42 U.S.C. § 11360 — Definitions

Page 8147 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11360 1 So in original. Probably should be ‘‘of this’’. U.S.C. 11361 note). The amendment made by such sec- tion 821 of such Act shall not take effect.’’ PART A—GENERAL PROVISIONS Editorial Notes CODIFICATION Pub. L. 111–22, div. B, title I, § 1101(1), May 20, 2009, 123 Stat. 1669, substituted ‘‘General Provisions’’ for ‘‘Com- prehensive Homeless Assistance Plan’’ in heading. § 11360. Definitions For purposes of this subchapter: (1) At risk of homelessness The term ‘‘at risk of homelessness’’ means, with respect to an individual or family, that the individual or family— (A) has income below 30 percent of median income for the geographic area; (B) has insufficient resources immediately available to attain housing stability; and (C)(i) has moved frequently because of eco- nomic reasons; (ii) is living in the home of another be- cause of economic hardship; (iii) has been notified that their right to occupy their current housing or living situa- tion will be terminated; (iv) lives in a hotel or motel; (v) lives in severely overcrowded housing; (vi) is exiting an institution; or (vii) otherwise lives in housing that has characteristics associated with instability and an increased risk of homelessness. Such term includes all families with children and youth defined as homeless under other Federal statutes. (2) Chronically homeless (A) In general The term ‘‘chronically homeless’’ means, with respect to an individual or family, that the individual or family— (i) is homeless and lives or resides in a place not meant for human habitation, a safe haven, or in an emergency shelter; (ii) has been homeless and living or re- siding in a place not meant for human hab- itation, a safe haven, or in an emergency shelter continuously for at least 1 year or on at least 4 separate occasions in the last 3 years; and (iii) has an adult head of household (or a minor head of household if no adult is present in the household) with a diagnosable substance use disorder, serious mental illness, developmental disability (as defined in section 15002 of this title), post traumatic stress disorder, cognitive impairments resulting from a brain injury, or chronic physical illness or disability, including the co-occurrence of 2 or more of those conditions. (B) Rule of construction A person who currently lives or resides in an institutional care facility, including a jail, substance abuse or mental health treat- ment facility, hospital or other similar facil- ity, and has resided there for fewer than 90 days shall be considered chronically home- less if such person met all of the require- ments described in subparagraph (A) prior to entering that facility. (3) Collaborative applicant The term ‘‘collaborative applicant’’ means an entity that— (A) carries out the duties specified in sec- tion 11360a of this title; (B) serves as the applicant for project sponsors who jointly submit a single appli- cation for a grant under part C in accord- ance with a collaborative process; and (C) if the entity is a legal entity and is awarded such grant, receives such grant di- rectly from the Secretary. (4) Collaborative application The term ‘‘collaborative application’’ means an application for a grant under part C that— (A) satisfies section 11382 of this title; and (B) is submitted to the Secretary by a col- laborative applicant. (5) Consolidated Plan The term ‘‘Consolidated Plan’’ means a com- prehensive housing affordability strategy and community development plan required in part 91 of title 24, Code of Federal Regulations. (6) Eligible entity The term ‘‘eligible entity’’ means, with re- spect to a part, a public entity, a private enti- ty, or an entity that is a combination of public and private entities, that is eligible to directly receive grant amounts under such part. (7) Families with children and youth defined as homeless under other Federal statutes The term ‘‘families with children and youth defined as homeless under other Federal stat- utes’’ means any children or youth that are defined as ‘‘homeless’’ under any Federal stat- ute other than this part, but are not defined as homeless under section 11302 of this title, and shall also include the parent, parents, or guardian of such children or youth under part B of subchapter VI this 1 chapter (42 U.S.C. 11431 et seq.). (8) Formula area The term ‘‘formula area’’ has the meaning given the term in section 1000.302 of title 24, Code of Federal Regulations, or any successor regulation. (9) Geographic area The term ‘‘geographic area’’ means a State, metropolitan city, urban county, town, vil- lage, or other nonentitlement area, a formula area, or a combination or consortia of such, in the United States, as described in section 5306 of this title. (10) Homeless individual with a disability (A) In general The term ‘‘homeless individual with a dis- ability’’ means an individual who is home- less, as defined in section 11302 of this title, and has a disability that— Page 