US Code

Public Law 119-110 (09/16/2026)

42 U.S.C. § 11301

Findings and purpose

Section text and notes

(a)

Findings

The Congress finds that—
(1)
the Nation faces an immediate and unprecedented crisis due to the lack of shelter for a growing number of individuals and families, including elderly persons, handicapped persons, families with children, Native Americans, and veterans;
(2)
the problem of homelessness has become more severe and, in the absence of more effective efforts, is expected to become dramatically worse, endangering the lives and safety of the homeless;
(3)
the causes of homelessness are many and complex, and homeless individuals have diverse needs;
(4)
there is no single, simple solution to the problem of homelessness because of the different subpopulations of the homeless, the different causes of and reasons for homelessness, and the different needs of homeless individuals;
(5)
due to the record increase in homelessness, States, units of local government, and private voluntary organizations have been unable to meet the basic human needs of all the homeless and, in the absence of greater Federal assistance, will be unable to protect the lives and safety of all the homeless in need of assistance; and
(6)
the Federal Government has a clear responsibility and an existing capacity to fulfill a more effective and responsible role to meet the basic human needs and to engender respect for the human dignity of the homeless.
(b)

Purpose

It is the purpose of this chapter—
(1)
to establish the United States Interagency Council on Homelessness;
(2)
to use public resources and programs in a more coordinated manner to meet the critically urgent needs of the homeless of the Nation; and
(3)
to provide funds for programs to assist the homeless, with special emphasis on elderly persons, handicapped persons, families with children, Native Americans, and veterans.

Pub. L. 100–77, title I, § 102101 Stat. 484 Pub. L. 108–199, div. G, title II, § 216(2)118 Stat. 394 (, , ; , , .)

Editorial Notes

References in Text

Pub. L. 100–77101 Stat. 482 This chapter, referred to in subsec. (b), was in the original “this Act”, meaning , , , 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 below and Tables.

Amendments

Pub. L. 108–1992004—Subsec. (b)(1). substituted “the United States Interagency Council on Homelessness” for “an Interagency Council on the Homeless”.

Statutory Notes and Related Subsidiaries

Short Title of 2009 Amendment

Pub. L. 111–22, div. B, § 1001(a)123 Stat. 1663

“This division [enacting sections 11318, 11360, 11360a, 11361a, 11361b, 11363, 11364, 11372, 11372a, 11374, 11381 to 11384, and 11386a to 11386e of this title, redesignating part G of subchapter IV of this chapter as part D of subchapter IV of this chapter, amending sections 11302, 11311 to 11313, 11315, 11361, 11362, 11373 to 11376, 11378, 11386, 11387, 11388, and 11408 of this title, repealing sections 11318, 11372, 11374, 11377, 11381 to 11384, and 11389 of this title and parts D to F of subchapter IV of this chapter, and enacting provisions set out as notes under this section and sections 11302 and 11311 of this title] may be cited as the ‘Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009’.”
, , , provided that:

Short Title of 2002 Amendment

Pub. L. 107–110, title X, § 1031115 Stat. 1989

Pub. L. 107–110“This part [part C (§§ 1031–1034) of title X of , enacting sections 11431 to 11435 of this title and provisions set out as a note below and amending provisions set out as a note below] may be cited as the ‘McKinney-Vento Homeless Education Assistance Improvements Act of 2001’.”
, , , provided that:

Short Title of 1994 Amendment

Pub. L. 103–421, § 1108 Stat. 4346

section 11411 of this titlesection 2687 of Title 10“This Act [amending and enacting and amending provisions set out as notes under , Armed Forces] may cited as the ‘Base Closure Community Redevelopment and Homeless Assistance Act of 1994’.”
, , , provided that:

Short Title of 1993 Amendment

Pub. L. 103–120, § 1107 Stat. 1144

oosection 1437f of this title“This Act [amending sections 1490 and 12724 of this title and sections 1701z–11, 1721, and 1735f–9 of Title 12, Banks and Banking, enacting provisions set out as notes under this section and sections 1437f, 1490, and 9816 of this title, and amending a provision set out as a note under ] may be cited as the ‘HUD Demonstration Act of 1993’.”
, , , provided that:

