H. R. 133--888 

Subtitle D-Extension of Waiver Authority

SEC. 442. EXTENSION OF WAIVER AUTHORITY. 

Notwithstanding any other provision oflaw, in fiscal year 2021,

the Secretary of Transportation may exercise the authority provided

by section 22005 of division B of the CARES Act (23 U.S.C. 401 

note; Public Law 116-136). 

TITLE V-BANKING

Subtitle A-Emergency Rental Assistance

SEC. 501. EMERGENCY RENTAL ASSISTANCE. 

(a) APPROPRIATION.-
H. R. 133--889 

(1) IN GENERAL.-Out of any money in the Treasury of 

the United States not otherwise appropriated, there are appropriated for making payments to eligible grantees under this 

section, $25,000,000,000 for fiscal year 2021. 

(2) RESERVATION OF FUNDS FOR THE TERRITORIES AND 

TRIBAL COMMUNITIES.-Ofthe amount appropriated under paragraph (1), the Secretary shall reserve-- (A) $400,000,000 of such amount for making payments 

under this section to the Commonwealth of Puerto Rico, 

the United States Virgin Islands, Guam, the Co=onwealth of the Northern Mariana Islands, and American 

Samoa; and 

(B) $800,000,000 of such amount for making payments 

under this section to eligible grantees described in subparagraphs (C) and (D) of subsection (k)(2); and 

(C) $15,000,000 for administrative expenses of the Secretary described in subsection (h). 

(b) PAYMENTS FOR RENTAL AsSISTANCE.-

(1) ALLOCATION AND PAYMENTS TO STATES AND UNITS OF 

LOCAL GOVERNMENT.-

(A) IN GENERAL.-The amount appropriated under 

paragraph (1) of subsection (a) that remains after the 

application of paragraph (2) of such subsection shall be 

allocated and paid to eligible grantees described in subparagraph (B) in the same manner as the amount appropriated 

under subsection (a)(l) of section 601 of the Social Security 

Act (42 U.S.C. 801) is allocated and paid to States and 

units of local government under subsections (b) and (c) 

of such section, and shall be subject to the same requirements, except that-

(i) the deadline for payments under section 

601(b)(l) of such Act shall, for purposes of payments 

under this section, be deemed to be not later than 

30 days after the date of enactment of this section; 

(ii) the amount referred to in paragraph (3) of 

section 601(c) of such Act shall be deemed to be the 

amount appropriated under paragraph (1) of subsection 

(a) of this Act that remains after the application of 

paragraph (2) of such subsection; 

(iii) section 601(c) of the Social Security Act shall 

beapplied-

(I) by substituting "1 of the 50 States or the 

District of Columbia" for "1 of the 50 States" each 

place it appears; 

(II) in paragraph (2)(A), by substituting " 

$200,000,000" for" $1,250,000,000"; 

(III) in paragraph (2)(B), by substituting "each 

of the 50 States and District of Columbia" for 

"each of the 50 States"; 

(IV) in paragraph (4), by substituting 

"excluding the Commonwealth of Puerto Rico, the 

United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and 

American Samoa" for "excluding the District of 

Columbia and territories specified in subsection 

(a)(2)(A)"; and 

(V) without regard to paragraph (6); 
H. R. 133--890 

(iv) section 601(d) of such Act shall not apply to 

such payments; and 

(v) section 601(e) shall be applied - (I) by substituting "under section 501 of subtitle A of title V of division N of the Consolidated 

Appropriations Act, 2021" for "under this section"; 

and 

(II) by substituting ''local government elects 

to receive funds from the Secretary under section 

501 of subtitle A of title V of division N of the 

Consolidated Appropriations Act, 2021 and will use the funds in a manner consistent with such 

section" for "local government's proposed uses of 

the funds are consistent with subsection (d)". 

(B) ELIGIBLE GRANTEES DESCRIBED.-The eligible 

grantees described in this subparagraph are the following: 

(i) A State that is 1 of the 50 States or the District 

of Columbia. 

(ii) A unit of local government located in a State 

described in clause (i). 

