42 U.S.C. § 12905 — Responsibilities of grantees

Page 8508 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12905 1 See References in Text note below. Par. (3). Pub. L. 102–550, § 606(h)(2), struck out ‘‘short- term’’ after ‘‘provide’’. Par. (5). Pub. L. 102–550, § 606(j)(3)(B), struck out ‘‘with acquired immunodeficiency syndrome’’ after ‘‘persons’’. Par. (6). Pub. L. 102–550, § 606(e), inserted before period at end ‘‘, except that activities developed under this paragraph may be assisted only with amounts provided under section 12903(c)(3) of this title’’. § 12905. Responsibilities of grantees (a) Prohibition of substitution of funds Amounts received from grants under this chapter may not be used to replace other amounts made available or designated by State or local governments for use for the purposes under this chapter. (b) Capability The recipient shall have, in the determination of the grantee or the Secretary, the capacity and capability to effectively administer a grant under this chapter. (c) Cooperation The recipient shall agree to cooperate and co- ordinate in providing assistance under this chapter with the agencies of the relevant State and local governments responsible for services in the area served by the applicant for eligible persons and other public and private organiza- tions and agencies providing services for such el- igible persons. (d) Prohibition of fees The recipient shall agree that no fee will be charged to any eligible person for any housing or services provided with amounts from a grant under this chapter. (e) Confidentiality The recipient shall agree to ensure the con- fidentiality of the name of any individual as- sisted with amounts from a grant under this chapter and any other information regarding in- dividuals receiving such assistance. (f) Financial records The recipient shall agree to maintain and pro- vide the grantee or the Secretary with financial records sufficient, in the determination of the Secretary, to ensure proper accounting and dis- bursing of amounts received from a grant under this chapter. (g) Administrative expenses (1) Grantees Notwithstanding any other provision of this chapter, each grantee may use not more than 3 percent of the grant amount for administra- tive costs relating to administering grant amounts and allocating such amounts to project sponsors. (2) Project sponsors Notwithstanding any other provision of this chapter, each project sponsor receiving amounts from grants made under this chap- ter 1 may use not more than 7 percent of the amounts received for administrative costs re- lating to carrying out eligible activities under section 12904 of this title, including the costs of staff necessary to carry out eligible activi- ties. (h) Environmental review For purposes of environmental review, a grant under this chapter shall be treated as assistance for a special project that is subject to section 3547 of this title, and shall be subject to the reg- ulations issued by the Secretary to implement such section. (i) Carbon monoxide alarms Each dwelling unit assisted under this chapter shall contain installed carbon monoxide alarms or detectors that meet or exceed— (1) the standards described in chapters 9 and 11 of the 2018 publication of the International Fire Code, as published by the International Code Council; or (2) any other standards as may be adopted by the Secretary, including any relevant updates to the International Fire Code, through a no- tice published in the Federal Register. (j) Qualifying smoke alarms (1) In general Each dwelling unit assisted under this chap- ter shall contain qualifying smoke alarms that are installed in accordance with applica- ble codes and standards published by the Inter- national Code Council or the National Fire Protection Association and the requirements of the National Fire Protection Association Standard 72, or any successor standard, in each level and in or near each sleeping area in such dwelling unit, including in basements but excepting crawl spaces and unfinished attics, and in each common area in a project con- taining such a dwelling unit. (2) Definitions For purposes of this subsection, the fol- lowing definitions shall apply: (A) Smoke alarm defined The term ‘‘smoke alarm’’ has the meaning given the term ‘‘smoke detector’’ in section 2225(d) of title 15. (B) Qualifying smoke alarm defined The term ‘‘qualifying smoke alarm’’ means a smoke alarm that— (i) in the case of a dwelling unit built be- fore December 29, 2022, and not substan- tially rehabilitated after December 29, 2022— (I)(aa) is hardwired; or (bb) uses 10-year non rechargeable, nonreplaceable primary batteries and— (AA) is sealed; (BB) is tamper resistant; and (CC) contains silencing means; and (II) provides notification for persons with hearing loss as required by the Na- tional Fire Protection Association Standard 72, or any successor standard; or (ii) in the case of a dwelling unit built or substantially rehabilitated after December 29, 2022, is hardwired. (Pub. L. 101–625, title VIII, § 856, Nov. 28, 1990, 104 Stat. 4378; Pub. L. 102–550, title VI, § 606(f), (j)(4), Page 8509 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12907 (11)(A), Oct. 28, 1992, 106 Stat. 3809–3811; Pub. L. 106–377, § 1(a)(1) [title II, § 203(c)], Oct. 27, 2000, 114 Stat. 1441, 1441A–24; Pub. L. 116–260, div. Q, title I, § 101(e), Dec. 27, 2020, 134 Stat. 2164; Pub. L. 117–328, div. AA, title VI, § 601(d), Dec. 29, 2022, 136 Stat. 5545.) Editorial Notes REFERENCES IN TEXT Under this chapter, referred to in subsec. (g)(2), was in the original ‘‘under this title’’, and was translated as reading ‘‘under this subtitle’’, meaning under subtitle D (§§ 851–863) of title VIII of Pub. L. 101–625, to reflect the probable intent of Congress. AMENDMENTS 2022—Subsec. (j). Pub. L. 117–328 added subsec. (j). 