Short Title of 1992 Amendment

Pub. L. 102–550, title XIV, § 1401106 Stat. 4012

“This title [enacting sections 11381 to 11389, 11391 to 11399, 11403e–4, 11404, 11405 to 11405b, 11406 to 11406b, 11407 to 11407b, 11408, and 11408a of this title, transferring sections 11404c to 11404e of this title to sections 11403e–1 to 11403e–3 of this title, respectively, amending sections 11318, 11319, 11346, 11352, 11374, 11375, 11377, 11401, 11403a, 11403c to 11403e, 11403g, 11403h, 11404a, and 11404b of this title, repealing sections 11381 to 11388, 11391 to 11394, 11404, 11405 to 11405c, and 11406 to 11406c of this title, enacting provisions set out as notes preceding section 11361 and under sections 11361, 11381, and 11411 of this title, amending provisions set out as a note under this section, and repealing provisions set out as notes under sections 11361, 11391, and 11399 of this title] may be cited as the ‘Stewart B. McKinney Homeless Housing Assistance Amendments Act of 1992’.”
, , , provided that:

Short Title of 1990 Amendment

Pub. L. 101–645, § 1(a)104 Stat. 4673

section 1703a of Title 29section 141 of Title 13section 290aa–3 of this title“This Act [enacting sections 5118 to 5118e, 11434a, 11465, 11466, and 11481 to 11489 of this title and , Labor, amending sections 256, 290bb–2, 290cc–21 to 290cc–35, 11302, 11312, 11318, 11319, 11332, 11352, 11411, 11421, 11431 to 11435, 11443, 11449, 11450, 11463, and 11464 of this title, enacting provisions set out as notes under this section, sections 5118, 11332, 11411, and 11463 of this title, and , Census, and amending provisions set out as a note under ] may be cited as the ‘Stewart B. McKinney Homeless Assistance Amendments Act of 1990’.”
, , , provided that:

Pub. L. 101–645, title VI, § 601104 Stat. 4734

section 1703a of Title 29“This title [enacting sections 5118 to 5118e, 11434a, 11465, 11466, and 11481 to 11489 of this title and , Labor, amending sections 11302, 11421, 11431 to 11435, 11443, 11449, 11450, 11463, and 11464 of this title, and enacting provisions set out as notes under sections 5118 and 11463 of this title] may be cited as the ‘Stewart B. McKinney Homeless Assistance Amendments Act of 1990’.”
, , , provided that:

Short Title of 1988 Amendment

Pub. L. 100–628, § 1(a)102 Stat. 3224

oollsection 2661 of Title 15section 1501 of Title 29lsection 49 of Title 29“This Act [enacting sections 3544, 11320, and 11402 of this title and sections 1583, 1791 to 1791j of Title 29, Labor, amending sections 254e, 256, 290bb–2, 290cc–21, 290cc–28, 290cc–29, 290cc–35, 290cc–36, 290dd, 290ee, 290ee–1, 503, 504, 602, 1437d, 1437f, 1437n, 1437, 1437r, 1472, 1480, 1484 to 1486, 1490, 3002, 3015, 3021, 3025 to 3027, 3031, 3035a, 3056e, 4013, 4121, 4822, 5302, 5304, 5306, 5318, 8103, 11304, 11313, 11318, 11319, 11352, 11361, 11373 to 11375, 11377, 11382 to 11385, 11387, 11388, 11392, 11394, 11401, 11411, 11421, 11432, 11433, 11435, 11447, 11449, 11462 to 11464, and 11501 of this title, sections 1454, 1701x, 1701z–11, 1709, 1710, 1715z–1a, 1715z–12, 1715z–20, 1717, 2805, and 2806 of Title 12, Banks and Banking, sections 1701 and 1719 of Title 15, Commerce and Trade, and sections 49, 49a, 49b, 49d to 49j, 49, 49–1, 1502, 1504, 1505, 1514, 1516, 1531, and 1602 of Title 29, enacting provisions set out as notes under this section and sections 256, 1437d, 1437f, 1472, 11303, 11374, 11381, 11383, 11384, 11392, 11401, and 11501 of this title, sections 1710 and 1715z–1a of Title 12, , and , and amending provisions set out as notes under sections 290aa–3, 1472, 1490m, and 4822 of this title, sections 1701z–6, 1709, 1715, and 2802 of Title 12, and ] may be cited as the ‘Stewart B. McKinney Homeless Assistance Amendments Act of 1988’.”
, , , provided that:

