
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-377 Section 1(a)(1)[229(b)]]
[CITE: 42USC11374]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
                Part B--Emergency Shelter Grants Program
 
Sec. 11374. Eligible activities


(a) In general

    Assistance provided under this part may be used for the following 
activities relating to emergency shelter for homeless individuals:
        (1) The renovation, major rehabilitation, or conversion of 
    buildings to be used as emergency shelters.
        (2) The provision of essential services, including services 
    concerned with employment, health, drug abuse, or education, if--
            (A) such services have not been provided by the local 
        government during any part of the immediately preceding 12-month 
        period, or the use of assistance under this part would 
        complement those services; and
            (B) not more than 30 percent of the aggregate amount of all 
        assistance to a State or local government under this part is 
        used for activities under this paragraph.

        (3) Maintenance, operation, insurance, utilities, and 
    furnishings, except that not more than 10 percent of the amount of 
    any grant received under this part may be used for costs of staff.
        (4) Efforts to prevent homelessness such as financial assistance 
    to families who have received eviction notices or notices of 
    termination of utility services if--
            (A) the inability of the family to make the required 
        payments is due to a sudden reduction in income;
            (B) the assistance is necessary to avoid the eviction or 
        termination of services;
            (C) there is a reasonable prospect that the family will be 
        able to resume payments within a reasonable period of time; and
            (D) the assistance will not supplant funding for preexisting 
        homelessness prevention activities from other sources.

    Not more than 30 percent of the aggregate amount of all assistance 
    to a State or local government under this part may be used for 
    activities under this paragraph.

(b) Waiver authority

    The Secretary may waive the 20 percent limitation on the use of 
assistance for essential services contained in subsection (a)(2)(B) of 
this section, if the local government receiving the assistance 
demonstrates that the other eligible activities under the program are 
already being carried out in the locality with other resources.

(Pub. L. 100-77, title IV, Sec. 414, July 22, 1987, 101 Stat. 497; Pub. 
L. 100-628, title IV, Secs. 422, 423(a), Nov. 7, 1988, 102 Stat. 3231; 
Pub. L. 101-625, title VIII, Sec. 832(c), (d), (f)(6), Nov. 28, 1990, 
104 Stat. 4360, 4361; Pub. L. 102-550, title XIV, Sec. 1402(e), Oct. 28, 
1992, 106 Stat. 4013; Pub. L. 104-330, title V, Sec. 506(a)(4), Oct. 26, 
1996, 110 Stat. 4044.)


                               Amendments

    1996--Subsec. (a)(2). Pub. L. 104-330 struck out ``or Indian tribe'' 
after ``local government'' in subpar. (A) and substituted ``or local 
government'' for ``, local government, or Indian tribe'' in subpar. (B).
    Subsec. (a)(4). Pub. L. 104-330 substituted ``or local government'' 
for ``, local government, or Indian tribe'' in concluding provisions.
    1992--Subsec. (a)(3). Pub. L. 102-550 struck out ``(other than 
staff)'' after ``operation'' and inserted before period at end ``, 
except that not more than 10 percent of the amount of any grant received 
under this part may be used for costs of staff''.
    1990--Subsec. (a)(2)(A). Pub. L. 101-625, Sec. 832(f)(6)(A), 
inserted ``or Indian tribe'' after ``local government''.
    Subsec. (a)(2)(B). Pub. L. 101-625, Sec. 832(c), (f)(6)(B), 
substituted ``30 percent'' for ``20 percent'' and ``, local government, 
or Indian tribe'' for ``or local government''.
    Subsec. (a)(4). Pub. L. 101-625, Sec. 832(d), substituted sentence 
at end for ``Activities under this paragraph shall be treated as 
`essential services' for the purpose of paragraph (2)(B).''
    1988--Subsec. (a)(2)(A). Pub. L. 100-628, Sec. 422(b), inserted 
before semicolon ``, or the use of assistance under this part would 
complement those services''.
    Subsec. (a)(2)(B). Pub. L. 100-628, Sec. 422(a), substituted ``20'' 
for ``15'' and ``the aggregate amount of all assistance to a State or'' 
for ``the amount of any assistance to a''.
    Subsec. (a)(4). Pub. L. 100-628, Sec. 423(a), added par. (4).
    Subsec. (b). Pub. L. 100-628, Sec. 422(a)(1), substituted ``20'' for 
``15''.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as 
otherwise expressly provided, see section 107 of Pub. L. 104-330, set 
out as an Effective Date note under section 4101 of Title 25, Indians.
    Amendment by Pub. L. 104-330 applicable with respect to amounts made 
available for assistance under this subchapter for fiscal year 1998 and 
fiscal years thereafter, see section 506(c) of Pub. L. 104-330, set out 
as a note under section 11371 of this title.


                      Report by Comptroller General

    Section 423(b) of Pub. L. 100-628 provided that: ``The Comptroller 
General of the United States shall conduct a study and report to the 
Congress not later than 1 year after the date of the enactment of this 
Act [Nov. 7, 1988] on various programs to prevent homelessness 
implemented by grantees, with particular focus on the different methods 
employed by grantees to determine eligibility for homelessness 
prevention assistance and restrictions or limitations, if any, imposed 
under such programs. Such report shall include--
        ``(1) an examination of other homelessness prevention programs, 
    including other Federal programs and State and local programs; and
        ``(2) recommendations for such legislation as the Comptroller 
    General determines appropriate, including recommendations on how to 
    prevent homelessness as a result of mortgage foreclosures.''

                  Section Referred to in Other Sections

    This section is referred to in sections 11372, 11375 of this title.
