§11463. Program requirements

(a) Application

In order to receive a grant under this part, a State shall submit an application to the Secretary in such form and at such time as the Secretary may require. Such application shall describe the agencies, organizations, and activities that the State intends to support with the amounts received.

(b) Assurances

In order to receive a grant under this part, a State shall ensure that-

(1) it will award not less than 95 percent of the amounts it receives, by not later than 60 days after such receipt, to-

(A) community action agencies that are eligible to receive amounts under section 675(c)(2)(A) of the Community Services Block Grant Act (42 U.S.C. 9904(c)(2)(A));

(B) organizations serving migrant and seasonal farmworkers; and

(C) any organization to which a State, that applied for and received a waiver from the Secretary under Public Law 98–139, made a grant under the Community Services Block Grant Act (42 U.S.C. 9901 et seq.) for fiscal year 1984; and

(2) no amount received under this part will be used to supplant other programs for homeless individuals administered by the State;

(3) not more than 5 percent of the amounts received under this part will be used to defray State administrative costs; and

(4) not more than 25 percent of the amounts received will be used for the purpose described in subsection (c)(4) of this section.

(c) Eligible use of funds

Amounts awarded under this part may be used only for the following purposes:

(1)(A) Expansion of comprehensive services to homeless individuals to provide follow-up and long-term services to enable homeless individuals to make the transition out of poverty.

(B) Renovation of buildings to be used to provide such services, except that not more than 50 percent of such amounts may be used for such purpose.

(2) Provision of assistance in obtaining social and maintenance services and income support services for homeless individuals.

(3) Promotion of private sector and other assistance to homeless individuals.

(4) Provision of assistance to any individual who has received a notice of foreclosure, eviction, or termination of utility services, if-

(A) the inability of the individual to make mortgage, rental, or utility payments is due to a sudden reduction in income;

(B) the assistance is necessary to avoid the foreclosure, eviction, or termination of utility services; and

(C) there is a reasonable prospect that the individual will be able to resume the payments within a reasonable period of time.

(5) Provision of, or referral to, violence counseling for homeless children and individuals, and the provision of violence counseling training to individuals who work with homeless children and individuals.

(d) Compliance with 60-day requirement

It shall be left solely to the discretion of the Secretary to enforce the 60-day requirement specified in subsection (b)(1)(A) of this section.

( Pub. L. 100–77, title VII, §753, July 22, 1987, 101 Stat. 532 ; Pub. L. 100–628, title VII, §704(b), (c), Nov. 7, 1988, 102 Stat. 3246 ; Pub. L. 101–645, title VI, §631(a), (b), Nov. 29, 1990, 104 Stat. 4746 .)

References in Text

Public Law 98–139, referred to in subsec. (b)(1)(A)(iii), is Pub. L. 98–139, Oct. 31, 1983, 97 Stat. 871 , known as the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriation Act, 1984. For complete classification of this Act to the Code, see Tables.

The Community Services Block Grant Act, referred to in subsec. (b)(1)(A)(iii), is subtitle B (§§671–683) of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 511 , as amended, which is classified generally to chapter 106 (§9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables.

Amendments

1990-Subsec. (b). Pub. L. 101–645, §631(a), struck out subpar. (A) designation after "(1)", substituted "not less than 95 percent" for "all" in introductory provision of par. (1), redesignated cls. (i) to (iii) as subpars. (A) to (C), respectively, struck out former subpar. (B) which read as follows: "not less than 90 percent of the amounts received shall be awarded to such agencies and organizations that, as of January 1, 1987, are providing services to meet the critically urgent needs of homeless individuals;", and in par. (3), substituted "not more than 5 percent of the amounts" for "no amount".

Subsec. (c)(1). Pub. L. 101–645, §631(b)(1), designated existing provision as subpar. (A) and added subpar. (B).

Subsec. (c)(5). Pub. L. 101–645, §631(b)(2), added par. (5).

1988-Subsec. (b)(1)(A). Pub. L. 100–628, §704(c)(1), inserted ", by not later than 60 days after such receipt," after "receives" in introductory provisions.

Subsec. (b)(4). Pub. L. 100–628, §704(b)(2), added par. (4).

Subsec. (c)(4). Pub. L. 100–628, §704(b)(1), added par. (4).

Subsec. (d). Pub. L. 100–628, §704(c)(2), added subsec. (d).

Effective Date of 1990 Amendment

Section 631(d) of Pub. L. 101–645 provided that: "The amendments made by subsections (a) and (b) of this section [amending this section] shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act [Nov. 29, 1990]."

Section Referred to in Other Sections

This section is referred to in section 11462 of this title.