[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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