Responsibilities of grantees

42 U.S.C. § 12905

• Title: 42 — The Public Health and Welfare
• Chapter: 131 — HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

Text

(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 coordinate 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 organizations and agencies providing services for such eligible 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 confidentiality of the name of any individual assisted with amounts from a grant under this chapter and any other information regarding individuals receiving such assistance.
(f) Financial records
The recipient shall agree to maintain and provide the grantee or the Secretary with financial records sufficient, in the determination of the Secretary, to ensure proper accounting and disbursing of amounts received from a grant under this chapter.
(g) Administrative expenses
Notwithstanding any other provision of this chapter, each grantee may use not more than 3 percent of the grant amount for administrative costs relating to administering grant amounts and allocating such amounts to project sponsors.
Notwithstanding any other provision of this chapter, each project sponsor receiving amounts from grants made under this chapter 1 may use not more than 7 percent of the amounts received for administrative costs relating to carrying out eligible activities under section 12904 of this title, including the costs of staff necessary to carry out eligible activities.
(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 regulations 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 notice published in the Federal Register.
(j) Qualifying smoke alarms
Each dwelling unit assisted under this chapter shall contain qualifying smoke alarms that are installed in accordance with applicable codes and standards published by the International 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 containing such a dwelling unit.
For purposes of this subsection, the following definitions shall apply:
The term "smoke alarm" has the meaning given the term "smoke detector" in section 2225(d) of title 15.
The term "qualifying smoke alarm" means a smoke alarm that—
(i) in the case of a dwelling unit built before December 29, 2022, and not substantially 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 National 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.

History

(Pub. L. 101–625, title VIII, §856, Nov. 28, 1990, 104 Stat. 4378; Pub. L. 102–550, title VI, §606(f), (j)(4), (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

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 acquired immunodeficiency syndrome or related diseases" 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 follows: "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 individuals, the fees will be based on the income and resources 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 section 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 devices, see section 101(j) of div. Q of Pub. L. 116–260, set out as a note under section 1437a of this title.