
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-377 Section 1(a)(1)[203(c)]]
[CITE: 42USC12905]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
        CHAPTER 131--HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
 
Sec. 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

        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.
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    \1\ See References in Text note below.
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(Pub. L. 101-625, title VIII, Sec. 856, Nov. 28, 1990, 104 Stat. 4378; 
Pub. L. 102-550, title VI, Sec. 606(f), (j)(4), (11)(A), Oct. 28, 1992, 
106 Stat. 3809-3811.)

                       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 (Secs. 851-863) of title VIII 
of Pub. L. 101-625, to reflect the probable intent of Congress.


                               Amendments

    1992--Subsec. (c). Pub. L. 102-550, Sec. 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, Sec. 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, Sec. 606(f)(2), added subsec. (g).

                  Section Referred to in Other Sections

    This section is referred to in sections 12907, 12908, 12910 of this 
title.
