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15 U.S.C. 9058a (U.S. Code, current edition)

Summary

The current-edition U.S. Code text of 15 U.S.C. 9058a, Emergency rental assistance. It appropriates $25,000,000,000 for fiscal year 2021 for payments to eligible grantees, which are the 50 States, the District of Columbia and units of local government in them, after reserving $400,000,000 for the territories, $800,000,000 for the grantees described in subsection (k)(2)(C) and (D), and $15,000,000 for the Secretary's administrative expenses. Assistance to a household may run for a period not to exceed 12 months, with exceptions, and prospective rent may not be paid for more than 3 months on any one application. The page opens with § 9058, the temporary moratorium on eviction filings, which restricted the lessor of a covered dwelling during a 120-day period.

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“15 U.S.C. 9058a (U.S. Code, current edition).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9058a-u-s-code-current-edition-63c23fc1e6/, SHA-256 25b707c2837eecb810996b61956fe2af8ebcbe3af41d97b93d47f92a22b1082e.

Full text

Page 2533                            TITLE 15—COMMERCE AND TRADE                                          § 9058a

  (5) Covered period                                              way, by any officer or agency of the Federal
    The term ‘‘covered period’’ means the period                  Government or under or in connection with
  beginning on March 27, 2020, and ending on the                  a housing or urban development program ad-
  sooner of—                                                      ministered by the Secretary of Housing and
      (A) the termination date of the national                    Urban Development or a housing or related
    emergency concerning the novel coronavirus                    program administered by any other such of-
    disease (COVID–19) outbreak declared by the                   ficer or agency, or is purchased or
    President on March 13, 2020 under the Na-                     securitized by the Federal Home Loan Mort-
    tional Emergencies Act (50 U.S.C. 1601 et                     gage Corporation or the Federal National
    seq.); or                                                     Mortgage Association.
      (B) December 31, 2020.                                    (5) Federally backed multifamily mortgage
(Pub. L. 116–136, div. A, title IV, § 4023, Mar. 27,                loan
2020, 134 Stat. 491.)                                             The term ‘‘Federally backed multifamily
                                                                mortgage loan’’ includes any loan (other than
                     Editorial Notes                            temporary financing such as a construction
                  REFERENCES IN TEXT                            loan) that—
                                                                    (A) is secured by a first or subordinate lien
   The National Emergencies Act, referred to in subsec.
                                                                  on residential multifamily real property de-
(f)(4), (5)(A), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat.
1255, which is classified principally to chapter 34 (§ 1601       signed principally for the occupancy of 5 or
et seq.) of Title 50, War and National Defense. For com-          more families, including any such secured
plete classification of this Act to the Code, see Short           loan, the proceeds of which are used to pre-
Title note set out under section 1601 of Title 50 and Ta-         pay or pay off an existing loan secured by
bles.                                                             the same property; and
                                                                    (B) is made in whole or in part, or insured,
§ 9058. Temporary moratorium on eviction filings
                                                                  guaranteed, supplemented, or assisted in any
(a) Definitions                                                   way, by any officer or agency of the Federal
  In this section:                                                Government or under or in connection with
  (1) Covered dwelling                                            a housing or urban development program ad-
                                                                  ministered by the Secretary of Housing and
    The term ‘‘covered dwelling’’ means a dwell-                  Urban Development or a housing or related
  ing that—                                                       program administered by any other such of-
      (A) is occupied by a tenant—                                ficer or agency, or is purchased or
        (i) pursuant to a residential lease; or                   securitized by the Federal Home Loan Mort-
        (ii) without a lease or with a lease ter-                 gage Corporation or the Federal National
      minable under State law; and                                Mortgage Association.
      (B) is on or in a covered property.                     (b) Moratorium
  (2) Covered property
                                                                During the 120-day period beginning on March
    The term ‘‘covered property’’ means any                   27, 2020, the lessor of a covered dwelling may
  property that—                                              not—
      (A) participates in—                                        (1) make, or cause to be made, any filing
        (i) a covered housing program (as defined               with the court of jurisdiction to initiate a
      in section 12491(a) of title 34); or                      legal action to recover possession of the cov-
        (ii) the rural housing voucher program                  ered dwelling from the tenant for nonpayment
      under section 1490r of title 42; or                       of rent or other fees or charges; or
      (B) has a—                                                  (2) charge fees, penalties, or other charges to
        (i) Federally backed mortgage loan; or                  the tenant related to such nonpayment of
        (ii) Federally backed multifamily mort-                 rent.
      gage loan.                                              (c) Notice
  (3) Dwelling                                                  The lessor of a covered dwelling unit—
    The term ‘‘dwelling’’—                                        (1) may not require the tenant to vacate the
      (A) has the meaning given the term in sec-                covered dwelling unit before the date that is 30
    tion 3602 of title 42; and                                  days after the date on which the lessor pro-
      (B) includes houses and dwellings de-                     vides the tenant with a notice to vacate; and
    scribed in section 3603(b) of title 42.                       (2) may not issue a notice to vacate under
  (4) Federally backed mortgage loan                            paragraph (1) until after the expiration of the
                                                                period described in subsection (b).
