34 U.S.C. § 12473 — Definitions

Page 376 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12472 1 So in original. Probably should be ‘‘section’’. 2 So in original. Probably should be ‘‘Cranston-Gonzalez’’. 3 So in original. The semicolon probably should be a period. Editorial Notes CODIFICATION Section was formerly classified to section 14043e of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 12472. Purpose The purpose of this subpart is to reduce do- mestic violence, dating violence, sexual assault, and stalking, and to prevent homelessness by— (1) protecting the safety of victims of domes- tic violence, dating violence, sexual assault, and stalking who reside in homeless shelters, public housing, assisted housing, tribally des- ignated housing, or other emergency, transi- tional, permanent, or affordable housing, and ensuring that such victims have meaningful access to the criminal justice system without jeopardizing such housing; (2) creating long-term housing solutions that develop communities and provide sustain- able living solutions for victims of domestic violence, dating violence, sexual assault, and stalking; (3) building collaborations among victim service providers, homeless service providers, housing providers, and housing agencies to provide appropriate services, interventions, and training to address the housing needs of victims of domestic violence, dating violence, sexual assault, and stalking; and (4) enabling public and assisted housing agencies, tribally designated housing entities, private landlords, property management com- panies, and other housing providers and agen- cies to respond appropriately to domestic vio- lence, dating violence, sexual assault, and stalking, while maintaining a safe environ- ment for all housing residents. (Pub. L. 103–322, title IV, § 41402, as added Pub. L. 109–162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3031; amended Pub. L. 113–4, title VI, § 601(a)(2), Mar. 7, 2013, 127 Stat. 102.) Editorial Notes CODIFICATION Section was formerly classified to section 14043e–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2013—Pub. L. 113–4 substituted ‘‘subpart’’ for ‘‘part’’ in introductory provisions. § 12473. Definitions For purposes of this subpart— (1) the term ‘‘assisted housing’’ means hous- ing assisted— (A) under sections 1 1715e, 1715k, 1715l(d)(3), 1715l(d)(4), 1715n(e), 1715v, or 1715z–1 of title 12; (B) under section 1701s of title 12; (C) under section 1701q of title 12; (D) under section 811 of the Cranston- Gonzales 2 National Affordable Housing Act (42 U.S.C. 8013); (E) under title II of the Cranston- Gonzales 2 National Affordable Housing Act [42 U.S.C. 12721 et seq.]; (F) under subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.); (G) under title I of the Housing and Com- munity Development Act of 1974 (42 U.S.C. 5301 et seq.); or (H) under section 1437f of title 42; (2) the term ‘‘continuum of care’’ means a community plan developed to organize and de- liver housing and services to meet the specific needs of people who are homeless as they move to stable housing and achieve maximum self- sufficiency; (3) the term ‘‘low-income housing assistance voucher’’ means housing assistance described in section 1437f of title 42; (4) the term ‘‘public housing’’ means housing described in section 1437a(b)(1) of title 42; (5) the term ‘‘public housing agency’’ means an agency described in section 1437a(b)(6) of title 42; (6) the terms ‘‘homeless’’, ‘‘homeless indi- vidual’’, and ‘‘homeless person’’— (A) mean an individual who lacks a fixed, regular, and adequate nighttime residence; and (B) includes— (i) an individual who— (I) is sharing the housing of other per- sons due to loss of housing, economic hardship, or a similar reason; (II) is living in a motel, hotel, trailer park, or campground due to the lack of alternative adequate accommodations; (III) is living in an emergency or tran- sitional shelter; (IV) is abandoned in a hospital; or (V) is awaiting foster care placement; (ii) an individual who has a primary nighttime residence that is a public or pri- vate place not designed for or ordinarily used as a regular sleeping accommodation for human beings; or (iii) migratory children (as defined in section 6399 of title 20) who qualify as homeless under this section because the children are living in circumstances de- scribed in this paragraph; (7) the term ‘‘homeless service provider’’ means a nonprofit, nongovernmental homeless service provider, such as a homeless shelter, a homeless service or advocacy program, a trib- al organization serving homeless individuals, or coalition or other nonprofit, nongovern- mental organization carrying out a commu- nity-based homeless or housing program that has a documented history of effective work concerning homelessness; (8) the term ‘‘tribally designated housing’’ means housing assistance described in the Na- tive American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4101 et seq.); and (9) the term ‘‘tribally designated housing en- tity’’ means a housing entity described in the Native American Housing Assistance and Self- Determination Act of 1996 (25 U.S.C. 4103(21)); 3 Page 377 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 12474 (Pub. L. 103–322, title IV, § 41403, as added Pub. L. 109–162, title VI, § 601, Jan. 