15 U.S.C. 9058c (U.S. Code, current edition)
Summary
The current-edition U.S. Code text of 15 U.S.C. 9058c, Emergency rental assistance. It appropriates $21,550,000,000 for payments to eligible grantees, reserving $305,000,000 for the territories, $30,000,000 for the Secretary's administration and technical assistance, $3,000,000 for the Inspector General and $2,500,000,000 for high-need grantees. Grantees may give eligible households financial assistance for not more than 18 months, including rent and rental arrears. Not more than 10 percent of a grantee's funds may go to housing stability services, and not more than 15 percent of the total amount paid to a grantee may go to administrative costs. The page closes with the start of § 9058d, the Homeowner Assistance Fund, with $9,961,000,000 appropriated for fiscal year 2021.
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“15 U.S.C. 9058c (U.S. Code, current edition).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9058c-u-s-code-current-edition-c5406d1f0a/
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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’’.
§ 9058c TITLE 15—COMMERCE AND TRADE Page 2540
for ‘‘local government elects to receive (A) Financial assistance
funds from the Secretary under section (i) In general
9058a of title 15 and will use the funds in a Subject to clause (ii) of this subpara-
manner consistent with such section’’. graph, funds received by an eligible grant-
(B) Pro rata adjustment ee from payments made under this section
The Secretary shall make pro rata adjust- shall be used to provide financial assist-
ments in the amounts of the allocations de- ance to eligible households, not to exceed
termined under subparagraph (A) of this 18 months, including the payment of—
paragraph for entities described in such sub- (I) rent;
paragraph as necessary to ensure that the (II) rental arrears;
total amount of allocations made pursuant (III) utilities and home energy costs;
to such subparagraph does not exceed the re- (IV) utilities and home energy costs
mainder appropriated amount described in arrears; and
such subparagraph. (V) other expenses related to housing,
as defined by the Secretary.
(2) Allocations for territories
(ii) Limitation
The amount reserved under subsection
(a)(2)(A) shall be allocated to eligible grantees The aggregate amount of financial as-
described in subsection (f)(1)(C) in the same sistance an eligible household may receive
manner as the amount appropriated under sec- under this section, when combined with fi-
tion 9058a(a)(2)(A) of this title is allocated nancial assistance provided under section
under section 9058a(b)(3) of this title to eligi- 9058a of this title, shall not exceed 18
ble grantees described under subparagraph (C) months.
of such section 9058a(b)(3) of this title, except (B) Housing stability services
that section 9058a(b)(3) of this title shall be ap- Not more than 10 percent of funds received
plied— by an eligible grantee from payments made
(A) in subparagraph (A), by inserting ‘‘of under this section may be used to provide
section 9058c of this title’’ after ‘‘the amount case management and other services in-
reserved under subsection (a)(2)(A)’’; and tended to help keep households stably
(B) in clause (i) of subparagraph (B), by housed.
substituting ‘‘the amount equal to 0.3 per- (C) Administrative costs
cent of the amount appropriated under sub-
section (a)(1)’’ with ‘‘the amount equal to 0.3 Not more than 15 percent of the total
percent of the amount appropriated under amount paid to an eligible grantee under
subsection (a)(1) of section 9058c of this this section may be used for administrative
title’’. costs attributable to providing financial as-
sistance, housing stability services, and
(3) High-need grantees
other affordable rental housing and eviction
The Secretary shall allocate funds reserved prevention activities, including for data col-
under subsection (a)(2)(D) to eligible grantees lection and reporting requirements related
with a high need for assistance under this sec- to such funds.
tion, with the number of very low-income (D) Other affordable rental housing and evic-
renter households paying more than 50 percent tion prevention activities
of income on rent or living in substandard or
overcrowded conditions, rental market costs, An eligible grantee may use any funds
and change in employment since February 2020 from payments made under this section that
used as the factors for allocating funds. are unobligated on October 1, 2022, for pur-
poses in addition to those specified in this
(c) Payment schedule
paragraph, provided that—
(1) In general (i) such other purposes are affordable
The Secretary shall pay all eligible grantees rental housing and eviction prevention
not less than 40 percent of each such eligible purposes, as defined by the Secretary,
grantee’s total allocation provided under sub- serving very low-income families (as such
section (b) within 60 days of March 11, 2021. term is defined in section 1437a(b) of title
(2) Subsequent payments 42); and
The Secretary shall pay to eligible grantees (ii) prior to obligating any funds for such
additional amounts in tranches up to the full purposes, the eligible grantee has obli-
amount of each such eligible grantee’s total gated not less than 75 percent of the total
allocation in accordance with a procedure es- funds allocated to such eligible grantee in
tablished by the Secretary, provided that any accordance with this section.
such procedure established by the Secretary (2) Distribution of assistance
shall require that an eligible grantee must Amounts appropriated under subsection
have obligated not less than 75 percent of the (a)(1) of this section shall be subject to the
funds already disbursed by the Secretary pur- same terms and conditions that apply under
suant to this section prior to disbursement of paragraph (4) of section 9058a(c) of this title to
additional amounts. amounts appropriated under subsection (a)(1)
(d) Use of funds of such section 9058a of this title.