(2) ALLOCATION AND PAYMENTS TO TRIBAL COMMUNITIES.-

(A) IN GENERAL.-From the amount reserved under 

subsection (a)(2)(B), the Secretary shall-

(i) pay the amount equal to 0.3 percent of such 

amount to the Department of Hawaiian Home Lands; 

and 

(ii) subject to subparagraph (B), from the 

remainder of such amount, allocate and pay to each 

Indian tribe (or, if applicable, the tribally designated 

housing entity of an Indian tribe) that was eligible 

for a grant under title I of the Native American 

Housing Assistance and Self-Determination Act of 1996 

(NAHASDA) (25 U.S.C. 4111 et seq.) for fiscal year 

2020 an amount that bears the same proportion to 

the such remainder as the amount each such Indian 

tribe (or entity) was eligible to receive for such fiscal 

year from the amount appropriated under paragraph 

(1) under the heading ''NATIVE AMERICAN PROGRAMS" 

under the heading ''PuBLIC AND INDIAN HOUSING" of 

title II of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) to carry out 

the Native American Housing Block Grants program 

bears to the amount appropriated under such paragraph for such fiscal year, provided the Secretary shall 

be authorized to allocate, in an equitable manner as determined by the Secretary, and pay any Indian tribe 

that opted out of receiving a grant allocation under 

the Native American Housing Block Grants program 

formula in fiscal year 2020, including by establishing a minimum amount of payments to such Indian tribe, 

provided such Indian tribe notifies the Secretary not 

later than 30 days after the date of enactment of 

this Act that it intends to receive allocations and payments under this section. 

(B) PRO RATA ADJUSTMENT; DISTRIBUTION OF DECLINED 

FUNDS.-
H. R. 133--891 

(i) PRO RATA ADJUSTMENTS.-The Secretary shall 

make pro rata reductions in the amounts of the allocations determined under clause (ii) of subparagraph (A) 

for entities described in such clause as necessary to ensure that the total amount of payments made pursuant to such clause does not exceed the remainder 

amount described in such clause. 

(ii) DISTRIBUTION OF DECLINED FUNDS.-If the Secretary determines as of 30 days after the date of enactment of this Act that an entity described in clause 

(ii) of subparagraph (A) has declined to receive its 

full allocation under such clause then, not later than 

15 days after such date, the Secretary shall redistribute, on a pro rata basis, such allocation among 

the other entities described in such clause that have 

not declined to receive their allocations. 

(3) ALLOCATIONS AND PAYMENTS TO TERRITORIES.-

(A) IN GENERAL.-From the amount reserved under 

subsection (a)(2)(A), subject to subparagraph (B), the Secretary shall allocate and pay to each eligible grantee 

described in subparagraph (C) an amount equal to the 

productof-

(i) the amount so reserved; and 

(ii) each such eligible grantee's share of the com- bined total population of all such eligible grantees, as determined by the Secretary. 

(B) ALLOCATION ADJUSTMENT.-

(i) REQUIREMENT.-The sum of the amounts allocated under subparagraph (A) to all of the eligible 

grantees described in clause (ii) of subparagraph (C) 

shall not be less than the amount equal to 0.3 percent 

of the amount appropriated under subsection (a)(l). 

(ii) REDUCTION.-The Secretary shall reduce the 

amount of the allocation determined under subparagraph (A) for the eligible grantee described in clause 

(i) of subparagraph (C) as necessary to meet the 

requirement of clause (i). 

(C) ELIGIBLE GRANTEES DESCRIBED.-The eligible 

grantees described in this subparagraph are--- (i) the Co=onwealth of Puerto Rico; and 

(ii) the United States Virgin Islands, Guam, the 

Commonwealth of the Northern Mariana Islands, and 

American Samoa. 

(c) USE OF FuNDS.-

(1) IN GENERAL.-An eligible grantee shall only use the 

funds provided from a payment made under this section to 

provide financial assistance and housing stability services to 

eligible households. 

(2) FINANCIAL ASSISTANCE.-

(A) IN GENERAL.-Not less than 90 percent of the funds 

received by an eligible grantee from a payment made under 

this section shall be used to provide financial assistance 

to eligible households, including the payment of 

(i) rent; 

(ii) rental arrears; 

(iii) utilities and home energy costs; 

(iv) utilities and home energy costs arrears; and 
H. R. 133--892 

(v) other expenses related to housing incurred due, 

directly or indirectly, to the novel corona virus disease 

(COVID-19) outbreak, as defined by the Secretary. 

Such assistance shall be provided for a period not to exceed 

12 months except that grantees may provide assistance 

for an additional 3 months only if necessary to ensure 

housing stability for a household subject to the availability 

offunds. 

(B) LIMITATION ON ASSISTANCE FOR PROSPECTIVE RENT 

PAYMENTS.-

(i) IN GENERAL.-Subject to the exception in clause 

(ii), an eligible grantee shall not provide an eligible 

household with financial assistance for prospective rent payments for more than 3 months based on any 

application by or on behalf of the household. 

