42 U.S.C. § 12910 — Grants for community residences and

Page 8511 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12910 1 So in original. Probably should be preceded by ‘‘section’’. 1 See References in Text note below. Subsec. (b)(3)(C). Pub. L. 102–550, § 606(g)(2)(B), added subpar. (C). § 12908. Rental assistance (a) Use of funds (1) In general Grants under this section may be used only for assistance to provide rental assistance for low-income eligible persons. Such assistance may be project based or tenant based and shall be provided to the extent practicable in the manner provided for under section 1437f of this title. Grantees shall ensure that the housing provided is decent, safe, and sanitary. (2) Shared housing arrangements Grants under this section may be used to as- sist individuals who elect to reside in shared housing arrangements in the manner provided under section 1437f(p) of this title, except that, notwithstanding such section, assistance under this section may be made available to nonelderly individuals. The Secretary shall issue any standards for shared housing under this paragraph that vary from standards issued under section 1437f(p) of this title only to the extent necessary to provide for cir- cumstances of shared housing arrangements under this paragraph that differ from cir- cumstances of shared housing arrangements for elderly families under section 1437f(p) of this title. (b) Limitations A recipient under this section shall comply with the following requirements: (1) Services The recipient shall provide for qualified service providers in the area to provide appro- priate services to the eligible persons assisted under this section. (2) Intensive assistance For any individual with acquired immuno- deficiency syndrome or related diseases who requires more care than can be provided in housing assisted under this section, the recipi- ent shall provide for the locating of a care pro- vider who can appropriately care for the indi- vidual and referral of the individual to the care provider. (c) Administrative costs A project sponsor providing rental assistance under this section may use amounts from any grant received under this section for administra- tive expenses involved in providing such assist- ance, subject to the provisions of 12905(g)(2) 1 of this title. (Pub. L. 101–625, title VIII, § 859, Nov. 28, 1990, 104 Stat. 4381; Pub. L. 102–550, title VI, § 606(h)(1), (j)(6), (7), (11)(D), Oct. 28, 1992, 106 Stat. 3810, 3811.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–550, § 606(h)(1)(A), substituted ‘‘Rent- al assistance’’ for ‘‘Short-term rental assistance’’ in section catchline. Subsec. (a)(1). Pub. L. 102–550, § 606(h)(1)(B), (j)(11)(D), struck out ‘‘short-term’’ before ‘‘rental assistance’’ and substituted ‘‘eligible persons’’ for ‘‘individuals with ac- quired immunodeficiency syndrome or related dis- eases’’. Subsec. (b)(1). Pub. L. 102–550, § 606(j)(6), substituted ‘‘eligible persons’’ for ‘‘individuals’’. Subsec. (b)(2). Pub. L. 102–550, § 606(j)(7), inserted ‘‘with acquired immunodeficiency syndrome or related diseases’’ after ‘‘any individual’’. Subsec. (c). Pub. L. 102–550, § 606(h)(1)(C), added sub- sec. (c). § 12909. Single room occupancy dwellings (a) Use of grants Grants under this section may be used to pro- vide project-based rental assistance or grants to facilitate the development of single room occu- pancy dwellings. To the extent practicable, a program under this section shall be carried out in the manner provided for under section 1437f(n) 1 of this title. (b) Limitation Recipients under this section shall require the provision to individuals assisted under this sec- tion of the following assistance: (1) Services Appropriate services provided by qualified service providers in the area. (2) Intensive assistance For any individual with acquired immuno- deficiency syndrome or related diseases who requires more care than can be provided in housing assisted under this section, locating a care provider who can appropriately care for the individual and referral of the individual to the care provider. (Pub. L. 101–625, title VIII, § 860, Nov. 28, 1990, 104 Stat. 4381; Pub. L. 102–550, title VI, § 606(j)(7), Oct. 28, 1992, 106 Stat. 3810.) Editorial Notes REFERENCES IN TEXT Section 1437f(n) of this title, referred to in subsec. (a), was repealed by Pub. L. 105–276, title V, § 550(a)(7), Oct. 21, 1998, 112 Stat. 2609. AMENDMENTS 1992—Subsec. (b)(2). Pub. L. 102–550 inserted ‘‘with ac- quired immunodeficiency syndrome or related dis- eases’’ after ‘‘any individual’’. § 12910. Grants for community residences and services (a) Grant authority The Secretary of Housing and Urban Develop- ment may make grants to States and metropoli- tan areas to develop and operate community residences and provide services for eligible per- sons. (b) Community residences and services (1) Community residences (A) In general A community residence under this section shall be a multiunit residence designed for eligible persons for the following purposes: Page 8512 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12910 (i) To provide a lower cost residential al- ternative to institutional care and to pre- vent or delay the need for institutional care. (ii) To provide a permanent or transi- tional residential setting with appropriate