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42 U.S.C. § 12902 — Definitions

submitted 36 years ago by Pub. L. 101-625 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 523 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines the terms used in this chapter. It covers AIDS and HIV, applicants and recipients, income, governmental entities, nonprofit organizations, and project sponsors.

For purposes of this chapter:

(1) "Acquired immunodeficiency syndrome and related diseases" or "AIDS" means acquired immunodeficiency syndrome or any condition arising from the cause of acquired immunodeficiency syndrome. This section does not define the quoted term "etiologic agent."

(2) "Applicant" means a State, a unit of general local government, or a nonprofit organization eligible to receive assistance under this chapter.

(3) "Low-income individual" means an individual or family whose income does not exceed 80 percent of the area's median income, as determined by the Secretary of Housing and Urban Development, with adjustments for smaller and larger families. The Secretary may set income ceilings higher or lower than 80 percent of the area's median income if the Secretary finds that the change is necessary because construction costs or family incomes are unusually high or low.

(4) "Grantee" means a State or unit of general local government receiving grants from the Secretary under this chapter.

(5) "Metropolitan statistical area" means a metropolitan statistical area established by the Office of Management and Budget. The term includes the District of Columbia.

(6) "Locality" means the geographic area within a local government's jurisdiction.

(7) "Recipient" means a grantee or another applicant receiving funds under this chapter.

(8) "Secretary" means the Secretary of Housing and Urban Development.

(9) "State" means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. It also means an agency or instrumentality of one of them if the agency or instrumentality is established pursuant to legislation and designated by the jurisdiction's chief executive to act for that jurisdiction concerning this chapter.

(10) "Unit of general local government" has the same meaning as in section 12704 of this title.

(11) "City" has the meaning given that term in section 5302(a) of this title.

(12) "Eligible person" means a person with acquired immunodeficiency syndrome or a related disease, and that person's family.

(13) "Nonprofit organization" means a nonprofit organization, including one chartered by a State or locality, that—

(A) is organized under State or local law;

(B) has no part of its net earnings benefiting a member, founder, contributor, or individual;

(C) meets financial-accountability standards acceptable to the Secretary; and

(D) has significant activities related to providing services or housing to people with acquired immunodeficiency syndrome or related diseases among its purposes.

(14) "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) "HIV" means infection with the human immunodeficiency virus.

(16) "Individuals living with HIV or AIDS" means, for counting cases in a geographic area during a period, the sum of—

(A) the number of living non-AIDS HIV cases in the area; and

(B) the number of living AIDS cases in the area.

the actual law source: uscode.house.gov ↗public domain

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.1

(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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-625 · 104 Stat. 4375
  • 1992Amended · Pub. L. 102-550 · 106 Stat. 3807
  • 2016Amended · Pub. L. 114-201 · 130 Stat. 814

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-625 on 1990-11-28.

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