(1) In general (e) Reallocation of funds
An eligible grantee shall only use the funds (1) In general
provided from payments made under this sec- Beginning March 31, 2022, the Secretary shall
tion as follows: reallocate funds allocated to eligible grantees
Page 2541 TITLE 15—COMMERCE AND TRADE § 9058d
in accordance with subsection (b) but not yet (4) Secretary
paid in accordance with subsection (c)(2) ac- The term ‘‘Secretary’’ means the Secretary
cording to a procedure established by the Sec- of the Treasury.
retary.
(5) Unit of local government
(2) Eligibility for reallocated funds
The term ‘‘unit of local government’’ has the
The Secretary shall require an eligible meaning given such term in section 9058a of
grantee to have obligated 50 percent of the this title.
total amount of funds allocated to such eligi-
ble grantee under subsection (b) to be eligible (g) Availability
to receive funds reallocated under paragraph Funds provided to an eligible grantee under a
(1) of this subsection. payment made under this section shall remain
(3) Payment of reallocated funds by the Sec- available through September 30, 2025.
retary (Pub. L. 117–2, title III, § 3201, Mar. 11, 2021, 135
The Secretary shall pay to each eligible Stat. 54.)
grantee eligible for a payment of reallocated
funds described in paragraph (2) of this sub- Editorial Notes
section the amount allocated to such eligible CODIFICATION
grantee in accordance with the procedure es-
Section was enacted as part of the American Rescue
tablished by the Secretary in accordance with Plan Act of 2021, and not as part of the CARES Act
paragraph (1) of this subsection. which in part comprises this chapter.
(4) Use of reallocated funds Section is comprised of section 3201 of Pub. L. 117–2.
Subsec. (h) of section 3201 of Pub. L. 117–2 amended sec-
Eligible grantees may use any funds received tion 9058a of this title.
in accordance with this subsection only for
purposes specified in paragraph (1) of sub- § 9058d. Homeowner Assistance Fund
section (d).
(a) Appropriation
(f) Definitions
In addition to amounts otherwise available,
In this section: there is appropriated to the Secretary of the
(1) Eligible grantee Treasury for the Homeowner Assistance Fund
The term ‘‘eligible grantee’’ means any of established under subsection (c) for fiscal year
the following: 2021, out of any money in the Treasury not oth-
(A) The 50 States of the United States and erwise appropriated, $9,961,000,000, to remain
the District of Columbia. available until September 30, 2025, for qualified
(B) A unit of local government (as defined expenses that meet the purposes specified under
in paragraph (5)). subsection (c) and expenses described in sub-
(C) The Commonwealth of Puerto Rico, the section (d)(1).
United States Virgin Islands, Guam, the (b) Definitions
Commonwealth of the Northern Mariana Is- In this section:
lands, and American Samoa.
(1) Conforming loan limit
(2) Eligible household
The term ‘‘conforming loan limit’’ means
The term ‘‘eligible household’’ means a the applicable limitation governing the max-
household of 1 or more individuals who are ob- imum original principal obligation of a mort-
ligated to pay rent on a residential dwelling gage secured by a single-family residence, a
and with respect to which the eligible grantee mortgage secured by a 2-family residence, a
involved determines that— mortgage secured by a 3-family residence, or a
(A) 1 or more individuals within the house- mortgage secured by a 4-family residence, as
hold has— determined and adjusted annually under sec-
(i) qualified for unemployment benefits; tion 1717(b)(2) of title 12 and section 1454(a)(2)
or of title 12.
(ii) experienced a reduction in household
(2) Dwelling
income, incurred significant costs, or expe-
rienced other financial hardship during or The term ‘‘dwelling’’ means any building,
due, directly or indirectly, to the structure, or portion thereof which is occupied
coronavirus pandemic; as, or designed or intended for occupancy as, a
residence by one or more individuals.
(B) 1 or more individuals within the house-
hold can demonstrate a risk of experiencing (3) Eligible entity
homelessness or housing instability; and The term ‘‘eligible entity’’ means—
(C) the household is a low-income family (A) a State; or
(as such term is defined in section 1437a(b) of (B) any entity eligible for payment under
title 42.2 subsection (f).
(3) Inspector general (4) Mortgage
The term ‘‘Inspector General’’ means the In- The term ‘‘mortgage’’ means any credit
spector General of the Department of the transaction—
Treasury. (A) that is secured by a mortgage, deed of
trust, or other consensual security interest
2 So in original. A closing parenthesis probably should precede on a principal residence of a borrower that is
the period. (i) a 1- to 4-unit dwelling, or (ii) residential
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