(ii) EXCEPTION.-For any eligible household 

described in clause (i), such household may receive 

financial assistance for prospective rent payments for 

additional months: 

(I) subject to the availability of remaining 

funds currently allocated to the eligible grantee, 

and 

(II) based on a subsequent application for additional financial assistance provided that the total 

months of financial assistance provided to the 

household do not exceed the total months of assist- ance allowed under subparagraph (A). 

(iii) FuRTHER LIMITATION.-To the extent that 

applicants have rental arrears, grantees may not make 

commitments for prospective rent payments unless 

they have also provided assistance to reduce an eligible 

household's rental arrears. (C) DISTRIBUTION OF FINANCIAL ASSISTANCE.-

(i) PAYMENTS.-

(!) IN GENERAL.-With respect to financial 

assistance for rent and rental arrears and utilities 

and home energy costs and utility and home energy costs arrears provided to an eligible household 

from a payment made under this section, an eligible grantee shall make payments to a lessor or utility provider on behalf of the eligible household, except that, if the lessor or utility provider 

does not agree to accept such payment from the 

grantee after outreach to the lessor or utility provider by the grantee, the grantee may make such 

payments directly to the eligible household for the 

purpose of making payments to the lessor or utility 

provider. 

(II) RUI.E OF CONSTRUCTION.-Nothing in this 

section shall be construed to invalidate any otherwise legitimate grounds for eviction. 

(ii) DOCUMENTATION.-For any payments made by an eligible grantee to a lessor or utility provider on behalf of an eligible household, the eligible grantee 

shall provide documentation of such payments to such 

household. 
H. R. 133--893 

(3) HOUSING STABILITY SERVICES.-Not more than 10 percent of funds received by an eligible grantee from a payment 

made under this section may be used to provide eligible households with case management and other services related to 

the novel coronavirus disease (COVID-19) outbreak, as defined 

by the Secretary, intended to help keep households stably 

housed. 

(4) PRIORITIZATION OF ASSISTANCE.-

(A) In reviewing applications for fmancial assistance 

and housing stability services to eligible households from a payment made under this section, an eligible grantee 

shall prioritize consideration of the applications of an eligible household that satisfies any of the following conditions: 

(i) The income of the household does not exceed 

50 percent of the area median income for the household. 

(ii) 1 or more individuals within the household are unemployed as of the date of the application for 

assistance and have not been employed for the 90-

day period preceding such date. 

(B) Nothing in this section shall be construed to prohibit an eligible grantee from providing a process for the 

further prioritizing of applications for fmancial assistance 

and housing stability services from a payment made under 

this section, including to eligible households in which 1 or more individuals within the household were unable to 

reach their place of employment or their place of employment was closed because of a public health order imposed as a direct result of the COVID-19 public health emergency. 

(5) AoMINISTRATNE COSTS.-

(A) IN GENERAL.-Not more than 10 percent of the 

amount paid to an eligible grantee under this section may 

be used for administrative costs attributable to providing 

financial assistance and housing stability services under 

paragraphs (2) and (3), respectively, including for data 

collection and reporting requirements related to such funds. 

(B) No OTHER ADMINISTRATIVE COSTS.-Amounts paid 

under this section shall not be used for any administrative 

costs other than to the extent allowed under subparagraph 

(A). 

(d) REALLOCATION OF UNUSED FUNDs.-Beginning on September 30, 2021, the Secretary shall recapture excess funds, as determined by the Secretary, not obligated by a grantee for the 

purposes described under subsection (c) and the Secretary shall 

reallocate and repay such amounts to eligible grantees who, at 

the time of such reallocation, have obligated at least 65 percent 

of the amount originally allocated and paid to such grantee under 

subsection (b)(l), only for the allowable uses described under subsection (c). The amount of any such reallocation shall be determined 

based on demonstrated need within a grantee's jurisdiction, as determined by the Secretary. 

(e) AVAILABILITY.-

(1) IN GENERAL.-Funds provided to an eligible grantee 

under a payment made under this section shall remain available through December 31, 2021. 
H. R. 133--894 

(2) EXTENSION FOR FUNDS PROVIDED PURSUANT TO A REALLOCATION OF UNUSED FUNDS.-For funds reallocated to an eligible grantee pursuant to subsection (d), an eligible grantee 

may request, subject to the approval of the Secretary, a 90-

day extension of the deadline established in paragraph (1). 

(f) APPLICATION FOR AsSISTANCE BY LANDLORDS AND OWNERS.-

(1) IN GENERAL.--Subject to paragraph (2), nothing in this 

section shall preclude a landlord or owner of a residential 

dwelling from-

(A) assisting a renter of such dwelling in applying 

for assistance from a payment made under this section; or (B) applying for such assistance on behalf of a renter 

of such dwelling. 

