§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, §414, July 22, 1987, 101 Stat. 497 ; Pub. L. 100–628, title IV, §§422, 423(a), Nov. 7, 1988, 102 Stat. 3231 ; Pub. L. 101–625, title VIII, §832(c), (d), (f)(6), Nov. 28, 1990, 104 Stat. 4360 , 4361; Pub. L. 102–550, title XIV, §1402(e), Oct. 28, 1992, 106 Stat. 4013 ; Pub. L. 104–330, title V, §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, §832(f)(6)(A), inserted "or Indian tribe" after "local government".

Subsec. (a)(2)(B). Pub. L. 101–625, §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, §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, §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, §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, §423(a), added par. (4).

Subsec. (b). Pub. L. 100–628, §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.