8148 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11360 (i)(I) is expected to be long-continuing or of indefinite duration; (II) substantially impedes the individ- ual’s ability to live independently; (III) could be improved by the provision of more suitable housing conditions; and (IV) is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse, post trau- matic stress disorder, or brain injury; (ii) is a developmental disability, as de- fined in section 15002 of this title; or (iii) is the disease of acquired immuno- deficiency syndrome or any condition aris- ing from the etiologic agency for acquired immunodeficiency syndrome. (B) Rule Nothing in clause (iii) of subparagraph (A) shall be construed to limit eligibility under clause (i) or (ii) of subparagraph (A). (11) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given the term ‘‘Indian tribe’’ in section 4103 of title 25. (12) Legal entity The term ‘‘legal entity’’ means— (A) an entity described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title; (B) an instrumentality of State or local government; or (C) a consortium of instrumentalities of State or local governments that has con- stituted itself as an entity. (13) Metropolitan city; urban county; non- entitlement area The terms ‘‘metropolitan city’’, ‘‘urban county’’, and ‘‘nonentitlement area’’ have the meanings given such terms in section 5302(a) of this title. (14) New The term ‘‘new’’ means, with respect to housing, that no assistance has been provided under this subchapter for the housing. (15) Operating costs The term ‘‘operating costs’’ means expenses incurred by a project sponsor operating transi- tional housing or permanent housing under this subchapter with respect to— (A) the administration, maintenance, re- pair, and security of such housing; (B) utilities, fuel, furnishings, and equip- ment for such housing; or (C) coordination of services as needed to ensure long-term housing stability. (16) Outpatient health services The term ‘‘outpatient health services’’ means outpatient health care services, mental health services, and outpatient substance abuse services. (17) Permanent housing The term ‘‘permanent housing’’ means com- munity-based housing without a designated length of stay, and includes both permanent supportive housing and permanent housing without supportive services. (18) Personally identifying information The term ‘‘personally identifying informa- tion’’ means individually identifying informa- tion for or about an individual, including in- formation likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, including— (A) a first and last name; (B) a home or other physical address; (C) contact information (including a post- al, e-mail or Internet protocol address, or telephone or facsimile number); (D) a social security number; and (E) any other information, including date of birth, racial or ethnic background, or reli- gious affiliation, that, in combination with any other non-personally identifying infor- mation, would serve to identify any indi- vidual. (19) Private nonprofit organization The term ‘‘private nonprofit organization’’ means an organization— (A) no part of the net earnings of which in- ures 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. (20) Project The term ‘‘project’’ means, with respect to activities carried out under part C, eligible ac- tivities described in section 11383(a) of this title, undertaken pursuant to a specific en- deavor, such as serving a particular popu- lation or providing a particular resource. (21) Project-based The term ‘‘project-based’’ means, with re- spect to rental assistance, that the assistance is provided pursuant to a contract that— (A) is between— (i) the recipient or a project sponsor; and (ii) an owner of a structure that exists as of the date the contract is entered into; and (B) provides that rental assistance pay- ments shall be made to the owner and that the units in the structure shall be occupied by eligible persons for not less than the term of the contract. (22) Project sponsor The term ‘‘project sponsor’’ means, with re- spect to proposed eligible activities, the orga- nization directly responsible for carrying out the proposed eligible activities. (23) Recipient Except as used in part B, the term ‘‘recipi- ent’’ means an eligible entity who— (A) submits an application for a grant under section 11382 of this title that is ap- proved by the Secretary; (B) receives the grant directly from the Secretary to support approved projects de- scribed in the application; and Page 8149 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11360 (C)(i) serves as a project sponsor for the projects; or (ii) awards the funds to project sponsors to carry out the projects. (24) Secretary The term ‘‘Secretary’’ means the Secretary of Housing and Urban Development. (25) Serious mental illness The term ‘‘serious mental illness’’ means a severe and persistent mental illness or emo- tional impairment that seriously limits a per- son’s ability to live independently. (26) Solo