42 U.S.C. § 11361a — Preventing involuntary family separa-

Page 8152 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11361a section 12705 of this title (referred to in such section as a ‘‘comprehensive housing afford- ability strategy’’), or (2) a comprehensive homeless assistance plan which was approved by the Secretary dur- ing the 180-day period beginning on November 28, 1990, or during such longer period as may be prescribed by the Secretary in any case for good cause. (Pub. L. 100–77, title IV, § 403, formerly § 401, July 22, 1987, 101 Stat. 494; Pub. L. 100–628, title IV, §§ 401–404, Nov. 7, 1988, 102 Stat. 3230, 3231; Pub. L. 101–625, title VIII, §§ 831, 832(e)(3), 836(a), Nov. 28, 1990, 104 Stat. 4357, 4360, 4366; renumbered § 403 and amended Pub. L. 111–22, div. B, title I, § 1101(2), title V, § 1502(a), May 20, 2009, 123 Stat. 1669, 1701.) Editorial Notes AMENDMENTS 2009—Par. (1). Pub. L. 111–22, § 1502(a), substituted ‘‘consolidated plan’’ for ‘‘current housing affordability strategy’’ and inserted before the comma ‘‘(referred to in such section as a ‘comprehensive housing afford- ability strategy’)’’. 1990—Pub. L. 101–625, § 836(a), amended section gen- erally, substituting present provisions for provisions requiring the annual submission of a comprehensive homeless assistance plan with requirements for con- tents of the plan, review of the plan, performance re- views under the plan, publication by notice, applica- tions for assistance, coordination with State agencies, and consultation with other private and public groups and entities regarding the plan. Subsec. (a). Pub. L. 101–625, § 831(b)(1), inserted at end ‘‘Assistance authorized by this subchapter may be pro- vided to any Indian tribe that is eligible to receive a grant under the emergency shelter grants program in any fiscal year, but only if the tribe submits biennially to the Secretary of Housing and Urban Development a comprehensive homeless assistance plan under this sec- tion.’’ Subsec. (a)(1). Pub. L. 101–625, § 831(c)(2)(A), sub- stituted ‘‘biennially’’ for ‘‘annually’’. Subsec. (b)(2). Pub. L. 101–625, § 831(c)(2)(B), sub- stituted ‘‘, services, and programs’’ for ‘‘and services’’. Subsec. (b)(3). Pub. L. 101–625, § 831(c)(2)(C), sub- stituted ‘‘, services, and programs’’ for ‘‘and services’’ in cl. (A), struck out ‘‘and’’ before ‘‘(B)’’, and added cls. (C) to (F). Subsec. (b)(5). Pub. L. 101–625, § 831(b)(2), inserted ‘‘In- dian tribe,’’ after ‘‘State,’’. Subsec. (b)(7), (8). Pub. L. 101–625, § 831(a), added pars. (7) and (8). Subsec. (b)(9). Pub. L. 101–625, § 832(e)(3), added par. (9). Subsecs. (c)(1), (d). Pub. L. 101–625, § 831(b)(3), (4), in- serted ‘‘Indian tribe,’’ after ‘‘State,’’ wherever appear- ing. Subsec. (g). Pub. L. 101–625, § 831(b)(5), inserted ‘‘(or tribal agency or contact)’’ after ‘‘State contact per- son’’, ‘‘(or tribe)’’ before comma, and ‘‘(or tribal agency or contact person)’’ after ‘‘or contact person’’. Subsec. (h). Pub. L. 101–625, § 831(c)(1), added subsec. (h). 1988—Subsec. (a)(1). Pub. L. 100–628, § 401(a), inserted ‘‘annually’’ after ‘‘submits’’. Subsec. (a)(2), (3). Pub. L. 100–628, § 401(b), added par. (2) and redesignated former par. (2) as (3). Subsec. (b)(3). Pub. L. 100–628, § 402(1), inserted ‘‘facili- ties and’’ before ‘‘services’’ and struck out ‘‘and’’ at end. Subsec. (b)(4). Pub. L. 100–628, § 402(2), inserted ‘‘facili- ties and’’ before ‘‘services’’ and substituted a semicolon for period at end. Subsec. (b)(5), (6). Pub. L. 100–628, § 402(3), added pars. (5) and (6). Subsec. (d)(3). Pub. L. 100–628, § 403, inserted before pe- riod at end ‘‘or to respond to recommendations made in accordance with paragraph (2) that are received at least 60 days prior to the beginning of the fiscal year’’. Subsec. (g). Pub. L. 100–628, § 404, added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–22 effective on the earlier of 18 months after May 20, 2009, or 3 months after publi- cation of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as a note under section 11302 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–625, title VIII, § 836(b), Nov. 28, 1990, 104 Stat. 4366, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1991.’’ EVALUATION OF PROGRAMS Pub. L. 102–550, title XIV, § 1409, Oct. 28, 1992, 106 Stat. 4038, as amended by Pub. L. 105–362, title VII, § 701(c), Nov. 10, 1998, 112 Stat. 3287; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, provided that the Secretary of Hous- ing and Urban Development would conduct a com- prehensive review and evaluation of the effectiveness of each program under title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.) exam- ining procedures of the Department in carrying out such programs, the procedures of recipients of assist- ance under such programs in carrying out such pro- grams, and the effects and benefits of such programs. HOMELESS HOUSING ACT OF 1986 Pub. L. 99–500, § 101(g) [H.R. 5313, title V], Oct. 18, 1986, 100 Stat. 1783–242, and Pub. L. 99–591, § 101(g) [H.R. 5313, title V], Oct. 30, 1986, 100 Stat. 3341–242; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 100–202, § 106, Dec. 22, 1987, 101 Stat. 1329–433, provided that title V of H.R. 5315 be cited as the ‘‘Homeless Housing Act of 1986’’, es- tablished a transitional housing demonstration pro- gram and directed Secretary of Housing and Urban De- velopment to submit to Congress, not later than 3 months after the end of fiscal year 1987, an interim re- port summarizing activities under this program during such fiscal year and, not later than 6 months after