Pandemic Darlings The pandemic economy, in original documents
Home 15 U.S.C. 9058d (U.S. Code, current edition)Search ⌕

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

Summary

The current-edition U.S. Code text of 15 U.S.C. 9058d, which establishes in the Department of the Treasury a Homeowner Assistance Fund and appropriates $9,961,000,000 for fiscal year 2021, to remain available until September 30, 2025. The Fund is to mitigate financial hardships by preventing homeowner mortgage delinquencies, defaults, foreclosures, loss of utilities or home energy services, and displacements. Each of the 50 States, the District of Columbia and Puerto Rico receives no less than $50,000,000, and $30,000,000 is reserved for Guam, American Samoa, the United States Virgin Islands and the Northern Mariana Islands. Treasury may keep up to $40,000,000 to run the Fund and its Inspector General $2,600,000. Not less than 60 percent of each entity's amounts must assist homeowners with incomes at or below 100 percent of area median income.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“15 U.S.C. 9058d (U.S. Code, current edition).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/15-u-s-c-9058d-u-s-code-current-edition-cfa460a2e5/, SHA-256 bef652b4a559ab71cd53739914f65758558620df273029bc88693fa4032a3398.

Full text

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
§ 9058d                         TITLE 15—COMMERCE AND TRADE                                               Page 2542

   real property that includes a 1- to 4-unit            venting mortgage delinquency, default, fore-
   dwelling; and                                         closure, post-foreclosure eviction of a home-
      (B) the unpaid principal balance of which          owner, or the loss of utility or home energy
   was, at the time of origination, not more             services, as determined by the Secretary.
   than the conforming loan limit.                     (2) Targeting
 (5) Fund                                                 Not less than 60 percent of amounts made to
   The term ‘‘Fund’’ means the Homeowner As-            each eligible entity allocated amounts under
 sistance Fund established under subsection             subsection (d) or (f) shall be used for qualified
 (c).                                                   expenses that assist homeowners having in-
 (6) Secretary                                          comes equal to or less than 100 percent of the
   The term ‘‘Secretary’’ means the Secretary           area median income for their household size or
 of the Treasury.                                       equal to or less than 100 percent of the median
                                                        income for the United States, as determined
 (7) State
                                                        by the Secretary of Housing and Urban Devel-
    The term ‘‘State’’ means any State of the           opment, whichever is greater. The eligible en-
  United States, the District of Columbia, the          tity shall prioritize remaining funds to so-
  Commonwealth of Puerto Rico, Guam, Amer-              cially disadvantaged individuals.
  ican Samoa, the United States Virgin Islands,       (d) Allocation of Funds
  and the Commonwealth of the Northern Mar-
  iana Islands.                                         (1) Administration
(c) Establishment of Fund                                Of any amounts made available under this
  (1) Establishment; qualified expenses                section, the Secretary shall reserve—
                                                           (A) to the Department of the Treasury, an
   There is established in the Department of             amount not to exceed $40,000,000 to admin-
 the Treasury a Homeowner Assistance Fund to             ister and oversee the Fund, and to provide
 mitigate financial hardships associated with            technical assistance to eligible entities for
 the coronavirus pandemic by providing such              the creation and implementation of State
 funds as are appropriated by subsection (a) to          and tribal programs to administer assistance
 eligible entities for the purpose of preventing         from the Fund; and
 homeowner mortgage delinquencies, defaults,               (B) to the Inspector General of the Depart-
 foreclosures, loss of utilities or home energy          ment of the Treasury, an amount to not ex-
 services, and displacements of homeowners ex-           ceed $2,600,000 for oversight of the program
 periencing financial hardship after January 21,         under this section.
 2020, through qualified expenses related to
                                                       (2) For States
 mortgages and housing, which include—
     (A) mortgage payment assistance;                    After the application of paragraphs (1), (4),
     (B) financial assistance to allow a home-         and (5) of this subsection and subject to para-
   owner to reinstate a mortgage or to pay             graph (3) of this subsection, the Secretary
   other housing related costs related to a pe-        shall allocate the remaining funds available
   riod of forbearance, delinquency, or default;       within the Homeowner Assistance Fund to
     (C) principal reduction;                          each State of the United States, the District
     (D) facilitating interest rate reductions;        of Columbia, and the Commonwealth of Puerto
     (E) payment assistance for—                       Rico based on homeowner need, for such State
       (i) utilities, including electric, gas, home    relative to all States of the United States, the
     energy, and water;                                District of Columbia, and the Commonwealth
       (ii) internet service, including broadband      of Puerto Rico, as of March 11, 2021, which is
     internet access service, as defined in sec-       determined by reference to—
     tion 8.1(b) of title 47, Code of Federal Reg-         (A) the average number of unemployed in-
     ulations (or any successor regulation);             dividuals measured over a period of time not
       (iii) homeowner’s insurance, flood insur-         fewer than 3 months and not more than 12
     ance, and mortgage insurance; and                   months; and
       (iv) homeowner’s association, condo-                (B) the total number of mortgagors with—
     minium association fees, or common                       (i) mortgage payments that are more
     charges;                                              than 30 days past due; or
                                                              (ii) mortgages in foreclosure.
     (F) reimbursement of funds expended by a
   State, local government, or designated enti-        (3) Small State minimum
   ty under subsection (f) during the period be-         (A) In general
   ginning on January 21, 2020, and ending on              Each State of the United States, the Dis-
   the date that the first funds are disbursed by        trict of Columbia, and the Commonwealth of
   the eligible entity under the Homeowner As-           Puerto Rico shall receive no less than
   sistance Fund, for the purpose of providing           $50,000,000 for the purposes established in
   housing or utility payment assistance to              (c) 1.
   homeowners or otherwise providing funds to
                                                         (B) Pro rata adjustments
   prevent foreclosure or post-foreclosure evic-
   tion of a homeowner or prevent mortgage                 The Secretary shall adjust on a pro rata
   delinquency or loss of housing or utilities as        basis the amount of the payments for each
   a response to the coronavirus disease                 State of the United States, the District of
   (COVID) pandemic; and                                 Columbia, and the Commonwealth of Puerto
     (G) any other assistance to promote hous-
   ing stability for homeowners, including pre-        1 So in original. Probably should be preceded by ‘‘subsection’’.
Page 2543                       TITLE 15—COMMERCE AND TRADE                                                § 9059

