dreamproit/uscode huggingface dataset:
42 U.S.C. § 11303 (THE PUBLIC HEALTH AND WELFARE)
§ 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 authorization 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 prohibits 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 increase the deficit of the Federal Government for fiscal year 1987.
(Pub. L. 100–77, title I, § 104, July 22, 1987, 101 Stat. 485.)
heading: References in Text
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 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 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, as amended, 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602, 622, 631 to 642, and 651 to 653 of Title 2, and sections 1104 to 1106, and 1109 of Title 31, Money and Finance, repealed section 661 of Title 2, enacted provisions set out as notes under section 911 of this title and section 900 of Title 2, and amended provisions set out as a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.
heading: Budget Compliance
text: 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, budget 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).”
42 U.S.C. § 11304 (THE PUBLIC HEALTH AND WELFARE)
§ 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 of this chapter.
(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.)
heading: Amendments
text: 1996—Pub. L. 104–316 substituted “may” for “shall annually” and struck out “, and submit to the Congress an annual summary of the status of each program authorized 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 summary of the status of each program authorized under this chapter” for “submit a report to the Congress setting forth the findings of such evaluation, upon the expiration of the 4-month and 12-month periods beginning on July 22, 1987”.
42 U.S.C. § 11311 (THE PUBLIC HEALTH AND WELFARE)
§ 11311. Establishment
There is established in the executive branch an independent establishment to be known as the United States Interagency Council on Homelessness whose mission shall be to coordinate the Federal response to homelessness and to create a national partnership at every level of government and with the private sector to reduce and end homelessness in the nation while maximizing the effectiveness of the Federal Government in contributing to the end of homelessness.
(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.)
heading: Amendments
text: 2009—Pub. L. 111–22 inserted before period at end “whose mission shall be to coordinate the Federal response to homelessness and to create a national partnership at every level of government and with the private sector to reduce and end homelessness in the nation while maximizing the effectiveness of the Federal Government in contributing to the end of homelessness”.
2004—Pub. L. 108–199 substituted “United States Interagency Council on Homelessness” for “Interagency Council on the Homeless”.
heading: Effective Date of 2009 Amendment
text: Pub. L. 111–22, div. B, § 1004(b), May 20, 2009, 123 Stat. 1668, provided that: “The amendments made by subsection (a) [enacting section 11318 of this title, amending 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].”
42 U.S.C. § 11314 (THE PUBLIC HEALTH AND WELFARE)
§ 11314. Director and staff
(a) Director
The Council shall appoint an Executive Director, 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 Executive 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 Federal Task Force on the Homeless of the Department to assist the Council in carrying out its duties under this subchapter.
(d) Administrative support
The Secretary of Housing and Urban Development shall provide the Council with such administrative and support services as are necessary to ensure that the Council carries out its functions under this subchapter in an efficient and expeditious manner.
(e) Experts and consultants
With the approval of the Council, the Executive Director of the Council may procure temporary and intermittent services under section 3109(b) of title 5.
(Pub. L. 100–77, title II, § 204, July 22, 1987, 101 Stat. 488.)
42 U.S.C. § 11315 (THE PUBLIC HEALTH AND WELFARE)
§ 11315. Powers
(a) Meetings
For the purpose of carrying out this subchapter, the Council may hold such meetings, and sit and act at such times and places, as the Council considers appropriate.
(b) Delegation
Any member or employee of the Council may, if authorized by the Council, take any action that the Council is authorized to take in this subchapter.
(c) Information
The Council may secure directly from any Federal agency such information as may be necessary to enable the Council to carry out this subchapter. Upon request of the Chairperson of the Council, the head of such agency shall furnish such information to the Council.
(d) Donations
The Council may accept, use, and dispose of gifts or donations of services or property, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Council.
(e) Mails
The Council may use the United States mails in the same manner and under the same conditions as other Federal agencies.
(Pub. L. 100–77, title II, § 205, July 22, 1987, 101 Stat. 488; Pub. L. 111–22, div. B, § 1004(a)(5), May 20, 2009, 123 Stat. 1668.)
heading: Amendments
text: 2009—Subsec. (d). Pub. L. 111–22 substituted “property, both real and personal, public and private, without fiscal year limitation, for the purpose of aiding or facilitating the work of the Council.” for “property.”
heading: Effective Date of 2009 Amendment
text: Amendment by Pub. L. 111–22 effective on, and applicable 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.