    The term ‘‘Federally backed mortgage loan’’
  includes any loan (other than temporary fi-                 (Pub. L. 116–136, div. A, title IV, § 4024, Mar. 27,
  nancing such as a construction loan) that—                  2020, 134 Stat. 492.)
      (A) is secured by a first or subordinate lien
    on residential real property (including indi-             § 9058a. Emergency rental assistance
    vidual units of condominiums and coopera-                 (a) Appropriation
    tives) designed principally for the occupancy
    of from 1 to 4 families, including any such                 (1) In general
    secured loan, the proceeds of which are used                  Out of any money in the Treasury of the
    to prepay or pay off an existing loan secured               United States not otherwise appropriated,
    by the same property; and                                   there are appropriated for making payments
      (B) is made in whole or in part, or insured,              to eligible grantees under this section,
    guaranteed, supplemented, or assisted in any                $25,000,000,000 for fiscal year 2021.
§ 9058a                                    TITLE 15—COMMERCE AND TRADE                            Page 2534

  (2) Reservation of funds for the territories and                 (I) by substituting ‘‘under section 9058a
       tribal communities                                       of title 15’’ for ‘‘under this section’’; and
    Of the amount appropriated under paragraph                     (II) by substituting ‘‘local government
  (1), the Secretary shall reserve—                             elects to receive funds from the Sec-
       (A) $400,000,000 of such amount for making               retary under section 9058a of title 15 and
    payments under this section to the Com-                     will use the funds in a manner consistent
    monwealth of Puerto Rico, the United                        with such section’’ for ‘‘local govern-
    States Virgin Islands, Guam, the Common-                    ment’s proposed uses of the funds are
    wealth of the Northern Mariana Islands, and                 consistent with subsection (d)’’.
    American Samoa; and                                     (B) Eligible grantees described
       (B) $800,000,000 of such amount for making             The eligible grantees described in this sub-
    payments under this section to eligible                 paragraph are the following:
    grantees described in subparagraphs (C) and                 (i) A State that is 1 of the 50 States or
    (D) of subsection (k)(2); and                             the District of Columbia.
       (C) $15,000,000 for administrative expenses              (ii) A unit of local government located in
    of the Secretary described in subsection (h).             a State described in clause (i).
(b) Payments for rental assistance
                                                          (2) Allocation and payments to tribal commu-
  (1) Allocation and payments to states and units             nities
       of local government
                                                            (A) In general
    (A) In general
                                                              From the amount reserved under sub-
       The amount appropriated under paragraph
                                                            section (a)(2)(B), the Secretary shall—
    (1) of subsection (a) that remains after the
                                                                 (i) pay the amount equal to 0.3 percent of
    application of paragraph (2) of such sub-
                                                              such amount to the Department of Hawai-
    section shall be allocated and paid to eligi-
                                                              ian Home Lands; and
    ble grantees described in subparagraph (B) in
                                                                 (ii) subject to subparagraph (B), from the
    the same manner as the amount appro-
                                                              remainder of such amount, allocate and
    priated under subsection (a)(1) of section 801
                                                              pay to each Indian tribe (or, if applicable,
    of title 42 is allocated and paid to States and
                                                              the tribally designated housing entity of
    units of local government under subsections
                                                              an Indian tribe) that was eligible for a
    (b) and (c) of such section, and shall be sub-
                                                              grant under title I of the Native American
    ject to the same requirements, except that—
                                                              Housing Assistance and Self-Determina-
         (i) the deadline for payments under sec-
                                                              tion Act of 1996 (NAHASDA) (25 U.S.C. 4111
       tion 801(b)(1) of such title shall, for pur-
                                                              et seq.) for fiscal year 2020 an amount that
       poses of payments under this section, be
                                                              bears the same proportion to the such re-
       deemed to be not later than 30 days after
                                                              mainder as the amount each such Indian
       December 27, 2020;
                                                              tribe (or entity) was eligible to receive for
         (ii) the amount referred to in paragraph
                                                              such fiscal year from the amount appro-
       (3) of section 801(c) of such title shall be
                                                              priated under paragraph (1) under the
       deemed to be the amount appropriated
