42 U.S.C. § 11331 — Emergency Food and Shelter Program

Page 8142 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11319 1 So in original. Probably should be followed by a period. 1 See References in Text note below. § 11319. Termination The Council shall cease to exist, and the re- quirements of this subchapter shall terminate, on October 1, 2028 1 (Pub. L. 100–77, title II, § 209, July 22, 1987, 101 Stat. 489; Pub. L. 100–628, title II, § 205, Nov. 7, 1988, 102 Stat. 3228; Pub. L. 101–402, § 2, Oct. 1, 1990, 104 Stat. 866; Pub. L. 101–645, title I, § 103, Nov. 29, 1990, 104 Stat. 4675; Pub. L. 102–550, title XIV, § 1422, Oct. 28, 1992, 106 Stat. 4043; Pub. L. 106–377, § 1(a)(1) [title II, § 231(2)], Oct. 27, 2000, 114 Stat. 1441, 1441A–31; Pub. L. 109–115, div. A, title VI, Nov. 30, 2005, 119 Stat. 2490; Pub. L. 110–161, div. K, title III, Dec. 26, 2007, 121 Stat. 2443; Pub. L. 111–8, div. I, title III, Mar. 11, 2009, 123 Stat. 985; Pub. L. 112–10, div. B, title XII, § 2255, Apr. 15, 2011, 125 Stat. 197; Pub. L. 112–55, div. C, title III, Nov. 18, 2011, 125 Stat. 707; Pub. L. 113–76, div. L, title III, Jan. 17, 2014, 128 Stat. 640; Pub. L. 113–235, div. K, title III, Dec. 16, 2014, 128 Stat. 2763; Pub. L. 115–31, div. K, title III, May 5, 2017, 131 Stat. 792; Pub. L. 115–141, div. L, title III, Mar. 23, 2018, 132 Stat. 1041; Pub. L. 116–6, div. G, title III, Feb. 15, 2019, 133 Stat. 469.) Editorial Notes AMENDMENTS 2019—Pub. L. 116–6 amended Pub. L. 115–141. See 2018 Amendment note below. 2018—Pub. L. 115–141, as amended by Pub. L. 116–6, substituted ‘‘October 1, 2028’’ for ‘‘October 1, 2018’’. 2017—Pub. L. 115–31 substituted ‘‘October 1, 2018’’ for ‘‘October 1, 2017’’. 2014—Pub. L. 113–235 substituted ‘‘October 1, 2017’’ for ‘‘October 1, 2016’’. Pub. L. 113–76 substituted ‘‘October 1, 2016’’ for ‘‘Octo- ber 1, 2015’’. 2011—Pub. L. 112–55 substituted ‘‘October 1, 2015’’ for ‘‘October 1, 2013.’’ Pub. L. 112–10 substituted ‘‘October 1, 2013.’’ for ‘‘Oc- tober 1, 2010.’’ 2009—Pub. L. 111–8 substituted ‘‘2010’’ for ‘‘2008’’. 2007—Pub. L. 110–161, which directed the amendment of this section by striking ‘‘2007’’ and inserting ‘‘2008’’, was executed by substituting ‘‘2008’’ for ‘‘2006’’ to re- flect the probable intent of Congress. 2005—Pub. L. 109–115 substituted ‘‘2006’’ for ‘‘2005’’. 2000—Pub. L. 106–377 substituted ‘‘2005’’ for ‘‘1994’’. 1992—Pub. L. 102–550 substituted ‘‘October 1, 1994’’ for ‘‘October 1, 1992’’. 1990—Pub. L. 101–645 substituted ‘‘October 1, 1992’’ for ‘‘October 31, 1990’’. Pub. L. 101–402 substituted ‘‘October 31, 1990’’ for ‘‘Oc- tober 1, 1990’’. 1988—Pub. L. 100–628 substituted ‘‘on October 1, 1990’’ for ‘‘upon the expiration of the 3-year period beginning on July 22, 1987’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–402 deemed to have taken effect as if enacted Sept. 29, 1990, see section 1(a) of Pub. L. 101–494, set out as an Effective Date of Tem- porary Extension of Emergency Low Income Housing Preservation Act of 1987 and Correction of Any Repeal note under section 1715l of Title 12, Banks and Banking. TEMPORARY EXTENSION OF PROVISIONS Pub. L. 109–289, div. B, title II, § 21042, as added by Pub. L. 110–5, § 2, Feb. 15, 2007, 121 Stat. 53, provided that: ‘‘The provisions of title II of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11311 et seq.) shall continue in effect, notwithstanding section 209 of such Act [this section], through the earlier of: (1) the date specified in section 106 of this division [Sept. 30, 2007]; or (2) the date of the enactment into law of an author- ization Act relating to the McKinney-Vento Homeless Assistance Act.’’ TEMPORARY EXTENSION OF COUNCIL Pub. L. 101–494, § 3, Oct. 31, 1990, 104 Stat. 1185, as amended by Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, provided that: ‘‘(a) EXTENSION.—If upon enactment of this Act [Oct. 31, 1990], section 209 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11319) provides for the termi- nation of the Interagency Council on the Homeless on October 31, 1990, then notwithstanding such section, the Interagency Council on the Homeless shall cease to exist, and the requirements of title II of the McKinney- Vento Homeless Assistance Act [42 U.S.C. 11311 et seq.] shall terminate, on November 30, 1990. ‘‘(b) LIMITATIONS.—If upon enactment of this Act [Oct. 31, 1990] such section 209 provides for termination of the Council (referred to in subsection (a)) on a date other than October 31, 1990, this section shall not apply. This section shall not apply with respect to any amend- ment to section 209 of the McKinney-Vento Homeless Assistance Act made after the date of the enactment of this Act.’’ § 11320. Encouragement of State involvement (a) State contact persons Each State shall designate an individual to serve as a State contact person for the purpose of receiving and disseminating information and communications received from the Council, in- cluding the bimonthly bulletin described in sec- tion 11313(a)(7) 1 of this title. (b) State interagency councils and lead agencies Each State is encouraged to establish a State interagency council on the homeless or des- ignate a lead agency for the State for the pur- pose of assuming primary responsibility for co- ordinating and interacting with the Council and State and local agencies as necessary. (Pub. L. 100–77, title II, § 210, as added Pub. L. 100–628, title II, § 206(a), Nov. 7, 1988, 102 Stat. 3229.) Editorial Notes REFERENCES IN TEXT Par. (7) of section 11313(a) of this title, referred to in subsec. (a), was redesignated par. (11) of section 11313(a) by Pub. L. 111–22, div. B, § 1004(a)(3)(A), May 20, 2009, 123 Stat. 1667. SUBCHAPTER III—FEDERAL EMERGENCY MANAGEMENT FOOD AND SHELTER PRO- GRAM PART A—ADMINISTRATIVE PROVISIONS § 11331. Emergency Food and Shelter Program National Board (a) Establishment There is established to carry out the provi- sions of this subchapter the Emergency Food and Shelter Program National Board. The Ad- Page 8143 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11332 1 So in original. A closing parenthesis probably should precede the punctuation. ministrator of the Federal Emergency Manage- ment Agency shall constitute the National Board in accordance with subsection (b) in ad- ministering the program under this subchapter. (b) Members The National Board shall consist of the Direc- tor and 6 members appointed by the Director. The initial members of the National Board shall be appointed by the Director not later than 30 days after July 22, 1987. Each such member shall be appointed from among individuals nominated by 1 of the following organizations: (1) The United Way of America. (2) The Salvation Army. (3) The National Council of Churches of Christ in the U.S.A. (4) Catholic Charities U.S.A. (5) The Council of Jewish Federations, Inc. (6) The American Red Cross. (c) Chairperson The Director shall be the Chairperson of the National Board. (d) Other activities Except as otherwise specifically provided in this subchapter, the National Board shall estab- lish its own procedures and policies for the con- duct of its affairs. (e) Transfers from previous national board Upon the appointment of members to the Na- tional Board under subsection (b)— (1) the national board constituted under the emergency food and shelter program estab- lished pursuant to section 101(g) of Public Law 99–500 or Public Law 99–591 shall cease to exist; and (2) the personnel, property, records, and un- distributed program funds of such national board shall be transferred to the National Board. (Pub. L. 100–77, title III, § 301, July 22, 1987, 101 Stat. 489; Pub. L. 109–295, title VI, § 612(c), Oct. 4, 2006, 120 Stat. 1410.) Editorial Notes REFERENCES IN TEXT The emergency food and shelter program established pursuant to section 101(g) of Public Law 99–500 or Pub- lic Law 99–591, referred to in subsec. (e)(1), means the emergency food and shelter program authorized by title II of H.R. 5313 [Department of Housing and Urban De- velopment—Independent Agencies Appropriations Act, 1987], as incorporated by reference by section 101(g) of Pub. L. 99–500, Oct. 18, 1986, 100 Stat. 1783–242, and Pub. L. 99–591, Oct. 30, 1986, 100 Stat. 3341–242, which is not classified to the Code. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Administrator of the Federal Emergency Manage- ment Agency’’ substituted for ‘‘Director of the Federal Emergency Management Agency’’ in subsec. (a) on au- thority of section 612(c) of Pub. L. 109–295, set out as a note under section 313 of Title 6, Domestic Security. 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. 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. § 11332. Local boards (a) Establishment Each locality designated by the National Board shall constitute a local board for the pur- pose of determining how program funds allotted to the locality will be distributed. The local board shall consist, to the extent practicable, of representatives of the same organizations as the National Board, except that the mayor or other appropriate heads of government will replace the Federal members, and except that each local board administering program funds for a local- ity within which is located a reservation (as such term is defined in section 1452(d) of title 25,1 or a portion thereof, shall include a board member who is a member of an Indian tribe (as such term is defined in section 5302(a)(17) of this title.1 The chairperson of the local board shall be elected by a majority of the members of the local board. Local boards are encouraged to ex- pand participation of other private nonprofit or- ganizations on the local board. (b) Responsibilities Each local board shall— (1) determine which private nonprofit orga- nizations or public organizations of the local government in the individual locality shall re- ceive grants to act as service providers; (2) monitor recipient service providers for program compliance; (3) reallocate funds among service providers; (4) ensure proper reporting; and (5) coordinate with other Federal, State, and local government assistance programs avail- able in the locality. (Pub. L. 100–77, title III, § 302, July 22, 1987, 101 Stat. 490; Pub. L. 101–645, title II, § 202(a), Nov. 29, 1990, 104 Stat. 4675.) Editorial Notes AMENDMENTS 1990—Subsec. (a). Pub. L. 101–645 inserted before pe- riod at end of second sentence ‘‘, and except that each local board administering program funds for a locality within which is located a reservation (as such term is defined in section 1452(d) of title 25, or a portion there-