42 U.S.C. § 11312 — Membership

Page 8136 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11304 Editorial Notes 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 McKinney-Vento Homeless As- sistance Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables. The Congressional Budget and Impoundment Control Act of 1974, referred to in subsec. (c), is Pub. L. 93–344, July 12, 1974, 88 Stat. 297. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2, The Congress, and Tables. The Balanced Budget and Emergency Deficit Control Act of 1985, referred to in subsec. (c), is title II of Pub. L. 99–177, Dec. 12, 1985, 99 Stat. 1038, which enacted chapter 20 (§ 900 et seq.) and sections 654 to 656 of Title 2, amended section 911 of this title, sections 602, 622, 631 to 642, and 651 to 653 of Title 2, and sections 1104 to 1106, and 1109 of Title 31, Money and Finance, repealed sec- tion 661 of Title 2, enacted provisions set out as notes under section 911 of this title and section 900 of Title 2, and amended provisions set out as a note under section 621 of Title 2. For complete classification of this Act to the Code, see Short Title note set out under section 900 of Title 2 and Tables. Statutory Notes and Related Subsidiaries BUDGET COMPLIANCE Pub. L. 100–628, title I, § 101, Nov. 7, 1988, 102 Stat. 3227, provided that: ‘‘(a) IN GENERAL.—This Act and the amendments made by this Act [see Short Title of 1988 Amendment note set out under section 11301 of this title] may not be construed to provide for new budget authority, budg- et outlays, or new entitlement authority, for fiscal year 1989 or 1990 in excess of the appropriate aggregate levels established by the concurrent resolution on the budget for such fiscal year for the programs authorized by this Act and the amendments made by this Act. ‘‘(b) DEFINITIONS.—For purposes of this section, the terms ‘budget authority’, ‘budget outlays’, ‘concurrent resolution on the budget’, and ‘entitlement authority’ have the meanings given such terms in section 3 of the Congressional Budget Act of 1974 (2 U.S.C. 622).’’ § 11304. Evaluation by Comptroller General The Comptroller General of the United States may evaluate the disbursement and use of the amounts made available by appropriation Acts under the authorizations in subchapters III and IV. (Pub. L. 100–77, title I, § 105, July 22, 1987, 101 Stat. 486; Pub. L. 100–628, title I, § 102(a), (b)(1), Nov. 7, 1988, 102 Stat. 3227; Pub. L. 104–316, title I, § 122(t), Oct. 19, 1996, 110 Stat. 3838.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–316 substituted ‘‘may’’ for ‘‘shall an- nually’’ and struck out ‘‘, and submit to the Congress an annual summary of the status of each program au- thorized under this chapter’’ before period at end. 1988—Pub. L. 100–628 substituted ‘‘Annual program summary’’ for ‘‘Audits’’ in section catchline and, in text, substituted ‘‘shall annually evaluate’’ for ‘‘shall evaluate’’ and ‘‘submit to the Congress an annual sum- mary of the status of each program authorized under this chapter’’ for ‘‘submit a report to the Congress set- ting forth the findings of such evaluation, upon the ex- piration of the 4-month and 12-month periods beginning on July 22, 1987’’. SUBCHAPTER II—UNITED STATES INTER- AGENCY COUNCIL ON HOMELESSNESS Editorial Notes CODIFICATION Pub. L. 108–199, div. G, title II, § 216(3), Jan. 23, 2004, 118 Stat. 394, substituted ‘‘UNITED STATES INTER- AGENCY COUNCIL ON HOMELESSNESS’’ for ‘‘INTERAGENCY COUNCIL ON THE HOMELESS’’ in subchapter heading. § 11311. Establishment There is established in the executive branch an independent establishment to be known as the United States Interagency Council on Home- lessness whose mission shall be to coordinate the Federal response to homelessness and to cre- ate a national partnership at every level of gov- ernment and with the private sector to reduce and end homelessness in the nation while maxi- mizing the effectiveness of the Federal Govern- ment in contributing to the end of homeless- ness. (Pub. L. 100–77, title II, § 201, July 22, 1987, 101 Stat. 486; Pub. L. 108–199, div. G, title II, § 216(4), Jan. 23, 2004, 118 Stat. 394; Pub. L. 111–22, div. B, § 1004(a)(1), May 20, 2009, 123 Stat. 1666.) Editorial Notes AMENDMENTS 2009—Pub. L. 111–22 inserted before period at end ‘‘whose mission shall be to coordinate the Federal re- sponse to homelessness and to create a national part- nership at every level of government and with the pri- vate sector to reduce and end homelessness in the na- tion while maximizing the effectiveness of the Federal Government in contributing to the end of homeless- ness’’. 2004—Pub. L. 108–199 substituted ‘‘United States Interagency Council on Homelessness’’ for ‘‘Inter- agency Council on the Homeless’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–22, div. B, § 1004(b), May 20, 2009, 123 Stat. 1668, provided that: ‘‘The amendments made by sub- section (a) [enacting section 11318 of this title, amend- ing this section and sections 11312, 11313, and 11315 of this title, and repealing former section 11318 of this title] shall take effect on, and shall apply beginning on, the date of the enactment of this division [May 20, 2009].’’ § 11312. Membership (a) Members The Council shall be composed of the following members: (1) The Secretary of Agriculture, or the des- ignee of the Secretary. (2) The Secretary of Commerce, or the des- ignee of the Secretary. (3) The Secretary of Defense, or the designee of the Secretary. (4) The Secretary of Education, or the des- ignee of the Secretary. (5) The Secretary of Energy, or the designee of the Secretary. (6) The Secretary of Health and Human Services, or the designee of the Secretary. Page 8137 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11312 1 So in original. No par. (21) has been enacted. (7) The Secretary of Housing and Urban De- velopment, or the designee of the Secretary. (8) The Secretary of the Interior, or the des- ignee of the Secretary. (9) The Secretary of Labor, or the designee of the Secretary. (10) The Secretary of Transportation, or the designee of the Secretary. (11) The Secretary of Veterans Affairs, or the designee of the Secretary. (12) The Chief Executive Officer of the Cor- poration for National and Community Service, or the designee of the Chief Executive Officer. (13) The Administrator of the Federal Emer- gency Management Agency, or the designee of the Administrator. (14) The Administrator of General Services, or the designee of the Administrator. (15) The Postmaster General of the United States, or the designee of the Postmaster Gen- eral. (16) The Commissioner of Social Security, or the designee of the Commissioner. (17) The Attorney General of the United States, or the designee of the Attorney Gen- eral. (18) The Director of the Office of Manage- ment and Budget, or the designee of the Direc- tor. (19) The Director of the Office of Faith-Based and Community Initiatives, or the designee of the Director. (20) The Director of USA FreedomCorps, or the designee of the Director. (22) 1 The heads of such other Federal agen- cies as the Council considers appropriate, or their designees. (b) Chairperson The Council shall elect a Chairperson and a Vice Chairperson from among its members. The positions of Chairperson and Vice Chairperson shall rotate among its members on an annual basis. (c) Meetings The Council shall meet at the call of its Chair- person or a majority of its members, but not less often than four times each year, and the rota- tion of the positions of Chairperson and Vice Chairperson required under subsection (b) shall occur at the first meeting of each year. (d) Prohibition of additional pay Members of the Council shall receive no addi- tional pay, allowances, or benefits by reason of their service on the Council. (e) Administration The Executive Director of the Council shall re- port to the Chairman of the Council. (Pub. L. 100–77, title II, § 202, July 22, 1987, 101 Stat. 486; Pub. L. 101–645, title I, § 101, Nov. 29, 1990, 104 Stat. 4674; Pub. L. 103–82, title IV, § 405(m), Sept. 21, 1993, 107 Stat. 922; Pub. L. 106–377, § 1(a)(1) [title II, § 231(1)], Oct. 27, 2000, 114 Stat. 1441, 1441A–31; Pub. L. 107–95, § 11, Dec. 21, 2001, 115 Stat. 920; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410; Pub. L. 111–22, div. B, § 1004(a)(2), May 20, 2009, 123 Stat. 1666.) Editorial Notes AMENDMENTS 2009—Subsec. (a)(16) to (20), (22). Pub. L. 111–22, § 1004(a)(2)(A), added pars. (16) to (20) and redesignated former par. (16) as (22). Subsec. (c). Pub. L. 111–22, § 1004(a)(2)(B), substituted ‘‘four times each year, and the rotation of the positions of Chairperson and Vice Chairperson required under subsection (b) shall occur at the first meeting of each year’’ for ‘‘annually’’. Subsec. (e). Pub. L. 111–22, § 1004(a)(2)(C), added sub- sec. (e). 2001—Subsec. (c). Pub. L. 107–95 amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: ‘‘The Council shall meet at the call of its Chairperson or a majority of its members. The first meeting of the Council shall be held not later than 30 days after July 22, 1987.’’ 2000—Subsec. (b). Pub. L. 106–377 inserted at end ‘‘The positions of Chairperson and Vice Chairperson shall ro- tate among its members on an annual basis.’’ 1993—Subsec. (a)(12). Pub. L. 103–82 added par. (12) and struck out former par. (12) which read as follows: ‘‘The Director of the ACTION Agency, or the designee of the Director.’’ 1990—Subsec. (a)(11) to (15). Pub. L. 101–645 added par. (11), redesignated former pars. (11) to (14) as (12) to (15), respectively, and struck out former par. (15) which read as follows: ‘‘The Administrator of Veterans’ Affairs, or the designee of the Administrator.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ and ‘‘Administrator’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ and ‘‘Director’’, respectively, in subsec. (a)(13) on authority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Secu- rity. Any reference to the Administrator of the Federal Emergency Management Agency in title VI of Pub. L. 109–295 or an amendment by title VI to be considered to refer and apply to the Director of the Federal Emer- gency Management Agency until Mar. 31, 2007, see sec- tion 612(f)(2) of Pub. L. 109–295, set out as a note under section 313 of Title 6. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–22 effective on, and appli- cable beginning on, May 20, 2009, see section 1004(b) of Pub. L. 111–22, set out as a note under section 11311 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–82 effective Apr. 4, 1994, see section 406(b) of Pub. L. 103–82, set out as a note under section 8332 of Title 5, Government Organization and Employees. TRANSFER OF FUNCTIONS For transfer of all functions, personnel, assets, com- ponents, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emer- gency Management relating thereto, to the Federal Emergency Management Agency, see section 315(a)(1) of Title 6, Domestic Security. For transfer of functions, personnel, assets, and li- abilities of the Federal Emergency Management Agen- cy, including the functions of the Director of the Fed- eral Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treat- ment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Page 8138 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11313 1 So in original. Two pars. (9) have been enacted. § 11313. Functions (a) Duties The Council shall— (1) not later than 12 months after May 20, 