                                                              heading ‘‘native american programs’’
       under paragraph (1) of subsection (a) of
                                                              under the heading ‘‘Public and Indian
       this Act 1 that remains after the applica-
                                                              Housing’’ of title II of division H of the
       tion of paragraph (2) of such subsection;
                                                              Further Consolidated Appropriations Act,
         (iii) section 801(c) of title 42 shall be ap-
                                                              2020 (Public Law 116–94) to carry out the
       plied—
                                                              Native American Housing Block Grants
            (I) by substituting ‘‘1 of the 50 States
                                                              program bears to the amount appropriated
         or the District of Columbia’’ for ‘‘1 of the
                                                              under such paragraph for such fiscal year,
         50 States’’ each place it appears;
                                                              provided the Secretary shall be authorized
            (II) in paragraph (2)(A), by substituting
                                                              to allocate, in an equitable manner as de-
         ‘‘$200,000,000’’ for ‘‘$1,250,000,000’’;
                                                              termined by the Secretary, and pay any
            (III) in paragraph (2)(B), by sub-
                                                              Indian tribe that opted out of receiving a
         stituting ‘‘each of the 50 States and Dis-
                                                              grant allocation under the Native Amer-
         trict of Columbia’’ for ‘‘each of the 50
                                                              ican Housing Block Grants program for-
         States’’;
                                                              mula in fiscal year 2020, including by es-
            (IV) in paragraph (4), by substituting
                                                              tablishing a minimum amount of pay-
         ‘‘excluding the Commonwealth of Puerto
                                                              ments to such Indian tribe, provided such
         Rico, the United States Virgin Islands,
                                                              Indian tribe notifies the Secretary not
         Guam, the Commonwealth of the North-
                                                              later than 30 days after December 27, 2020,
         ern Mariana Islands, and American
                                                              that it intends to receive allocations and
         Samoa’’ for ‘‘excluding the District of
                                                              payments under this section.
         Columbia and territories specified in
         subsection (a)(2)(A)’’; and                        (B) Pro rata adjustment; distribution of de-
            (V) without regard to paragraph (6);                 clined funds
         (iv) section 801(d) of such title shall not          (i) Pro rata adjustments
       apply to such payments; and                               The Secretary shall make pro rata re-
         (v) section 801(e) of such title 2 shall be          ductions in the amounts of the allocations
       applied—                                               determined under clause (ii) of subpara-
                                                              graph (A) for entities described in such
 1 So in original. Probably should be ‘‘this section’’.       clause as necessary to ensure that the
 2 See Codification note below.                               total amount of payments made pursuant
Page 2535                        TITLE 15—COMMERCE AND TRADE                                   § 9058a

      to such clause does not exceed the remain-            (iv) utilities and home energy costs ar-
      der amount described in such clause.               rears; and
      (ii) Distribution of declined funds                   (v) other expenses related to housing in-
                                                         curred due, directly or indirectly, to the
          If the Secretary determines as of 30 days      novel coronavirus disease (COVID–19) out-
       after December 27, 2020, that an entity de-       break, as defined by the Secretary.
       scribed in clause (ii) of subparagraph (A)      Such assistance shall be provided for a pe-
       has declined to receive its full allocation     riod not to exceed 12 months except that
       under such clause then, not later than 15       grantees may provide assistance for an addi-
       days after such date, the Secretary shall       tional 3 months only if necessary to ensure
       redistribute, on a pro rata basis, such allo-   housing stability for a household subject to
       cation among the other entities described       the availability of funds.
       in such clause that have not declined to re-    (B) Limitation on assistance for prospective
       ceive their allocations.                             rent payments
  (3) Allocations and payments to territories            (i) In general
    (A) In general                                          Subject to the exception in clause (ii), an
       From the amount reserved under sub-               eligible grantee shall not provide an eligi-
    section (a)(2)(A), subject to subparagraph           ble household with financial assistance for
    (B), the Secretary shall allocate and pay to         prospective rent payments for more than 3
                                                         months based on any application by or on
    each eligible grantee described in subpara-
                                                         behalf of the household.