Short Title

Pub. L. 100–77, title I, § 101(a)101 Stat. 482 Pub. L. 106–400, § 1114 Stat. 1675 Pub. L. 107–110, title X, § 1034(a)115 Stat. 2006 Pub. L. 107–116, title VI, § 634(a)115 Stat. 2228

section 256a of this titlesection 290aa–3 of this titlesection 612c of Title 7section 1721 of Title 29“This Act [enacting this chapter and sections 256 and 290cc–21 to 290cc–36 of this title, amending sections 254e, 290bb–1a, 290bb–2, and 5302 of this title, sections 2012, 2014, 2020, and 2025 of Title 7, Agriculture, sections 1205 and 1207a of Title 20, Education, sections 1503 and 1551 of Title 29, Labor, and section 484 of former Title 40, Public Buildings, Property, and Works, repealing , enacting provisions set out as notes under this section and and sections 2012, 2014, and 2020 of Title 7, and amending provisions set out as notes under and ] may be cited as the ‘McKinney-Vento Homeless Assistance Act’.”
, , , as amended by , , ; , , ; , , , provided that:

Pub. L. 107–110, title X, § 1034(b)115 Stat. 2007

section 1 of Pub. L. 106–400section 101(a) of Pub. L. 100–77Public Law 106–400“The amendment made by subsection (a) [amending , which amended set out above] shall be deemed to be effective on the date of enactment of .”
[, , , provided that: ]

Pub. L. 107–116, title VI, § 634(b)115 Stat. 2228

section 101(a) of Pub. L. 100–77Public Law 106–400114 Stat. 1675 “The amendment made by subsection (a) of this section [which directed the amendment of , set out above] is deemed to have taken effect immediately after the enactment of [which was approved ] ().”
[, , , provided that: ]

Regulations

Pub. L. 111–22, div. B, title V, § 1504123 Stat. 1702

“(a)

In General .—

Not later than 12 months after the date of the enactment of this division [], the Secretary of Housing and Urban Development shall promulgate regulations governing the operation of the programs that are created or modified by this division [see Short Title of 2009 Amendment note above].
“(b)

Effective Date .—

This section shall take effect on the date of the enactment of this division.”
, , , provided that:

Pub. L. 100–628, title IV, § 485102 Stat. 3239

section 11411 of this title“Not later than 60 days after the date of the enactment of this Act [], the Secretary of Housing and Urban Development or other Federal entity involved shall by notice establish such requirements as may be necessary to carry out the amendments made by titles I through IV [see Tables for classification] and by section 501(2)(B) [amending ]. The Secretary or other Federal entity involved shall issue regulations based on the notice not later than 12 months after the date of the enactment of this Act.”
, , , provided that:

Findings and Purposes

Pub. L. 111–22, div. B, § 1002123 Stat. 1664

“(a)

Findings .—

The Congress finds that—
“(1)
a lack of affordable housing and limited scale of housing assistance programs are the primary causes of homelessness; and
“(2)
homelessness affects all types of communities in the United States, including rural, urban, and suburban areas.
“(b)

Purposes .—

The purposes of this division [see Short Title of 2009 Amendment note above] are—
“(1)
42 U.S.C. 1136042 U.S.C. 1437f to consolidate the separate homeless assistance programs carried out under title IV of the McKinney-Vento Homeless Assistance Act [ et seq.] (consisting of the supportive housing program and related innovative programs, the safe havens program, the section 8 [] assistance program for single-room occupancy dwellings, and the shelter plus care program) into a single program with specific eligible activities;
“(2)
to codify in Federal law the continuum of care planning process as a required and integral local function necessary to generate the local strategies for ending homelessness; and
“(3)
to establish a Federal goal of ensuring that individuals and families who become homeless return to permanent housing within 30 days.”
, , , provided that:

References to Stewart B. McKinney Homeless Assistance Act

Pub. L. 106–400, § 2114 Stat. 1675

“Any reference in any law, regulation, document, paper, or other record of the United States to the Stewart B. McKinney Homeless Assistance Act shall be deemed to be a reference to the ‘McKinney-Vento Homeless Assistance Act’.”
, , , provided that:

Innovative Homeless Initiatives Demonstration Program

Pub. L. 103–120, § 2107 Stat. 1144 Pub. L. 104–330, title V, § 506(b)110 Stat. 4045 Pub. L. 103–120, § 2(g)107 Stat. 1148 , , , as amended by , , , directed Secretary of Housing and Urban Development, through cooperative efforts in partnership with other levels of government and the private sector, including nonprofit organizations, foundations, and communities, to demonstrate methods of undertaking comprehensive strategies for assisting homeless individuals and families (including homeless individuals who have AIDS or who are infected with HIV), through a variety of activities, including the coordination of efforts and the filling of gaps in available services and resources, directed Secretary to provide comprehensive homeless demonstration grants and innovative project funding, and provided for submission of reports and authorization of appropriations, prior to repeal by , , .

