42 U.S.C. § 11313 — Functions

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 Page 8139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11313 2 So in original. Probably should be followed by ‘‘and’’. mainstream programs identified by the Gov- ernment Accountability Office in the two re- ports identified in paragraph (7) of this sub- section; and shall submit transcripts of such meeting, and any majority and dissenting rec- ommendations from such meetings, to each committee of the House of Representatives and the Senate having jurisdiction over any Federal program to assist homeless individ- uals or families not later than the expiration of the 60-day period beginning upon conclusion of such meeting. (b) Authority In carrying out subsection (a), the Council may— (1) arrange national, regional, State, and local conferences for the purpose of developing and coordinating effective programs and ac- tivities to assist homeless individuals and pay for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made; 2 (2) publish a newsletter concerning Federal, State, and local programs that are effectively meeting the needs of homeless individuals. (c) Reports (1) Within 90 days after July 22, 1987, and annu- ally thereafter, the head of each Federal agency that is a member of the Council shall prepare and transmit to the Congress and the Council a report that describes— (A) each program to assist homeless individ- uals administered by such agency and the number of homeless individuals served by such program; (B) impediments, including any statutory and regulatory restrictions, to the use by homeless individuals of each such program and to obtaining services or benefits under each such program; and (C) efforts made by such agency to increase the opportunities for homeless individuals to obtain shelter, food, and supportive services. (2) The Council shall prepare and transmit to the President and the Congress an annual report that— (A) assesses the nature and extent of the problems relating to homelessness and the needs of homeless individuals; (B) provides a comprehensive and detailed description of the activities and accomplish- ments of the Federal Government in resolving the problems and meeting the needs assessed pursuant to subparagraph (A); (C) describes the accomplishments and ac- tivities of the Council, in working with Fed- eral, State, and local agencies and public and private organizations in order to provide as- sistance to homeless individuals; (D) assesses the level of Federal assistance necessary to adequately resolve the problems and meet the needs assessed pursuant to sub- paragraph (A); and (E) specifies any recommendations of the Council for appropriate and necessary legisla- tive and administrative actions to resolve such problems and meet such needs. (d) Notification of other Federal agencies If, in monitoring and evaluating programs and activities to assist homeless individuals con- ducted by other Federal agencies, the Council determines that any significant problem, abuse, or deficiency exists in the administration of the program or activity of any Federal agency, the Council shall submit a notice of the determina- tion of the Council to the Inspector General of the Federal agency (or the head of the Federal agency, in the case of a Federal agency that has no Inspector General). (e) Program timetables Not later than 90 days after November 7, 1988, the head of each Federal agency that is a mem- ber of the Council and responsible for admin- istering a program under this chapter shall pro- vide to the Council a timetable regarding pro- gram funding availability and application dead- lines. The Council shall furnish such informa- tion to each State (including the State contact person). (Pub. L. 100–77, title II, § 203, July 22, 1987, 101 Stat. 487; Pub. L. 100–628, title II, §§ 201–203, Nov. 7, 1988, 102 Stat. 3227, 3228; Pub. L. 111–22, div. B, § 1004(a)(3), (4), May 20, 2009, 123 Stat. 1666, 1668.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a)(5)(B) and (e), 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. For complete classi- fication of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables. Section 1003 of the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009, referred to in subsec. (a)(13), is section 1003 of Pub. L. 111–22. AMENDMENTS 2009—Subsec. (a)(1) to (4). Pub. L. 111–22, § 1004(a)(3)(A), (B), added par. (1) and redesignated former pars. (1) to (3) as (2) to (4), respectively. Former par. (4) redesignated (5). Subsec. (a)(5). Pub. L. 111–22, § 1004(a)(3)(A), (C), redes- ignated par. (4) as (5) and substituted ‘‘not less than 5, but in no case more than 10’’ for ‘‘at least 2, but in no case more than 5’’. Former par. (5) redesignated (9). Subsec. (a)(6) to (13). Pub. L. 111–22, § 1004(a)(3)(A), (D)–(G), added pars. (6) to (8), par. (9) relating to joint Federal agency and other initiatives to fulfill the goals of the agency, and pars. (12) and (13), redesignated former par. (5) as par. (9) relating to collection and dis- semination of information, and redesignated former pars. (6) and (7) as (10) and (11), respectively. Subsec. (b)(1). Pub. L. 111–22, § 1004(a)(4), substituted ‘‘national’’ for ‘‘Federal’’ and ‘‘and pay for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made;’’ for ‘‘; and’’. 1988—Subsec. (a)(4). Pub. L. 100–628, § 202(1), sub- stituted ‘‘(by at least 2, but in no case more than 5, re- gional coordinators employed by the Council, each hav- ing responsibility for interaction and coordination of the activities of the Council within the 10 standard Federal regions)’’ for ‘‘, through personnel employed by the Council in each of the 10 standard Federal regions,’’ in introductory provisions. Subsec. (a)(4)(A) to (D). Pub. L. 100–628, § 202(2), added subpars. (A) to (D) and struck out former subpars. (A) and (B) which read as follows: ‘‘(A) effectively coordinate and maximize resources of existing programs and activities to assist homeless in- dividuals; and Page 8140 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11314 ‘‘(B) develop new and innovative programs and activi- ties to assist homeless individuals;’’. Subsec. (a)(7). Pub. L. 100–628, § 201, added par. (7). Subsec. (e). Pub. L. 100–628, § 203, added subsec. (e). Statutory Notes and Related Subsidiaries 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. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c)(2) of this section relating to transmittal to Congress of annual report, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and the 5th item on page 175 of House Document No. 103–7. ANNUAL SUPPLEMENTAL REPORT ON VETERANS HOMELESSNESS Pub. L. 114–201, title IV, § 404, July 29, 2016, 130 Stat. 809, provided that: ‘‘(a) IN GENERAL.—The Secretary of Housing and Urban Development and the Secretary of Veterans Af- fairs, in coordination with the United States Inter- agency Council on Homelessness, shall submit annually to the Committees of the Congress specified in sub- section (b), together with the annual reports required by such Secretaries under section 203(c)(1) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11313(c)(1)), a supplemental report that includes the fol- lowing information with respect to the preceding year: ‘‘(1) The same information, for such preceding year, that was included with respect to 2010 in the report by the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs entitled ‘Vet- erans Homelessness: A Supplemental Report to the 2010 Annual Homeless Assessment Report to Con- gress’. ‘‘(2) Information regarding the activities of the De- partment of Housing and Urban Development relating to veterans during such preceding year, as follows: ‘‘(A) The number of veterans provided assistance under the housing choice voucher program for Vet- erans Affairs supported housing under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)), the socioeconomic characteris- tics of such homeless veterans, and the number, types, and locations of entities contracted under such section to administer the vouchers. ‘‘(B) A summary description of the special consid- erations made for veterans under public housing agency plans submitted pursuant to section 5A of the United States Housing Act of 1937 (42 U.S.C. 1437c–1) and under comprehensive housing afford- ability strategies submitted pursuant to section 105 of the Cranston-Gonzalez National Affordable Hous- ing Act (42 U.S.C. 12705). ‘‘(C) A description of the activities of the Special Assistant for Veterans Affairs of the Department of Housing and Urban Development. ‘‘(D) A description of the efforts of the Depart- ment of Housing and Urban Development and the other members of the United States Interagency Council on Homelessness to coordinate the delivery of housing and services to veterans. ‘‘(E) The cost to the Department of Housing and Urban Development of administering the programs and activities relating to veterans. ‘‘(F) Any other information that the Secretary of Housing and Urban Development and the Secretary of Veterans Affairs consider relevant in assessing the programs and activities of the Department of Housing and Urban Development relating to vet- erans. ‘‘(b) COMMITTEES.—The Committees of the Congress specified in this subsection are as follows: ‘‘(1) The Committee on Banking, Housing, and Urban Affairs of the Senate. ‘‘(2) The Committee on Veterans’ Affairs of the Sen- ate. ‘‘(3) The Committee on Appropriations of the Sen- ate. ‘‘(4) The Committee on Financial Services of the House of Representatives. ‘‘(5) The Committee on Veterans’ Affairs of the House of Representatives. ‘‘(6) The Committee on Appropriations of the House of Representatives.’’ PERSONNEL FROM FEDERAL DEPARTMENTS AND AGENCIES Pub. L. 102–389, title III, Oct. 6, 1992, 106 Stat. 1608, provided in part: ‘‘That the Council shall carry out its duties in the 10 standard Federal regions under section 203(a)(4) of such Act [now 42 U.S.C. 11313(a)(5)] only through detail, on a non-reimbursable basis, of employ- ees of the departments and agencies represented on the Council pursuant to section 202(a) of such Act [42 U.S.C. 11312(a)].’’ Similar provisions were contained in the following prior appropriations acts: Pub. L. 102–139, title III, Oct. 28, 1991, 105 Stat. 769. Pub. L. 101–507, title III, Nov. 5, 1990, 104 Stat. 1377. Pub. L. 101–144, title III, Nov. 9, 1989, 103 Stat. 861. Pub. L. 100–404, title I, Aug. 19, 1988, 102 Stat. 1017. NONIMPLEMENTATION OF SUBSECTION (a)(5) Pub. L. 100–202, § 101(f) [title I], Dec. 22, 1987, 101 Stat. 1329–187, 1329–191, provided: ‘‘That the provision in sec- tion 203(a)(4) [now 203(a)(5)] of such Act [Pub. L. 100–77, 42 U.S.C. 11313(a)(5)] that relates to employment of per- sonnel in the regions shall not be implemented.’’ Executive Documents EXECUTIVE ORDER NO. 12848 Ex. Ord. No. 12848, May 19, 1993, 58 F.R. 29517, required Federal member agencies acting through the Inter- agency Council on the Homeless to develop a single co- ordinated Federal plan for breaking the cycle of exist- ing homelessness and for preventing future homeless- ness and to submit the plan to the President no later than 9 months after May 19, 1993. § 11314. Director and staff (a) Director The Council shall appoint an Executive Direc- tor, who shall be compensated at a rate not to exceed the rate of basic pay payable for level V of the Executive Schedule under section 5316 of title 5. The Council shall appoint an Executive Director at the first meeting of the Council held under section 11312(c) of this title. (b) Additional personnel With the approval of the Council, the Execu- tive Director of the Council may appoint and fix the compensation of such additional personnel as the Executive Director considers necessary to carry out the duties of the Council. (c) Details from other agencies Upon request of the Council, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Council to assist the Council in carrying out its duties under this subchapter. Upon request of the Council, the Secretary of Health and Human Services shall detail, on a reimbursable basis, any of the personnel of the Department of Health and Human Services who have served the