§ 12903. General authority

Footnotes

1. 1 So in original. Probably should be “(i)”.
2. 2 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   AIDS Housing Opportunity Act

   Pub. L. 101–625 title VIII § 854 · 104 Stat. 4079

   Enacted · 42 U.S.C. § 12903

   Pub. L. 101–625, title VIII, § 854, Nov. 28, 1990, 104 Stat. 4376

   Source evidence

   Code source credit
   Pub. L. 101–625, title VIII, § 854, Nov. 28, 1990, 104 Stat. 4376

   Enacted provision · exact public law section
   SEC. 854. GENERAL AUTHORITY. (a) Grants Authorized.— The Secretary shall, to the extent of amounts approved in appropriations Acts under section 863, make grants to States and units of general local government. (b) 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 105 of this Government contracts. Act. A grantee shall carry out activities authorized under this subtitle 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. (c) Allocation of Resources.— (1) In general.— 90 percent of the amounts approved in appropriations Acts under section 863 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. (2) Minimum grant.— Subject only to the availability of amounts pursuant to appropriations Acts under section 863, 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) Noneligible grantees.— (A) In general.— 10 percent of the amounts appropriated under section 863 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 105 of this Act, and (ii) 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 persons with acquired immunodeficiency syndrome in the community; (iii) extent of local planning and coordination of housing programs for persons with acquired immunodeficiency syndrome; 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 persons with acquired immunodeficiency syndrome; (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 approvable applications submitted by eligible applicants. 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 subtitle; (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 Grant programs. to the requirements of subsection (b), 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.

2. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(d)(1) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12903(a)

   Pub. L. 102–550, § 606(d)(1), substituted “, units of general local government, and nonprofit organizations” for “and units of general local government”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 102–550, § 606(d)(1), substituted “, units of general local government, and nonprofit organizations” for “and units of general local government”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking “and units of general local government” and inserting “, units of general local government, and nonprofit organizations”;

3. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(d)(2) · 106 Stat. 3672

   1. Added · 42 U.S.C. § 12903(b)

      Pub. L. 102–550, § 606(d)(2), added subsec. (b)

   2. Struck · 42 U.S.C. § 12903(b)

      Pub. L. 102–550, § 606(d)(2), 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.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–550, § 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.”

   Enacted provision · exact public law section
   (2) by striking subsection (b) and inserting the following new subsection: “(b) Implementation of Eligible Activities.— A grantee shall carry out eligible activities under section 855 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.”;

4. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(d)(3) · 106 Stat. 3672

   1. Added · 42 U.S.C. § 12903(c)(1)

      Pub. L. 102–550, § 606(d)(3), added par. (1)

   2. Struck · 42 U.S.C. § 12903(c)(1)

      Pub. L. 102–550, § 606(d)(3), 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—

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 102–550, § 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.”

   Enacted provision · exact public law section
   (3) by striking paragraph (1) of subsection (c) and inserting the following new paragraph: “(1) Formula allocation.— The Secretary shall allocate 90 percent of the amounts approved in appropriation Acts under section 863 among States and cities whose most recent comprehensive housing affordability strategy (or abbreviated strategy) has been approved by the Secretary under section 105 of this Act. 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”;

5. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(d)(4)(A) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12903(c)(3)

   Pub. L. 102–550, § 606(d)(4)(A), substituted “Nonformula allocation” for “Noneligible grantees” in heading

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 102–550, § 606(d)(4)(A), substituted “Nonformula allocation” for “Noneligible grantees” in heading.

   Enacted provision · exact public law section
   (A) by striking the paragraph heading and inserting “Nonformula allocation.—”; and

6. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(d)(4)(B) · 106 Stat. 3672

   1. Added · 42 U.S.C. § 12903(c)(3)(A)

      Pub. L. 102–550, § 606(d)(4)(B), added subpar. (A)

   2. Struck · 42 U.S.C. § 12903(c)(3)(A)

      Pub. L. 102–550, § 606(d)(4)(B), 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—

   Source evidence

   Code amendment note
   Subsec. (c)(3)(A). Pub. L. 102–550, § 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.”

   Enacted provision · exact public law section
   (B) by striking subparagraph (A) and inserting the following new subparagraph: (A) In general.— The Secretary shall allocate 10 per-cent of the amounts appropriated under section 863 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.”;

7. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(j)(2) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12903(c)(3)(B); 42 U.S.C. § 12903(c)(3)(C)

   Pub. L. 102–550, § 606(j)(2), substituted “eligible persons” for “persons with acquired immunodeficiency syndrome” wherever appearing

   Source evidence

   Code amendment note
   Subsec. (c)(3)(B), (C). Pub. L. 102–550, § 606(j)(2), substituted “eligible persons” for “persons with acquired immunodeficiency syndrome” wherever appearing.

   Enacted provision · exact public law section
   (2) Section 854(c)(3) (42 U.S.C. 12903(c)3)) is amended by striking “persons with acquired immunodeficiency syndrome” and inserting “eligible persons” each place it appears.

8. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(d)(5) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12903(d)

   Pub. L. 102–550, § 606(d)(5), substituted “applications submitted by applicants and approved by the Secretary” for “approvable applications submitted by eligible applicants” in first sentence

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 102–550, § 606(d)(5), substituted “applications submitted by applicants and approved by the Secretary” for “approvable applications submitted by eligible applicants” in first sentence.

   Enacted provision · exact public law section
   (5) in the first sentence of subsection (d), by striking “approvable applications submitted by eligible applicants” and inserting “applications submitted by applicants and approved by the Secretary”;

9. 1992

   Housing and Community Development Act of 1992

   Pub. L. 102–550 § 606(d)(6) · 106 Stat. 3672

   Substituted · 42 U.S.C. § 12903(e)

   Pub. L. 102–550, § 606(d)(6), substituted “other requirements of this section” for “requirements of subsection (b) of this section”

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 102–550, § 606(d)(6), substituted “other requirements of this section” for “requirements of subsection (b) of this section”.

   Enacted provision · exact public law section
   (6) in subsection (e), by striking “requirements of subsection (b)” and inserting “other requirements of this section”; and

10. 1992

    Housing and Community Development Act of 1992

    Pub. L. 102–550 § 606(d)(7) · 106 Stat. 3672

    Added · 42 U.S.C. § 12903(f)

    Pub. L. 102–550, § 606(d)(7), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–550, § 606(d)(7), added subsec. (f).

    Enacted provision · exact public law section
    (7) by adding at the end the following new subsection: “(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.”.

11. 2016

    Housing Opportunity Through Modernization Act of 2016

    Pub. L. 114–201 title VII § 701(a) · 130 Stat. 782

    1. Added · 42 U.S.C. § 12903(c)

       Pub. L. 114–201 added pars. (1) to (4)

    2. Redesignated · 42 U.S.C. § 12903(c)

       Pub. L. 114–201 redesignated former par. (3) as (5)

    3. Struck · 42 U.S.C. § 12903(c)

       Pub. L. 114–201 struck out former pars. (1) and (2) which related to formula allocation and minimum grant, respectively

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–201 added pars. (1) to (4), redesignated former par. (3) as (5), and struck out former pars. (1) and (2) which related to formula allocation and minimum grant, respectively.

    Enacted provision · exact public law section
    (a) In General.— Subsection (c) of section 854 of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) is amended by— (1) redesignating paragraph (3) as paragraph (5); and (2) striking paragraphs (1) and (2) and inserting the following: “(1) Allocation of resources.— “(A) Allocation formula.— The Secretary shall allocate 90 percent of the amount approved in appropriations Acts under section 863 among States and metropolitan statistical areas as follows: “(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) differences in housing costs among States and metropolitan statistical areas based on the fair market rental established pursuant to section 8(c) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)) 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 grantees.— A 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 863; “(ii) approval by the Secretary of the most recent comprehensive housing affordability strategy for the grantee approved under section 105; and “(iii) the requirements of subparagraph (C). “(B) Adjustments.— Allocations 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 eligibility.— The 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 grants.— For each of fiscal years 2017, 2018, 2019, 2020, and 2021, the Secretary shall ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation that is 5 percent less than or 10 percent greater than the amount allocated to such grantee 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) 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 105 of this Act; “(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) Renewal.— An agreement approved pursuant to subparagraph (A) may be renewed by the parties with the approval of the Secretary. “(C) Definition.— In this paragraph, the term ‘alternative grantee’ means a public housing agency (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))), a unified funding agency (as defined in section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360)), 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) 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 106 of the Housing and Community Development Act of 1974 (42 U.S.C. 5306), 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).” .

12. 2017

    Department of Justice Appropriations Act, 2017

    Pub. L. 115–31 § 203(1) · 131 Stat. 135

    Redesignated · 42 U.S.C. § 12903(c)(2)(A)(i)

    Pub. L. 115–31, § 203(1), redesignated subcl. (I) as cl. (i)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A)(i). Pub. L. 115–31, § 203(1), redesignated subcl. (I) as cl. (i).

    Enacted provision · exact public law section
    Sec. 203. None Abortion. of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.

13. 2017

    Department of Justice Appropriations Act, 2017

    Pub. L. 115–31 § 203(2) · 131 Stat. 135

    Amended · 42 U.S.C. § 12903(c)(2)(D)

    Pub. L. 115–31, § 203(2), amended subpar. (D) generally. Prior to amendment, text read as follows: “For each of fiscal years 2017, 2018, 2019, 2020, and 2021, the Secretary shall ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation that is 5 percent less than or 10 percent greater than the amount allocated to such grantee in the preceding fiscal year.”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(D). Pub. L. 115–31, § 203(2), amended subpar. (D) generally. Prior to amendment, text read as follows: “For each of fiscal years 2017, 2018, 2019, 2020, and 2021, the Secretary shall ensure that a grantee that received an allocation in the prior fiscal year does not receive an allocation that is 5 percent less than or 10 percent greater than the amount allocated to such grantee in the preceding fiscal year.”

    Enacted provision · exact public law section
    Sec. 203. None Abortion. of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.

18 of 18 references resolved to an enrolled provision