    graph (C) an amount equal to the product
    of—                                                  (ii) Exception
          (i) the amount so reserved; and                   For any eligible household described in
          (ii) each such eligible grantee’s share of     clause (i), such household may receive fi-
       the combined total population of all such         nancial assistance for prospective rent
       eligible grantees, as determined by the           payments for additional months:
       Secretary.                                             (I) subject to the availability of re-
                                                            maining funds currently allocated to the
    (B) Allocation adjustment                               eligible grantee, and
       (i) Requirement                                        (II) based on a subsequent application
          The sum of the amounts allocated under            for additional financial assistance pro-
       subparagraph (A) to all of the eligible              vided that the total months of financial
       grantees described in clause (ii) of sub-            assistance provided to the household do
       paragraph (C) shall not be less than the             not exceed the total months of assist-
       amount equal to 0.3 percent of the amount            ance allowed under subparagraph (A).
       appropriated under subsection (a)(1).             (iii) Further limitation
       (ii) Reduction                                       To the extent that applicants have rent-
                                                         al arrears, grantees may not make com-
          The Secretary shall reduce the amount          mitments for prospective rent payments
       of the allocation determined under sub-           unless they have also provided assistance
       paragraph (A) for the eligible grantee de-        to reduce an eligible household’s rental ar-
       scribed in clause (i) of subparagraph (C) as      rears.
       necessary to meet the requirement of            (C) Distribution of financial assistance
       clause (i).
                                                         (i) Payments
    (C) Eligible grantees described
                                                            (I) In general
       The eligible grantees described in this sub-           With respect to financial assistance for
    paragraph are—                                          rent and rental arrears and utilities and
          (i) the Commonwealth of Puerto Rico;              home energy costs and utility and home
       and                                                  energy costs arrears provided to an eligi-
          (ii) the United States Virgin Islands,            ble household from a payment made
       Guam, the Commonwealth of the Northern               under this section, an eligible grantee
       Mariana Islands, and American Samoa.                 shall make payments to a lessor or util-
(c) Use of funds                                            ity provider on behalf of the eligible
  (1) In general                                            household, except that, if the lessor or
                                                            utility provider does not agree to accept
    An eligible grantee shall only use the funds            such payment from the grantee after
  provided from a payment made under this sec-              outreach to the lessor or utility provider
  tion to provide financial assistance and hous-            by the grantee, the grantee may make
  ing stability services to eligible households.            such payments directly to the eligible
  (2) Financial assistance                                  household for the purpose of making
    (A) In general                                          payments to the lessor or utility pro-
                                                            vider.
       Not less than 90 percent of the funds re-            (II) Rule of construction
    ceived by an eligible grantee from a pay-
    ment made under this section shall be used                Nothing in this section shall be con-
    to provide financial assistance to eligible             strued to invalidate any otherwise legiti-
    households, including the payment of                    mate grounds for eviction.
          (i) rent;                                      (ii) Documentation
          (ii) rental arrears;                              For any payments made by an eligible
          (iii) utilities and home energy costs;         grantee to a lessor or utility provider on
§ 9058a                        TITLE 15—COMMERCE AND TRADE                                   Page 2536

     behalf of an eligible household, the eligible   such reallocation shall be determined based on
     grantee shall provide documentation of          demonstrated need within a grantee’s jurisdic-
     such payments to such household.                tion, as determined by the Secretary.
 (3) Housing stability services                      (e) Availability
   Not more than 10 percent of funds received           (1) In general
 by an eligible grantee from a payment made               Funds provided to an eligible grantee under
 under this section may be used to provide eli-         a payment made under this section shall re-
 gible households with case management and              main available through September 30, 2022.
 other services related to the novel coronavirus
                                                        (2) Extension for funds provided pursuant to a
 disease (COVID–19) outbreak, as defined by the
                                                             reallocation of unused funds
 Secretary, intended to help keep households
 stably housed.                                           For funds reallocated to an eligible grantee
 (4) Prioritization of assistance                       pursuant to subsection (d), an eligible grantee
                                                        may request, subject to the approval of the
   (A) In reviewing applications for financial          Secretary, a 90-day extension of the deadline
 assistance and housing stability services to el-       established in paragraph (1).
 igible households from a payment made under
                                                     (f) Application for assistance by landlords and
 this section, an eligible grantee shall
                                                          owners
 prioritize consideration of the applications of
 an eligible household that satisfies any of the        (1) In general
 following conditions:                                   Subject to paragraph (2), nothing in this sec-
     (i) The income of the household does not          tion shall preclude a landlord or owner of a
   exceed 50 percent of the area median income         residential dwelling from—
   for the household.                                       (A) assisting a renter of such dwelling in
     (ii) 1 or more individuals within the house-        applying for assistance from a payment
   hold are unemployed as of the date of the ap-         made under this section; or
   plication for assistance and have not been               (B) applying for such assistance on behalf
   employed for the 90-day period preceding              of a renter of such dwelling.