2009, develop, make available for public com- ment, and submit to the President and to Con- gress a National Strategic Plan to End Home- lessness, and shall update such plan annually; (2) review all Federal activities and pro- grams to assist homeless individuals; (3) take such actions as may be necessary to reduce duplication among programs and ac- tivities by Federal agencies to assist homeless individuals; (4) monitor, evaluate, and recommend im- provements in programs and activities to as- sist homeless individuals conducted by Fed- eral agencies, State and local governments, and private voluntary organizations; (5) provide professional and technical assist- ance (by not less than 5, but in no case more than 10, regional coordinators employed by the Council, each having responsibility for interaction and coordination of the activities of the Council within the 10 standard Federal regions) to States, local governments, and other public and private nonprofit organiza- tions, in order to enable such governments and organizations to— (A) interpret regulations and assist in the application process for Federal assistance, including grants; (B) provide assistance on the ways in which Federal programs, other than those authorized under this chapter, may best be coordinated to complement the objectives of this chapter; (C) develop recommendations and program ideas based on regional specific issues in serving the homeless population; and (D) establish a schedule for biennial re- gional workshops to be held by the Council in each of the 10 standard Federal regions to further carry out and provide the assistance described in subparagraphs (A), (B), and (C) and other appropriate assistance as nec- essary, of which— (i) not less than 5 such workshops shall be held by September 30, 1989; and (ii) at least 1 such workshop shall be held in each of the 10 Federal regions every 2 years, beginning on September 30, 1988; (6) encourage the creation of State Inter- agency Councils on Homelessness and the for- mulation of jurisdictional 10-year plans to end homelessness at State, city, and county levels; (7) annually obtain from Federal agencies their identification of consumer-oriented enti- tlement and other resources for which persons experiencing homelessness may be eligible and the agencies’ identification of improvements to ensure access; develop mechanisms to en- sure access by persons experiencing homeless- ness to all Federal, State, and local programs for which the persons are eligible, and to verify collaboration among entities within a community that receive Federal funding under programs targeted for persons experiencing homelessness, and other programs for which persons experiencing homelessness are eligi- ble, including mainstream programs identified by the Government Accountability Office in the reports entitled ‘‘Homelessness: Coordina- tion and Evaluation of Programs Are Essen- tial’’, issued February 26, 1999, and ‘‘Homeless- ness: Barriers to Using Mainstream Pro- grams’’, issued July 6, 2000; (8) conduct research and evaluation related to its functions as defined in this section; (9) 1 develop joint Federal agency and other initiatives to fulfill the goals of the agency; (9) 1 collect and disseminate information re- lating to homeless individuals; (10) prepare the annual reports required in subsection (c)(2); (11) prepare and distribute to States (includ- ing State contact persons), local governments, and other public and private nonprofit organi- zations, a bimonthly bulletin that describes the Federal resources available to them to as- sist the homeless, including current informa- tion regarding application deadlines and ap- propriate persons to contact in each Federal agency providing the resources; (12) develop constructive alternatives to criminalizing homelessness and laws and poli- cies that prohibit sleeping, feeding, sitting, resting, or lying in public spaces when there are no suitable alternatives, result in the de- struction of a homeless person’s property without due process, or are selectively en- forced against homeless persons; and (13) not later than the expiration of the 6- month period beginning upon completion of the study requested in a letter to the Acting Comptroller General from the Chair and Rank- ing Member of the House Financial Services Committee and several other members regard- ing various definitions of homelessness in Fed- eral statutes, convene a meeting of represent- atives of all Federal agencies and committees of the House of Representatives and the Sen- ate having jurisdiction over any Federal pro- gram to assist homeless individuals or fami- lies, local and State governments, academic researchers who specialize in homelessness, nonprofit housing and service providers that receive funding under any Federal program to assist homeless individuals or families, organi- zations advocating on behalf of such nonprofit providers and homeless persons receiving housing or services under any such Federal program, and homeless persons receiving hous- ing or services under any such Federal pro- gram, at which meeting such representatives shall discuss all issues relevant to whether the definitions of ‘‘homeless’’ under paragraphs (1) through (4) of section 11302(a) of this title, as amended by section 1003 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, should be modified by the Congress, including whether there is a compelling need for a uniform definition of homelessness under Federal law, the extent to which the differences in such definitions cre- ate barriers for individuals to accessing serv- ices and to collaboration between agencies, and the relative availability, and barriers to access by persons defined as homeless, of