§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.
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Prior Provisions
A prior section 11392,