15 U.S.C. § 9058a (COMMERCE AND TRADE)
§ 9058a. Emergency rental assistance
(a) Appropriation
(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
Of the 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 Commonwealth 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)(1) of section 801 of title 42 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 801(b)(1) of such title shall, for purposes of payments under this section, be deemed to be not later than 30 days after December 27, 2020;
(ii) the amount referred to in paragraph (3) of section 801(c) of such title shall be deemed to be the amount appropriated under paragraph (1) of subsection (a) of this Act 1 that remains after the application of paragraph (2) of such subsection;
(iii) section 801(c) of title 42 shall be applied—
(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);
(iv) section 801(d) of such title shall not apply to such payments; and
(v) section 801(e) of such title 2 shall be applied —
(I) by substituting “under section 9058a of title 15” for “under this section”; and
(II) by substituting “local government elects to receive funds from the Secretary under section 9058a of title 15 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 December 27, 2020, that it intends to receive allocations and payments under this section.
(B) Pro rata adjustment; distribution of declined funds
(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 December 27, 2020, 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 product of—
(i) the amount so reserved; and
(ii) each such eligible grantee’s share of the combined 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)(1).
(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 Commonwealth 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
(v) other expenses related to housing incurred due, directly or indirectly, to the novel coronavirus 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 of funds.
(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 assistance 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
(I) 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) Rule 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.
(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 financial 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 financial 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) Administrative 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)(1), 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 September 30, 2022.
(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) 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—
(I) 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 shall not apply to the collection of information for the reporting or research requirements specified in this subsection.
(h) Administrative 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 oversight 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 recovered under this subsection shall be deposited into the general fund of the Treasury.
(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 801(g)(4) of title 42.
(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, 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—
(I) 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 801(g) of title 42, except that, in applying such term for purposes of this section, such paragraph shall be applied by substituting “200,000” for “500,000”.
(l) 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.
(Pub. L. 116–260, div. N, title V, § 501, Dec. 27, 2020, 134 Stat. 2069; Pub. L. 117–2, title III, § 3201(h), Mar. 11, 2021, 135 Stat. 58.)
heading: Editorial Notes
heading: References in Text
text: The Native American Housing Assistance and Self-Determination Act of 1996, referred to in subsecs. (b)(2)(A)(ii) and (k)(2)(C), is Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016. Title I of the Act is classified generally to subchapter I (§ 4111 et seq.) of chapter 43 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 25 and Tables.
The Further Consolidated Appropriations Act, 2020, referred to in subsecs. (b)(2)(A)(ii) and (k)(2)(C), is Pub. L. 116–94, Dec. 20, 2019, 133 Stat. 2534. Provisions under the heading “native american programs” under the heading “Public and Indian Housing” of title II of division H of the Act [133 Stat. 2985] are not classified to the Code. For complete classification of this Act to the Code, see Tables.
The Inspector General Act of 1978, referred to in subsec. (i)(4), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
The Alaska Native Claims Settlement Act, referred to in subsec. (k)(2)(C), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
heading: Codification
text: In subsec. (b)(1)(A)(v), “section 801(e) of such title” was in the original “section 601(e)”, and was translated as meaning “section 601(e) of such Act”, meaning section 601(e) of the Social Security Act, to reflect the probable intent of Congress.
Section was enacted as part of the Consolidated Appropriations Act, 2021, and not as part of the CARES Act which in part comprises this chapter.
heading: Amendments
text: 2021—Subsec. (e)(1). Pub. L. 117–2 substituted “September 30, 2022” for “December 31, 2021”.