I 

114TH CONGRESS 

2D SESSION H. R. 4707 

To provide housing opportunities for individuals living with HIV or AIDS, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 3, 2016 

Mr. PRICE of North Carolina (for himself and Mr. ADERHOLT) introduced the 

following bill; which was referred to the Committee on Financial Services 

A BILL 

To provide housing opportunities for individuals living with 

HIV or AIDS, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Housing Opportunities 

5 for Persons With AIDS Modernization Act of 2016’’. 


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1 SEC. 2. FORMULA AND TERMS FOR ALLOCATIONS TO PRE2 VENT HOMELESSNESS FOR INDIVIDUALS LIV3 ING WITH HIV OR AIDS. 

4 (a) IN GENERAL.—Subsection (c) of section 854 of 

5 the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) 

6 is amended by— 

7 (1) redesignating paragraph (3) as paragraph 

8 (5); and 

9 (2) striking paragraphs (1) and (2) and insert10 ing the following: 

11 ‘‘(1) ALLOCATION OF RESOURCES.— 

12 ‘‘(A) ALLOCATION FORMULA.—The Sec13 retary shall allocate 90 percent of the amount 

14 approved in appropriations Acts under section 

15 863 among States and metropolitan statistical 

16 areas as follows: 

17 ‘‘(i) 75 percent of such amounts 

18 among— 

19 ‘‘(I) cities that are the most pop20 ulous unit of general local government 

21 in a metropolitan statistical area with 

22 a population greater than 500,000, as 

23 determined on the basis of the most 

24 recent census, and with more than 

25 2,000 individuals living with HIV or 


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1 AIDS, using the data specified in sub2 paragraph (B); and 

3 ‘‘(II) States with more than 

4 2,000 individuals living with HIV or 

5 AIDS outside of metropolitan statis6 tical areas. 

7 ‘‘(ii) 25 percent of such amounts 

8 among States and metropolitan statistical 

9 areas based on the method described in 

10 subparagraph (C). 

11 ‘‘(B) SOURCE OF DATA.—For purposes of 

12 allocating amounts under this paragraph for 

13 any fiscal year, the number of individuals living 

14 with HIV or AIDS shall be the number of such 

15 individuals as confirmed by the Director of the 

16 Centers for Disease Control and Prevention, as 

17 of December 31 of the most recent calendar 

18 year for which such data is available. 

19 ‘‘(C) ALLOCATION UNDER SUBPARAGRAPH

20 (A)(ii).—For purposes of allocating amounts 

21 under subparagraph (A)(ii), the Secretary shall 

22 develop a method that accounts for— 

23 ‘‘(i) differences in housing costs 

24 among States and metropolitan statistical 

25 areas based on the fair market rental esVerDate Sep 11 2014 18:17 Mar 04, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4707.IH H4707

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1 tablished pursuant to section 8(c) of the 

2 United States Housing Act of 1937 (42 

3 U.S.C. 1437f(c)) or another methodology 

4 established through a notice published by 

5 the Secretary in the Federal Register; and 

6 ‘‘(ii) differences in poverty rates 

7 among States and metropolitan statistical 

8 areas based on area poverty indexes or an9 other methodology established through a 

10 notice published by the Secretary in the 

11 Federal Register. 

12 ‘‘(2) MAINTAINING GRANTS.— 

13 ‘‘(A) CONTINUED ELIGIBILITY OF FISCAL

14 YEAR 2016 GRANTEES.—A grantee that received 

15 an allocation in fiscal year 2016 shall continue 

16 to be eligible for allocations under paragraph 

17 (1) in subsequent fiscal years, subject to— 

18 ‘‘(i) the amounts available from ap19 propriations Acts under section 863; 

20 ‘‘(ii) approval under section 105 by 

21 the Secretary of the most recent com22 prehensive housing affordability strategy 

23 for the grantee; and 

24 ‘‘(iii) the requirements of subpara25 graph (C). 


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1 ‘‘(B) ADJUSTMENTS.—Allocations to 

2 grantees described in subparagraph (A) shall be 

3 adjusted annually based on sections 203 (except 

4 subsection (d)) and 209 of division C of the 

5 Consolidated and Further Continuing Appro6 priations Act, 2012 (Public Law 112–55; 125 

7 Stat. 693, 694), except that in lieu of the num8 ber of cases of AIDS, such sections shall be ad9 justed, through a notice published by the Sec10 retary in the Federal Register, to reflect the 

11 number of individuals living with HIV or AIDS, 

12 and the allocation factors under paragraph 

13 (1)(C) of this subsection. 

