42 U.S.C. § 11301 — Findings and purpose

Page 8131 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11301 Sec. 11320. Encouragement of State involvement. SUBCHAPTER III—FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER PROGRAM PART A—ADMINISTRATIVE PROVISIONS 11331. Emergency Food and Shelter Program National Board. 11332. Local boards. 11333. Role of Federal Emergency Management Agency. 11334. Records and audit of National Board and recipients of assistance. 11335. Annual report. PART B—EMERGENCY FOOD AND SHELTER GRANTS 11341. Grants by Director. 11342. Retention of interest earned. 11343. Purposes of grants. 11344. Limitation on certain costs. 11345. Disbursement of funds. 11346. Program guidelines. PART C—GENERAL PROVISIONS 11351. Definitions. 11352. Authorization of appropriations. SUBCHAPTER IV—HOUSING ASSISTANCE PART A—GENERAL PROVISIONS 11360. Definitions. 11360a. Collaborative applicants. 11361. Housing affordability strategy. 11361a. Preventing involuntary family separa- tion. 11361b. Technical assistance. 11362. Discharge coordination policy. 11363. Protection of personally identifying in- formation by victim service providers. 11364. Authorization of appropriations. 11364a. Availability of amounts recaptured from appropriated funds. PART B—EMERGENCY SOLUTIONS GRANTS PROGRAM 11371. Definitions. 11372. Grant assistance. 11372a. Amount and allocation of assistance. 11373. Allocation and distribution of assist- ance. 11374. Eligible activities. 11375. Responsibilities of recipients. 11376. Administrative provisions. 11377. Repealed. 11378. Administrative costs. PART C—CONTINUUM OF CARE PROGRAM 11381. Purposes. 11382. Continuum of care applications and grants. 11383. Eligible activities. 11384. Incentives for high-performing commu- nities. 11385. Supportive services. 11386. Program requirements. 11386a. Selection criteria. 11386b. Allocation of amounts and incentives for specific eligible activities. 11386c. Renewal funding and terms of assistance for permanent housing. 11386d. Matching funding. 11386e. Appeal procedure. 11386f. Geographic areas. 11387. Regulations. 11388. Reports to Congress. 11389. Indian tribes and tribally designated housing entities. PART D—RURAL HOUSING STABILITY ASSISTANCE PROGRAM 11408. Rural housing stability grant program. Sec. 11408a. Use of FMHA inventory for transitional housing for homeless persons and for turnkey housing. SUBCHAPTER V—IDENTIFICATION AND USE OF SURPLUS FEDERAL PROPERTY 11411. Use of unutilized and underutilized pub- lic buildings and real property to assist the homeless. 11412. Making surplus personal property avail- able to nonprofit agencies. SUBCHAPTER VI—EDUCATION AND TRAINING PART A—ADULT EDUCATION FOR HOMELESS 11421. Repealed. PART B—EDUCATION FOR HOMELESS CHILDREN AND YOUTHS 11431. Statement of policy. 11432. Grants for State and local activities for the education of homeless children and youths. 11433. Local educational agency subgrants for the education of homeless children and youths. 11434. Secretarial responsibilities. 11434a. Definitions. 11435. Authorization of appropriations. PART C—JOB TRAINING FOR HOMELESS 11441 to 11450. Repealed. PART D—EMERGENCY COMMUNITY SERVICES HOMELESS GRANT PROGRAM 11461 to 11466. Repealed. PART E—MISCELLANEOUS PROVISIONS 11471, 11472. Repealed. PART F—FAMILY SUPPORT CENTERS 11481 to 11489. Repealed. SUBCHAPTER I—GENERAL PROVISIONS § 11301. Findings and purpose (a) Findings The Congress finds that— (1) the Nation faces an immediate and un- precedented crisis due to the lack of shelter for a growing number of individuals and fami- lies, including elderly persons, handicapped persons, families with children, Native Ameri- cans, and veterans; (2) the problem of homelessness has become more severe and, in the absence of more effec- tive efforts, is expected to become dramati- cally worse, endangering the lives and safety of the homeless; (3) the causes of homelessness are many and complex, and homeless individuals have di- verse needs; (4) there is no single, simple