5, 2006, 119 Stat. 3031; amended Pub. L. 113–4, title VI, § 601(a)(3), Mar. 7, 2013, 127 Stat. 102.) Editorial Notes REFERENCES IN TEXT The Cranston-Gonzalez National Affordable Housing Act, referred to in par. (1)(E), (F), is Pub. L. 101–625, Nov. 28, 1990, 104 Stat. 4079. Title II of the Act, known as the HOME Investment Partnerships Act, is classified principally to subchapter II (§ 12721 et seq.) of chapter 130 of Title 42, The Public Health and Welfare. Subtitle D of title VIII of the Act, known as the AIDS Housing Opportunity Act, is classified generally to chapter 131 (§ 12901 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 12701 of Title 42 and Tables. The Housing and Community Development Act of 1974, referred to in par. (1)(G), is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is classified prin- cipally to chapter 69 (§ 5301 et seq.) of Title 42, The Pub- lic Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of Title 42 and Tables. The Native American Housing Assistance and Self- Determination Act of 1996, referred to in pars. (8) and (9), is Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016, which is classified principally to chapter 43 (§ 4101 et seq.) of Title 25, Indians. Par. (21) of section 4103 of Title 25 was redesignated par. (22) by Pub. L. 110–411, § 3(2), Oct. 14, 2008, 122 Stat. 4320. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 4101 of Title 25 and Tables. CODIFICATION Section was formerly classified to section 14043e–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2013—Pub. L. 113–4 substituted ‘‘subpart’’ for ‘‘part’’ in introductory provisions. § 12474. Collaborative grants to increase the long-term stability of victims (a) Grants authorized (1) In general The Secretary of Health and Human Serv- ices, acting through the Administration for Children and Families, in partnership with the Secretary of Housing and Urban Development, shall award grants, contracts, or cooperative agreements for a period of not less than 2 years to eligible entities to develop long-term sustainability and self-sufficiency options for adult and youth victims of domestic violence, dating violence, sexual assault, and stalking who are currently homeless or at risk for be- coming homeless. (2) Amount The Secretary of Health and Human Serv- ices shall award funds in amounts— (A) not less than $25,000 per year; and (B) not more than $1,000,000 per year. (b) Eligible entities To be eligible to receive funds under this sec- tion, an entity shall demonstrate that it is a co- alition or partnership, applying jointly, that— (1) shall include a domestic violence victim service provider; (2) shall include— (A) a homeless service provider; (B) a nonprofit, nongovernmental commu- nity housing development organization or a Department of Agriculture rural housing service program; or (C) in the absence of a homeless service provider on tribal lands or nonprofit, non- governmental community housing develop- ment organization on tribal lands, a tribally designated housing entity or tribal housing consortium; (3) may include a dating violence, sexual as- sault, or stalking victim service provider; (4) may include housing developers, housing corporations, State housing finance agencies, other housing agencies, and associations rep- resenting landlords; (5) may include a public housing agency or tribally designated housing entity; (6) may include tenant organizations in pub- lic or tribally designated housing, as well as nonprofit, nongovernmental tenant organiza- tions; (7) may include other nonprofit, nongovern- mental organizations participating in the De- partment of Housing and Urban Development’s Continuum of Care process; (8) may include a State, tribal, territorial, or local government or government agency; and (9) may include any other agencies or non- profit, nongovernmental organizations with the capacity to provide effective help to adult and youth victims of domestic violence, dating violence, sexual assault, or stalking. (c) Application Each eligible entity seeking funds under this section shall submit an application to the Sec- retary of Health and Human Services at such time, in such manner, and containing such in- formation as the Secretary of Health and Human Services may require. (d) Use of funds Funds awarded to eligible entities under sub- section (a) shall be used to design or replicate and implement new activities, services, and pro- grams to increase the stability and self-suffi- ciency of, and create partnerships to develop long-term housing options for adult and youth victims of domestic violence, dating violence, sexual assault, or stalking, and their depend- ents, who are currently homeless or at risk of becoming homeless. Such activities, services, or programs— (1) shall develop sustainable long-term living solutions in the community by— (A) coordinating efforts and resources among the various groups and organizations comprised in the entity to access existing private and public funding; (B) assisting with the placement of indi- viduals and families in long-term housing; and (C) providing services to help individuals or families find and maintain long-term housing, including financial assistance and support services; (2) may develop partnerships with individ- uals, organizations, corporations, or other en-