
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC11392]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 119--HOMELESS ASSISTANCE
 
                    SUBCHAPTER IV--HOUSING ASSISTANCE
 
   Part D--Safe Havens for Homeless Individuals Demonstration Program
 
Sec. 11392. Definitions

    For purposes of this part:

                            (1) Applicant

        The term ``applicant'' means a nonprofit corporation, public 
    nonprofit organization, State, or unit of general local government.

                         (2) Eligible person

        The term ``eligible person'' means an individual who--
            (A) is seriously mentally ill and resides primarily in a 
        public or private place not designed for, or ordinarily used as, 
        a regular sleeping accommodation for human beings, which may 
        include occasional residence in an emergency shelter; and
            (B) is currently unwilling or unable to participate in 
        mental health or substance abuse treatment programs or to 
        receive other supportive services.

    Such term does not include a person whose sole impairment is 
    substance abuse.

                            (3) Facility

        The term ``facility'' means a structure or a clearly 
    identifiable portion of a structure that is assisted under this 
    part.

                (4) Low-demand services and referrals

        The term ``low-demand services and referrals'' means the 
    provision of health care, mental health, substance abuse, and other 
    supportive services and referrals for services in a noncoercive 
    manner, which may include medication management, education, 
    counseling, job training, and assistance in obtaining entitlement 
    benefits and in obtaining other supportive services including mental 
    health treatment and substance abuse treatment.

                     (5) Nonprofit organization

        The term ``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.

                         (6) Operating costs

        The term ``operating costs'' means expenses incurred by a 
    recipient operating a safe haven under this part with respect to--
            (A) the operation of the facility, including the cost of 24-
        hour management, and maintenance, repair, and security;
            (B) utilities, fuel, furnishings, and equipment for such 
        housing; and
            (C) other reasonable costs necessary to the operation of the 
        facility, which may include appropriate outreach and drop-in 
        services.

                            (7) Recipient

        The term ``recipient'' means an applicant that receives 
    assistance under this part.

                           (8) Safe haven

        The term ``safe haven'' means a facility--
            (A) that provides 24-hour residence for eligible persons who 
        may reside for an unspecified duration;
            (B) that provides private or semiprivate accommodations;
            (C) that may provide for the common use of kitchen 
        facilities, dining rooms, and bathrooms;
            (D) that may provide supportive services to eligible persons 
        who are not residents on a drop-in basis; and
            (E) in which overnight occupancy is limited to no more than 
        25 persons.

                            (9) Secretary

        The term ``Secretary'' means the Secretary of Housing and Urban 
    Development.

                     (10) Seriously mentally ill

        The term ``seriously mentally ill'' means having a severe and 
    persistent mental or emotional impairment that seriously limits a 
    person's ability to live independently.

                             (11) State

        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) Unit of general local government

        The term ``unit of general local government'' has the meaning 
    given the term in section 5302(a) of this title.

(Pub. L. 100-77, title IV, Sec. 432, as added Pub. L. 102-550, title 
XIV, Sec. 1404, Oct. 28, 1992, 106 Stat. 4022.)


                            Prior Provisions

    A prior section 11392, Pub. L. 100-77, title IV, Sec. 432, July 22, 
1987, 101 Stat. 505; Pub. L. 100-628, title IV, Secs. 461-463(a), Nov. 
7, 1988, 102 Stat. 3236, 3237; Pub. L. 101-625, title VIII, Sec. 834(b)-
(d), Nov. 28, 1990, 104 Stat. 4365, 4366, provided for supplemental 
assistance for facilities to assist the homeless, prior to repeal by 
Pub. L. 102-550, Sec. 1403(a).