14 ‘‘(C) REDETERMINATION OF CONTINUED

15 ELIGIBILITY.—The Secretary shall redetermine 

16 the continued eligibility of a grantee that re17 ceived an allocation in fiscal year 2016 at least 

18 once during the 10-year period following fiscal 

19 year 2016. 

20 ‘‘(D) ADJUSTMENT TO GRANTS.—For each 

21 of fiscal years 2017, 2018, 2019, 2020, and 

22 2021, the Secretary shall ensure that a grantee 

23 that received an allocation in the prior fiscal 

24 year does not receive an allocation that is 5 per25 cent less than or 10 percent greater than the 


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1 share of total available formula funds allocated 

2 to such grantee in the preceding fiscal year. 

3 ‘‘(3) ALTERNATIVE GRANTEES.— 

4 ‘‘(A) REQUIREMENTS.—The Secretary may 

5 award funds reserved for a grantee eligible 

6 under paragraph (1) to an alternative grantee 

7 if— 

8 ‘‘(i) the grantee submits to the Sec9 retary a written agreement between the 

10 grantee and the alternative grantee that 

11 describes how the alternative grantee will 

12 take actions consistent with the applicable 

13 comprehensive housing affordability strat14 egy for the grantee approved under section 

15 105 of this Act; 

16 ‘‘(ii) the Secretary approves the writ17 ten agreement described in clause (i) and 

18 agrees to award funds to the alternative 

19 grantee; and 

20 ‘‘(iii) the written agreement does not 

21 exceed a term of 10 years. 

22 ‘‘(B) RENEWAL.—An agreement approved 

23 pursuant to subparagraph (A) may be renewed 

24 by the parties with the approval of the Sec25 retary. 


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1 ‘‘(C) DEFINITION.—In this paragraph, the 

2 term ‘alternative grantee’ means a public hous3 ing agency (as defined in section 3(b) of the 

4 United States Housing Act of 1937 (42 U.S.C. 

5 1437a(b))), a unified funding agency (as de6 fined in section 401 of the McKinney-Vento 

7 Homeless Assistance Act (42 U.S.C. 11360)), a 

8 State, a unit of general local government, or an 

9 instrumentality of State or local government. 

10 ‘‘(4) REALLOCATIONS.—If a State or the city 

11 that is the most populous unit of general local gov12 ernment in a metropolitan statistical area declines 

13 an allocation under paragraph (1)(A), or the Sec14 retary determines, in accordance with criteria speci15 fied in regulation, that a State or the city that is the 

16 most populous unit of general local government in a 

17 metropolitan statistical area that is eligible for an 

18 allocation under paragraph (1)(A) is unable to prop19 erly administer such allocation, the Secretary shall 

20 reallocate any funds reserved for such State or met21 ropolitan statistical area as follows: 

22 ‘‘(A) For funds reserved for a State— 

23 ‘‘(i) to eligible metropolitan statistical 

24 areas within the State on a pro rata basis; 

25 or 


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1 ‘‘(ii) if there is no eligible metropoli2 tan statistical areas within a State, to met3 ropolitan cities and urban counties within 

4 the State that are eligible for grant under 

5 section 106 of the Housing and Commu6 nity Development Act of 1974 (42 U.S.C. 

7 5306), on a pro rata basis. 

8 ‘‘(B) For funds reserved for a metropolitan 

9 statistical area, to the State in which the metro10 politan statistical area is located. 

11 ‘‘(C) If the Secretary is unable to make a 

12 reallocation under subparagraph (A) or (B), the 

13 Secretary shall make such funds available on a 

14 pro rata basis under the formula in paragraph 

15 (1)(A).’’. 

16 (b) AMENDMENT TO DEFINITIONS.—Section 853 of 

17 the AIDS Housing Opportunity Act (42 U.S.C. 12902) 

18 is amended— 

19 (1) in paragraph (1), by inserting ‘‘or ‘AIDS’ ’’ 

20 before ‘‘means’’; and 

21 (2) by inserting at the end the following new 

22 paragraphs: 

23 ‘‘(15) The term ‘HIV’ means infection with the 

24 human immunodeficiency virus. 


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1 ‘‘(16) The term ‘individuals living with HIV or 

2 AIDS’ means, with respect to the counting of cases 

3 in a geographic area during a period of time, the 

4 sum of— 

5 ‘‘(A) the number of living non-AIDS cases 

6 of HIV in the area; and 

7 ‘‘(B) the number of living cases of AIDS 

8 in the area.’’. 

Æ 


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