services that enhances the quality of life for individuals who are unable to live inde- pendently. (iii) To prevent homelessness among eli- gible persons by increasing available suit- able housing resources. (iv) To integrate eligible persons into local communities and provide services to maintain the abilities of such eligible per- sons to participate as fully as possible in community life. (B) Rent Except to the extent that the costs of pro- viding residence are reimbursed or provided by any other assistance from Federal or non- Federal public sources, each resident in a community residence shall pay as rent for a dwelling unit an amount equal to the fol- lowing: (i) For low-income individuals, the amount of rent paid under section 3(a) of the United States Housing Act of 1937 (42 U.S.C. 1437a(a)) by a low-income family (as the term is defined in section 3(b)(2) of such Act (42 U.S.C. 1437a(b)(2))) for a dwell- ing unit assisted under such Act [42 U.S.C. 1437 et seq.]. (ii) For any resident that is not a low-in- come resident, an amount based on a for- mula, which shall be determined by the Secretary, under which rent is determined by the income and resources of the resi- dent. (C) Fees Fees may be charged for any services pro- vided under subsection (c)(2) to residents of a community residence, except that any fees charged shall be based on the income and re- sources of the resident and the provision of services to any resident of a community res- idence may not be withheld because of an in- ability of the resident to pay such fee. (D) Section 1437f assistance Assistance made available under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) may be used in conjunction with a community residence under this sub- section for tenant-based assistance. (2) Services Services provided with a grant under this section shall consist of services appropriate in assisting eligible persons to enhance their quality of life, enable such individuals to more fully participate in community life, and delay or prevent the placement of such individuals in hospitals or other institutions. (c) Use of grants Any amounts received from a grant under this section may be used only as follows: (1) Community residences For providing assistance in connection with community residences under subsection (b)(1) for the following activities: (A) Physical improvements Construction, acquisition, rehabilitation, conversion, retrofitting, and other physical improvements necessary to make a struc- ture suitable for use as a community resi- dence. (B) Operating costs Operating costs for a community resi- dence. (C) Technical assistance Technical assistance in establishing and operating a community residence, which may include planning and other predevelopment or preconstruction expenses, and expenses relating to community out- reach and educational activities regarding acquired immunodeficiency syndrome and related diseases provided for individuals re- siding in proximity of eligible persons as- sisted under this chapter. (D) In-house services Services appropriate for individuals resid- ing in a community residence, which may include staff training and recruitment. (2) Services For providing services under subsection (b)(2) to any individuals assisted under this chapter. (3) Administrative expenses For administrative expenses related to the planning and carrying out activities under this section (subject to the provisions of sec- tion 12905(g) of this title). (d) Limitations on use of grants (1) Community residences Any jurisdiction that receives a grant under this section may not use any amounts received under the grant for the purposes under sub- section (c)(1), except for planning and other expenses preliminary to construction or other physical improvement under subsection (c)(1)(A), unless the jurisdiction certifies to the Secretary, as the Secretary shall require, the following: (A) Service agreement That the jurisdiction has entered into a written agreement with service providers qualified to deliver any services included in the proposal under subsection (c) to provide such services to eligible persons assisted by the community residence. (B) Funding and capability That the jurisdiction will have sufficient funding for such services and the service providers are qualified to assist eligible per- sons. (C) Zoning and building codes That any construction or physical im- provements carried out with amounts re- ceived from the grant will comply with any applicable State and local housing codes and licensing requirements in the jurisdiction in which the building or structure is located. (D) Intensive assistance That, for any individual with acquired im- munodeficiency syndrome or related dis- Page 8513 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12912 eases who resides in a community residence assisted under the grant and who requires more intensive care than can be provided by the community residence, the jurisdiction will locate for and refer the individual to a service provider who can appropriately care for the individual. (2) Services Any jurisdiction that receives a grant under this section may use any amounts received under the grant for the purposes under sub- section (c)(2) only for the provision of services by service providers qualified to provide such services to eligible persons. (Pub. L. 101–625, title VIII, § 861, Nov. 28, 1990, 104 Stat. 4382; Pub. L. 102–550, title VI, § 606(i), (j)(8)–(10), (11)(E), Oct. 28, 1992, 106 Stat. 3810, 3811; Pub. L. 105–276, title V, § 550(b), Oct. 21, 1998, 112 Stat. 2609.) Editorial Notes REFERENCES IN TEXT The United States Housing Act of 1937, referred to in subsec. (b)(1)(B)(i), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, which is classified generally to chap- ter 8 (§ 1437 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables. AMENDMENTS 1998—Subsec. (b)(1)(D). Pub. L. 105–276 substituted ‘‘assistance’’ for ‘‘certificates or vouchers’’. 