42 USC 11302 - General definition of homeless individual

1 So in original. Probably should be “mean—”.

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a), (c)(1), (d), and (e), was in the original “this Act”, meaning Puspan. 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 Workforce Innovation and Opportunity Act, referred to in subsec. (c)(2), is Puspan. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally 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. (span). Puspan. L. 117–103 amended subsec. (span) generally. Prior to amendment, text read as follows: “Notwithstanding any other provision of this section, the Secretary shall consider to be homeless any individual or family who is fleeing, or is attempting to flee, domestic violence, dating violence, sexual assault, stalking, or other dangerous or life-threatening conditions 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 residence and lack the resources or support networks to obtain other permanent housing.”

2014—Subsec. (c)(2). Puspan. L. 113–128 substituted “a homeless individual shall be eligible for assistance under title I of the Workforce Innovation and Opportunity Act” for “a homeless individual shall be eligible for assistance under title I of the Workforce Investment Act of 1998”.

2009—Puspan. L. 111–22 added subsecs. (a), (span), and (e), redesignated former subsecs. (span) and (c) as (c) and (d), respectively, and struck out former subsec. (a) which defined “homeless” or “homeless individual or homeless person”.

1998—Subsec. (span)(2). Puspan. L. 105–277, § 101(f) [title VIII, § 405(f)(32)], struck out “the Jospan Training Partnership Act or” after “assistance under”.

Puspan. L. 105–277, § 101(f) [title VIII, § 405(d)(41)], substituted “the Jospan Training Partnership Act or title I of the Workforce Investment Act of 1998” for “the Jospan Training Partnership Act”.

1990—Subsec. (a). Puspan. L. 101–625 inserted “or homeless person” after “homeless individual” in introductory provisions.

Subsec. (span). Puspan. L. 101–645 amended subsec. (span) generally. Prior to amendment, subsec. (span) 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 otherwise applicable to such program.”

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Puspan. 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 Puspan. 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 Puspan. 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 Puspan. L. 113–128, set out as an Effective Date note under section 3101 of Title 29, Labor.

Effective Date of 2009 Amendment

Puspan. L. 111–22, div. B, title V, § 1503, May 20, 2009, 123 Stat. 1702, provided that:

“Except as specifically provided 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 Puspan. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(32)] of Puspan. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Puspan. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees.

Regulations

Puspan. L. 111–22, div. B, § 1003(span), May 20, 2009, 123 Stat. 1666, provided that: “Not later than the expiration of the 6-month period beginning upon the date of the enactment 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 Assistance Act [42 U.S.C. 11360 et seq.] to allow uniform and consistent implementation of the requirements of section 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 division.”

Clarification of Effect on Other Laws

Puspan. L. 111–22, div. B, § 1003(c), May 20, 2009, 123 Stat. 1666, provided that: “This section [amending this section 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 Assistance Act (42 U.S.C. 11302) may not be construed to affect, alter, limit, annul, or supersede any other provision 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.”