(2) REQUIREMENTS FOR APPLICATIONS SUBMITTED ON 

BEHALF OF TENANTS.-If a landlord or owner of a residential 

dwelling submits an application for assistance from a payment 

made under this section on behalf of a renter of such dwelling-

(A) the landlord must obtain the signature of the tenant on such application, which may be documented electronically; 

(B) documentation of such application shall be provided 

to the tenant by the landlord; and 

(C) any payments received by the landlord from a payment made under this section shall be used to satisfy 

the tenant's rental obligations to the owner. (g) REPORTING REQUIREMENTS.-

(1) IN GENERAL.-The Secretary, in consultation with the 

Secretary of Housing and Urban Development, shall provide 

public reports not less frequently than quarterly regarding 

the use of funds made available under this section, which 

shall include, with respect to each eligible grantee under this 

section, both for the past quarter and over the period for 

which such funds are available-

(A) the number of eligible households that receive 

assistance from such payments; 

(B) the acceptance rate of applicants for assistance; 

(C) the type or types of assistance provided to each 

eligible household; 

(D) the average amount of funding provided per eligible 

household receiving assistance; 

(E) household income level, with such information 

disaggregated for households with income that-

(i) does not exceed 30 percent of the area median 

income for the household; 

(ii) exceeds 30 percent but does not exceed 50 

percent of the area median income for the household; 

and 

(iii) exceeds 50 percent but does not exceed 80 

percent of area median income for the household; and 

(F) the average number of monthly rental or utility 

payments that were covered by the funding amount that a household received, as applicable. 

(2) DISAGGREGATION.-Each report under this subsection 

shall disaggregate the information relating to households provided under subparagraphs (A) through (F) of paragraph (1) 
H. R. 133--895 

by the gender, race, and ethnicity of the primary applicant 

for assistance in such households. 

(3) ALTERNATIVE REPORTING REQUIREMENTS FOR CERTAIN 

GRANTEES.-The Secretary may establish alternative reporting 

requirements for grantees described in subsection (b)(2). 

(4) PRIVACY REQUIREMENTS.-

(A) IN GENERAL.-Each eligible grantee that receives a payment under this section shall establish data privacy 

and security requirements for the information described 

in paragraph (1) that-

(i) include appropriate measures to ensure that 

the privacy of the individuals and households is protected; 

(ii) provide that the information, including any 

personally identifiable information, is collected and 

used only for the purpose of submitting reports under 

paragraph (1); and 

(iii) provide confidentiality protections for data collected about any individuals who are survivors of 

intimate partner violence, sexual assault, or stalking. 

(B) STATISTICAL RESEARCH.-

(i) IN GENERAL.-The Secretary-

(!) may provide full and unredacted information provided under subparagraphs (A) through 

(F) of paragraph (1), including personally identifiable information, for statistical research purposes 

in accordance with existing law; and 

(II) may collect and make available for statistical research, at the census tract level, information collected under subparagraph (A). 

(ii) APPLICATION OF PRIVACY REQUIREMENTS.-A 

recipient of information under clause (i) shall establish 

for such information the data privacy and security 

requirements described in subparagraph (A). 

(5) NONAPPLICATION OF THE PAPERWORK REDUCTION ACT.-

Subchapter I of chapter 35 of title 44, United States Code, 

shall not apply to the collection of information for the reporting or research requirements specified in this subsection. 

(h) ADMINISTRATNE EXPENSES OF THE SECRETARY.-Of the 

funds appropriated pursuant to subsection (a), not more than 

$15,000,000 may be used for administrative expenses of the Secretary in administering this section, including technical assistance 

to grantees in order to facilitate effective use of funds provided 

under this section. 

(i) Inspector General Oversight; Recoupment 

(1) OVERSIGHT AUTHORITY.-The Inspector General of the 

Department of the Treasury shall conduct monitoring and over- sight of the receipt, disbursement, and use of funds made 

available under this section. 

(2) RECOUPMENT.-If the Inspector General of the Department of the Treasury determines that a State, Tribal government, or unit of local government has failed to comply with 

subsection (c), the amount equal to the amount of funds used 

in violation of such subsection shall be booked as a debt of 

such entity owed to the Federal Government. Amounts recov- ered under this subsection shall be deposited into the general 

fund of the Treasury. 
H. R. 133--896 

(3) APPROPRIATION.-Out of any money in the Treasury 

of the United States not otherwise appropriated, there are appropriated to the Office of the Inspector General of the 

Department of the Treasury, $6,500,000 to carry out oversight 

and recoupment activities under this subsection. Amounts 

appropriated under the preceding sentence shall remain available until expended. 