   such date.                                          (2) Requirements for applications submitted on
    (B) Nothing in this section shall be con-               behalf of tenants
  strued to prohibit an eligible grantee from            If a landlord or owner of a residential dwell-
  providing a process for the further prioritizing     ing submits an application for assistance from
  of applications for financial assistance and         a payment made under this section on behalf
  housing stability services from a payment            of a renter of such dwelling—
  made under this section, including to eligible            (A) the landlord must obtain the signature
  households in which 1 or more individuals              of the tenant on such application, which
  within the household were unable to reach              may be documented electronically;
  their place of employment or their place of               (B) documentation of such application
  employment was closed because of a public              shall be provided to the tenant by the land-
  health order imposed as a direct result of the         lord; and
  COVID–19 public health emergency.                         (C) any payments received by the landlord
  (5) Administrative costs                               from a payment made under this section
    (A) In general                                       shall be used to satisfy the tenant’s rental
                                                         obligations to the owner.
      Not more than 10 percent of the amount
    paid to an eligible grantee under this section   (g) Reporting requirements
    may be used for administrative costs attrib-       (1) In general
    utable to providing financial assistance and         The Secretary, in consultation with the Sec-
    housing stability services under paragraphs        retary of Housing and Urban Development,
    (2) and (3), respectively, including for data      shall provide public reports not less frequently
    collection and reporting requirements re-          than quarterly regarding the use of funds
    lated to such funds.                               made available under this section, which shall
    (B) No other administrative costs                  include, with respect to each eligible grantee
      Amounts paid under this section shall not        under this section, both for the past quarter
    be used for any administrative costs other         and over the period for which such funds are
    than to the extent allowed under subpara-          available—
    graph (A).                                              (A) the number of eligible households that
                                                         receive assistance from such payments;
(d) Reallocation of unused funds                            (B) the acceptance rate of applicants for
  Beginning on September 30, 2021, the Sec-              assistance;
retary shall recapture excess funds, as deter-              (C) the type or types of assistance provided
mined by the Secretary, not obligated by a               to each eligible household;
grantee for the purposes described under sub-               (D) the average amount of funding pro-
section (c) and the Secretary shall reallocate           vided per eligible household receiving assist-
and repay such amounts to eligible grantees              ance;
who, at the time of such reallocation, have obli-           (E) household income level, with such in-
gated at least 65 percent of the amount origi-           formation disaggregated for households with
nally allocated and paid to such grantee under           income that—
subsection (b)(1), only for the allowable uses de-            (i) does not exceed 30 percent of the area
scribed under subsection (c). The amount of any             median income for the household;
Page 2537                       TITLE 15—COMMERCE AND TRADE                                                 § 9058a

       (ii) exceeds 30 percent but does not ex-       used for administrative expenses of the Sec-
     ceed 50 percent of the area median income        retary in administering this section, including
     for the household; and                           technical assistance to grantees in order to fa-
       (iii) exceeds 50 percent but does not ex-      cilitate effective use of funds provided under
     ceed 80 percent of area median income for        this section.
     the household; and
                                                      (i) Inspector General Oversight; Recoupment
      (F) the average number of monthly rental
                                                        (1) Oversight authority
    or utility payments that were covered by the
    funding amount that a household received,             The Inspector General of the Department of
    as applicable.                                      the Treasury shall conduct monitoring and
  (2) Disaggregation                                    oversight of the receipt, disbursement, and use
                                                        of funds made available under this section.
    Each report under this subsection shall
  disaggregate the information relating to              (2) Recoupment
  households provided under subparagraphs (A)              If the Inspector General of the Department
  through (F) of paragraph (1) by the gender,            of the Treasury determines that a State, Trib-
  race, and ethnicity of the primary applicant           al government, or unit of local government
  for assistance in such households.                     has failed to comply with subsection (c), the
  (3) Alternative reporting requirements for cer-        amount equal to the amount of funds used in
      tain grantees                                      violation of such subsection shall be booked as
    The Secretary may establish alternative re-          a debt of such entity owed to the Federal Gov-
  porting requirements for grantees described in         ernment. Amounts recovered under this sub-
  subsection (b)(2).                                     section shall be deposited into the general
  (4) Privacy requirements                               fund of the Treasury.
