42 U.S.C. § 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 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

(1)

Grantees

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.

(2)

Project sponsors

1 See References in Text note below.

section 12904 of this titleNotwithstanding any other provision of this chapter, each project sponsor receiving amounts from grants made under this chapter  may use not more than 7 percent of the amounts received for administrative costs relating to carrying out eligible activities under , including the costs of staff necessary to carry out eligible activities.

(h)

Environmental review

section 3547 of this titleFor purposes of environmental review, a grant under this chapter shall be treated as assistance for a special project that is subject to , 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

(1)

In general

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.

(2)

Definitions

For purposes of this subsection, the following definitions shall apply:

(A)

Smoke alarm defined

section 2225(d) of title 15The term “smoke alarm” has the meaning given the term “smoke detector” in .

(B)

Qualifying smoke alarm defined

The term “qualifying smoke alarm” means a smoke alarm that—

(i)

December 29, 2022December 29, 2022 in the case of a dwelling unit built before , and not substantially rehabilitated after —

(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)

December 29, 2022 in the case of a dwelling unit built or substantially rehabilitated after , is hardwired.

Pub. L. 101–625, title VIII, § 856Nov. 28, 1990104 Stat. 4378 Pub. L. 102–550, title VI, § 606(f)Oct. 28, 1992106 Stat. 3809–3811 Pub. L. 106–377, § 1(a)(1) [title II, § 203(c)]Oct. 27, 2000114 Stat. 1441 Pub. L. 116–260, div. Q, title I, § 101(e)Dec. 27, 2020134 Stat. 2164 Pub. L. 117–328, div. AA, title VI, § 601(d)Dec. 29, 2022136 Stat. 5545 (, , ; , (j)(4), (11)(A), , ; , , , 1441A–24; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 101–625Under 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 , to reflect the probable intent of Congress.

Amendments

Pub. L. 117–3282022—Subsec. (j). added subsec. (j).

Pub. L. 116–2602020—Subsec. (i). added subsec. (i).

Pub. L. 106–3772000—Subsec. (h). added subsec. (h).

Pub. L. 102–550, § 606(j)(4)1992—Subsec. (c). , (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”.

Pub. L. 102–550, § 606(f)(1)No FeeSubsec. (d). , added subsec. (d) and struck out former subsec. (d) which read as follows: “.—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.”

Pub. L. 102–550, § 606(f)(2)Subsec. (g). , added subsec. (g).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328Dec. 29, 2022section 601(h) of div. AA of Pub. L. 117–328 section 1701q of Title 12Amendment by effective 2 years after , see , set out as a note under , Banks and Banking.

Effective Date of 2020 Amendment

Pub. L. 116–260Dec. 27, 2020section 101(h) of div. Q of Pub. L. 116–260 section 1701q of Title 12Amendment by effective 2 years after , see , set out as a note under , Banks and Banking.

Construction of 2022 Amendment

Pub. L. 117–328 section 601(i) of div. AA of Pub. L. 117–328 section 1701q of Title 12Nothing in amendment made by to be construed to preempt or limit applicability of certain State or local laws relating to smoke alarms, see , set out as a note under , Banks and Banking.

Construction of 2020 Amendment

Pub. L. 116–260 section 101(j) of div. Q of Pub. L. 116–260 section 1437a of this titleNothing in amendment made by to be construed to preempt or limit applicability of certain State or local laws relating to carbon monoxide devices, see , set out as a note under .