Strategy To Eliminate Unfit Transient Facilities

Pub. L. 101–625, title VIII, § 825104 Stat. 4356 Pub. L. 102–550, title XIV, § 1412106 Stat. 4039 , , , as amended by , , , directed Secretary of Housing and Urban Development, not more than 9 months after , to identify the States and units of general local government using unfit transient facilities as housing for homeless families with children and develop and publish in the Federal Register a strategy to eliminate such use by , and in developing such strategy, to consult with the Secretary of the Department of Health and Human Services, the Administrator of the Federal Emergency Management Agency, other appropriate Federal officials, appropriate States and units of general local government, major organizations representing homeless persons and other experts.

Report on Effect of Rent Control on Homelessness

Pub. L. 100–628, title IV, § 483102 Stat. 3238 , , , directed Secretary of Housing and Urban Development, within 12 months after , to submit to Congress a report evaluating the impact of local housing rent controls and regulations on rate of homelessness, and on the development, supply, availability, and affordability of housing, in major cities in the United States, with report to include additional specified information.

Requirement of Certain Study With Respect to Homelessness

Pub. L. 100–77, title VI, § 603101 Stat. 515 , , , directed Secretary of Health and Human Services, not later than 18 months after , to complete a study with respect to determining extent to which mental health deinstitutionalization policies of States are contributing to problem of homelessness, and submit to Congress the findings made as a result of such study, including any recommendations with respect to administrative and legislative initiatives that could reduce the number of chronically mentally ill individuals who are homeless.

Executive Documents

Ex. Ord. No. 14321. Ending Crime and Disorder on America’s Streets

Ex. Ord. No. 14321, , 90 F.R. 35817, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

SectionPurpose and Policy 1. . Endemic vagrancy, disorderly behavior, sudden confrontations, and violent attacks have made our cities unsafe. The number of individuals living on the streets in the United States on a single night during the last year of the previous administration—274,224—was the highest ever recorded. The overwhelming majority of these individuals are addicted to drugs, have a mental health condition, or both. Nearly two-thirds of homeless individuals report having regularly used hard drugs like methamphetamines, cocaine, or opioids in their lifetimes. An equally large share of homeless individuals reported suffering from mental health conditions. The Federal Government and the States have spent tens of billions of dollars on failed programs that address homelessness but not its root causes, leaving other citizens vulnerable to public safety threats.

Shifting homeless individuals into long-term institutional settings for humane treatment through the appropriate use of civil commitment will restore public order. Surrendering our cities and citizens to disorder and fear is neither compassionate to the homeless nor other citizens. My Administration will take a new approach focused on protecting public safety.

Sec.Restoring Civil Commitment 2. . (a) The Attorney General, in consultation with the Secretary of Health and Human Services, shall take appropriate action to:

(i) seek, in appropriate cases, the reversal of Federal or State judicial precedents and the termination of consent decrees that impede the United States’ policy of encouraging civil commitment of individuals with mental illness who pose risks to themselves or the public or are living on the streets and cannot care for themselves in appropriate facilities for appropriate periods of time; and

(ii) provide assistance to State and local governments, through technical guidance, grants, or other legally available means, for the identification, adoption, and implementation of maximally flexible civil commitment, institutional treatment, and “step-down” treatment standards that allow for the appropriate commitment and treatment of individuals with mental illness who pose a danger to others or are living on the streets and cannot care for themselves.

Sec.Fighting Vagrancy on America’s Streets 3. . (a) The Attorney General, the Secretary of Health and Human Services, the Secretary of Housing and Urban Development, and the Secretary of Transportation shall take immediate steps to assess their discretionary grant programs and determine whether priority for those grants may be given to grantees in States and municipalities that actively meet the below criteria, to the maximum extent permitted by law:

(i) enforce prohibitions on open illicit drug use;

(ii) enforce prohibitions on urban camping and loitering;

(iii) enforce prohibitions on urban squatting;

(iv) enforce, and where necessary, adopt, standards that address individuals who are a danger to themselves or others and suffer from serious mental illness or substance use disorder, or who are living on the streets and cannot care for themselves, through assisted outpatient treatment or by moving them into treatment centers or other appropriate facilities via civil commitment or other available means, to the maximum extent permitted by law; or

Pub. L. 109–24834 U.S.C. 20901(v) substantially implement and comply with, to the extent required, the registration and notification obligations of the Sex Offender Registry and Notification Act [probably means “Sex Offender Registration and Notification Act”, title I of , et seq.], particularly in the case of registered sex offenders with no fixed address, including by adequately mapping and checking the location of homeless sex offenders.