    (A) In general                                       (3) Appropriation
      Each eligible grantee that receives a pay-           Out of any money in the Treasury of the
    ment under this section shall establish data         United States not otherwise appropriated,
    privacy and security requirements for the            there are appropriated to the Office of the In-
    information described in paragraph (1)               spector General of the Department of the
    that—                                                Treasury, $6,500,000 to carry out oversight and
         (i) include appropriate measures to en-         recoupment activities under this subsection.
      sure that the privacy of the individuals           Amounts appropriated under the preceding
      and households is protected;                       sentence shall remain available until ex-
         (ii) provide that the information, includ-      pended.
      ing any personally identifiable informa-
                                                         (4) Authority of Inspector General
      tion, is collected and used only for the pur-
      pose of submitting reports under para-               Nothing in this subsection shall be con-
      graph (1); and                                     strued to diminish the authority of any In-
         (iii) provide confidentiality protections       spector General, including such authority as
      for data collected about any individuals           provided in the Inspector General Act of 1978 (5
      who are survivors of intimate partner vio-         U.S.C. App.) 3
      lence, sexual assault, or stalking.             (j) Treatment of assistance
    (B) Statistical research
                                                         Assistance provided to a household from a
      (i) In general                                  payment made under this section shall not be
         The Secretary—                               regarded as income and shall not be regarded as
            (I) may provide full and unredacted in-   a resource for purposes of determining the eligi-
         formation provided under subparagraphs       bility of the household or any member of the
         (A) through (F) of paragraph (1), includ-    household for benefits or assistance, or the
         ing personally identifiable information,     amount or extent of benefits or assistance,
         for statistical research purposes in ac-     under any Federal program or under any State
         cordance with existing law; and              or local program financed in whole or in part
            (II) may collect and make available for   with Federal funds.
         statistical research, at the census tract
         level, information collected under sub-      (k) Definitions
         paragraph (A).                                 In this section:
      (ii) Application of privacy requirements          (1) Area median income
         A recipient of information under clause          The term ‘‘area median income’’ means,
      (i) shall establish for such information the      with respect to a household, the median in-
      data privacy and security requirements de-        come for the area in which the household is lo-
      scribed in subparagraph (A).                      cated, as determined by the Secretary of Hous-
  (5) Nonapplication of the Paperwork Reduc-            ing and Urban Development.
      tion Act                                          (2) Eligible grantee
    Subchapter I of chapter 35 of title 44 shall
                                                          The term ‘‘eligible grantee’’ means any of
  not apply to the collection of information for
                                                        the following:
  the reporting or research requirements speci-
                                                            (A) A State (as defined in section 801(g)(4)
  fied in this subsection.
                                                          of title 42.
(h) Administrative expenses of the Secretary
  Of the funds appropriated pursuant to sub-           3 So in original. Probably should be followed by a period. See

section (a), not more than $15,000,000 may be         References in Text note below.
§ 9058a                                  TITLE 15—COMMERCE AND TRADE                                          Page 2538

     (B) A unit of local government (as defined                 hold’s eligibility for assistance from a pay-
   in paragraph (5)).                                           ment made under this section (including for
     (C) An Indian tribe or its tribally des-                   purposes of subsection (c)(4)), the eligible
   ignated housing entity (as such terms are                    grantee involved shall consider either
   defined in section 4 of the Native American                      (I) the household’s total income for cal-
   Housing Assistance and Self-Determination                      endar year 2020, or
   Act of 1996 (25 U.S.C. 4103)) that was eligible                  (II) subject to clause (ii), sufficient con-
   to receive a grant under title I of such Act                   firmation, as determined by the Secretary,
   (25 U.S.C. 4111 et seq.) for fiscal year 2020                  of the household’s monthly income at the
   from the amount appropriated under para-                       time of application for such assistance.
   graph (1) under the heading ‘‘native amer-                       (ii) In the case of income determined under
   ican programs’’ under the heading ‘‘Public                    subclause (II), the eligible grantee shall be
   and Indian Housing’’ of title II of division H                required to re-determine the eligibility of a
   of the Further Consolidated Appropriations                    household’s income after each such period of
   Act, 2020 (Public Law 116–94) to carry out the                3 months for which the household receives
   Native American Housing Block Grants pro-                     assistance from a payment made under this
   gram. For the avoidance of doubt, the term                    section.
   Indian tribe shall include Alaska native cor-
                                                               (4) Inspector General
   porations established pursuant to the Alaska
   Native Claims Settlement Act (43 U.S.C. 1601                  The term ‘‘Inspector General’’ means the In-
   et seq.).                                                   spector General of the Department of the
     (D) The Department of Hawaiian Home-                      Treasury.
   lands.                                                      (5) Secretary
 (3) Eligible household                                          The term ‘‘Secretary’’ means the Secretary
   (A) In general                                              of the Treasury.
