---
kind: "section"
citation: "42 U.S.C. § 12903"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12903"
heading: "General authority"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12903"
units:
  - "Chapter 131 — Housing Opportunities for Persons with Aids"
---

# §12903. General authority

- (a) **Grants authorized—** The [Secretary](/usc/42/12902.md?p=8) shall, to the extent of amounts approved in appropriations Acts under [section 12912 of this title](/usc/42/12912.md), make grants to [States](/usc/42/12902.md?p=9), units of general local government, and [nonprofit organizations](/usc/42/12902.md?p=13).
- (b) **Implementation of eligible activities—** A [grantee](/usc/42/12902.md?p=4) shall carry out eligible activities under [section 12904 of this title](/usc/42/12904.md) through [project sponsors](/usc/42/12902.md?p=14). Any [grantee](/usc/42/12902.md?p=4) that is a [State](/usc/42/12902.md?p=9) that enters into a contract with a [nonprofit organization](/usc/42/12902.md?p=13) to carry out eligible activities in a [locality](/usc/42/12902.md?p=6) shall obtain the approval of the [unit of general local government](/usc/42/12902.md?p=10) for the [locality](/usc/42/12902.md?p=6) before entering into the contract.
- (c) **Allocation of resources—**
  - (1) **Allocation of resources—**
    - (A) **Allocation formula—** The [Secretary](/usc/42/12902.md?p=8) shall allocate 90 percent of the amount approved in appropriations Acts under [section 12912 of this title](/usc/42/12912.md) among [States](/usc/42/12902.md?p=9) and [metropolitan statistical areas](/usc/42/12902.md?p=5) as follows:
      - (I) [^1] 75 percent of such amounts among—
        - (I) [cities](/usc/42/12902.md?p=11) that are the most populous [unit of general local government](/usc/42/12902.md?p=10) in a [metropolitan statistical area](/usc/42/12902.md?p=5) 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](/usc/42/12902.md?p=16), using the data specified in [subparagraph (B)](#c-1-B); and
        - (II) [States](/usc/42/12902.md?p=9) with more than 2,000 [individuals living with HIV or AIDS](/usc/42/12902.md?p=16) outside of [metropolitan statistical areas](/usc/42/12902.md?p=5).
      - (ii) 25 percent of such amounts among [States](/usc/42/12902.md?p=9) and [metropolitan statistical areas](/usc/42/12902.md?p=5) based on the method described in [subparagraph (C)](#c-1-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](/usc/42/12902.md?p=16) shall be the number of such individuals as confirmed by the [Director](/usc/42/11851.md?p=5) 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)](#c-1-A-ii), the [Secretary](/usc/42/12902.md?p=8) shall develop a method that accounts for—
      - (I) [^1] differences in housing costs among [States](/usc/42/12902.md?p=9) and [metropolitan statistical areas](/usc/42/12902.md?p=5) based on the fair market rental established pursuant to [section 1437f(c) of this title](/usc/42/1437f.md?p=c) or another methodology established by the [Secretary](/usc/42/12902.md?p=8) through regulation; and
- (ii) differences in poverty rates among [States](/usc/42/12902.md?p=9) and [metropolitan statistical areas](/usc/42/12902.md?p=5) based on area poverty indexes or another methodology established by the [Secretary](/usc/42/12902.md?p=8) through regulation.
- (ii) approval by the [Secretary](/usc/42/12902.md?p=8) of the most recent comprehensive housing affordability strategy for the [grantee](/usc/42/12902.md?p=4) approved under [section 12705 of this title](/usc/42/12705.md);[^2] and
- (iii) the requirements of subparagraph (C).
  - (3) **Alternative grantees—**
    - (A) **Requirements—** The [Secretary](/usc/42/12902.md?p=8) may award funds reserved for a [grantee](/usc/42/12902.md?p=4) eligible under paragraph (1) to an alternative [grantee](/usc/42/12902.md?p=4) if—
      - (I) [^1] the [grantee](/usc/42/12902.md?p=4) submits to the [Secretary](/usc/42/12902.md?p=8) a written agreement between the [grantee](/usc/42/12902.md?p=4) and the alternative [grantee](/usc/42/12902.md?p=4) that describes how the alternative [grantee](/usc/42/12902.md?p=4) will take actions consistent with the applicable comprehensive housing affordability strategy approved under [section 12705 of this title](/usc/42/12705.md);[^2]
      - (ii) the [Secretary](/usc/42/12902.md?p=8) approves the written agreement described in [clause (I)](#iii-3-A-I) and agrees to award funds to the alternative [grantee](/usc/42/12902.md?p=4); and
- (iii) the written agreement does not exceed a term of 10 years.
  - (4) **Reallocations—** If a [State](/usc/42/12902.md?p=9) or [metropolitan statistical area](/usc/42/12902.md?p=5) declines an [allocation](/usc/42/2021b.md?p=2) under paragraph (1)(A), or the [Secretary](/usc/42/12902.md?p=8) determines, in accordance with criteria specified in regulation, that a [State](/usc/42/12902.md?p=9) or [metropolitan statistical area](/usc/42/12902.md?p=5) that is eligible for an [allocation](/usc/42/2021b.md?p=2) under paragraph (1)(A) is unable to properly administer such [allocation](/usc/42/2021b.md?p=2), the [Secretary](/usc/42/12902.md?p=8) shall reallocate any funds reserved for such [State](/usc/42/12902.md?p=9) or [metropolitan statistical area](/usc/42/12902.md?p=5) as follows:
    - (A) For funds reserved for a [State](/usc/42/12902.md?p=9)—
      - (I) [^1] to eligible [metropolitan statistical areas](/usc/42/12902.md?p=5) within the [State](/usc/42/12902.md?p=9) on a pro rata basis; or
      - (ii) if there is no eligible [metropolitan statistical areas](/usc/42/12902.md?p=5) within a [State](/usc/42/12902.md?p=9), to metropolitan [cities](/usc/42/12902.md?p=11) and urban counties within the [State](/usc/42/12902.md?p=9) that are eligible for grant under [section 5306 of this title](/usc/42/5306.md), on a pro rata basis.
