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Title 42, The Public Health and WelfareRelease 119-110

§11376 Administrative Provisions

Title 42 › CHAPTER 119 — HOMELESS ASSISTANCE › SUBCHAPTER IV — HOUSING ASSISTANCE › Part B — Emergency Solutions Grants Program › § 11376

Last updated Sep 22, 2026|Official source

Summary

The Secretary must write rules to run the program within 60 days after July 22, 1987, and those rules must follow the federal rulemaking steps in section 553 of title 5. Final rules based on that notice must be issued before the end of the 12-month period after July 22, 1987. Until then, the earlier emergency shelter grant rules from Public Law 99–500 or 99–591 will still apply. When a law provides money for this program, the Secretary must tell each State, metropolitan city, and urban county their grant amount within 60 days of that law; they can use the money even if the Secretary has not finished the rules. The Secretary must also set minimum habitability standards so shelters provide privacy, safety, and sanitary and other health-related conditions for homeless people and families. Grantees may set higher standards if they choose.

Full Legal Text

Title 42, §11376

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Regulations
Not later than 60 days after July 22, 1987, the Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this part. Such requirements shall be subject to section 553 of title 5. The Secretary shall issue requirements based on the initial notice before the expiration of the 12-month period following July 22, 1987. Prior to the issuance of such requirements in final form, the requirements established by the Secretary implementing the provisions of the emergency shelter grants program under the provisions made effective by section 101(g) of Public Law 99–500 or Public Law 99–591 shall govern the emergency shelter grants program under this part.
(b)Initial allocation of assistance
Not later than the expiration of the 60-day period following the date of enactment of a law providing appropriations to carry out this part, the Secretary shall notify each State, metropolitan city, and urban county that is to receive a direct grant of its allocation of assistance under this part. Such assistance shall be allocated and may be used notwithstanding any failure of the Secretary to issue requirements under subsection (a).
(c)Minimum standards of habitability
The Secretary shall prescribe such minimum standards of habitability as the Secretary determines to be appropriate to ensure that emergency shelters assisted under this section are environments that provide appropriate privacy, safety, and sanitary and other health-related conditions for homeless persons and families. Grantees are authorized to establish standards of habitability in addition to those prescribed by the Secretary.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The emergency shelter grants program under the provisions made effective by section 101(g) of Public Law 99–500 or Public Law 99–591, referred to in subsec. (a), means the emergency shelter grants program authorized by title V of H.R. 5313 [Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1987], as incorporated by reference by section 101(g) of Pub. L. 99–500 and 99–591, and enacted into law by section 106 of Pub. L. 100–202, which is set out as a note under section 11361 of this title.

Prior Provisions

A prior section 417 of Pub. L. 100–77 was classified to section 11377 of this title, prior to repeal by Pub. L. 111–22.

Amendments

1996—Subsec. (b). Pub. L. 104–330 struck out “Indian tribe,” after “State,”. 1990—Subsec. (b). Pub. L. 101–625, § 832(f)(7), inserted “Indian tribe,” after “State,”. Subsec. (c). Pub. L. 101–625, § 832(g), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 11376

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110