     The term ‘‘eligible household’’ means a                   (6) Unit of local government
   household of 1 or more individuals who are                    The term ‘‘unit of local government’’ has the
   obligated to pay rent on a residential dwell-               meaning given such term in paragraph (2) of
   ing and with respect to which the eligible                  section 801(g) of title 42, except that, in apply-
   grantee involved determines—                                ing such term for purposes of this section,
        (i) that 1 or more individuals within the              such paragraph shall be applied by sub-
     household has 4                                           stituting ‘‘200,000’’ for ‘‘500,000’’.
           (I) qualified for unemployment benefits          (l) Termination of program
        or
           (II) experienced a reduction in house-              The authority of an eligible grantee to make
        hold income, incurred significant costs,            new obligations to provide payments under sub-
        or experienced other financial hardship             section (c) shall terminate on the date estab-
        due, directly or indirectly, to the novel           lished in subsection (e) for that eligible grantee.
        coronavirus disease (COVID–19) out-                 Amounts not expended in accordance with this
        break, which the applicant shall attest             section shall revert to the Department of the
        in writing;                                         Treasury.
        (ii) that 1 or more individuals within the          (Pub. L. 116–260, div. N, title V, § 501, Dec. 27,
      household can demonstrate a risk of expe-             2020, 134 Stat. 2069; Pub. L. 117–2, title III,
      riencing homelessness or housing insta-               § 3201(h), Mar. 11, 2021, 135 Stat. 58.)
      bility, which may include—
                                                                                  Editorial Notes
           (I) a past due utility or rent notice or
        eviction notice;                                                       REFERENCES IN TEXT
           (II) unsafe or unhealthy living condi-             The Native American Housing Assistance and Self-
        tions; or                                           Determination Act of 1996, referred to in subsecs.
           (III) any other evidence of such risk, as        (b)(2)(A)(ii) and (k)(2)(C), is Pub. L. 104–330, Oct. 26, 1996,
        determined by the eligible grantee in-              110 Stat. 4016. Title I of the Act is classified generally
        volved; and                                         to subchapter I (§ 4111 et seq.) of chapter 43 of Title 25,
                                                            Indians. For complete classification of this Act to the
         (iii) the household has a household in-            Code, see Short Title note set out under section 4101 of
      come that is not more than 80 percent of              Title 25 and Tables.
      the area median income for the household.               The Further Consolidated Appropriations Act, 2020,
    (B) Exception                                           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
      To the extent feasible, an eligible grantee           the heading ‘‘native american programs’’ under the
    shall ensure that any rental assistance pro-            heading ‘‘Public and Indian Housing’’ of title II of divi-
    vided to an eligible household pursuant to              sion H of the Act [133 Stat. 2985] are not classified to
    funds made available under this section is              the Code. For complete classification of this Act to the
    not duplicative of any other Federally fund-            Code, see Tables.
                                                              The Inspector General Act of 1978, referred to in sub-
    ed rental assistance provided to such house-            sec. (i)(4), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101,
    hold.                                                   which was set out in the Appendix to Title 5, Govern-
    (C) Income determination                                ment Organization and Employees, and was substan-
                                                            tially repealed and restated in chapter 4 (§ 401 et seq.)
      (i) In determining the income of a house-
                                                            of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136
    hold for purposes of determining such house-            Stat. 4206, 4361. For disposition of sections of the Act
                                                            into chapter 4 of Title 5, see Disposition Table pre-
 4 So in original. Probably should be followed by a dash.   ceding section 101 of Title 5.
Page 2539                             TITLE 15—COMMERCE AND TRADE                                                         § 9058c

   The Alaska Native Claims Settlement Act, referred            § 9058c. Emergency rental assistance
to in subsec. (k)(2)(C), is Pub. L. 92–203, Dec. 18, 1971, 85
Stat. 688, which is classified generally to chapter 33          (a) Funding
(§ 1601 et seq.) of Title 43, Public Lands. For complete          (1) Appropriation
classification of this Act to the Code, see Short Title
note set out under section 1601 of Title 43 and Tables.
