---
kind: "section"
citation: "42 U.S.C. § 12902"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12902"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12902"
units:
  - "Chapter 131 — Housing Opportunities for Persons with Aids"
---

# §12902. Definitions


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](#9), a [unit of general local government](#10), or a [nonprofit organization](#13) 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](#8) of Housing and Urban Development, with adjustments for smaller and larger families, except that the [Secretary](#8) may establish income ceilings higher or lower than 80 percent of the median income for the area if the [Secretary](#8) finds that such variations are necessary because of prevailing levels of [construction](/usc/42/300s–3.md?p=7) costs or unusually high or low family incomes.
- (4) The term “grantee” means a [State](#9) or [unit of general local government](#10) receiving grants from the [Secretary](#8) 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](#4) or other [applicant](#2) 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](/usc/42/8262.md?p=1) 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](/usc/42/12704.md).
- (11) The term “city” has the meaning given the term in [section 5302(a) of this title](/usc/42/5302.md?p=a).
- (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](#9) or locally chartered, nonprofit organization) that—
  - (A) is organized under [State](#9) 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](#8); 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](#13) or a housing [agency](/usc/42/8262.md?p=1) of a [State](#9) or [unit of general local government](#10) that contracts with a [grantee](#4) 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](#1) cases of [HIV](#15) in the area; and
  - (B) the number of living cases of [AIDS](#1) in the area.

## Footnotes

[^1]: See References in Text note below.

## 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.)

## Notes

### 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).