42 U.S.C. § 12904 — Eligible activities

Page 8507 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12904 1 See References in Text note below. Editorial Notes REFERENCES IN TEXT Section 12705 of this title, referred to in subsec. (c)(2)(A)(ii), (3)(A)(I), was in the original ‘‘section 105’’ or ‘‘section 105 of this Act’’, meaning section 105 of the AIDS Housing Opportunity Act, and was translated as meaning section 105 of the Cranston-Gonzalez National Affordable Housing Act, to reflect the probable intent of Congress. The AIDS Housing Opportunity Act does not contain a section 105. AMENDMENTS 2017—Subsec. (c)(2)(A)(i). Pub. L. 115–31, § 203(1), redes- ignated subcl. (I) as cl. (i). Subsec. (c)(2)(D). Pub. L. 115–31, § 203(2), amended sub- par. (D) generally. Prior to amendment, text read as follows: ‘‘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 amount allocated to such grantee in the preceding fiscal year.’’ 2016—Subsec. (c). Pub. L. 114–201 added pars. (1) to (4), redesignated former par. (3) as (5), and struck out former pars. (1) and (2) which related to formula alloca- tion and minimum grant, respectively. 1992—Subsec. (a). Pub. L. 102–550, § 606(d)(1), sub- stituted ‘‘, units of general local government, and non- profit organizations’’ for ‘‘and units of general local government’’. Subsec. (b). Pub. L. 102–550, § 606(d)(2), added subsec. (b) and struck out former subsec. (b) which read as fol- lows: ‘‘ELIGIBILITY.—A jurisdiction shall be eligible to receive a grant only if it has obtained an approved housing strategy (or an approved abbreviated housing strategy) in accordance with section 12705 of this title. A grantee shall carry out activities authorized under this chapter through contracts with project sponsors, except that a grantee that is a State shall obtain the approval of the unit of general local government for the locality in which a project is to be located prior to en- tering into such contracts.’’ Subsec. (c)(1). Pub. L. 102–550, § 606(d)(3), added par. (1) and struck out former par. (1) which read as follows: ‘‘IN GENERAL.—90 percent of the amounts approved in appropriations Acts under section 12912 of this title shall be allocated among eligible grantees on the basis of the incidence of acquired immunodeficiency syn- drome. Of the amounts made available under the pre- vious sentence, the Secretary shall allocate— ‘‘(A) 75 percent among units of general local gov- ernment located in metropolitan statistical areas with populations in excess of 500,000 and more than 1,500 cases of acquired immunodeficiency syndrome and States with more than 1,500 cases of acquired im- munodeficiency syndrome outside of metropolitan statistical areas described in subparagraph (A), and ‘‘(B) 25 percent among units of general local govern- ment in metropolitan statistical areas with popu- lations in excess of 500,000 and more than 1,500 cases of acquired immunodeficiency syndrome, that have a higher than average per capita incidence of acquired immunodeficiency syndrome.’’ Subsec. (c)(3). Pub. L. 102–550, § 606(d)(4)(A), sub- stituted ‘‘Nonformula allocation’’ for ‘‘Noneligible grantees’’ in heading. Subsec. (c)(3)(A). Pub. L. 102–550, § 606(d)(4)(B), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘IN GENERAL.—10 percent of the amounts appropriated under section 12912 of this title shall be distributed to grantees and recipients by the Secretary— ‘‘(i) to meet housing needs in States and localities that do not qualify under paragraph (1), or that do qualify under paragraph (1) but do not have an ap- proved housing strategy under section 12705 of this title, and ‘‘(ii) to fund special projects of national signifi- cance.’’ Subsec. (c)(3)(B), (C). Pub. L. 102–550, § 606(j)(2), sub- stituted ‘‘eligible persons’’ for ‘‘persons with acquired immunodeficiency syndrome’’ wherever appearing. Subsec. (d). Pub. L. 102–550, § 606(d)(5), substituted ‘‘applications submitted by applicants and approved by the Secretary’’ for ‘‘approvable applications submitted by eligible applicants’’ in first sentence. Subsec. (e). Pub. L. 102–550, § 606(d)(6), substituted ‘‘other requirements of this section’’ for ‘‘requirements of subsection (b) of this section’’. Subsec. (f). Pub. L. 102–550, § 606(d)(7), added subsec. (f). Statutory Notes and Related Subsidiaries CHANGE OF NAME Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504. § 12904. Eligible activities Grants allocated under this chapter shall be available only for approved activities to carry out strategies designed to prevent homelessness among eligible persons. Approved activities shall include activities that— (1) enable public and nonprofit organizations or agencies to provide housing information to such persons and coordinate efforts to expand housing assistance resources for such persons under section 12906 of this title; (2) facilitate the development and operation of shelter and services for such persons under section 12907 of this title; (3) provide rental assistance to such persons under section 12908 of this title; (4) facilitate (through project-based rental assistance or other means) the moderate reha- bilitation of single room occupancy dwellings (SROs) that would be made available only to such persons under section 12909 of this title; (5) facilitate the development of community residences for eligible persons under section 12910 of this title; (6) carry out other activities that the Sec- retary develops in cooperation with eligible States and localities, except that activities de- veloped under this paragraph may be assisted only with amounts provided under section 12903(c)(3) 1 of this title. The Secretary shall establish standards and guidelines for approved activities. The Secretary shall permit grantees to refine and adapt such standards and guidelines for individual projects, where such refinements and adaptations are made necessary by local circumstances. (Pub. L. 101–625, title VIII, § 855, Nov. 28, 1990, 104 Stat. 4378; Pub. L. 102–550, title VI, § 606(e), (h)(2), (j)(3), Oct. 28, 1992, 106 Stat. 3808, 3810.) Editorial Notes REFERENCES IN TEXT Section 12903(c)(3) of this title, referred to in par. (6), was redesignated section 12903(c)(5) of this title by Pub. L. 114–201, title VII, § 701(a)(1), July 29, 2016, 130 Stat. 812. AMENDMENTS 1992—Pub. L. 102–550, § 606(j)(3)(A), in introductory provisions, substituted ‘‘eligible persons’’ for ‘‘such persons with acquired immunodeficiency syndrome’’. 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),