§12902 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Defines the key words used in this chapter. AIDS means the disease called AIDS and other illnesses caused by the same agent. Applicant means a State, a local government unit, or a nonprofit that can get help under this chapter. Low-income individual means a person or family with income at or below 80 percent of the area median as set by the Secretary of Housing and Urban Development, with family-size adjustments (the Secretary can set different limits if needed). Grantee means a State or local government that gets grants from the Secretary. Metropolitan statistical area means the areas set by the Office of Management and Budget and includes Washington, D.C. Locality means the area inside a local government’s borders. Recipient means a grantee or other applicant who receives funds under this chapter. Secretary means the Secretary of Housing and Urban Development. State means any U.S. State, the District of Columbia, or Puerto Rico, or an agency the chief executive designates to act for them. Unit of general local government and city have the meanings given in the cited sections. Eligible person means someone with AIDS or a related disease and their family. Nonprofit organization means a nonprofit set up under state or local law that does not distribute profits to individuals, meets financial rules acceptable to the Secretary, and focuses on services or housing for people with AIDS or related diseases. Project sponsor means a qualifying nonprofit or a state/local housing agency that contracts with a grantee. HIV means infection with the human immunodeficiency virus. Individuals living with HIV or AIDS (for counting cases) equals the number of living people with HIV who do not have AIDS plus the number of living people with AIDS.

Title 42, §12902

The Public Health and Welfare — Source: USLM XML via OLRC

For purposes of this chapter:

(1)The term “acquired immunodeficiency syndrome and related diseases” or “AIDS” means the disease of acquired immunodeficiency syndrome or any conditions arising from the etiologic agent for acquired immunodeficiency syndrome.

(2)The term “applicant” means a State, a unit of general local government, or a nonprofit organization eligible to receive assistance 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 Housing 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 prevailing levels of construction costs or unusually 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 established by the Office of Management and Budget. Such term includes the District of Columbia.

(6)The term “locality” means the geographical area within the jurisdiction of a local government.

(7)The term “recipient” means a grantee or other applicant receiving funds under this chapter.11 See References in Text note below.

(8)The term “Secretary” means the Secretary 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 established pursuant to legislation and designated 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 government” 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 person with acquired immunodeficiency syndrome 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 organization) 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, contributor, or individual;

(C)complies with standards of financial accountability acceptable to the Secretary; and

(D)has among its purposes significant activities related to providing services or housing to persons with acquired immunodeficiency 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 assistance 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in par. (7), was in the original “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 Congress.

Amendments

2016—Par. (1). Pub. L. 114–201, § 701(b)(1), inserted “or ‘AIDS’ ” before “means”. 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 ‘metropolitan area’ means”. Pars. (11) to (14). Pub. L. 102–550, § 606(c)(3), added pars. (11) to (14).

§12902 Definitions