---
kind: "section"
citation: "42 U.S.C. § 12902"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12902"
heading: "Definitions"
release: "119-102"
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](/usc/42/803.md?p=g-10), or a [nonprofit organization](#13) eligible to receive assistance under this chapter.
- (3) The term “low-income individual” means any individual or [family](/usc/42/290ff–4.md?p=d-2) whose [incomes](/usc/42/292s.md?p=c-4) do not exceed 80 percent of the median [income](/usc/42/292s.md?p=c-4) for the area, as determined by the [Secretary](#8) of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development, with adjustments for smaller and larger [families](/usc/42/12704.md?p=11), except that the [Secretary](#8) may establish [income](/usc/42/292s.md?p=c-4) ceilings higher or lower than 80 percent of the median [income](/usc/42/292s.md?p=c-4) for the area if the [Secretary](#8) finds that such variations are necessary because of prevailing levels of [construction](/usc/42/7479.md?p=2-C) costs or unusually high or low [family](/usc/42/290ff–4.md?p=d-2) [incomes](/usc/42/292s.md?p=c-4).
- (4) The term “grantee” means a [State](#9) or [unit of general local government](/usc/42/803.md?p=g-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](/usc/42/3058f.md?p=1) 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](/usc/42/8401a.md).
- (7) The term “recipient” means a [grantee](#4) or other [applicant](#2) receiving [funds](/usc/42/12854.md?p=3) under this chapter.[^1]
- (8) The term “Secretary” means the Secretary of [Housing](/usc/42/1490p–2.md?p=r-3) and Urban Development.
- (9) The term “State” means a State of the [United States](/usc/42/403.md?p=k), the District of Columbia, and the Commonwealth of Puerto Rico, or any agency 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](/usc/42/803.md?p=g-10)” 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](/usc/42/1320a–7k.md?p=d-4-C-i) with acquired immunodeficiency syndrome or a related disease and the [family](/usc/42/290ff–4.md?p=d-2) of such [person](/usc/42/1320a–7k.md?p=d-4-C-i).
- (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](/usc/42/1320d.md?p=7) of financial accountability acceptable to the [Secretary](#8); and
  - (D) has among its purposes significant activities related to providing services or [housing](/usc/42/1490p–2.md?p=r-3) to [persons](/usc/42/1320a–7k.md?p=d-4-C-i) with acquired immunodeficiency syndrome or related diseases.
- (14) The term “project sponsor” means a [nonprofit organization](#13) or a [housing](/usc/42/1490p–2.md?p=r-3) agency of a [State](#9) or [unit of general local government](/usc/42/803.md?p=g-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](/usc/42/11360.md?p=9) 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).