the end of fiscal year 1988, a final report summarizing such activities, established an emergency shelter grants pro- gram to make grants to States, units of local govern- ment, and private nonprofit organizations providing as- sistance to the homeless, and appropriated $15,000,000 for fiscal year 1987, to remain available until expended, to carry out both programs. § 11361a. Preventing involuntary family separa- tion (a) In general After the expiration of the 2-year period that begins upon May 20, 2009, and except as provided in subsection (b), any project sponsor receiving funds under this subchapter to provide emer- gency shelter, transitional housing, or perma- nent housing to families with children under age 18 shall not deny admission to any family based on the age of any child under age 18. (b) Exception Notwithstanding the requirement under sub- section (a), project sponsors of transitional housing receiving funds under this subchapter may target transitional housing resources to families with children of a specific age only if the project sponsor— Page 8153 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11363 (1) operates a transitional housing program that has a primary purpose of implementing an evidence-based practice that requires that housing units be targeted to families with children in a specific age group; and (2) provides such assurances, as the Sec- retary shall require, that an equivalent appro- priate alternative living arrangement for the whole family or household unit has been se- cured. (Pub. L. 100–77, title IV, § 404, as added Pub. L. 111–22, div. B, title I, § 1103, May 20, 2009, 123 Stat. 1677.) Editorial Notes CODIFICATION Section 1103 of Pub. L. 111–22, which directed amend- ment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section after section 403 (as so redesignated by section 1101(2) of Pub. L. 111–22), was executed by adding this section following section 403 (42 U.S.C. 11361) of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under sec- tion 11302 of this title. § 11361b. Technical assistance (a) In general The Secretary shall make available technical assistance to private nonprofit organizations and other nongovernmental entities, States, metropolitan cities, urban counties, and coun- ties that are not urban counties, to implement effective planning processes for preventing and ending homelessness, to improve their capacity to prepare collaborative applications, to prevent the separation of families in emergency shelter or other housing programs, and to adopt and provide best practices in housing and services for persons experiencing homeless. (b) Reservation The Secretary shall reserve not more than 1 percent of the funds made available for any fis- cal year for carrying out parts B and C, to pro- vide technical assistance under subsection (a). (Pub. L. 100–77, title IV, § 405, as added Pub. L. 111–22, div. B, title I, § 1103, May 20, 2009, 123 Stat. 1677.) Editorial Notes CODIFICATION Section 1103 of Pub. L. 111–22, which directed amend- ment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section after section 404, was executed by adding this section following section 404 (42 U.S.C. 11361a) of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Con- gress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under sec- tion 11302 of this title. § 11362. Discharge coordination policy The Secretary may not provide a grant under this subchapter for any governmental entity serving as an applicant unless the applicant agrees to develop and implement, to the max- imum extent practicable and where appropriate, policies and protocols for the discharge of per- sons from publicly funded institutions or sys- tems of care (such as health care facilities, fos- ter care or other youth facilities, or correction programs and institutions) in order to prevent such discharge from immediately resulting in homelessness for such persons. (Pub. L. 100–77, title IV, § 406, formerly § 402, as added Pub. L. 106–377, § 1(a)(1) [title II, § 229(a)], Oct. 27, 2000, 114 Stat. 1441, 1441A–30; renumbered § 406, Pub. L. 111–22, div. B, title I, § 1101(2), May 20, 2009, 123 Stat. 1669.) § 11363. Protection of personally identifying in- formation by victim service providers In the course of awarding grants or imple- menting programs under this subchapter, the Secretary shall instruct any victim service pro- vider that is a recipient or subgrantee not to disclose for purposes of the Homeless Manage- ment Information System any personally identi- fying information about any client. The Sec- retary may, after public notice and comment, require or ask such recipients and subgrantees to disclose for purposes of the Homeless Manage- ment Information System non-personally identi- fying information that has been de-identified, encrypted, or otherwise encoded. Nothing in this section shall be construed to supersede any pro- vision of any Federal, State, or local law that provides greater protection than this subsection for victims of domestic violence, dating vio- lence, sexual assault, or stalking. (Pub. L. 100–77, title IV, § 407, as added Pub. L. 111–22, div. B, title I, § 1104, May 20, 2009, 123 Stat. 1677.) Editorial Notes CODIFICATION Section 1104 of Pub. L. 111–22, which directed amend- ment of subtitle A of the McKinney-Vento Homeless Assistance Act by adding this section at the end, was executed by adding this section at the end of subtitle A of title IV of Pub. L. 100–77 (this part), to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under sec- tion 11302 of this title.