42 USC § 11376 - Administrative provisions

---
identifier: "/us/usc/t42/s11376"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 11376 - Administrative provisions"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "11376"
section_name: "Administrative provisions"
chapter_number: 119
chapter_name: "HOMELESS ASSISTANCE"
subchapter_number: "IV"
subchapter_name: "HOUSING ASSISTANCE"
part_number: "B"
part_name: "Emergency Solutions Grants Program"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 100–77, title IV, § 417, formerly § 416, July 22, 1987, 101 Stat. 498; Pub. L. 101–625, title VIII, § 832(f)(7), (g), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(6), Oct. 26, 1996, 110 Stat. 4044; renumbered § 417, Pub. L. 111–22, div. B, title II, § 1201(3), May 20, 2009, 123 Stat. 1678.)"
---


# § 11376. Administrative provisions

**(a)** **Regulations** July 22, 1987section 553 of title 5July 22, 1987section 101(g) of Public Law 99–500Public Law 99–591

Not later than 60 days after , 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 . The Secretary shall issue requirements based on the initial notice before the expiration of the 12-month period following . 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  or  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.

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**Source Credit**: (Pub. L. 100–77, title IV, § 417, formerly § 416, July 22, 1987, 101 Stat. 498; Pub. L. 101–625, title VIII, § 832(f)(7), (g), Nov. 28, 1990, 104 Stat. 4361; Pub. L. 104–330, title V, § 506(a)(6), Oct. 26, 1996, 110 Stat. 4044; renumbered § 417, Pub. L. 111–22, div. B, title II, § 1201(3), May 20, 2009, 123 Stat. 1678.)

## Editorial Notes

### References in Text

The emergency shelter grants program under the provisions made effective by  or , 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  and 99–591, and enacted into law by , which is set out as a note under .

### Prior Provisions

A prior  was classified to , prior to repeal by .

### Amendments

1996—Subsec. (b).  struck out “Indian tribe,” after “State,”.

1990—Subsec. (b). , inserted “Indian tribe,” after “State,”.

Subsec. (c). , added subsec. (c).

## Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by  effective , except as otherwise expressly provided, see , set out as an Effective Date note under , Indians.

Amendment 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 .