applicant The term ‘‘solo applicant’’ means an entity that is an eligible entity, directly submits an application for a grant under part C to the Secretary, and, if awarded such grant, receives such grant directly from the Secretary. (27) Sponsor-based The term ‘‘sponsor-based’’ means, with re- spect to rental assistance, that the assistance is provided pursuant to a contract that— (A) is between— (i) the recipient or a project sponsor; and (ii) an independent entity that— (I) is a private organization; and (II) owns or leases dwelling units; and (B) provides that rental assistance pay- ments shall be made to the independent en- tity and that eligible persons shall occupy such assisted units. (28) State Except as used in part B, the term ‘‘State’’ means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. (29) Supportive services The term ‘‘supportive services’’ means serv- ices that address the special needs of people served by a project, including— (A) the establishment and operation of a child care services program for families ex- periencing homelessness; (B) the establishment and operation of an employment assistance program, including providing job training; (C) the provision of outpatient health serv- ices, food, and case management; (D) the provision of assistance in obtaining permanent housing, employment counseling, and nutritional counseling; (E) the provision of outreach services, ad- vocacy, life skills training, and housing search and counseling services; (F) the provision of mental health serv- ices, trauma counseling, and victim services; (G) the provision of assistance in obtaining other Federal, State, and local assistance available for residents of supportive housing (including mental health benefits, employ- ment counseling, and medical assistance, but not including major medical equipment); (H) the provision of legal services for pur- poses including requesting reconsiderations and appeals of veterans and public benefit claim denials and resolving outstanding war- rants that interfere with an individual’s ability to obtain and retain housing; (I) the provision of— (i) transportation services that facilitate an individual’s ability to obtain and main- tain employment; and (ii) health care; and (J) other supportive services necessary to obtain and maintain housing. (30) Tenant-based The term ‘‘tenant-based’’ means, with re- spect to rental assistance, assistance that— (A) allows an eligible person to select a housing unit in which such person will live using rental assistance provided under part C, except that if necessary to assure that the provision of supportive services to a person participating in a program is feasible, a re- cipient or project sponsor may require that the person live— (i) in a particular structure or unit for not more than the first year of the partici- pation; (ii) within a particular geographic area for the full period of the participation, or the period remaining after the period re- ferred to in subparagraph (A); and (B) provides that a person may receive such assistance and move to another struc- ture, unit, or geographic area if the person has complied with all other obligations of the program and has moved out of the as- sisted dwelling unit in order to protect the health or safety of an individual who is or has been the victim of domestic violence, dating violence, sexual assault, or stalking, and who reasonably believed he or she was imminently threatened by harm from fur- ther violence if he or she remained in the as- sisted dwelling unit. (31) Transitional housing The term ‘‘transitional housing’’ means housing the purpose of which is to facilitate the movement of individuals and families ex- periencing homelessness to permanent housing within 24 months or such longer period as the Secretary determines necessary. (32) Unified funding agency The term ‘‘unified funding agency’’ means a collaborative applicant that performs the du- ties described in section 11360a(g) of this title. (33) Underserved populations The term ‘‘underserved populations’’ in- cludes populations underserved because of geo- graphic location, underserved racial and eth- nic populations, populations underserved be- cause of special needs (such as language bar- riers, disabilities, alienage status, or age), and any other population determined to be under- served by the Secretary, as appropriate. (34) Victim service provider The term ‘‘victim service provider’’ means a private nonprofit organization whose primary mission is to provide services to victims of do- mestic violence, dating violence, sexual as- Page 8150 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11360a sault, or stalking. Such term includes rape crisis centers, battered women’s shelters, do- mestic violence transitional housing pro- grams, and other programs. (35) Victim services The term ‘‘victim services’’ means services that assist domestic violence, dating violence, sexual assault, or stalking victims, including services offered by rape crisis centers and do- mestic