solution to the problem of homelessness because of the dif- ferent subpopulations of the homeless, the dif- ferent causes of and reasons for homelessness, and the different needs of homeless individ- uals; (5) due to the record increase in homeless- ness, States, units of local government, and private voluntary organizations have been un- able to meet the basic human needs of all the homeless and, in the absence of greater Fed- eral assistance, will be unable to protect the Page 8132 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11301 lives and safety of all the homeless in need of assistance; and (6) the Federal Government has a clear re- sponsibility and an existing capacity to fulfill a more effective and responsible role to meet the basic human needs and to engender respect for the human dignity of the homeless. (b) Purpose It is the purpose of this chapter— (1) to establish the United States Inter- agency Council on Homelessness; (2) to use public resources and programs in a more coordinated manner to meet the criti- cally urgent needs of the homeless of the Na- tion; and (3) to provide funds for programs to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans. (Pub. L. 100–77, title I, § 102, July 22, 1987, 101 Stat. 484; Pub. L. 108–199, div. G, title II, § 216(2), Jan. 23, 2004, 118 Stat. 394.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 100–77, July 22, 1987, 101 Stat. 482, known as the McKinney-Vento Homeless Assistance Act, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables. AMENDMENTS 2004—Subsec. (b)(1). Pub. L. 108–199 substituted ‘‘the United States Interagency Council on Homelessness’’ for ‘‘an Interagency Council on the Homeless’’. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2009 AMENDMENT Pub. L. 111–22, div. B, § 1001(a), May 20, 2009, 123 Stat. 1663, provided that: ‘‘This division [enacting sections 11318, 11360, 11360a, 11361a, 11361b, 11363, 11364, 11372, 11372a, 11374, 11381 to 11384, and 11386a to 11386e of this title, redesignating part G of subchapter IV of this chapter as part D of subchapter IV of this chapter, amending sections 11302, 11311 to 11313, 11315, 11361, 11362, 11373 to 11376, 11378, 11386, 11387, 11388, and 11408 of this title, repealing sections 11318, 11372, 11374, 11377, 11381 to 11384, and 11389 of this title and parts D to F of subchapter IV of this chapter, and enacting provisions set out as notes under this section and sections 11302 and 11311 of this title] may be cited as the ‘Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009’.’’ SHORT TITLE OF 2002 AMENDMENT Pub. L. 107–110, title X, § 1031, Jan. 8, 2002, 115 Stat. 1989, provided that: ‘‘This part [part C (§§ 1031–1034) of title X of Pub. L. 107–110, enacting sections 11431 to 11435 of this title and provisions set out as a note below and amending provisions set out as a note below] may be cited as the ‘McKinney-Vento Homeless Education Assistance Improvements Act of 2001’.’’ SHORT TITLE OF 1994 AMENDMENT Pub. L. 103–421, § 1, Oct. 25, 1994, 108 Stat. 4346, pro- vided that: ‘‘This Act [amending section 11411 of this title and enacting and amending provisions set out as notes under section 2687 of Title 10, Armed Forces] may cited as the ‘Base Closure Community Redevelopment and Homeless Assistance Act of 1994’.’’ SHORT TITLE OF 1993 AMENDMENT Pub. L. 103–120, § 1, Oct. 27, 1993, 107 Stat. 1144, pro- vided that: ‘‘This Act [amending sections 1490o and 12724 of this title and sections 1701z–11, 1721, and 1735f–9 of Title 12, Banks and Banking, enacting provisions set out as notes under this section and sections 1437f, 1490o, and 9816 of this title, and amending a provision set out as a note under section 1437f of this title] may be cited as the ‘HUD Demonstration Act of 1993’.’’ SHORT TITLE OF 1992 AMENDMENT Pub. L. 102–550, title XIV, § 1401, Oct. 28, 1992, 106 Stat. 4012, provided that: ‘‘This title [enacting sections 11381 to 11389, 11391 to 11399, 11403e–4, 11404, 11405 to 11405b, 11406 to 11406b, 11407 to 11407b, 11408, and 11408a of this title, transferring sections 11404c to 11404e of this title to sections 11403e–1 to 11403e–3 of this title, respec- tively, amending sections 11318, 11319, 11346, 11352, 11374, 11375, 11377, 11401, 11403a, 11403c to 11403e, 11403g, 11403h, 11404a, and 11404b of this title, repealing sections 11381 to 11388, 11391 to 11394, 11404, 11405 to 11405c, and 11406 to 11406c of this title, enacting provisions set out as notes preceding section 11361 and under sections 11361, 11381, and 11411 of this title, amending provisions set out as a note under this section, and repealing provisions set out as notes under sections 11361, 11391, and 11399 of this title] may be cited as the ‘Stewart B. McKinney Home- less Housing Assistance Amendments Act of 1992’.’’ SHORT TITLE OF 1990 AMENDMENT Pub. L. 101–645, § 1(a), Nov. 29, 1990, 104 Stat. 4673, pro- vided that: ‘‘This Act [enacting sections 5118 to 5118e, 11434a, 11465, 11466, and 11481 to 11489 of this title and section 1703a of Title 29, Labor, amending sections 256, 290bb–2, 290cc–21 to 290cc–35, 11302, 11312, 11318, 11319, 11332, 11352, 11411, 11421, 11431 to 11435, 11443, 11449, 11450, 11463, and 11464 of this title, enacting provisions set out as notes under this section, sections 5118, 11332, 11411, and 11463 of this title, and section 141 of Title 13, Cen- sus, and amending provisions set out as a note under section 290aa–3 of this title] may be cited as the ‘Stew- art B. McKinney Homeless Assistance Amendments Act of 1990’.’’ Pub. L. 101–645, title VI, § 601, Nov. 29, 1990, 104 Stat. 4734, provided that: ‘‘This title [enacting sections 5118 to 5118e, 11434a, 11465, 11466, and 11481 to 11489 of this title and section 1703a of Title 29, Labor, amending sec- tions 11302, 11421, 11431 to 11435, 11443, 11449, 11450, 11463, and 11464 of this title, and enacting provisions set out as notes under sections 5118 and 11463 of this title] may be cited as the ‘Stewart B. McKinney Homeless Assist- ance Amendments Act of 1990’.’’ SHORT TITLE OF 1988 AMENDMENT Pub. L. 100–628, § 1(a), Nov. 7, 1988, 102 Stat. 3224, pro- vided that: ‘‘This Act [enacting sections 3544, 11320, and 11402 of this title and sections 1583, 1791 to 1791j of Title 29, Labor, amending sections 254e, 256, 290bb–2, 290cc–21, 290cc–28, 290cc–29, 290cc–35, 290cc–36, 290dd, 290ee, 290ee–1, 503, 504, 602, 1437d, 1437f, 1437n, 1437o, 1437r, 1472, 1480, 1484 to 1486, 1490o, 3002, 3015, 3021, 3025 to 3027, 3031, 3035a, 3056e, 4013, 4121, 4822, 5302, 5304, 5306, 5318, 8103, 11304, 11313, 11318, 11319, 11352, 11361, 11373 to 11375, 11377, 11382 to 11385, 11387, 11388, 11392, 11394, 11401, 11411, 11421, 11432, 11433, 11435, 11447, 11449, 11462 to 11464, and 11501 of this title, sections 1454, 1701x, 1701z–11, 1709, 1710, 1715z–1a, 1715z–12, 1715z–20, 1717, 2805, and 2806 of Title 12, Banks and Banking, sections 1701 and 1719 of Title 15, Commerce and Trade, and sections 49, 49a, 49b, 49d to 49j, 49l, 49l–1, 1502, 1504, 1505, 1514, 1516, 1531, and 1602 of Title 29, enacting provisions set out as notes under this section and sections 256, 1437d, 1437f, 1472, 11303, 11374, 11381, 11383, 11384, 11392, 11401, and 11501 of this title, sections 1710 and 1715z–1a of Title 12, section 2661 of Title 15, and section 1501 of Title 29, and amending provisions set out as notes under sections 290aa–3, 1472, 1490m, and 4822 of this title, sections 1701z–6, 1709, 1715l, and 2802 of Title 12, and section 49 of Title 29] may be cited as the ‘Stewart B. McKinney Homeless Assistance Amendments Act of 1988’.’’ Page 8133 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11301 SHORT TITLE Pub. L. 100–77, title I, § 101(a), July 22, 1987, 101 Stat. 482, as amended by Pub. L. 106–400, § 1, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 107–110, title X, § 1034(a), Jan. 8, 2002, 115 Stat. 2006; Pub. L. 107–116, title VI, § 634(a), Jan. 10, 2002, 115 Stat. 2228, provided that: ‘‘This Act [enacting this chapter and sections 256 and 290cc–21 to 290cc–36 of this title, amending sections 254e, 290bb–1a, 290bb–2, and 5302 of this title, sections 2012, 2014, 2020, and 2025 of Title 7, Agriculture, sections 1205 and 1207a of Title 20, Education, sections 1503 and 1551 of Title 29, Labor, and section 484 of former Title 40, Public Buildings, Prop- erty, and Works, repealing section 256a of this title, en- acting provisions set out as notes under this section and section 290aa–3 of this title and sections 2012, 2014, and 2020 of Title 7, and amending provisions set out as notes under section 612c of Title 7 and section 1721 of Title 29] may be cited as the ‘McKinney-Vento Home- less Assistance Act’.’’ [Pub. L. 107–110, title X, § 1034(b), Jan. 8, 2002, 115 Stat. 2007, provided that: ‘‘The amendment made by sub- section (a) [amending section 1 of Pub. L. 106–400, which amended section 101(a) of Pub. L. 100–77 set out above] shall be deemed to be effective on the date of enact- ment of Public Law 106–400.’’] [Pub. L. 107–116, title VI, § 634(b), Jan. 10, 2002, 115 Stat. 2228, provided that: ‘‘The amendment made by subsection (a) of this section [which directed the amendment of section 101(a) of Pub. L. 100–77, set out above] is deemed to have taken effect immediately after the enactment of Public Law 106–400 [which was approved Oct. 30, 2000] (114 Stat. 1675).’’] REGULATIONS Pub. L. 111–22, div. B, title V, § 1504, May 20, 2009, 123 Stat. 1702, provided that: ‘‘(a) IN GENERAL.—Not later than 12 months after the date of the enactment of this division [May 20, 2009], the Secretary of Housing and Urban Development shall promulgate regulations governing the operation of the programs that are created or modified by this division [see Short Title of 2009 Amendment note above]. ‘‘(b) EFFECTIVE DATE.—This section shall take effect on the date of the enactment of this division.’’ Pub. L. 100–628, title IV, § 485, Nov. 7, 1988, 102 Stat. 3239, provided that: ‘‘Not later than 60 days after the date of the enactment of this Act [Nov. 7, 1988], the Secretary of Housing and Urban Development or other Federal entity involved shall by notice establish such requirements as may be necessary to carry out the amendments made by titles I through IV [see Tables for classification] and by section 501(2)(B) [amending sec- tion 11411 of this title]. The Secretary or other Federal entity involved shall issue regulations based on the no- tice not later than 12 months after the date of the en- actment of this Act.’’ FINDINGS AND PURPOSES Pub. L. 111–22, div. B, § 1002, May 20, 2009, 123 Stat. 1664, provided that: ‘‘(a) FINDINGS.—The Congress finds that— ‘‘(1) a lack of affordable housing and limited scale of housing assistance programs are the primary causes of homelessness; and ‘‘(2) homelessness affects all types of communities in the United States, including rural, urban, and sub- urban areas. ‘‘(b) PURPOSES.—The purposes of this division [see Short Title of 2009 Amendment note above] are— ‘‘(1) to consolidate the separate homeless assistance programs carried out under title IV of the McKinney- Vento Homeless Assistance Act [42 U.S.C. 11360 et seq.] (consisting of the supportive housing program and related innovative programs, the safe havens pro- gram, the section 8 [42 U.S.C. 1437f] assistance pro- gram for single-room occupancy dwellings, and the shelter plus care program) into a single program with specific eligible activities; ‘‘(2) to codify in Federal law the continuum of care planning process as a required and integral local function necessary to generate the local strategies for ending homelessness; and ‘‘(3) to establish a Federal goal of ensuring that in- dividuals and families who become homeless return to permanent housing within 30 days.’’ REFERENCES TO STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, pro- vided that: ‘‘Any reference in any law, regulation, doc- ument, paper, or other record of the United States to the Stewart B. McKinney Homeless Assistance Act shall be deemed to be a reference to the ‘McKinney- Vento Homeless Assistance Act’.’’ INNOVATIVE HOMELESS INITIATIVES DEMONSTRATION PROGRAM Pub. L. 103–120, § 2, Oct. 27, 1993, 107 Stat. 1144, as amended by Pub. L. 104–330, title V, § 506(b), Oct. 26, 1996, 110 Stat. 4045, directed Secretary of Housing and Urban Development, through cooperative efforts in partnership with other levels of government and the private sector, including nonprofit organizations, foun- dations, and communities, to demonstrate methods of undertaking comprehensive strategies for assisting homeless individuals and families (including homeless individuals who have AIDS or who are infected with HIV), through a variety of activities, including the co- ordination of efforts and the filling of gaps in available services and resources, directed Secretary to provide comprehensive homeless demonstration grants and in- novative project funding, and provided for submission of reports and authorization of appropriations, prior to repeal by Pub. L. 103–120, § 2(g), Oct. 27, 1993, 107 Stat. 1148. STRATEGY TO ELIMINATE UNFIT TRANSIENT FACILITIES Pub. L. 101–625, title VIII, § 825, Nov. 28, 1990, 104 Stat. 4356, as amended by Pub. L. 102–550, title XIV, § 1412, Oct. 28, 1992, 106 Stat. 4039, directed Secretary of Hous- ing and Urban Development, not more than 9 months after Oct. 28, 1992, to identify the States and units of general local government using unfit transient facili- ties as housing for homeless families with children and develop and publish in the Federal Register a strategy to eliminate such use by July 1, 1994, and in developing such strategy, to consult with the Secretary of the De- partment of Health and Human Services, the Adminis- trator of the Federal Emergency Management Agency, other appropriate Federal officials, appropriate States and units of general local government, major organiza- tions representing homeless persons and other experts. REPORT ON EFFECT OF RENT CONTROL ON HOMELESSNESS Pub. L. 100–628, title IV, § 483, Nov. 7, 1988, 102 Stat. 3238, directed Secretary of Housing and Urban Develop- ment, within 12 months after Nov. 7, 1988, to submit to Congress a report evaluating the impact of local hous- ing rent controls and regulations on rate of homeless- ness, and on the development, supply, availability, and affordability of housing, in major cities in the United States, with report to include additional specified in- formation. REQUIREMENT OF CERTAIN STUDY WITH RESPECT TO HOMELESSNESS Pub. L. 100–77, title VI, § 603, July 22, 1987, 101 Stat. 515, directed Secretary of Health and Human Services, not later than 18 months after July 22, 1987, to com- plete a study with respect to determining extent to which mental health deinstitutionalization policies of States are contributing to problem of homelessness, and submit to Congress the findings made as a result of such study, including any recommendations with re- spect to administrative and legislative initiatives that could reduce the number of chronically mentally ill in- dividuals who are homeless. Page 8134 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11302 1 So in original. Probably should be ‘‘mean—’’. § 11302. General definition of homeless indi- vidual (a) In general For purposes of this chapter, the terms ‘‘homeless’’, ‘‘homeless individual’’, and ‘‘home- less person’’ means— 1 (1) an individual or family who lacks a fixed, regular, and adequate nighttime residence; (2) an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned build- ing, bus or train station, airport, or camping ground; (3) an individual or family living in a super- vised publicly or privately operated shelter designated to provide temporary living ar- rangements (including hotels and motels paid for by Federal, State, or local government pro- grams for low-income individuals or by chari- table organizations, congregate shelters, and transitional housing); (4) an individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided; (5) an individual or family who— (A) will imminently lose their housing, in- cluding housing they own, rent, or live in