
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-402 Section 401(b)(14)]
[CITE: 42USC11382]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
                   Part C--Supportive Housing Program
 
Sec. 11382. Definitions

    For purposes of this part:
        (1) The term ``applicant'' means a State, metropolitan city, 
    urban county, governmental entity, private nonprofit organization, 
    or community mental health association that is a public nonprofit 
    organization, that is eligible to receive assistance under this part 
    and submits an application under section 11386(a) of this title.
        (2) The term ``disability'' means--
            (A) a disability as defined in section 423 of this title,
            (B) to be determined to have, pursuant to regulations issued 
        by the Secretary, a physical, mental, or emotional impairment 
        which (i) is expected to be of long-continued and indefinite 
        duration, (ii) substantially impedes an individual's ability to 
        live independently, and (iii) of such a nature that such ability 
        could be improved by more suitable housing conditions,
            (C) a developmental disability as defined in section 6001 of 
        this title, or
            (D) the disease of acquired immunodeficiency syndrome or any 
        conditions arising from the etiologic agency for acquired 
        immunodeficiency syndrome.

    Subparagraph (D) shall not be construed to limit eligibility under 
    subparagraphs (A) through (C) or the provisions referred to in 
    subparagraphs (A) through (C).
        (3) Repealed. Pub. L. 104-330, title V, Sec. 506(a)(7)(B), Oct. 
    26, 1996, 110 Stat. 4044.
        (4) The term ``metropolitan city'' has the meaning given the 
    term in section 5302 of this title.
        (5) The term ``operating costs'' means expenses incurred by a 
    recipient operating supportive housing under this part with respect 
    to--
            (A) the administration, maintenance, repair, and security of 
        such housing;
            (B) utilities, fuel, furnishings, and equipment for such 
        housing; and
            (C) the conducting of the assessment under section 
        11386(c)(2) of this title.

        (6) The term ``outpatient health services'' means outpatient 
    health care, outpatient mental health services, outpatient substance 
    abuse services, and case management.
        (7) The term ``private nonprofit organization'' means an 
    organization--
            (A) no part of the net earnings of which inures to the 
        benefit of any member, founder, contributor, or individual;
            (B) that has a voluntary board;
            (C) that has an accounting system, or has designated a 
        fiscal agent in accordance with requirements established by the 
        Secretary; and
            (D) that practices nondiscrimination in the provision of 
        assistance.

        (8) The term ``project'' means a structure or structures (or a 
    portion of such structure or structures) that is acquired, 
    rehabilitated, constructed, or leased with assistance provided under 
    this part or with respect to which the Secretary provides technical 
    assistance or annual payments for operating costs under this part, 
    or supportive services.
        (9) The term ``recipient'' means any governmental or nonprofit 
    entity that receives assistance under this part.
        (10) The term ``Secretary'' means the Secretary of Housing and 
    Urban Development.
        (11) The term ``State'' means each of the several States, the 
    District of Columbia, the Commonwealth of Puerto Rico, the Virgin 
    Islands, Guam, American Samoa, the Northern Mariana Islands, and 
    Palau.
        (12) The term ``supportive housing'' means a project that meets 
    the requirements of section 11384 of this title.
        (13) The term ``supportive services'' means services under 
    section 11385 of this title.
        (14) The term ``urban county'' has the meaning given the term in 
    section 5302 of this title.

(Pub. L. 100-77, title IV, Sec. 422, as added Pub. L. 102-550, title 
XIV, Sec. 1403(a), Oct. 28, 1992, 106 Stat. 4014; amended Pub. L. 104-
330, title V, Sec. 506(a)(7), Oct. 26, 1996, 110 Stat. 4044.)


                            Prior Provisions

    A prior section 11382, Pub. L. 100-77, title IV, Sec. 422, July 22, 
1987, 101 Stat. 499; Pub. L. 100-242, title V, Sec. 570(i)(1), Feb. 5, 
1988, 101 Stat. 1950; Pub. L. 100-628, title IV, Secs. 441(a), 442(a), 
(b)(1), 443, 444, Nov. 7, 1988, 102 Stat. 3232, 3233; Pub. L. 101-625, 
title VIII, Sec. 833(b), (k)(1), Nov. 28, 1990, 104 Stat. 4362, 4364, 
defined terms for purposes of the supportive housing demonstration 
program, prior to repeal by Pub. L. 102-550, Sec. 1403(a).


                               Amendments

    1996--Par. (1). Pub. L. 104-330, Sec. 506(a)(7)(A), struck out 
``Indian tribe,'' after ``a State''.
    Par. (3). Pub. L. 104-330, Sec. 506(a)(7)(B), struck out par. (3) 
which read as follows: ``The term `Indian tribe' has the meaning given 
the term in section 5302(a) of this title.''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-330 effective Oct. 1, 1997, except as 
otherwise expressly provided, see section 107 of Pub. L. 104-330, set 
out as an Effective Date note under section 4101 of Title 25, Indians.
    Amendment by Pub. L. 104-330 applicable with respect to amounts made 
available for assistance under this subchapter for fiscal year 1998 and 
fiscal years thereafter, see section 506(c) of Pub. L. 104-330, set out 
as a note under section 11371 of this title.
