
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: 42USC12903]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
        CHAPTER 131--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
 
Sec. 12903. General authority


(a) Grants authorized

    The Secretary shall, to the extent of amounts approved in 
appropriations Acts under section 12912 of this title, make grants to 
States, units of general local government, and nonprofit organizations.

(b) Implementation of eligible activities

    A grantee shall carry out eligible activities under section 12904 of 
this title through project sponsors. Any grantee that is a State that 
enters into a contract with a nonprofit organization to carry out 
eligible activities in a locality shall obtain the approval of the unit 
of general local government for the locality before entering into the 
contract.

(c) Allocation of resources

                       (1) Formula allocation

        The Secretary shall allocate 90 percent of the amounts approved 
    in appropriation Acts under section 12912 of this title among States 
    and cities whose most recent comprehensive housing affordability 
    strategy (or abbreviated strategy) has been approved by the 
    Secretary under section 12705 of this title. Such amounts shall be 
    allocated as follows:
            (A) 75 percent among--
                (i) cities that are the most populous unit of general 
            local government in a metropolitan statistical area having a 
            population greater than 500,000 and more than 1,500 cases of 
            acquired immunodeficiency syndrome; and
                (ii) States with more than 1,500 cases of acquired 
            immunodeficiency syndrome outside of metropolitan 
            statistical areas described in clause (i); and

            (B) 25 percent among cities that (i) are the most populous 
        unit of general local government in a metropolitan statistical 
        area having a population greater than 500,000 and more than 
        1,500 cases of acquired immunodeficiency syndrome, and (ii) have 
        a higher than average per capita incidence of acquired 
        immunodeficiency syndrome.

    A single city may receive assistance allocated under subparagraph 
    (A) and subparagraph (B). For purposes of allocating amounts under 
    this paragraph for any fiscal year, the number of cases of acquired 
    immunodeficiency syndrome shall be the number of such cases reported 
    to and confirmed by the Director of the Centers for Disease Control 
    of the Public Health Service as of March 31 of the fiscal year 
    immediately preceding the fiscal year for which the amounts are 
    appropriated and to be allocated.

                          (2) Minimum grant

        Subject only to the availability of amounts pursuant to 
    appropriations Acts under section 12912 of this title, for each 
    fiscal year each eligible grantee under paragraph (1) shall receive 
    funding according to its proportionate share of the total, except 
    that each entity shall receive a minimum allocation of $200,000 from 
    subparagraphs (A) and (B) of paragraph (1) combined, and any 
    increase this entails from the formula amount will be deducted from 
    all other allocations exceeding $200,000 on a pro rata basis. If 
    allocation under subparagraph (A) of paragraph (1) would allocate 
    less than $200,000 for any State, the allocation for such State 
    shall be $200,000 and the amount of the increase under this sentence 
    shall be deducted on a pro rata basis from the allocations of the 
    other States, except that a reduction under this subparagraph may 
    not reduce the amount allocated to any eligible entity to less than 
    $200,000.

                      (3) Nonformula allocation

        (A) In general

            The Secretary shall allocate 10 percent of the amounts 
        appropriated under section 12912 of this title among--
                (i) States and units of general local government that do 
            not qualify for allocation of amounts under paragraph (1); 
            and
                (ii) States, units of general local government, and 
            nonprofit organizations, to fund special projects of 
            national significance.

        (B) Selection

            In selecting projects under this paragraph, the Secretary 
        shall consider (i) relative numbers of acquired immunodeficiency 
        syndrome cases and per capita acquired immunodeficiency syndrome 
        incidence; (ii) housing needs of eligible persons in the 
        community; (iii) extent of local planning and coordination of 
        housing programs for eligible persons; and (iv) the likelihood 
        of the continuation of State and local efforts.

        (C) National significance projects

            For the purpose of subparagraph (A)(ii), in selecting 
        projects of national significance the Secretary shall consider 
        (i) the need to assess the effectiveness of a particular model 
        for providing supportive housing for eligible persons; (ii) the 
        innovative nature of the proposed activity; and (iii) the 
        potential replicability of the proposed activity in other 
        similar localities or nationally.

(d) Applications

    Funds made available under this section shall be allocated among 
applications submitted by applicants and approved by the Secretary. 
Applications for assistance under this section shall be submitted by an 
applicant in such form and in accordance with such procedures as the 
Secretary shall establish. Such applications shall contain--
        (1) a description of the proposed activities;
        (2) a description of the size and characteristics of the 
    population that would be served by the proposed activities;
        (3) a description of the public and private resources that are 
    expected to be made available in connection with the proposed 
    activities;
        (4) assurances satisfactory to the Secretary that any property 
    purchased, leased, rehabilitated, renovated, or converted with 
    assistance under this section shall be operated for not less than 10 
    years for the purpose specified in the application, except as 
    otherwise specified in this chapter;
        (5) evidence in a form acceptable to the Secretary that the 
    proposed activities will meet urgent needs that are not being met by 
    available public and private sources; and
        (6) such other information or certifications that the Secretary 
    determines to be necessary to achieve the purposes of this section.

