US Code

Public Law 119-103 (09/02/2026)

42 U.S.C. § 11373

Allocation and distribution of assistance

Section text and notes

(a)

In general

section 5306 of this titleThe 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 for such prior fiscal year that is allocated to such State, metropolitan city, or urban county.

(b)

Minimum allocation requirement

section 11364 of this titleIf, 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 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).

(c)

Distributions to nonprofit organizations, public housing agencies, and local redevelopment authorities

section 1437a(b)(6) of this titleAny 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, to public housing agencies (as defined under ), or to local redevelopment authorities (as defined under State law). 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 once during each fiscal year, reallocate any assistance provided under this part that is unused or returned or that becomes available under subsection (b).
(2)
If a city or county eligible for a grant under subsection (a) 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 ) 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.

(f)

Funding cap waiver authority

(1)

In general

section 11374(b) of this titleNotwithstanding any other provision of law or regulation, a recipient may request a waiver to the expenditure limit established pursuant to for amounts provided for each of fiscal years 2027 through 2030.

(2)

Waiver request

(A)

In general

A recipient seeking a waiver described in paragraph (1) shall submit to the Secretary a waiver request that includes not more than the following:
(i)
A demonstration of local needs and circumstances that necessitate a waiver.
(ii)
A detailed plan for how the recipient intends to use funds.
(iii)
A justification for how the proposed use of funds supports the most recent Consolidated Plan submitted by the recipient.
(iv)
Any public input solicited under subparagraph (B)(ii).
(B)

Notification

Each recipient shall—
(i)
notify all subrecipients and local Continuums of Care that serve the recipient’s geographic area of the availability of waivers under this subsection; and
(ii)
prior to the submission of a waiver request under subparagraph (A), solicit public input regarding the potential need for and proposed uses of such waiver.
(C)

Approval; publication

The Secretary shall—
(i)
make all waiver requests submitted under subparagraph (A) publicly available on the website of the Department of Housing and Urban Development;
(ii)
not later than 60 days after the date on which the Secretary receives a waiver request under subparagraph (A), approve or deny the request; and
(iii)
1
1 So in original. Probably should be “threatens”.
deny any waiver request submitted under subparagraph (A) by a recipient that relocates or threaten  to relocate individuals or their property without providing emergency shelter, rapid rehousing, transitional housing, permanent supportive housing, or other permanent housing options.
(3)

Revocation

(A)

In general

A waiver approved under this subsection shall remain in effect for the duration of the period of performance of fiscal year 2027 through 2030 grants, unless the recipient notifies the Secretary in writing that the recipient wishes to revoke the waiver.

(B)

Notification

If a recipient intends to revoke a waiver under subparagraph (A), the recipient shall—
(i)
solicit input from subrecipients regarding the revocation before submitting the revocation; and
(ii)
provide subrecipients with a summary of the input and the justification for the revocation in its submittal prior to notifying the Secretary in writing.
(C)

Publication

The Secretary shall publish any revocation of a waiver under subparagraph (A) and the justification of the recipient for the waiver on the website of the Department of Housing and Urban Development.

Pub. L. 100–77, title IV, § 414101 Stat. 496 Pub. L. 100–628, title IV, § 421102 Stat. 3231 Pub. L. 101–625, title VIII, § 832(f)(3)104 Stat. 4361 Pub. L. 104–330, title V, § 506(a)(3)110 Stat. 4044 Pub. L. 111–22, div. B, title II, § 1201(3)123 Stat. 1678 Pub. L. 114–94, div. G, title LXXIX, § 79002129 Stat. 1792 Pub. L. 114–201, title IV, § 402130 Stat. 808 Pub. L. 119–101, title V, § 503140 Stat. 928 (, formerly § 413, , ; , , ; –(5), , ; , , ; renumbered § 414 and amended , (5), , , 1679; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

section 414 of Pub. L. 100–77section 11374 of this titlePub. L. 111–22A prior was classified to prior to renumbering as section 415 and repeal by .

Amendments

Pub. L. 119–1012026—Subsec. (f). added subsec. (f).

Pub. L. 114–201section 1437a(b)(6) of this title2016—Subsec. (c). , inserted “, public housing agencies, and local redevelopment authorities” after “organizations” in heading and inserted “, to public housing agencies (as defined under ), or to local redevelopment authorities (as defined under State law)” before period at end of first sentence.

Pub. L. 114–942015—Subsec. (d)(1). substituted “once” for “twice”.

Pub. L. 111–22, § 1201(5)section 11364 of this title2009—Subsec. (b). , substituted “amounts appropriated under and made available to carry out this part for any” for “amounts appropriated to carry out this part for any”.

Pub. L. 104–330, § 506(a)(3)(A)1996—Subsec. (a). , struck out “, and to Indian tribes,” after “in the States)” and “, or for Indian tribes” after “or urban county” in two places.

Pub. L. 104–330, § 506(a)(3)(B)Subsec. (c). , struck out “or Indian tribe” after “Any local government”.

Pub. L. 104–330, § 506(a)(3)(C)(ii)Subsec. (d)(3). , 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.

Pub. L. 101–625, § 832(f)(3)1990—Subsec. (a). , inserted “, and to Indian tribes,” after “States)” and “, or for Indian tribes” after “urban county” in two places.

Pub. L. 101–625, § 832(f)(4)Subsec. (c). , inserted “or Indian tribe” after “local government”.

Pub. L. 101–625, § 832(f)(5)Subsec. (d)(3). , inserted “or Indian tribe” after “State” in two places and “, or other Indian tribes, as applicable,” after “counties”.

Pub. L. 100–628, § 421(a)1988—Subsec. (a). , inserted “and private nonprofit organizations” after “local governments”.

Pub. L. 100–628, § 421(b)Subsec. (c). , 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2009 Amendment

Pub. L. 111–22section 1503 of Pub. L. 111–22section 11302 of this titleAmendment by effective on the earlier of 18 months after , or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–330section 107 of Pub. L. 104–330section 4101 of Title 25Amendment by effective , except as otherwise expressly provided, see , set out as an Effective Date note under , Indians.

Pub. L. 104–330section 506(c) of Pub. L. 104–330section 11371 of this titleAmendment by applicable with respect to amounts made available for assistance under this subchapter for fiscal year 1998 and fiscal years thereafter, see , set out as a note under .

Executive Documents

Termination of Trust Territory of the Pacific Islands

section 1681 of Title 48For termination of Trust Territory of the Pacific Islands, see note set out preceding , Territories and Insular Possessions.

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