42 USC § 11373 - Allocation and distribution of assistance
(a)
In general
The Secretary shall allocate assistance under this part to metropolitan cities, urban counties, and States (for distribution to local governments and private nonprofit organizations in the States) in a manner that ensures that the percentage of the total amount available under this part for any fiscal year that is allocated to any State, metropolitan city, or urban county is equal to the percentage of the total amount available for section
5306 of this title for such prior fiscal year that is allocated to such State, metropolitan city, or urban county.
(b)
Minimum allocation requirement
If, under the allocation provisions applicable under this part, any metropolitan city or urban county would receive a grant of less than 0.05 percent of the amounts appropriated under section
11364 of this title and made available to carry out this part for any fiscal year, such amount shall instead be reallocated to the State, except that any city that is located in a State that does not have counties as local governments, that has a population greater than 40,000 but less than 50,000 as used in determining the fiscal year 1987 community development block grant program allocation, and that was allocated in excess of $1,000,000 in community development block grant funds in fiscal year 1987, shall receive directly the amount allocated to such city under subsection (a) of this section.
(c)
Distributions to nonprofit organizations
Any local government receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals. Any State receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals, if the local government for the locality in which the project is located certifies that it approves of the project.
(d)
Reallocation of funds
(1)
The Secretary shall, not less than twice during each fiscal year, reallocate any assistance provided under this part that is unused or returned or that becomes available under subsection (b) of this section.
(2)
If a city or county eligible for a grant under subsection (a) of this section fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the city or county would have received shall be available to the State in which the city or county is located if the State has obtained approval of its comprehensive plan. Any amounts that cannot be allocated to a State under the preceding sentence shall be reallocated to other States, counties, and cities that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(3)
If a State fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the State would have received shall be reallocated to other States and to cities and counties as applicable, that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(e)
Allocations to territories
In addition to the other allocations required in this section, the Secretary shall (for amounts appropriated after July 22, 1987) allocate assistance under this part to the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, in accordance with an allocation formula established by the Secretary.
(a)
In general
The Secretary shall allocate assistance under this part to metropolitan cities, urban counties, and States (for distribution to local governments and private nonprofit organizations in the States) in a manner that ensures that the percentage of the total amount available under this part for any fiscal year that is allocated to any State, metropolitan city, or urban county is equal to the percentage of the total amount available for section
5306 of this title for such prior fiscal year that is allocated to such State, metropolitan city, or urban county.
(b)
Minimum allocation requirement
If, under the allocation provisions applicable under this part, any metropolitan city or urban county would receive a grant of less than 0.05 percent of the amounts appropriated under section
11364 of this title and made available to carry out this part for any fiscal year, such amount shall instead be reallocated to the State, except that any city that is located in a State that does not have counties as local governments, that has a population greater than 40,000 but less than 50,000 as used in determining the fiscal year 1987 community development block grant program allocation, and that was allocated in excess of $1,000,000 in community development block grant funds in fiscal year 1987, shall receive directly the amount allocated to such city under subsection (a) of this section.
(c)
Distributions to nonprofit organizations
Any local government receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals. Any State receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals, if the local government for the locality in which the project is located certifies that it approves of the project.
(d)
Reallocation of funds
(1)
The Secretary shall, not less than twice during each fiscal year, reallocate any assistance provided under this part that is unused or returned or that becomes available under subsection (b) of this section.
(2)
If a city or county eligible for a grant under subsection (a) of this section fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the city or county would have received shall be available to the State in which the city or county is located if the State has obtained approval of its comprehensive plan. Any amounts that cannot be allocated to a State under the preceding sentence shall be reallocated to other States, counties, and cities that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(3)
If a State fails to obtain approval of its comprehensive plan during the 90-day period following the date funds authorized by this part first become available for allocation during any fiscal year, the amount that the State would have received shall be reallocated to other States and to cities and counties as applicable, that demonstrate extraordinary need or large numbers of homeless individuals, as determined by the Secretary.
(e)
Allocations to territories
In addition to the other allocations required in this section, the Secretary shall (for amounts appropriated after July 22, 1987) allocate assistance under this part to the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States, in accordance with an allocation formula established by the Secretary.
Source
(Pub. L. 100–77, title IV, § 414, formerly § 413,July 22, 1987, 101 Stat. 496; Pub. L. 100–628, title IV, § 421,Nov. 7, 1988, 102 Stat. 3231; Pub. L. 101–625, title VIII, § 832(f)(3)–(5), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(3),Oct. 26, 1996, 110 Stat. 4044; renumbered § 414 and amended Pub. L. 111–22, div. B, title II, § 1201(3), (5),May 20, 2009, 123 Stat. 1678, 1679.)
Prior Provisions
A prior section 414 ofPub. L. 100–77was classified to section
11374 of this title prior to renumbering as section
415 and repeal by Pub. L. 111–22.
Amendments
2009—Subsec. (b). Pub. L. 111–22, § 1201(5), substituted “amounts appropriated under section
11364 of this title and made available to carry out this part for any” for “amounts appropriated to carry out this part for any”.
1996—Subsec. (a). Pub. L. 104–330, § 506(a)(3)(A), struck out “, and to Indian tribes,” after “in the States)” and “, or for Indian tribes” after “or urban county” in two places.
Subsec. (c). Pub. L. 104–330, § 506(a)(3)(B), struck out “or Indian tribe” after “Any local government”.
Subsec. (d)(3). Pub. L. 104–330, § 506(a)(3)(C)(ii), struck out “, or other Indian tribes,” after “cities and counties”.
Pub. L. 104–330, § 506(a)(3)(C)(i), which directed amendment of par. (3) by striking “, or Indian tribe” each place it appeared, was executed by striking “or Indian tribe” after “State” in two places to reflect the probable intent of Congress.
1990—Subsec. (a). Pub. L. 101–625, § 832(f)(3), inserted “, and to Indian tribes,” after “States)” and “, or for Indian tribes” after “urban county” in two places.
Subsec. (c). Pub. L. 101–625, § 832(f)(4), inserted “or Indian tribe” after “local government”.
Subsec. (d)(3). Pub. L. 101–625, § 832(f)(5), inserted “or Indian tribe” after “State” in two places and “, or other Indian tribes, as applicable,” after “counties”.
1988—Subsec. (a). Pub. L. 100–628, § 421(a), inserted “and private nonprofit organizations” after “local governments”.
Subsec. (c). Pub. L. 100–628, § 421(b), inserted at end “Any State receiving assistance under this part may distribute all or a portion of such assistance to private nonprofit organizations providing assistance to homeless individuals, if the local government for the locality in which the project is located certifies that it approves of the project.”
Effective Date of 2009 Amendment
Amendment by Pub. L. 111–22effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 ofPub. L. 111–22, set out as a note under section
11302 of this title.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104–330effective Oct. 1, 1997, except as otherwise expressly provided, see section 107 ofPub. L. 104–330, set out as an Effective Date note under section
4101 of Title
25, Indians.
Amendment by Pub. L. 104–330applicable with respect to amounts made available for assistance under this subchapter for fiscal year 1998 and fiscal years thereafter, see section 506(c) ofPub. L. 104–330, set out as a note under section
11371 of this title.
Termination of Trust Territory of the Pacific Islands
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, May 21, 2013
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