without paying rent, are sharing with oth- ers, and rooms in hotels or motels not paid for by Federal, State, or local government programs for low-income individuals or by charitable organizations, as evidenced by— (i) a court order resulting from an evic- tion action that notifies the individual or family that they must leave within 14 days; (ii) the individual or family having a pri- mary nighttime residence that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than 14 days; or (iii) credible evidence indicating that the owner or renter of the housing will not allow the individual or family to stay for more than 14 days, and any oral statement from an individual or family seeking homeless assistance that is found to be credible shall be considered credible evi- dence for purposes of this clause; (B) has no subsequent residence identified; and (C) lacks the resources or support net- works needed to obtain other permanent housing; and (6) unaccompanied youth and homeless fami- lies with children and youth defined as home- less under other Federal statutes who— (A) have experienced a long term period without living independently in permanent housing, (B) have experienced persistent instability as measured by frequent moves over such pe- riod, and (C) can be expected to continue in such status for an extended period of time be- cause of chronic disabilities, chronic phys- ical health or mental health conditions, sub- stance addiction, histories of domestic vio- lence or childhood abuse, the presence of a child or youth with a disability, or multiple barriers to employment. (b) Domestic violence, dating violence, sexual as- sault, stalking, and other dangerous, trau- matic, or life-threatening conditions relating to such violence Notwithstanding any other provision of this section, the Secretary shall consider to be homeless any individual or family who— (1) is experiencing trauma or a lack of safety related to, or fleeing or attempting to flee, do- mestic violence, dating violence, sexual as- sault, stalking, or other dangerous, traumatic, or life-threatening conditions related to the violence against the individual or a family member in the individual’s or family’s current housing situation, including where the health and safety of children are jeopardized; (2) has no other safe residence; and (3) lacks the resources to obtain other safe permanent housing. (c) Income eligibility (1) In general A homeless individual shall be eligible for assistance under any program provided by this chapter, only if the individual complies with the income eligibility requirements otherwise applicable to such program. (2) Exception Notwithstanding paragraph (1), a homeless individual shall be eligible for assistance under title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3111 et seq.]. (d) Exclusion For purposes of this chapter, the term ‘‘home- less’’ or ‘‘homeless individual’’ does not include any individual imprisoned or otherwise detained pursuant to an Act of the Congress or a State law. (e) Persons experiencing homelessness Any references in this chapter to homeless in- dividuals (including homeless persons) or home- less groups (including homeless persons) shall be considered to include, and to refer to, individ- uals experiencing homelessness or groups experi- encing homelessness, respectively. (Pub. L. 100–77, title I, § 103, July 22, 1987, 101 Stat. 485; Pub. L. 101–625, title VIII, § 822, Nov. 28, 1990, 104 Stat. 4355; Pub. L. 101–645, title VI, § 602, Nov. 29, 1990, 104 Stat. 4734; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(41), (f)(32)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–427, 2681–434; Pub. L. 111–22, div. B, § 1003(a), title V, § 1502(b), May 20, 2009, 123 Stat. 1664, 1701; Pub. L. 113–128, title V, § 512(s), July 22, 2014, 128 Stat. 1712; Pub. L. 117–103, div. W, title VI, § 605(a)(1), Mar. 15, 2022, 136 Stat. 886.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (c)(1), (d), and (e), was in the original ‘‘this Act’’, meaning Pub. L.