violence shelters, and other organiza- tions, with a documented history of effective work concerning domestic violence, dating vi- olence, sexual assault, or stalking. (Pub. L. 100–77, title IV, § 401, as added Pub. L. 111–22, div. B, title I, § 1101(3), May 20, 2009, 123 Stat. 1669; amended Pub. L. 116–260, div. Q, title I, § 102(a)(1), Dec. 27, 2020, 134 Stat. 2165.) Editorial Notes PRIOR PROVISIONS A prior section 401 of Pub. L. 100–77 was renumbered section 403 and is classified to section 11361 of this title. AMENDMENTS 2020—Par. (8). Pub. L. 116–260, § 102(a)(1)(C), added par. (8). Former par. (8) redesignated (9). Par. (9). Pub. L. 116–260, § 102(a)(1)(B), (D), redesig- nated par. (8) as (9) and inserted ‘‘a formula area,’’ after ‘‘nonentitlement area,’’. Par. (10). Pub. L. 116–260, § 102(a)(1)(B), redesignated par. (9) as (10). Former par. (10) redesignated (12). Par. (11). Pub. L. 116–260, § 102(a)(1)(E), added par. (11). Former par. (11) redesignated (13). Pars. (12) to (35). Pub. L. 116–260, § 102(a)(1)(A), redes- ignated pars. (10) to (33) as (12) to (35), respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the earlier of 18 months after May 20, 2009, or 3 months after publication of certain final regulations by Secretary of Housing and Urban Development, see section 1503 of Pub. L. 111–22, set out as an Effective Date of 2009 Amendment note under sec- tion 11302 of this title. HEARTH ACT TECHNICAL CORRECTIONS Pub. L. 112–141, div. F, title II, § 100261, July 6, 2012, 126 Stat. 978, provided that: ‘‘For purposes of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360 et seq.)— ‘‘(1) the term ‘local government’ includes an instru- mentality of a unit of general purpose local govern- ment other than a public housing agency that is es- tablished pursuant to legislation and designated by the chief executive to act on behalf of the local gov- ernment with regard to activities funded under such title IV and includes a combination of general pur- pose local governments, such as an association of governments, that is recognized by the Secretary of Housing and Urban Development; ‘‘(2) the term ‘State’ includes any instrumentality of any of the several States designated by the Gov- ernor to act on behalf of the State and does not in- clude the District of Columbia; ‘‘(3) for purposes of environmental review, the Sec- retary of Housing and Urban Development shall con- tinue to permit assistance and projects to be treated as assistance for special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and subject to the regulations issued by the Secretary of Housing and Urban Development to implement such section; and ‘‘(4) a metropolitan city and an urban county that each receive an allocation under such title IV and are located within a geographic area that is covered by a single continuum of care may jointly request the Secretary of Housing and Urban Development to per- mit the urban county or the metropolitan city, as agreed to by such county and city, to receive and ad- minister their combined allocations under a single grant.’’ DEFINITIONS For provisions relating to definitions of ‘‘State’’ and ‘‘local government’’ as used in this section, see section 100261 of Pub. L. 112–141, set out as a HEARTH Act Technical Corrections note above. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 11360a. Collaborative applicants (a) Establishment and designation A collaborative applicant shall be established for a geographic area by the relevant parties in that geographic area to— (1) submit an application for amounts under this part; and (2) perform the duties specified in subsection (f) and, if applicable, subsection (g). (b) No requirement to be a legal entity An entity may be established to serve as a col- laborative applicant under this section without being a legal entity. (c) Remedial action If the Secretary finds that a collaborative ap- plicant for a geographic area does not meet the requirements of this section, or if there is no collaborative applicant for a geographic area, the Secretary may take remedial action to en- sure fair distribution of grant amounts under part C to eligible entities within that area. Such measures may include designating another body as a collaborative applicant, or permitting other eligible entities to apply directly for grants. (d) Construction Nothing in this section shall be construed to displace conflict of interest or government fair practices laws, or their equivalent, that govern applicants for grant amounts under parts B and C. (e) Appointment of agent (1) In general Subject to paragraph (2), a collaborative ap- plicant may designate an agent to— (A) apply for a grant under section 11382(c) of this title; (B) receive and distribute grant funds awarded under part C; and (C) perform other administrative duties. (2) Retention of duties Any collaborative applicant that designates an agent pursuant to paragraph (1) shall re- gardless of such designation retain all of its duties and responsibilities under this sub- chapter.