[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2668 Introduced in Senate (IS)]
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114th CONGRESS
2d Session
S. 2668
To provide housing opportunities for individuals living with HIV or
AIDS.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 10, 2016
Ms. Collins (for herself, Mr. Reed, Mr. Kirk, Mr. Durbin, and Mr.
Schatz) introduced the following bill; which was read twice and
referred to the Committee on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide housing opportunities for individuals living with HIV or
AIDS.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FORMULA AND TERMS FOR ALLOCATIONS TO PREVENT HOMELESSNESS
FOR INDIVIDUALS LIVING WITH HIV OR AIDS.
(a) In General.--Subsection (c) of section 854 of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) is amended by--
(1) redesignating paragraph (3) as paragraph (5); and
(2) striking paragraphs (1) and (2) and inserting the
following:
``(1) Allocation of resources.--
``(A) Allocation formula.--The Secretary shall
allocate 90 percent of the amount approved in
appropriations Acts under section 863 among States and
metropolitan statistical areas as follows:
``(i) 75 percent of such amounts among--
``(I) cities that are the most
populous unit of general local
government in a metropolitan
statistical area 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, using the data
specified in subparagraph (B); and
``(II) States with more than 2,000
individuals living with HIV or AIDS
outside of metropolitan statistical
areas.
``(ii) 25 percent of such amounts among
States and metropolitan statistical areas based
on the method described in subparagraph (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 shall be
the number of such individuals as confirmed by the
Director 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), the Secretary shall develop a method that
accounts for--
``(i) differences in housing costs among
States and metropolitan statistical areas based
on the fair market rental established pursuant
to section 8(c) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(c)) or another
methodology established through a notice
published by the Secretary in the Federal
Register; and
``(ii) differences in poverty rates among
States and metropolitan statistical areas based
on area poverty indexes or another methodology
established through a notice published by the
Secretary in the Federal Register.
``(2) Maintaining grants.--
``(A) Continued eligibility of fiscal year 2016
grantees.--A grantee that received an allocation in
fiscal year 2016 shall continue to be eligible for
allocations under paragraph (1) in subsequent fiscal
years, subject to--
``(i) the amounts available from
appropriations Acts under section 863;
``(ii) approval under section 105 by the
Secretary of the most recent comprehensive
housing affordability strategy for the grantee;
and
``(iii) the requirements of subparagraph
(C).
``(B) Adjustments.--Allocations to grantees
described in subparagraph (A) shall be adjusted
annually based on sections 203 (except subsection (d))
and 209 of division C of the Consolidated and Further
Continuing Appropriations Act, 2012 (Public Law 112-55;
125 Stat. 693) except that, in lieu of the number of
cases of AIDS, such sections shall be adjusted, through
a notice published by the Secretary in the Federal
Register, to reflect the number of individuals living
with HIV or AIDS, and the allocation factors under
paragraph (1)(C) of this subsection.
``(C) Redetermination of continued eligibility.--
The Secretary shall redetermine the continued
eligibility of a grantee that received an allocation in
fiscal year 2016 at least once during the 10-year
period following fiscal year 2016.
``(D) Adjustment to grants.--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 share of total available formula funds allocated to
such grantee in the preceding fiscal year.
``(3) Alternative grantees.--
``(A) Requirements.--The Secretary may award funds
reserved for a grantee eligible under paragraph (1) to
an alternative grantee if--
``(i) the grantee submits to the Secretary
a written agreement between the grantee and the
alternative grantee that describes how the
alternative grantee will take actions
consistent with the applicable comprehensive
housing affordability strategy for the grantee
approved under section 105 of this Act;
``(ii) the Secretary approves the written
agreement described in clause (i) and agrees to
award funds to the alternative grantee; and
``(iii) the written agreement does not
exceed a term of 10 years.
``(B) Renewal.--An agreement approved pursuant to
subparagraph (A) may be renewed by the parties with the
approval of the Secretary.
``(C) Definition.--In this paragraph, the term
`alternative grantee' means a public housing agency (as
defined in section 3(b) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b))), a unified funding
agency (as defined in section 401 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360)), a State, a
unit of general local government, or an instrumentality
of State or local government.
``(4) Reallocations.--If a State or the city that is the
most populous unit of general local government in a
metropolitan statistical area declines an allocation under
paragraph (1)(A), or the Secretary determines, in accordance
with criteria specified in regulation, that a State or the city
that is the most populous unit of general local government in a
metropolitan statistical area that is eligible for an
allocation under paragraph (1)(A) is unable to properly
administer such allocation, the Secretary shall reallocate any
funds reserved for such State or metropolitan statistical area
as follows:
``(A) For funds reserved for a State--
``(i) to eligible metropolitan statistical
areas within the State on a pro rata basis; or
``(ii) if there is no eligible metropolitan
statistical area within a State, to
metropolitan cities and urban counties within
the State that are eligible for a grant under
section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306), on a
pro rata basis.
``(B) For funds reserved for a metropolitan
statistical area, to the State in which the
metropolitan statistical area is located.
``(C) If the Secretary is unable to make a
reallocation under subparagraph (A) or (B), the
Secretary shall make such funds available on a pro rata
basis under the formula in paragraph (1)(A).''.
(b) Amendment to Definitions.--Section 853 of the AIDS Housing
Opportunity Act (42 U.S.C. 12902) is amended--
(1) in paragraph (1), by inserting ``or `AIDS''' before
``means''; and
(2) by inserting at the end the following new paragraphs:
``(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.''.
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