42 U.S.C. § 12901 — Purpose

Page 8503 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12901 2 So in original. Probably should be ‘‘this section.’’ 1 See References in Text note below. (h) Regulations Not later than 180 days after October 28, 1992, the Secretary shall issue final regulations to carry out the provisions of this title.2 Any such regulations shall be issued in accordance with section 553 of title 5, notwithstanding the provi- sions of subsection (a)(2) of such section. (i) Funding There are authorized to be appropriated to carry out this section $30,000,000 in each of fiscal years 1993 and 1994. (Pub. L. 102–550, title I, § 186, Oct. 28, 1992, 106 Stat. 3748.) Editorial Notes CODIFICATION Section was enacted as part of the Housing and Com- munity Development Act of 1992, and not as part of sub- title C (§§ 441–448) of title IV of Pub. L. 101–625 which comprises this part. 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. PART C—HOPE FOR YOUTH: YOUTHBUILD §§ 12899 to 12899i. Repealed. Pub. L. 109–281, § 2(e), Sept. 22, 2006, 120 Stat. 1181 Section 12899, Pub. L. 101–625, title IV, § 451, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3723, set forth the statement of purpose of this part. Section 12899a, Pub. L. 101–625, title IV, § 452, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3723, authorized the Secretary to make planning and imple- mentation grants. Section 12899b, Pub. L. 101–625, title IV, § 453, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3723, related to planning grants. Section 12899c, Pub. L. 101–625, title IV, § 454, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3725; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(43)(A), (f)(34)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–428, 2681–434, related to implementation grants. Section 12899d, Pub. L. 101–625, title IV, § 455, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3728; amended Pub. L. 105–276, title V, § 514(a)(2)(B), Oct. 21, 1998, 112 Stat. 2547; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, set forth Youthbuild program requirements. Section 12899e, Pub. L. 101–625, title IV, § 456, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3730; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(43)(B)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–428, set forth additional program requirements. Section 12899f, Pub. L. 101–625, title IV, § 457, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3731; amended Pub. L. 103–382, title III, § 394(d), Oct. 20, 1994, 108 Stat. 4027; Pub. L. 105–244, title I, § 102(a)(13)(M), Oct. 7, 1998, 112 Stat. 1621; Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 109–136, § 5, Dec. 22, 2005, 119 Stat. 2644, defined terms. Section 12899g, Pub. L. 101–625, title IV, § 458, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3733, related to management and technical assistance. Section 12899h, Pub. L. 101–625, title IV, § 459, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3733, related to contracts. Section 12899h–1, Pub. L. 101–625, title IV, § 460, as added Pub. L. 104–330, title V, § 504(a)(2), Oct. 26, 1996, 110 Stat. 4044; amended Pub. L. 105–276, title V, § 595(e)(15), Oct. 21, 1998, 112 Stat. 2659; Pub. L. 109–136, § 6, Dec. 22, 2005, 119 Stat. 2644, rendered Indian tribes, Indian housing authorities, and other agencies pri- marily serving Indians or Indian areas ineligible for amounts made available for assistance under this part for fiscal years 1998 through 2005. Section 12899i, Pub. L. 101–625, title IV, § 461, formerly § 460, as added Pub. L. 102–550, title I, § 164, Oct. 28, 1992, 106 Stat. 3733; renumbered § 461, Pub. L. 104–330, title V, § 504(a)(1), Oct. 26, 1996, 110 Stat. 4043, authorized the Secretary to issue any regulations necessary to carry out this part. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS All functions which the Secretary of Housing and Urban Development exercised before Sept. 22, 2006, re- lating to subtitle D of title IV of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12899 et seq.) transferred to the Department of Labor, see sec- tion 3(b) of Pub. L. 109–281, set out as a Transfer of Functions and Savings Provisions note under section 3226 of Title 29, Labor. CHAPTER 131—HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS Sec. 12901. Purpose. 12902. Definitions. 12903. General authority. 12904. Eligible activities. 12905. Responsibilities of grantees. 12906. Grants for AIDS housing information and co- ordination services. 12907. AIDS short-term supported housing and serv- ices. 12908. Rental assistance. 12909. Single room occupancy dwellings. 12910. Grants for community residences and serv- ices. 12911. Report. 12912. Authorization of appropriations. § 12901. Purpose The purpose of this chapter 1 is to provide States and localities with the resources and in- centives to devise long-term comprehensive strategies for meeting the housing needs of per- sons with acquired immunodeficiency syndrome and families of such persons. (Pub. L. 101–625, title VIII, § 852, Nov. 28, 1990, 104 Stat. 4375; Pub. L. 102–550, title VI, § 606(j)(1), Oct. 28, 1992, 106 Stat. 3810.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, and was translated as reading ‘‘this sub- title’’, meaning subtitle D (§§ 851–863) of title VIII of Pub. L. 101–625, to reflect the probable intent of Con- gress. AMENDMENTS 1992—Pub. L. 102–550 inserted before period at end ‘‘and families of such persons’’. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 101–625, title VIII, § 851, Nov. 28, 1990, 104 Stat. 4375, provided that: ‘‘This subtitle [subtitle D Page 8504 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12902 1 See References in Text note below. (§§ 851–863) of title VIII of Pub. L. 101–625, enacting this chapter] may be cited as the ‘AIDS Housing Oppor- tunity Act’.’’ REGULATIONS Pub. L. 102–550, title VI, § 606(k), Oct. 28, 1992, 106 Stat. 3811, provided that: ‘‘(1) INTERIM REGULATIONS.—Not later than the expi- ration of the 30-day period beginning on the date of the enactment of this Act [Oct. 28, 1992], the Secretary of Housing and Urban Development shall submit to the Congress a copy of proposed interim regulations imple- menting subtitle D of title VIII of the Cranston-Gon- zalez National Affordable Housing Act [42 U.S.C. 12901 et seq.] (as amended by this section). Not later than the expiration of the 45-day period beginning on the date of the enactment of this Act, but not before the expira- tion of the 15-day period beginning upon the submission of the proposed interim regulations to the Congress, the Secretary shall publish interim regulations imple- menting such subtitle (as amended), which shall take effect upon publication. ‘‘(2) FINAL REGULATIONS.—Not later than the expira- tion of the 90-day period beginning upon the publica- tion of interim regulations under paragraph (1), the Secretary shall issue final regulations implementing subtitle D of title VIII of the Cranston-Gonzalez Na- tional Affordable Housing Act (as amended by this sec- tion) after notice and opportunity for public comment regarding the interim regulations, pursuant to the pro- visions of section 553 of title 5, United States Code (not- withstanding subsections (a)(2), (b)(B), and (d)(3) of such section). The duration of the period for public comment under such section 553 shall be not less than 60 days, and the final regulations shall take effect upon issuance.’’ § 12902. Definitions For purposes of this chapter: (1) The term ‘‘acquired immunodeficiency syndrome and related diseases’’ or ‘‘AIDS’’ means the disease of acquired immuno- deficiency syndrome or any conditions arising from the etiologic agent for acquired immuno- deficiency syndrome. (2) The term ‘‘applicant’’ means a State, a unit of general local government, or a non- profit organization eligible to receive assist- ance under this chapter. (3) The term ‘‘low-income individual’’ means any individual or family whose incomes do not exceed 80 percent of the median income for the area, as determined by the Secretary of Hous- ing and Urban Development, with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 80 percent of the median income for the area if the Secretary finds that such variations are necessary because of pre- vailing levels of construction costs or unusu- ally high or low family incomes. (4) The term ‘‘grantee’’ means a State or unit of general local government receiving grants from the Secretary under this chapter. (5) The term ‘‘metropolitan statistical area’’ means a metropolitan statistical area as es- tablished by the Office of Management and Budget. Such term includes the District of Co- lumbia. (6) The term ‘‘locality’’ means the geo- graphical area within the jurisdiction of a local government. (7) The term ‘‘recipient’’ means a grantee or other applicant receiving funds under this chapter.1 (8) The term ‘‘Secretary’’ means the Sec- retary of Housing and Urban Development. (9) The term ‘‘State’’ means a State of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, or any agency or instrumentality thereof that is es- tablished pursuant to legislation and des- ignated by the chief executive to act on behalf of the jurisdiction with regard to provisions of this chapter. (10) The term ‘‘unit of general local govern- ment’’ has the same meaning as in section 12704 of this title. (11) The term ‘‘city’’ has the meaning given the term in section 5302(a) of this title. (12) The term ‘‘eligible person’’ means a per- son with acquired immunodeficiency syn- drome or a related disease and the family of such person. (13) The term ‘‘nonprofit organization’’ means any nonprofit organization (including a State or locally chartered, nonprofit organiza- tion) that— (A) is organized under State or local laws; (B) has no part of its net earnings inuring to the benefit of any member, founder, con- tributor, or individual; (C) complies with standards of financial accountability acceptable to the Secretary; and (D) has among its purposes significant ac- tivities related to providing services or housing to persons with acquired immuno- deficiency syndrome or related diseases. (14) The term ‘‘project sponsor’’ means a nonprofit organization or a housing agency of a State or unit of general local government that contracts with a grantee to receive as- sistance under this chapter. (15) The term ‘‘HIV’’ means infection with the human immunodeficiency virus. (16) The term ‘‘individuals living with HIV or AIDS’’ means, with respect to the counting of cases in a geographic area during a period of time, the sum of— (A) the number of living non-AIDS cases of HIV in the area; and (B) the number of living cases of AIDS in the area. (Pub. L. 101–625, title VIII, § 853, Nov. 28, 1990, 104 Stat. 4375; Pub. L. 102–550, title VI, § 606(c), Oct. 28, 1992, 106 Stat. 3807; Pub. L. 114–201, title VII, § 701(b), July 29, 2016, 130 Stat. 814.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (7), was in the origi- nal ‘‘this title’’, and was translated as reading ‘‘this subtitle’’, meaning subtitle D (§§ 851–863) of title VIII of Pub. L. 101–625, to reflect the probable intent of Con- gress. AMENDMENTS 2016—Par. (1). Pub. L. 114–201, § 701(b)(1), inserted ‘‘or ‘AIDS’ ’’ before ‘‘means’’.