    - (B) For funds reserved for a [metropolitan statistical area](/usc/42/12902.md?p=5), to the [State](/usc/42/12902.md?p=9) in which the [metropolitan statistical area](/usc/42/12902.md?p=5) is located.
    - (C) If the [Secretary](/usc/42/12902.md?p=8) is unable to make a reallocation under subparagraph [(A)](#iii-4-A) or [(B)](#iii-4-B), the [Secretary](/usc/42/12902.md?p=8) shall make such funds available on a pro rata basis under the formula in paragraph (1)(A).
  - (5) **Nonformula allocation—**
    - (A) **In general—** The [Secretary](/usc/42/12902.md?p=8) shall allocate 10 percent of the amounts appropriated under [section 12912 of this title](/usc/42/12912.md) among—
      - (i) [States](/usc/42/12902.md?p=9) and units of general local government that do not qualify for [allocation](/usc/42/2021b.md?p=2) of amounts under paragraph (1); and
      - (ii) [States](/usc/42/12902.md?p=9), units of general local government, and [nonprofit organizations](/usc/42/12902.md?p=13), to fund special [projects](/usc/42/13641.md?p=2) of national significance.
    - (B) **Selection—** In selecting [projects](/usc/42/13641.md?p=2) under this paragraph, the [Secretary](/usc/42/12902.md?p=8) shall consider (i) relative numbers of acquired immunodeficiency syndrome cases and per capita acquired immunodeficiency syndrome incidence; (ii) housing needs of [eligible persons](/usc/42/12902.md?p=12) in the community; (iii) extent of local planning and coordination of housing programs for [eligible persons](/usc/42/12902.md?p=12); and (iv) the likelihood of the continuation of [State](/usc/42/12902.md?p=9) and local efforts.
    - (C) **National significance projects—** For the purpose of [subparagraph (A)(ii)](#iii-5-A-ii), in selecting [projects](/usc/42/13641.md?p=2) of national significance the [Secretary](/usc/42/12902.md?p=8) shall consider (i) the need to assess the effectiveness of a particular model for providing supportive housing for [eligible persons](/usc/42/12902.md?p=12); (ii) the innovative nature of the proposed activity; and (iii) the potential replicability of the proposed activity in other similar [localities](/usc/42/12902.md?p=6) or nationally.
- (d) **Applications—** Funds made available under this section shall be allocated among applications submitted by [applicants](/usc/42/12902.md?p=2) and approved by the [Secretary](/usc/42/12902.md?p=8). Applications for assistance under this section shall be submitted by an [applicant](/usc/42/12902.md?p=2) in such form and in accordance with such procedures as the [Secretary](/usc/42/12902.md?p=8) 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](/usc/42/12902.md?p=8) 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 chapter;
  - (5) evidence in a form acceptable to the [Secretary](/usc/42/12902.md?p=8) 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](/usc/42/12902.md?p=8) determines to be necessary to achieve the purposes of this section.
- (e) **Additional requirement for metropolitan areas—** In addition to the other requirements of this section, to be eligible for a grant to a metropolitan area under this section, the major [city](/usc/42/12902.md?p=11), urban county, and any [city](/usc/42/12902.md?p=11) with a population of 50,000 or more in that metropolitan area shall establish or designate a governmental [agency](/usc/42/8262.md?p=1) or organization for receipt and use of amounts received from a grant under this section and shall submit to the [Secretary](/usc/42/12902.md?p=8), together with the application under [subsection (d)](#d) a proposal for the operation of such [agency](/usc/42/8262.md?p=1) or organization.
- (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)](#c-1), a [city](/usc/42/12902.md?p=11) shall provide such assurances as the [Secretary](/usc/42/12902.md?p=8) 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](/usc/42/12902.md?p=5) in which the [city](/usc/42/12902.md?p=11) is located, including areas not within the jurisdiction of the [city](/usc/42/12902.md?p=11). Any such [city](/usc/42/12902.md?p=11) shall coordinate with other units of general local government located within the [metropolitan statistical area](/usc/42/12902.md?p=5) to provide such assurances and comply with the assurances.

## Footnotes

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

## Source credit

(Pub. L. 101–625, title VIII, § 854, Nov. 28, 1990, 104 Stat. 4376; Pub. L. 102–550, title VI, § 606(d), (j)(2), Oct. 28, 1992, 106 Stat. 3807, 3810; Pub. L. 114–201, title VII, § 701(a), July 29, 2016, 130 Stat. 812; Pub. L. 115–31, div. K, title II, § 203, May 5, 2017, 131 Stat. 779.)

## Notes

### Editorial Notes

### References in Text

Section 12705 of this title, referred to in subsec. (c)(2)(A)(ii), (3)(A)(I), was in the original “section 105” or “section 105 of this Act”, meaning section 105 of the AIDS Housing Opportunity Act, and was translated as meaning section 105 of the Cranston-Gonzalez National Affordable Housing Act, to reflect the probable intent of Congress. The AIDS Housing Opportunity Act does not contain a section 105.

### Amendments

2017—Subsec. (c)(2)(A)(i). Pub. L. 115–31, § 203(1), redesignated subcl. (I) as cl. (i).

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.”

2016—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.

1992—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”.

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.”

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.”

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

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.”

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

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.

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

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

### Statutory Notes and Related Subsidiaries

### Change of Name

Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504.