I 

113TH CONGRESS 

2D SESSION H. R. 5640 

To amend the AIDS Housing Opportunity Act to modernize the formula 

and terms for allocations to prevent homelessness for individuals living 

with HIV or AIDS. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Mr. PRICE of North Carolina (for himself, Mr. ADERHOLT, Mr. QUIGLEY, Mr. 

BACHUS, and Mr. MCDERMOTT) introduced the following bill; which was 

referred to the Committee on Financial Services 

A BILL 

To amend the AIDS Housing Opportunity Act to modernize 

the formula and terms for allocations to prevent homelessness for individuals living with HIV or AIDS. 

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 for Persons 

5 With AIDS Modernization Act of 2014’’. 


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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 20:33 Sep 25, 2014 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5640.IH H5640

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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 by the Secretary through regu5 lation; 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 by the Sec10 retary through regulation. 

11 ‘‘(2) MAINTAINING GRANTS.— 

12 ‘‘(A) CONTINUED ELIGIBILITY OF FISCAL

13 YEAR 2014 GRANTEES.—A grantee that received 

14 an allocation in fiscal year 2014 shall continue 

15 to be eligible for allocations under paragraph 

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

17 ‘‘(i) the amounts available from ap18 propriations Acts under section 863; 

19 ‘‘(ii) approval by the Secretary of the 

20 most recent comprehensive housing afford21 ability strategy for the grantee approved 

22 under section 105; and 

23 ‘‘(iii) the requirements of subpara24 graph (C). 


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1 ‘‘(B) ADJUSTMENTS.—Allocations to 

2 grantees described in subparagraph (A) shall be 

3 adjusted annually based on the administrative 

4 provisions included in fiscal year 2014 appro5 priations Acts. 

6 ‘‘(C) REDETERMINATION OF CONTINUED

7 ELIGIBILITY.—The Secretary shall redetermine 

8 the continued eligibility of a grantee that re9 ceived an allocation in fiscal year 2014 at least 

10 once during the 10-year period following fiscal 

11 year 2014. 

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

13 of fiscal years 2015, 2016, and 2017, the Sec14 retary shall ensure that a grantee that received 

15 an allocation in the prior fiscal year does not 

16 receive an allocation that is 10 percent less 

17 than or 20 percent greater than the amount al18 located to such grantee in the preceding fiscal 

19 year. 

20 ‘‘(3) ALTERNATIVE GRANTEES.— 

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

22 award funds reserved for a grantee eligible 

23 under paragraph (1) to an alternative grantee 

24 if— 


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1 ‘‘(i) the grantee submits to the Sec2 retary a written agreement between the 

3 grantee and the alternative grantee that 

4 describes how the alternative grantee will 

5 take actions consistent with the applicable 

6 comprehensive housing affordability strat7 egy approved under section 105 of this 

8 Act; 

9 ‘‘(ii) the Secretary approves the writ10 ten agreement described in clause (i) and 

11 agrees to award funds to the alternative 

12 grantee; and 

13 ‘‘(iii) the written agreement does not 

14 exceed a term of 10 years. 

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

16 pursuant to subparagraph (A) may be renewed 

17 by the parties with the approval of the Sec18 retary. 

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

20 term ‘alternative grantee’ means a public hous21 ing agency (as defined in section 3(b) of the 

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

23 1437a(b))), a unified funding agency (as de24 fined in section 401 of the McKinney-Vento 

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


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

2 instrumentality of State or local government. 

3 ‘‘(4) REALLOCATIONS.—If a State or metropoli4 tan statistical area declines an allocation under 

5 paragraph (1)(A), or the Secretary determines, in 

6 accordance with criteria specified in regulation, that 

7 a State or metropolitan statistical area that is eligi8 ble for an allocation under paragraph (1)(A) is un9 able to properly administer such allocation, the Sec10 retary shall reallocate any funds reserved for such 

11 State or metropolitan statistical area as follows: 

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

13 ‘‘(i) to eligible metropolitan statistical 

14 areas within the State on a pro rata basis; 

15 or 

16 ‘‘(ii) if there is no eligible metropoli17 tan statistical areas within a State, to met18 ropolitan cities and urban counties within 

19 the State that are eligible for grant under 

20 section 106 of the Housing and Commu21 nity Development Act of 1974 (42 U.S.C. 

22 5306), on a pro rata basis. 

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

24 statistical area, to the State in which the metro25 politan statistical area is located. 


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

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

3 Secretary shall make such funds available on a 

4 pro rata basis under the formula in paragraph 

5 (1)(A).’’. 

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

7 such Act is amended— 

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

9 before ‘‘means’’; and 

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

11 paragraphs: 

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

13 human immunodeficiency virus. 

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

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

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

17 sum of— 

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

19 of HIV in the area; and 

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

21 in the area.’’. 

Æ 


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