(4) AUTHORITY OF INSPECTOR GENERAL.-Nothing in this 

subsection shall be construed to diminish the authority of any 

Inspector General, including such authority as provided in the 

Inspector General Act of 1978 (5 U.S.C. App.) 

(j) TREATMENT OF AsSISTANCE.-Assistance provided to a household from a payment made under this section shall not be regarded as income and shall not be regarded as a resource for purposes 

of determining the eligibility of the household or any member 

of the household for benefits or assistance, or the amount or extent 

of benefits or assistance, under any Federal program or under 

any State or local program financed in whole or in part with 

Federal funds. 

(k) DEFINITIONS.-In this section: 

(1) AREA MEDIAN INCOME.-The term "area median income" 

means, with respect to a household, the median income for 

the area in which the household is located, as determined 

by the Secretary of Housing and Urban Development. 

(2) ELIGIBLE GRANTEE.-The term "eligible grantee" means any of the following: 

(A) A State (as defined in section 601(g)(4) of the 

Social Security Act (42 U.S.C. 801(g)(4)). 

(B) A unit of local government (as defined in paragraph 

(5)). 

(C) An Indian tribe or its tribally designated housing 

entity (as such terms are defined in section 4 of the Native 

American Housing Assistance and Self-Determination Act 

of 1996 (25 U.S.C. 4103)) that was eligible to receive a grant under title I of such Act (25 U.S.C. 4111 et seq.) 

for fiscal year 2020 from the amount appropriated under 

paragraph (1) under the heading "NATIVE AMERICAN PROGRAMS" under the heading ''PUBLIC AND INDIAN HOUSING" 

of title II of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116-94) to carry out the 

Native American Housing Block Grants program. For the 

avoidance of doubt, the term Indian tribe shall include 

Alaska native corporations established pursuant to the 

Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 

seq.). 

(D) The Department of Hawaiian Homelands. 

(3) ELIGIBLE HOUSEHOLD.-

(A) IN GENERAL.-The term "eligible household" means a household of 1 or more individuals who are obligated 

to pay rent on a residential dwelling and with respect 

to which the eligible grantee involved determines-

(i) that 1 or more individuals within the household 

has 

(I) qualified for unemployment benefits or (II) experienced a reduction in household 

income, incurred significant costs, or experienced 

other financial hardship due, directly or indirectly, 
H. R. 133--897 

to the novel coronavirus disease (COVID-19) outbreak, which the applicant shall attest in writing; 

(ii) that 1 or more individuals within the household 

can demonstrate a risk of experiencing homelessness 

or housing instability, which may include-

(!) a past due utility or rent notice or eviction 

notice; 

(II) unsafe or unhealthy living conditions; or 

(III) any other evidence of such risk, as determined by the eligible grantee involved; and 

(iii) the household has a household income that 

is not more than 80 percent of the area median income 

for the household. 

(B) EXCEPTION.-To the extent feasible, an eligible

grantee shall ensure that any rental assistance provided 

to an eligible household pursuant to funds made available 

under this section is not duplicative of any other Federally 

funded rental assistance provided to such household. 

(C) INCOME DETERMINATION.-

(i) In determining the income of a household for

purposes of determining such household's eligibility 

for assistance from a payment made under this section 

(including for purposes of subsection (c)(4)), the eligible 

grantee involved shall consider either 

(I) the household's total income for calendar 

year 2020, or 

(II) subject to clause (ii), sufficient confirmation, as determined by the Secretary, of the household's monthly income at the time of application 

for such assistance. 

(ii) In the case of income determined under subclause (II), the eligible grantee shall be required to 

re-determine the eligibility of a household's income 

after each such period of 3 months for which the household receives assistance from a payment made under 

this section. 

(4) INSPECTOR GENERAL.-The term "Inspector General" 

means the Inspector General of the Department of the 

Treasury. 

(5) SECRETARY.-The term "Secretary'' means the Secretary 

of the Treasury. 

(6) UNIT OF LOCAL GOVERNMENT.-The term "unit of local 

government" has the meaning given such term in paragraph 

(2) of section 601(g) of the Social Security Act (42 U.S.C. 801(g)), 

except that, in applying such term for purposes of this section,

such paragraph shall be applied by substituting "200,000" for 

"500 000"

(1) TERMINATION OF PROGRAM.-The authority of an eligible

grantee to make new obligations to provide payments under subsection (c) shall terminate on the date established in subsection 

(e) for that eligible grantee. Amounts not expended in accordance 

with this section shall revert to the Department of the Treasury.