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42 U.S.C. § 12903 — General authority

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42 U.S.C. § 12903 — General authority

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Stable record: federal_law:legal_authorities:record_usc_c34b65bc95deab249e3983e5
Source file: Laws/federal/codes/united-states-code/title-42/section-12903-general-authority--4864e00067.md
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Source location: Title 42, Chapter 131, § 12903; chapter-131-housing-opportunities-for-persons-with-aids.md

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**(a) Grants authorized** The Secretary shall, to the extent of amounts approved in appropriations Acts under [section 12912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12912&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12904&num=0&edition=prelim) 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) **Allocation of resources** (A) *Allocation formula* — The Secretary shall allocate 90 percent of the amount approved in appropriations Acts under [section 12912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12912&num=0&edition=prelim) among States and metropolitan statistical areas as follows: (I) 11 So in original. Probably should be “(i)”. 75 percent of such amounts among— (I) cities that are the most populous unit of general local government in a metropolitan statistical area with a population greater than 500,000, as determined on the basis of the most recent census, and with more than 2,000 individuals living with HIV or AIDS, using the data specified in subparagraph (B); and (II) States with more than 2,000 individuals living with HIV or AIDS outside of metropolitan statistical areas. (ii) 25 percent of such amounts among States and metropolitan statistical areas based on the method described in subparagraph (C). (B) *Source of data* — For purposes of allocating amounts under this paragraph for any fiscal year, the number of individuals living with HIV or AIDS shall be the number of such individuals as confirmed by the Director of the Centers for Disease Control and Prevention, as of December 31 of the most recent calendar year for which such data is available. (C) *Allocation under subparagraph (A)(ii)* — For purposes of allocating amounts under subparagraph (A)(ii), the Secretary shall develop a method that accounts for— (I) 1 differences in housing costs among States and metropolitan statistical areas based on the fair market rental established pursuant to [section 1437f(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437f/c&num=0&edition=prelim) or another methodology established by the Secretary through regulation; and **(ii)** differences in poverty rates among States and metropolitan statistical areas based on area poverty indexes or another methodology established by the Secretary through regulation. (2) Maintaining grants(A) Continued eligibility of fiscal year 2016 granteesA grantee that received an allocation in fiscal year 2016 shall continue to be eligible for allocations under paragraph (1) in subsequent fiscal years, subject to—(i) the amounts available from appropriations Acts under [section 12912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12912&num=0&edition=prelim); **(ii)** approval by the Secretary of the most recent comprehensive housing affordability strategy for the grantee approved under [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim); 22 See References in Text note below. and **(iii)** the requirements of subparagraph (C). (B) AdjustmentsAllocations to grantees described in subparagraph (A) shall be adjusted annually based on the administrative provisions included in fiscal year 2016 appropriations Acts. (C) Redetermination of continued eligibilityThe Secretary shall redetermine the continued eligibility of a grantee that received an allocation in fiscal year 2016 at least once during the 10-year period following fiscal year 2016. (D) Adjustment to grantsFor each of fiscal years 2017, 2018, 2019, 2020, and 2021, with respect to a grantee that received an allocation in the prior fiscal year, the Secretary shall ensure that the grantee’s share of total formula funds available for allocation does not decrease more than 5 percent nor gain more than 10 percent of the share of the total available formula funds that the grantee received in the preceding fiscal year. (3) **Alternative grantees** (A) *Requirements* — The Secretary may award funds reserved for a grantee eligible under paragraph (1) to an alternative grantee if— (I) 1 the grantee submits to the Secretary a written agreement between the grantee and the alternative grantee that describes how the alternative grantee will take actions consistent with the applicable comprehensive housing affordability strategy approved under [section 12705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12705&num=0&edition=prelim); 2 (ii) the Secretary approves the written agreement described in clause (I) and agrees to award funds to the alternative grantee; and **(iii)** the written agreement does not exceed a term of 10 years. (B) RenewalAn agreement approved pursuant to subparagraph (A) may be renewed by the parties with the approval of the Secretary. (C) DefinitionIn this paragraph, the term “alternative grantee” means a public housing agency (as defined in [section 1437a(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1437a/b&num=0&edition=prelim)), a unified funding agency (as defined in [section 11360 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11360&num=0&edition=prelim)), a State, a unit of general local government, or an instrumentality of State or local government. (4) **Reallocations** — If a State or metropolitan statistical area declines an allocation under paragraph (1)(A), or the Secretary determines, in accordance with criteria specified in regulation, that a State or metropolitan statistical area that is eligible for an allocation under paragraph (1)(A) is unable to properly administer such allocation, the Secretary shall reallocate any funds reserved for such State or metropolitan statistical area as follows: (A) For funds reserved for a State— (I) 1 to eligible metropolitan statistical areas within the State on a pro rata basis; or (ii) if there is no eligible metropolitan statistical areas within a State, to metropolitan cities and urban counties within the State that are eligible for grant under [section 5306 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5306&num=0&edition=prelim), on a pro rata basis. (B) For funds reserved for a metropolitan statistical area, to the State in which the metropolitan statistical area is located. (C) If the Secretary is unable to make a reallocation under subparagraph (A) or (B), the Secretary shall make such funds available on a pro rata basis under the formula in paragraph (1)(A). (5) **Nonformula allocation** (A) *In general* — The Secretary shall allocate 10 percent of the amounts appropriated under [section 12912 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12912&num=0&edition=prelim) 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) 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), 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.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12904 — Eligible activities