2020—Subsec. (i). Pub. L. 116–260 added subsec. (i). 2000—Subsec. (h). Pub. L. 106–377 added subsec. (h). 1992—Subsec. (c). Pub. L. 102–550, § 606(j)(4), (11)(A), substituted ‘‘eligible persons’’ for ‘‘individuals with ac- quired immunodeficiency syndrome or related dis- eases’’ and ‘‘services for such eligible persons’’ for ‘‘services for such individuals’’. Subsec. (d). Pub. L. 102–550, § 606(f)(1), added subsec. (d) and struck out former subsec. (d) which read as fol- lows: ‘‘NO FEE.—The recipient shall agree that no fee will be charged of any low-income individual for any services provided with amounts from a grant under this chapter and that if fees are charged of any other indi- viduals, the fees will be based on the income and re- sources of the individual.’’ Subsec. (g). Pub. L. 102–550, § 606(f)(2), added subsec. (g). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–328 effective 2 years after Dec. 29, 2022, see section 601(h) of div. AA of Pub. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking. EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 effective 2 years after Dec. 27, 2020, see section 101(h) of div. Q of Pub. L. 116–260, set out as a note under section 1701q of Title 12, Banks and Banking. CONSTRUCTION OF 2022 AMENDMENT Nothing in amendment made by Pub. L. 117–328 to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see sec- tion 601(i) of div. AA of Pub. L. 117–328, set out as a note under section 1701q of Title 12, Banks and Banking. CONSTRUCTION OF 2020 AMENDMENT Nothing in amendment made by Pub. L. 116–260 to be construed to preempt or limit applicability of certain State or local laws relating to carbon monoxide de- vices, see section 101(j) of div. Q of Pub. L. 116–260, set out as a note under section 1437a of this title. § 12906. Grants for AIDS housing information and coordination services Grants under this section may only be used for the following activities: (1) Housing information services To provide (or contract to provide) coun- seling, information, and referral services to assist eligible persons to locate, acquire, fi- nance, and maintain housing and meet their housing needs. (2) Resource identification To identify, coordinate, and develop housing assistance resources (including conducting preliminary research and making expenditures necessary to determine the feasibility of spe- cific housing-related initiatives) for eligible persons. (Pub. L. 101–625, title VIII, § 857, Nov. 28, 1990, 104 Stat. 4379; Pub. L. 102–550, title VI, § 606(j)(11)(B), Oct. 28, 1992, 106 Stat. 3811.) Editorial Notes AMENDMENTS 1992—Pars. (1), (2). Pub. L. 102–550 substituted ‘‘eligi- ble persons’’ for ‘‘individuals with acquired immuno- deficiency syndrome or related diseases’’. § 12907. AIDS short-term supported housing and services (a) Use of grants Any amounts received from grants under this section may only be used to carry out a program to provide (or contract to provide) assistance to eligible persons who are homeless or in need of housing assistance to prevent homelessness, which may include the following activities: (1) Short-term supported housing Purchasing, leasing, renovating, repairing, and converting facilities to provide short-term shelter and services. (2) Short-term housing payments assistance Providing rent assistance payments for short-term supported housing and rent, mort- gage, and utilities payments to prevent home- lessness of the tenant or mortgagor of a dwell- ing. (3) Supportive services Providing supportive services, to eligible persons assisted under paragraphs (1) and (2), including health, mental health, assessment, permanent housing placement, drug and alco- hol abuse treatment and counseling, day care, and nutritional services (except that health services under this paragraph may only be pro- vided to individuals with acquired immuno- deficiency syndrome or related diseases), and providing technical assistance to eligible per- sons to provide assistance in gaining access to benefits and services for homeless individuals provided by the Federal Government and State and local governments. (4) Operation Providing for the operation of short-term supported housing provided under this section, including the costs of security, operation in- surance, utilities, furnishings, equipment, sup- plies, and other incidental costs. (5) Administration Providing staff to carry out the program under this section (subject to the provisions of section 12905(g) of this title). (b) Program requirements (1) Minimum use period for structures (A) In general Any building or structure assisted with amounts from a grant under this section shall be maintained as a facility to provide short-term supported housing or assistance for eligible persons—