(e) Additional requirement for metropolitan areas

    In addition to the other requirements of this section, to be 
eligible for a grant to a metropolitan area under this section, the 
major city, urban county, and any city with a population of 50,000 or 
more in that metropolitan area shall establish or designate a 
governmental agency or organization for receipt and use of amounts 
received from a grant under this section and shall submit to the 
Secretary, together with the application under subsection (d) of this 
section a proposal for the operation of such agency or organization.

(f) Additional requirement for city formula grantees

    In addition to the other requirements of this section, to be 
eligible for a grant pursuant to subsection (c)(1) of this section, a 
city shall provide such assurances as the Secretary may require that any 
grant amounts received will be allocated among eligible activities in a 
manner that addresses the needs within the metropolitan statistical area 
in which the city is located, including areas not within the 
jurisdiction of the city. Any such city shall coordinate with other 
units of general local government located within the metropolitan 
statistical area to provide such assurances and comply with the 
assurances.

(Pub. L. 101-625, title VIII, Sec. 854, Nov. 28, 1990, 104 Stat. 4376; 
Pub. L. 102-550, title VI, Sec. 606(d), (j)(2), Oct. 28, 1992, 106 Stat. 
3807, 3810.)


                               Amendments

    1992--Subsec. (a). Pub. L. 102-550, Sec. 606(d)(1), substituted ``, 
units of general local government, and nonprofit organizations'' for 
``and units of general local government''.
    Subsec. (b). Pub. L. 102-550, Sec. 606(d)(2), added subsec. (b) and 
struck out former subsec. (b) which read as follows: ``Eligibility.--A 
jurisdiction shall be eligible to receive a grant only if it has 
obtained an approved housing strategy (or an approved abbreviated 
housing strategy) in accordance with section 12705 of this title. A 
grantee shall carry out activities authorized under this chapter through 
contracts with project sponsors, except that a grantee that is a State 
shall obtain the approval of the unit of general local government for 
the locality in which a project is to be located prior to entering into 
such contracts.''
    Subsec. (c)(1). Pub. L. 102-550, Sec. 606(d)(3), added par. (1) and 
struck out former par. (1) which read as follows: ``In general.--90 
percent of the amounts approved in appropriations Acts under section 
12912 of this title shall be allocated among eligible grantees on the 
basis of the incidence of acquired immunodeficiency syndrome. Of the 
amounts made available under the previous sentence, the Secretary shall 
allocate--
        ``(A) 75 percent among units of general local government located 
    in metropolitan statistical areas with populations in excess of 
    500,000 and more than 1,500 cases of acquired immunodeficiency 
    syndrome and States with more than 1,500 cases of acquired 
    immunodeficiency syndrome outside of metropolitan statistical areas 
    described in subparagraph (A), and
        ``(B) 25 percent among units of general local government in 
    metropolitan statistical areas with populations in excess of 500,000 
    and more than 1,500 cases of acquired immunodeficiency syndrome, 
    that have a higher than average per capita incidence of acquired 
    immunodeficiency syndrome.''
    Subsec. (c)(3). Pub. L. 102-550, Sec. 606(d)(4)(A), substituted 
``Nonformula allocation'' for ``Noneligible grantees'' in heading.
    Subsec. (c)(3)(A). Pub. L. 102-550, Sec. 606(d)(4)(B), added subpar. 
(A) and struck out former subpar. (A) which read as follows: ``In 
general.--10 percent of the amounts appropriated under section 12912 of 
this title shall be distributed to grantees and recipients by the 
Secretary--
        ``(i) to meet housing needs in States and localities that do not 
    qualify under paragraph (1), or that do qualify under paragraph (1) 
    but do not have an approved housing strategy under section 12705 of 
    this title, and
        ``(ii) to fund special projects of national significance.''
    Subsec. (c)(3)(B), (C). Pub. L. 102-550, Sec. 606(j)(2), substituted 
``eligible persons'' for ``persons with acquired immunodeficiency 
syndrome'' wherever appearing.
    Subsec. (d). Pub. L. 102-550, Sec. 606(d)(5), substituted 
``applications submitted by applicants and approved by the Secretary'' 
for ``approvable applications submitted by eligible applicants'' in 
first sentence.
    Subsec. (e). Pub. L. 102-550, Sec. 606(d)(6), substituted ``other 
requirements of this section'' for ``requirements of subsection (b) of 
this section''.
    Subsec. (f). Pub. L. 102-550, Sec. 606(d)(7), added subsec. (f).

                         Change of Name

    Centers for Disease Control changed to Centers for Disease Control 
and Prevention by Pub. L. 102-531, title III, Sec. 312, Oct. 27, 1992, 
106 Stat. 3504.

                  Section Referred to in Other Sections

    This section is referred to in section 12904 of this title.