Grants allocated under this chapter shall be available only for approved activities to carry out strategies designed to prevent homelessness among eligible persons. Approved activities shall include activities that— (1) enable public and nonprofit organizations or agencies to provide housing information to such persons and coordinate efforts to expand housing assistance resources for such persons under [section 12906 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12906&num=0&edition=prelim); (2) facilitate the development and operation of shelter and services for such persons under [section 12907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12907&num=0&edition=prelim); (3) provide rental assistance to such persons under [section 12908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12908&num=0&edition=prelim); (4) facilitate (through project-based rental assistance or other means) the moderate rehabilitation of single room occupancy dwellings (SROs) that would be made available only to such persons under [section 12909 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12909&num=0&edition=prelim); (5) facilitate the development of community residences for eligible persons under [section 12910 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12910&num=0&edition=prelim); (6) carry out other activities that the Secretary develops in cooperation with eligible States and localities, except that activities developed under this paragraph may be assisted only with amounts provided under section 12903(c)(3) 11 See References in Text note below. of this title. Th

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12904

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12705 — State and local housing strategies

**(a) In general** The Secretary shall provide assistance directly to a jurisdiction only if— (1) the jurisdiction submits to the Secretary a comprehensive housing affordability strategy (hereafter in this section referred to as the “housing strategy”); (2) the jurisdiction submits annual updates of the housing strategy; and (3) the housing strategy, and any annual update of such strategy, is approved by the Secretary. The Secretary shall establish such dates and manner for the submission and approval of housing strategies under this section that the Secretary determines will facilitate orderly program management by jurisdictions and provide for timely investment or other use of funds made available under subchapter II of this chapter and other programs requiring submission of a housing strategy. If the Secretary finds there is good cause, the Secretary may provide reasonable extensions of any deadlines for submission of a jurisdiction’s housing strategy. **(b) Contents** A housing strategy submitted under this section shall be in a form that the Secretary determines to be appropriate for the assistance the jurisdiction may be provided and shall— (1) describe the jurisdiction’s estimated housing needs projected for the ensuing 5-year period, and the jurisdiction’s need for assistance for very low-income, low-income, and moderate-income families, specifying such needs for different types of tenure and for different categories of residents, such as very low-income, low-income, and moderate-income families, the elderly, persons with disabilities, single persons, large families, residents of nonmetropolitan areas, families who are participating in an organized program to achieve economic independence and self-sufficiency, persons with acquired immunodeficiency syndrome

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12705

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 12912 — Authorization of appropriations

There are authorized to be appropriated to carry out this chapter $150,000,000 for fiscal year 1993 and $156,300,000 for fiscal year 1994.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12912

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5306 — Allocation and distribution of funds

**(a) Amounts allocated to Indian tribes, discretionary fund, and metropolitan cities and urban counties; limitations on amount of annual grants** (1) For each fiscal year, of the amount approved in appropriation Acts under [section 5303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5303&num=0&edition=prelim) for grants for such fiscal year (excluding the amounts provided for use in accordance with [section 5307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5307&num=0&edition=prelim)), the Secretary shall reserve for grants to Indian tribes 1 percent of the amount appropriated under such section. The Secretary shall provide for distribution of amounts under this paragraph to Indian tribes on the basis of a competition conducted pursuant to specific criteria for the selection of Indian tribes to receive such amounts. The criteria shall be contained in a regulation promulgated by the Secretary after notice and public comment. Notwithstanding any other provision of this Act, such grants to Indian tribes shall not be subject to the requirements of [section 5304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5304&num=0&edition=prelim), except subsections (f), (g), and (k) of such section. (2) For each fiscal year, of the amount approved in appropriation Acts under [section 5303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5303&num=0&edition=prelim) for grants for such fiscal year (excluding the amounts provided for use in accordance with [section 5307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5307&num=0&edition=prelim)), the Secretary shall reserve

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5306

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42 U.S.C. § 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 economic reasons; (ii) is living in the home of another because of economic hardship; (iii) has been notified that their right to occupy their current housing or living situation 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 residing in a place not meant for human habitation, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-ti

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11360

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42 U.S.C. § 12903 — General authority

Page 8505 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12903 1 So in original. Probably should be ‘‘(i)’’. 2 See References in Text note below. Pars. (15), (16). Pub. L. 114–201, § 701(b)(2), added pars. (15) and (16). 1992—Par. (2). Pub. L. 102–550, § 606(c)(1), substituted ‘‘organization eligible to receive assistance under this chapter’’ for ‘‘sponsor receiving assistance from a grantee’’. Par. (5). Pub. L. 102–550, § 606(c)(2), substituted ‘‘term ‘metropolitan statistical area’ means’’ for ‘‘term ‘met- ropolitan area’ means’’. Pars. (11) to (14). Pub. L. 102–550, § 606(c)(3), added pars. (11) to (14). § 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 orga- nizations. (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 en- ters into a contract with a nonprofit organiza- tion to carry out eligible activities in a locality shall obtain the approval of the unit of general local government for the locality before enter- ing into the contract. (c) Allocation of resources (1) Allocation of resources (A) Allocation formula The Secretary shall allocate 90 percent of the amount approved in appropriations Acts under section 12912 of this title among States and metropolitan statistical areas as follows: (I) 1 75 percent of such amounts among— (I) cities that are the most populous unit of general local government in a metropolitan statistical area with a pop- ulation greater than 500,000, as deter- mined on the basis of the most recent censu

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12903

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