42 U.S.C. § 11303 — Funding availability and limitations

Page 8135 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11303 100–77, July 22, 1987, 101 Stat. 482, known as the McKin- ney-Vento Homeless Assistance 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 Workforce Innovation and Opportunity Act, re- ferred to in subsec. (c)(2), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified gen- erally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–103 amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘Notwithstanding any other provision of this section, the Secretary shall consider to be homeless any indi- vidual or family who is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening condi- tions in the individual’s or family’s current housing situation, including where the health and safety of children are jeopardized, and who have no other resi- dence and lack the resources or support networks to obtain other permanent housing.’’ 2014—Subsec. (c)(2). Pub. L. 113–128 substituted ‘‘a homeless individual shall be eligible for assistance under title I of the Workforce Innovation and Oppor- tunity Act’’ for ‘‘a homeless individual shall be eligible for assistance under title I of the Workforce Invest- ment Act of 1998’’. 2009—Pub. L. 111–22 added subsecs. (a), (b), and (e), re- designated former subsecs. (b) and (c) as (c) and (d), re- spectively, and struck out former subsec. (a) which de- fined ‘‘homeless’’ or ‘‘homeless individual or homeless person’’. 1998—Subsec. (b)(2). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(32)], struck out ‘‘the Job Training Partnership Act or’’ after ‘‘assistance under’’. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(41)], sub- stituted ‘‘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 home- less person’’ after ‘‘homeless individual’’ in introduc- tory provisions. Subsec. (b). Pub. L. 101–645 amended subsec. (b) gen- erally. 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 oth- erwise applicable to such program.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 effective on the first day of the first full program year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor. EFFECTIVE DATE OF 2009 AMENDMENT Pub. L. 111–22, div. B, title V, § 1503, May 20, 2009, 123 Stat. 1702, provided that: ‘‘Except as specifically pro- vided otherwise in this division [see Short Title of 2009 Amendment note set out under section 11301 of this title], this division and the amendments made by this division shall take effect on, and shall apply beginning on— ‘‘(1) the expiration of the 18-month period beginning on the date of the enactment of this division [May 20, 2009], or ‘‘(2) the expiration of the 3-month period beginning upon publication by the Secretary of Housing and Urban Development of final regulations pursuant to section 1504 [the first final regulations pursuant to section 1504 (42 U.S.C. 11301 note) were published on Dec. 5, 2011, see 76 F.R. 75994], whichever occurs first.’’ EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(41)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(32)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 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. REGULATIONS Pub. L. 111–22, div. B, § 1003(b), May 20, 2009, 123 Stat. 1666, provided that: ‘‘Not later than the expiration of the 6-month period beginning upon the date of the en- actment of this division [May 20, 2009], the Secretary of Housing and Urban Development shall issue regulations that provide sufficient guidance to recipients of funds under title IV of the McKinney-Vento Homeless Assist- ance Act [42 U.S.C. 11360 et seq.] to allow uniform and consistent implementation of the requirements of sec- tion 103 of such Act [42 U.S.C. 11302], as amended by subsection (a) of this section. This subsection shall take effect on the date of the enactment of this divi- sion.’’ CLARIFICATION OF EFFECT ON OTHER LAWS Pub. L. 111–22, div. B, § 1003(c), May 20, 2009, 123 Stat. 1666, provided that: ‘‘This section [amending this sec- tion and enacting provisions set out as a note under this section] and the amendments made by this section to section 103 of the McKinney-Vento Homeless Assist- ance Act (42 U.S.C. 11302) may not be construed to af- fect, alter, limit, annul, or supersede any other provi- sion of Federal law providing a definition of ‘homeless’, ‘homeless individual’, or ‘homeless person’ for purposes other than such Act [42 U.S.C. 11301 et seq.], except to the extent that such provision refers to such section 103 or the definition provided in such section 103.’’ § 11303. Funding availability and limitations (a) Calculation The amounts authorized in this chapter shall be in addition to any amount appropriated for the programs involved before July 22, 1987. (b) Availability until expended Any amount appropriated under an authoriza- tion in this chapter shall remain available until expended. (c) Limitation Appropriations pursuant to the authorizations in this chapter shall be made in accordance with the provisions of the Congressional Budget and Impoundment Control Act of 1974, which pro- hibits the consideration of any bill that would cause the deficit to exceed the levels established by the Balanced Budget and Emergency Deficit Control Act of 1985, such that it shall not in- crease the deficit of the Federal Government for fiscal year 1987. (Pub. L. 100–77, title I, § 104, July 22, 1987, 101 Stat. 485.) 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.