42 U.S.C. § 11316 (THE PUBLIC HEALTH AND WELFARE)
§ 11316. Transfer of functions
(a) Transfers from HHS Task Force
The Council shall be the successor to the Federal Task Force on the Homeless of the Department of Health and Human Services. The property, records, and undistributed program funds of the Task Force shall be transferred to the Council.
(b) Termination of HHS Task Force
The Secretary of Health and Human Services shall terminate the Federal Task Force on the Homeless of the Department of Health and Human Services as soon as practicable following the first meeting of the Council.
(Pub. L. 100–77, title II, § 206, July 22, 1987, 101 Stat. 489.)
42 U.S.C. § 11317 (THE PUBLIC HEALTH AND WELFARE)
§ 11317. Definitions
For purposes of this subchapter:
(1) The term “Council” means the United States Interagency Council on Homelessness established in section 11311 of this title.
(2) The term “Federal agency” has the meaning given the term “agency” in section 551(1) of title 5.
(Pub. L. 100–77, title II, § 207, July 22, 1987, 101 Stat. 489; Pub. L. 108–199, div. G, title II, § 216(4), Jan. 23, 2004, 118 Stat. 394.)
heading: Amendments
text: 2004—Par. (1). Pub. L. 108–199 substituted “United States Interagency Council on Homelessness” for “Interagency Council on the Homeless”.
42 U.S.C. § 11318 (THE PUBLIC HEALTH AND WELFARE)
§ 11318. Authorization of appropriations
There are authorized to be appropriated to carry out this subchapter $3,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal years 2011. Any amounts appropriated to carry out this subchapter shall remain available until expended.
(Pub. L. 100–77, title II, § 208, as added Pub. L. 111–22, div. B, § 1004(a)(6), May 20, 2009, 123 Stat. 1668.)
heading: Prior Provisions
text: A prior section 11318, Pub. L. 100–77, title II, § 208, July 22, 1987, 101 Stat. 489; Pub. L. 100–628, title II, § 204, Nov. 7, 1988, 102 Stat. 3228; Pub. L. 101–645, title I, § 102, Nov. 29, 1990, 104 Stat. 4674; Pub. L. 102–550, title XIV, § 1421, Oct. 28, 1992, 106 Stat. 4043, which authorized appropriations for fiscal years 1993 and 1994, was repealed by Pub. L. 111–22, div. B, § 1004(a)(6), (b), May 20, 2009, 123 Stat. 1668, effective on, and applicable beginning on, May 20, 2009.
heading: Effective Date
text: Section effective on, and applicable beginning on, May 20, 2009, see section 1004(b) of Pub L. 111–22, set out as an Effective Date of 2009 Amendment note under section 11311 of this title.
42 U.S.C. § 11320 (THE PUBLIC HEALTH AND WELFARE)
§ 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, including the bimonthly bulletin described in section 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 designate a lead agency for the State for the purpose of assuming primary responsibility for coordinating 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.)
heading: References in Text
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.
42 U.S.C. § 11332 (THE PUBLIC HEALTH AND WELFARE)
§ 11332. Local boards
(a) Establishment
Each locality designated by the National Board shall constitute a local board for the purpose 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 locality 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 expand participation of other private nonprofit organizations on the local board.
(b) Responsibilities
Each local board shall—
(1) determine which private nonprofit organizations or public organizations of the local government in the individual locality shall receive 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 available 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.)
heading: Amendments
text: 1990—Subsec. (a). Pub. L. 101–645 inserted before period 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 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”.
heading: Implementation of 1990 Amendment
text: Pub. L. 101–645, title II, § 202(b), Nov. 29, 1990, 104 Stat. 4675, provided that: “Each local board under the Emergency Food and Shelter Program whose membership shall include a member of an Indian tribe by reason of the amendment made by subsection (a) [amending this section] shall comply with the requirement made by such amendment not later than the expiration of the 30-day period beginning on the date of the enactment of this Act [Nov. 29, 1990].”
42 U.S.C. § 11333 (THE PUBLIC HEALTH AND WELFARE)
§ 11333. Role of Federal Emergency Management Agency
(a) In general
The Director shall provide the National Board with administrative support and act as Federal liaison to the National Board.
(b) Specific support activities
The Director shall—
(1) make available to the National Board, upon request, the services of the legal counsel and Inspector General of the Federal Emergency Management Agency;
(2) assign clerical personnel to the National Board on a temporary basis; and
(3) conduct audits of the National Board annually and at such other times as may be appropriate.