(b) The Attorney General shall:

18 U.S.C. 4248(i) ensure that homeless individuals arrested for Federal crimes are evaluated, consistent with , to determine whether they are sexually dangerous persons and certified accordingly for civil commitment;

34 U.S.C. 50101Pub. L. 98–473(ii) take all necessary steps to ensure the availability of funds under the Emergency Federal Law Enforcement Assistance program to support, as consistent with et seq. [subtitle B of title I of ], encampment removal efforts in areas for which public safety is at risk and State and local resources are inadequate;

(iii) assess Federal resources to determine whether they may be directed toward ensuring, to the extent permitted by law, that detainees with serious mental illness are not released into the public because of a lack of forensic bed capacity at appropriate local, State, and Federal jails or hospitals; and

(iv) enhance requirements that prisons and residential reentry centers that are under the authority of the Attorney General or receive funding from the Attorney General require in-custody housing release plans and, to the maximum extent practicable, require individuals to comply.

Sec.Redirecting Federal Resources Toward Effective Methods of Addressing Homelessness 4. . (a) The Secretary of Health and Human Services shall take appropriate action to:

(i) ensure that discretionary grants issued by the Substance Abuse and Mental Health Services Administration for substance use disorder prevention, treatment, and recovery fund evidence-based programs and do not fund programs that fail to achieve adequate outcomes, including so-called “harm reduction” or “safe consumption” efforts that only facilitate illegal drug use and its attendant harm;

(ii) provide technical assistance to assisted outpatient treatment programs for individuals with serious mental illness or addiction during and after the civil commitment process focused on shifting such individuals off of the streets and public programs and into private housing and support networks; and

(iii) ensure that Federal funds for Federally Qualified Health Centers and Certified Community Behavioral Health Clinics reduce rather than promote homelessness by supporting, to the maximum extent permitted by law, comprehensive services for individuals with serious mental illness and substance use disorder, including crisis intervention services.

(b) The Attorney General shall prioritize available funding to support the expansion of drug courts and mental health courts for individuals for which such diversion serves public safety.

Sec.Increasing Accountability and Safety in America’s Homelessness Programs 5. . (a) The Secretary of Health and Human Services and the Secretary of Housing and Urban Development shall take appropriate actions to increase accountability in their provision of, and grants awarded for, homelessness assistance and transitional living programs. These actions shall include, to the extent permitted by law, ending support for “housing first” policies that deprioritize accountability and fail to promote treatment, recovery, and self-sufficiency; increasing competition among grantees through broadening the applicant pool; and holding grantees to higher standards of effectiveness in reducing homelessness and increasing public safety.

(b) The Secretary of Housing and Urban Development shall, as appropriate, take steps to require recipients of Federal housing and homelessness assistance to increase requirements that persons participating in the recipients’ programs who suffer from substance use disorder or serious mental illness use substance abuse treatment or mental health services as a condition of participation.

(c) With respect to recipients of Federal housing and homelessness assistance that operate drug injection sites or “safe consumption sites,” knowingly distribute drug paraphernalia, or permit the use or distribution of illicit drugs on property under their control:

21 U.S.C. 856section 416 of Pub. L. 91–513(i) the Attorney General shall review whether such recipients are in violation of Federal law, including [], and bring civil or criminal actions in appropriate cases; and

(ii) the Secretary of Housing and Urban Development, in coordination with the Attorney General, shall review whether such recipients are in violation of the terms of the programs pursuant to which they receive Federal housing and homelessness assistance and freeze their assistance as appropriate.

(d) The Secretary of Housing and Urban Development shall take appropriate measures and revise regulations as necessary to allow, where permissible under applicable law, federally funded programs to exclusively house women and children and to stop sex offenders who receive homelessness assistance through such programs from being housed with unrelated children.

(e) The Secretary of Housing and Urban Development, in consultation with the Attorney General and the Secretary of Health and Human Services, shall, as appropriate and to the extent permitted by law:

(i) allow or require the recipients of Federal funding for homelessness assistance to collect health-related information that the Secretary of Housing and Urban Development identifies as necessary to the effective and efficient operation of the funding program from all persons to whom such assistance is provided; and

(ii) require those funding recipients to share such data with law enforcement authorities in circumstances permitted by law and to use the collected health data to provide appropriate medical care to individuals with mental health diagnoses or to connect individuals to public health resources.

Sec.General Provisions 6. . (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

(d) The costs for publication of this order shall be borne by the Department of Housing and Urban Development.

Donald J. Trump.
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