                                                                    In addition to amounts otherwise available,
                                                                  there is appropriated to the Secretary of the
                       CODIFICATION                               Treasury for fiscal year 2021, out of any money
  In subsec. (b)(1)(A)(v), ‘‘section 801(e) of such title’’       in the Treasury not otherwise appropriated,
was in the original ‘‘section 601(e)’’, and was translated        $21,550,000,000, to remain available until Sep-
as meaning ‘‘section 601(e) of such Act’’, meaning sec-           tember 30, 2027, for making payments to eligi-
tion 601(e) of the Social Security Act, to reflect the            ble grantees under this section—
probable intent of Congress.                                      (2) Reservation of funds
  Section was enacted as part of the Consolidated Ap-
propriations Act, 2021, and not as part of the CARES                Of the amount appropriated under paragraph
Act which in part comprises this chapter.                         (1), the Secretary shall reserve—
                                                                       (A) $305,000,000 for making payments under
                       AMENDMENTS                                   this section to the Commonwealth of Puerto
  2021—Subsec. (e)(1). Pub. L. 117–2 substituted ‘‘Sep-             Rico, the United States Virgin Islands,
tember 30, 2022’’ for ‘‘December 31, 2021’’.                        Guam, the Commonwealth of the Northern
                                                                    Mariana Islands, and American Samoa;
§ 9058b. Funding for water assistance program                          (B) $30,000,000 for costs of the Secretary for
                                                                    the administration of emergency rental as-
(a) In general
                                                                    sistance programs and technical assistance
  In addition to amounts otherwise available,                       to recipients of any grants made by the Sec-
there is appropriated to the Secretary of Health                    retary to provide financial and other assist-
and Human Services (in this section referred to                     ance to renters;
as the ‘‘Secretary’’) for fiscal year 2021, out of                     (C) $3,000,000 for administrative expenses of
any amounts in the Treasury not otherwise ap-                       the Inspector General relating to oversight
propriated, $500,000,000, to remain available until                 of funds provided in this section; and
expended, for grants to States and Indian Tribes                       (D) $2,500,000,000 for payments to high-need
to assist low-income households, particularly                       grantees as provided in this section.
those with the lowest incomes, that pay a high                  (b) Allocation of funds to eligible grantees
proportion of household income for drinking
water and wastewater services, by providing                       (1) Allocation for States and units of local gov-
funds to owners or operators of public water sys-                      ernment
tems or treatment works to reduce arrearages of                     (A) In general
and rates charged to such households for such                          The amount appropriated under paragraph
services.                                                           (1) of subsection (a) that remains after the
(b) Allotment                                                       application of paragraph (2) of such sub-
                                                                    section shall be allocated to eligible grant-
  The Secretary shall—                                              ees described in subparagraphs (A) and (B) of
    (1) allot amounts appropriated in this sec-                     subsection (f)(1) in the same manner as the
  tion to a State or Indian Tribe based on—                         amount appropriated under section 9058a of
      (A) the percentage of households in the                       this title is allocated to States and units of
    State, or under the jurisdiction of the Indian                  local government under subsection (b)(1) of
    Tribe, with income equal or less than 150                       such section, except that section 9058a(b) of
    percent of the Federal poverty line; and                        this title shall be applied—
      (B) the percentage of households in the                             (i) without regard to clause (i) of para-
    State, or under the jurisdiction of the Indian                     graph (1)(A);
    Tribe, that spend more than 30 percent of                             (ii) by deeming the amount appropriated
    monthly income on housing; and                                     under paragraph (1) of subsection (a) of
    (2) reserve up to 3 percent of the amount ap-                      this Act 1 that remains after the applica-
  propriated in this section for Indian Tribes                         tion of paragraph (2) of such subsection to
  and tribal organizations.                                            be the amount deemed to apply for pur-
                                                                       poses of applying clause (ii) of section
(c) Definition
                                                                       9058a(b)(1)(A) of this title;
  In this section, the term ‘‘State’’ means each                          (iii) by substituting ‘‘$152,000,000’’ for
of the 50 States of the United States, the Dis-                        ‘‘$200,000,000’’ each place such term ap-
trict of Columbia, the Commonwealth of Puerto                          pears;
Rico, American Samoa, Guam, the United                                    (iv) in subclause (I) of such section
States Virgin Islands, and the Commonwealth of                         9058a(b)(1)(A)(v) of this title, by sub-
the Northern Mariana Islands.                                          stituting ‘‘under section 9058c of title 15’’
(Pub. L. 117–2, title II, § 2912, Mar. 11, 2021, 135                   for ‘‘under section 9058a of title 15’’; and
Stat. 51.)                                                                (v) in subclause (II) of such section
                                                                       9058a(b)(1)(A)(v) of this title, by sub-
                      Editorial Notes
                                                                       stituting ‘‘local government elects to re-
                                                                       ceive funds from the Secretary under sec-
                       CODIFICATION                                    tion 9058c of title 15 and will use the funds
  Section was enacted as part of the American Rescue                   in a manner consistent with such section’’
Plan Act of 2021, and not as part of the CARES Act
which in part comprises this chapter.                            1 So in original. Probably should be ‘‘this section’’.


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