
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-110 Section 1034(a)]
[Document affected by Public Law 107-116 Section 634(a)]
[Document affected by Public Law 106-400 Section 1]
[Document affected by Public Law 106-400 Section 2]
[Document affected by Public Law 107-110 Section 1031]
[Document affected by Public Law 107-110 Section 1034(b)]
[Document affected by Public Law 107-116 Section 634(b)]
[CITE: 42USC11301]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 11301. Findings and purpose


(a) Findings

    The Congress finds that--
        (1) the Nation faces an immediate and unprecedented crisis due 
    to the lack of shelter for a growing number of individuals and 
    families, including elderly persons, handicapped persons, families 
    with children, Native Americans, and veterans;
        (2) the problem of homelessness has become more severe and, in 
    the absence of more effective efforts, is expected to become 
    dramatically worse, endangering the lives and safety of the 
    homeless;
        (3) the causes of homelessness are many and complex, and 
    homeless individuals have diverse needs;
        (4) there is no single, simple solution to the problem of 
    homelessness because of the different subpopulations of the 
    homeless, the different causes of and reasons for homelessness, and 
    the different needs of homeless individuals;
        (5) due to the record increase in homelessness, States, units of 
    local government, and private voluntary organizations have been 
    unable to meet the basic human needs of all the homeless and, in the 
    absence of greater Federal assistance, will be unable to protect the 
    lives and safety of all the homeless in need of assistance; and
        (6) the Federal Government has a clear responsibility 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 an Interagency Council on the Homeless;
        (2) to use public resources and programs in a more coordinated 
    manner to meet the critically urgent needs of the homeless of the 
    Nation; 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, Sec. 102, July 22, 1987, 101 Stat. 484.)

                       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 Stewart B. McKinney Homeless Assistance Act. For complete 
classification of this Act to the Code, see Short Title note set out 
below and Tables.


                      Short Title of 1994 Amendment

    Pub. L. 103-421, Sec. 1, Oct. 25, 1994, 108 Stat. 4346, provided 
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, Sec. 1, Oct. 27, 1993, 107 Stat. 1144, provided 
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, Sec. 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, 
respectively, 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 Homeless Housing Assistance Amendments Act 
of 1992'.''


                      Short Title of 1990 Amendment

    Pub. L. 101-645, Sec. 1(a), Nov. 29, 1990, 104 Stat. 4673, provided 
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, Census, and amending provisions set 
out as a note under section 290aa-3 of this title] may be cited as the 
`Stewart B. McKinney Homeless Assistance Amendments Act of 1990'.''
    Pub. L. 101-645, title VI, Sec. 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 sections 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 Assistance Amendments Act of 
1990'.''


                      Short Title of 1988 Amendment

    Pub. L. 100-628, Sec. 1(a), Nov. 7, 1988, 102 Stat. 3224, provided 
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'.''


                               Short Title

    Section 101(a) of Pub. L. 100-77 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 Title 40, Public Buildings, Property, and 
Works, repealing section 256a of this title, enacting 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 `Stewart B. McKinney Homeless Assistance Act'.''


                               Regulations

    Pub. L. 100-628, title IV, Sec. 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 section 11411 of this title]. The Secretary or other 
Federal entity involved shall issue regulations based on the notice not 
later than 12 months after the date of the enactment of this Act.''


          Innovative Homeless Initiatives Demonstration Program

    Pub. L. 103-120, Sec. 2, Oct. 27, 1993, 107 Stat. 1144, as amended 
by Pub. L. 104-330, title V, Sec. 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, foundations, 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 coordination of efforts and the 
filling of gaps in available services and resources, directed Secretary 
to provide comprehensive homeless demonstration grants and innovative 
project funding, and provided for submission of reports and 
authorization of appropriations, prior to repeal by Pub. L. 103-120, 
Sec. 2(g), Oct. 27, 1993, 107 Stat. 1148.


            Strategy To Eliminate Unfit Transient Facilities

    Pub. L. 101-625, title VIII, Sec. 825, Nov. 28, 1990, 104 Stat. 
4356, as amended by Pub. L. 102-550, title XIV, Sec. 1412, Oct. 28, 
1992, 106 Stat. 4039, directed Secretary of Housing 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 
facilities 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 Department of Health and Human Services, the 
Administrator of the Federal Emergency Management Agency, other 
appropriate Federal officials, appropriate States and units of general 
local government, major organizations representing homeless persons and 
other experts.


            Report on Effect of Rent Control on Homelessness

    Pub. L. 100-628, title IV, Sec. 483, Nov. 7, 1988, 102 Stat. 3238, 
directed Secretary of Housing and Urban Development, within 12 months 
after Nov. 7, 1988, to submit to Congress a report evaluating the impact 
of local housing rent controls and regulations on rate of homelessness, 
and on the development, supply, availability, and affordability of 
housing, in major cities in the United States, with report to include 
additional specified information.


        Requirement of Certain Study With Respect to Homelessness

    Section 603 of Pub. L. 100-77 directed Secretary of Health and Human 
Services, not later than 18 months after July 22, 1987, to complete 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 respect to administrative 
and legislative initiatives that could reduce the number of chronically 
mentally ill individuals who are homeless.