(Pub. L. 100–77, title III, § 303, July 22, 1987, 101 Stat. 490.)
heading: Transfer of Functions
text: For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency 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 liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
42 U.S.C. § 11334 (THE PUBLIC HEALTH AND WELFARE)
§ 11334. Records and audit of National Board and recipients of assistance
(a) Annual independent audit of National Board
(1) The accounts of the National Board shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a State or other political subdivision of the United States. The audits shall be conducted at the place or places where the accounts of the National Board are normally kept. All books, accounts, financial records, reports, files, and all other papers, things, or property belonging to or in use by the National Board and necessary to facilitate the audits shall be made available to the person or persons conducting the audits, and full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians shall be afforded to such person or persons.
(2) The report of each such independent audit shall be included in the annual report required in section 11335 of this title. Such report shall set forth the scope of the audit and include such statements as are necessary to present fairly the assets and liabilities of the National Board, surplus or deficit, with an analysis of the changes during the year, supplemented in reasonable detail by a statement of the income and expenses of the National Board during the year, and a statement of the application of funds, together with the opinion of the independent auditor of such statements.
(b) Access to records of recipients of assistance
(1) Each recipient of assistance under this subchapter shall keep such records as may be reasonably necessary to fully disclose the amount and the disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.
(2) The National Board, or any of its duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to assistance received under this subchapter.
(c) Authority of Comptroller General
The Comptroller General of the United States, or any of the duly authorized representatives of the Comptroller General, shall also have access to any books, documents, papers, and records of the National Board and recipients for such purpose.
(Pub. L. 100–77, title III, § 304, July 22, 1987, 101 Stat. 491.)
42 U.S.C. § 11335 (THE PUBLIC HEALTH AND WELFARE)
§ 11335. Annual report
The National Board shall transmit to the Congress an annual report covering each year in which it conducts activities with funds made available under this subchapter.
(Pub. L. 100–77, title III, § 305, July 22, 1987, 101 Stat. 491.)
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under this section is listed in the 4th item on page 169), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
42 U.S.C. § 11341 (THE PUBLIC HEALTH AND WELFARE)
§ 11341. Grants by Director
Not later than 30 days following the date on which appropriations become available to carry out this part, the Director shall award a grant for the full amount that the Congress appropriates for the program under this part to the National Board for the purpose of providing emergency food and shelter to needy individuals through private nonprofit organizations and local governments in accordance with section 11343 of this title.
(Pub. L. 100–77, title III, § 311, July 22, 1987, 101 Stat. 492.)
heading: Transfer of Functions
text: For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of the Federal Emergency Management Agency, including the functions of the Under Secretary for Federal Emergency 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 liabilities of the Federal Emergency Management Agency, including the functions of the Director of the Federal Emergency Management Agency relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see former section 313(1) and sections 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
42 U.S.C. § 11342 (THE PUBLIC HEALTH AND WELFARE)
§ 11342. Retention of interest earned
Interest accrued on the balance of any grant to the National Board shall be available to the National Board for reallocation, and total administrative costs shall be determined based on total amount of funds available, including interest and any private contributions that are made to the National Board.
(Pub. L. 100–77, title III, § 312, July 22, 1987, 101 Stat. 492.)
42 U.S.C. § 11343 (THE PUBLIC HEALTH AND WELFARE)
§ 11343. Purposes of grants
(a) Eligible activities
Grants to the National Board may be used—
(1) to supplement and expand ongoing efforts to provide shelter, food, and supportive services for homeless individuals with sensitivity to the transition from temporary shelter to permanent homes, and attention to the special needs of homeless individuals with mental and physical disabilities and illnesses, and to facilitate access for homeless individuals to other sources of services and benefits;
(2) to strengthen efforts to create more effective and innovative local programs by providing funding for them; and
(3) to conduct minimum rehabilitation of existing mass shelter or mass feeding facilities, but only to the extent necessary to make facilities safe, sanitary, and bring them into compliance with local building codes.
(b) Limitations on activities
(1) The National Board may only provide funding provided under this part for—
(A) programs undertaken by private nonprofit organizations and local governments; and
(B) programs that are consistent with the purposes of this subchapter.
(2) The National Board may not carry out programs directly.
(Pub. L. 100–77, title III, § 313, July 22, 1987, 101 Stat. 492.)
42 U.S.C. § 11344 (THE PUBLIC HEALTH AND WELFARE)
§ 11344. Limitation on certain costs
Not more than 5 percent of the total amount appropriated for the emergency food and shelter program for each fiscal year may be expended for the costs of administration.
(Pub. L. 100–77, title III, § 314, July 22, 1987, 101 Stat. 492.)