1992—Subsec. (a). Pub. L. 102–550, § 606(j)(8), sub- stituted ‘‘eligible persons’’ for ‘‘persons with acquired immunodeficiency syndrome or related diseases’’. Subsec. (b)(1)(A). Pub. L. 102–550, § 606(j)(11)(E)(i), sub- stituted ‘‘eligible persons’’ for ‘‘individuals with ac- quired immunodeficiency syndrome or related dis- eases’’ in introductory provisions and cl. (iii). Subsec. (b)(1)(A)(iv). Pub. L. 102–550, § 606(j)(9), (11)(E)(i), substituted ‘‘eligible persons’’ for ‘‘individ- uals with acquired immunodeficiency syndrome or re- lated diseases’’ and ‘‘such eligible persons’’ for ‘‘such individuals’’. Subsec. (b)(2). Pub. L. 102–550, § 606(j)(11)(E)(i), which directed the substitution of ‘‘eligible persons’’ for ‘‘in- dividuals with acquired immunodeficiency syndrome or related diseases’’ wherever appearing in subsec. (b), was executed by making the substitution for ‘‘individuals with acquired immunodeficiency syndrome and related diseases’’ in par. (2) to reflect the probable intent of Congress. Subsec. (c)(1)(C). Pub. L. 102–550, § 606(i)(1), inserted before period at end ‘‘, and expenses relating to com- munity outreach and educational activities regarding acquired immunodeficiency syndrome and related dis- eases provided for individuals residing in proximity of eligible persons assisted under this chapter’’. Subsec. (c)(3). Pub. L. 102–550, § 606(i)(2), added par. (3) and struck out former par. (3) which read as follows: ‘‘For administrative expenses related to the planning and execution of activities under this section, except that a jurisdiction that receives a grant under this sec- tion may expend not more than 10 percent of the amount received under the grant for such administra- tive expenses. Administrative expenses under this para- graph may include expenses relating to community outreach and educational activities regarding acquired immunodeficiency syndrome and related diseases, for staff carrying out activities assisted with a grant under this section and for individuals who reside in proximity of individuals assisted under this chapter.’’ Subsec. (d). Pub. L. 102–550, § 606(j)(11)(E)(ii), which di- rected the substitution of ‘‘eligible persons’’ for ‘‘indi- viduals with acquired immunodeficiency syndrome or related diseases’’ wherever appearing in subsec. (d), was executed by making the substitution for ‘‘individuals with acquired immunodeficiency syndrome and related diseases’’ in pars. (1)(B) and (2) to reflect the probable intent of Congress. Subsec. (d)(1)(A). Pub. L. 102–550, § 606(j)(10)(A), sub- stituted ‘‘eligible persons’’ for ‘‘individuals’’. Subsec. (d)(1)(D). Pub. L. 102–550, § 606(j)(10)(B), in- serted ‘‘with acquired immunodeficiency syndrome or related diseases’’ after ‘‘any individual’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by title V of Pub. L. 105–276 effective and applicable beginning upon Oct. 1, 1999, except as other- wise provided, with provision that Secretary may im- plement amendment before such date, except to extent that such amendment provides otherwise, and with sav- ings provision, see section 503 of Pub. L. 105–276, set out as a note under section 1437 of this title. § 12911. Report Any organization or agency that receives a grant under this chapter shall submit to the Secretary, for any fiscal year in which the orga- nization or agency receives a grant under this chapter, a report describing the use of the amounts received, which shall include the num- ber of individuals assisted, the types of assist- ance provided, and any other information that the Secretary determines to be appropriate. (Pub. L. 101–625, title VIII, § 862, Nov. 28, 1990, 104 Stat. 4384.) § 12912. Authorization of appropriations There are authorized to be appropriated to carry out this chapter $150,000,000 for fiscal year 1993 and $156,300,000 for fiscal year 1994. (Pub. L. 101–625, title VIII, § 863, Nov. 28, 1990, 104 Stat. 4384; Pub. L. 102–550, title VI, § 606(b), Oct. 28, 1992, 106 Stat. 3806.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–550 amended section generally. Prior to amendment, section read as follows: ‘‘There are au- thorized to be appropriated to carry out this chapter $75,000,000 for fiscal year 1991, and $156,500,000 for fiscal year 1992.’’ CHAPTER 132—VICTIMS OF CHILD ABUSE SUBCHAPTER I—IMPROVING INVESTIGATION AND PROSECUTION OF CHILD ABUSE CASES Sec. 13001 to 13005. Transferred. SUBCHAPTER II—COURT-APPOINTED SPECIAL ADVOCATE PROGRAM 13011 to 13013. Transferred. 13013a. Omitted. 13014. Transferred. SUBCHAPTER III—CHILD ABUSE TRAINING PRO- GRAMS FOR JUDICIAL PERSONNEL AND PRAC- TITIONERS 13021 to 13024. Transferred. SUBCHAPTER IV—REPORTING REQUIREMENTS 13031. Transferred. 13032. Repealed.