
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11302]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 11302. General definition of homeless individual


(a) In general

    For purposes of this chapter, the term ``homeless'' or ``homeless 
individual or homeless person'' \1\ includes--
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    \1\ So in original. Probably should be `` `homeless individual' or 
`homeless person' ''.
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        (1) an individual who lacks a fixed, regular, and adequate 
    nighttime residence; and
        (2) an individual who has a primary nighttime residence that 
    is--
            (A) a supervised publicly or privately operated shelter 
        designed to provide temporary living accommodations (including 
        welfare hotels, congregate shelters, and transitional housing 
        for the mentally ill);
            (B) an institution that provides a temporary residence for 
        individuals intended to be institutionalized; or
            (C) a public or private place not designed for, or 
        ordinarily used as, a regular sleeping accommodation for human 
        beings.

(b) 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 the Job Training Partnership Act [29 
    U.S.C. 1501 et seq.] or title I of the Workforce Investment Act of 
    1998 [29 U.S.C. 2801 et seq.].

(c) Exclusion

    For purposes of this chapter, the term ``homeless'' or ``homeless 
individual'' does not include any individual imprisoned or otherwise 
detained pursuant to an Act of the Congress or a State law.

(Pub. L. 100-77, title I, Sec. 103, July 22, 1987, 101 Stat. 485; Pub. 
L. 101-625, title VIII, Sec. 822, Nov. 28, 1990, 104 Stat. 4355; Pub. L. 
101-645, title VI, Sec. 602, Nov. 29, 1990, 104 Stat. 4734; Pub. L. 105-
277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(41), (f)(32)], Oct. 
21, 1998, 112 Stat. 2681-337, 2681-427, 2681-434.)

                     Amendment of Subsection (b)(2)

        Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, 
    Sec. 405(f)(32), (g)(2)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 
    2681-434, 2681-435, provided that, effective July 1, 2000, 
    subsection (b)(2) of this section is amended by striking ``the Job 
    Training Partnership Act or''.

                       References in Text

    This chapter, referred to in text, 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 under section 
11301 of this title and Tables.
    The Job Training Partnership Act, referred to in subsec. (b)(2), is 
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, which is classified 
generally to chapter 19 (Sec. 1501 et seq.) of Title 29, Labor. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 1501 of Title 29 and Tables.
    The Workforce Investment Act of 1998, referred to in subsec. (b)(2), 
is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of 
the Act is classified principally to chapter 30 (Sec. 2801 et seq.) of 
Title 29, Labor. For complete classification of this Act to the Code, 
see Short Title note set out under section 9201 of Title 20, Education, 
and Tables.


                               Amendments

    1998--Subsec. (b)(2). Pub. L. 105-277, Sec. 101(f) [title VIII, 
Sec. 405(d)(41)], substituted ``the Job Training Partnership Act or 
title I of the Workforce Investment Act of 1998'' for ``the Job Training 
Partnership Act''.
    1990--Subsec. (a). Pub. L. 101-625 inserted ``or homeless person'' 
after ``homeless individual'' in introductory provisions.
    Subsec. (b). Pub. L. 101-645 amended subsec. (b) generally. Prior to 
amendment, subsec. (b) read as follows: ``A homeless individual shall be 
eligible for assistance under any program provided by this chapter, or 
by the amendments made by this Act, only if the individual complies with 
the income eligibility requirements otherwise applicable to such 
program.''


                    Effective Date of 1998 Amendment

    Amendment by section 101(f) [title VIII, Sec. 405(d)(41)] of Pub. L. 
105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title 
VIII, Sec. 405(f)(32)] of Pub. L. 105-277 effective July 1, 2000, see 
section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 105-277, 
set out as a note under section 3502 of Title 5, Government Organization 
and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 1486, 11362, 11403c, 12899f 
of this title; title 12 sections 1441a, 1821; title 26 section 42; title 
29 sections 1503, 1703a, 2801; title 38 section 3771.