    Rico determined under this subsection with-         (2) Allocation and payment
    out regard to this subparagraph to the ex-            The Secretary shall allocate the funds set
    tent necessary to comply with the require-          aside under paragraph (1) using the allocation
    ments of subparagraph (A).                          formulas described in clauses (i) and (ii) of sec-
  (4) Territory set-aside                               tion 9058a(b)(2)(A) of this title, and shall make
    Notwithstanding any other provision of this         payments of such amounts beginning no later
  section, of the amounts appropriated under            than 45 days after March 11, 2021, to entities
  subsection (a), the Secretary shall reserve           eligible for payment under clauses (i) and (ii)
  $30,000,000 to be disbursed to Guam, American         of section 9058a(b)(2)(A) of this title that no-
  Samoa, the United States Virgin Islands, and          tify the Secretary that they request to receive
  the Commonwealth of the Northern Mariana              payments allocated from the Fund by the Sec-
  Islands based on each such territory’s share of       retary for purposes described under subsection
  the combined total population of all such ter-        (c) and will use such payments in compliance
  ritories, as determined by the Secretary. For         with this section.
  the purposes of this paragraph, population            (3) Adjustment
  shall be determined based on the most recent            Allocations provided under this subsection
  year for which data are available from the            may be further adjusted as provided by section
  United States Census Bureau.                          9058a(b)(2)(B) of this title.
  (5) Tribal set-aside                                (Pub. L. 117–2, title III, § 3206, Mar. 11, 2021, 135
    The Secretary shall allocate funds to any el-     Stat. 63.)
  igible entity designated under subsection (f)
  pursuant to the requirements of that sub-                                Editorial Notes
  section.                                                                   CODIFICATION
(e) Distribution of funds to States                     Section was enacted as part of the American Rescue
  (1) In general                                      Plan Act of 2021, and not as part of the CARES Act
                                                      which in part comprises this chapter.
    The Secretary shall make payments, begin-
  ning not later than 45 days after March 11,         § 9059. Protection of collective bargaining agree-
  2021, from amounts allocated under subsection           ment
  (d) to eligible entities that have notified the
  Secretary that they request to receive pay-         (a) In general
  ment from the Fund and that the eligible enti-        Neither the Secretary, nor any other actor, de-
  ty will use such payments in compliance with        partment, or agency of the Federal Government,
  this section.                                       shall condition the issuance of a loan or loan
    (2) If a State does not request allocated         guarantee under paragraph (1), (2), or (3) of sec-
  funds by the 45th day after March 11, 2021, such    tion 9042(b) of this title on an air carrier’s or eli-
  State shall not be eligible for a payment from      gible business’s implementation of measures to
  the Secretary pursuant to this section, and         enter into negotiations with the certified bar-
  the Secretary shall, by the 180th day after         gaining representative of a craft or class of em-
  March 11, 2021, reallocate any funds that were      ployees of the air carrier or eligible business
  not requested by such State among the States        under the Railway Labor Act (45 U.S.C. 151 et
  that have requested funds by the 45th day           seq.) or the National Labor Relations Act (29
  after March 11, 2021. For any such reallocation     U.S.C. 151 et seq.), regarding pay or other terms
  of funds, the Secretary shall adhere to the re-     and conditions of employment.
  quirements of subsection (d), except for para-      (b) Period of effect
  graph (1), to the greatest extent possible, pro-
  vided that the Secretary shall also take into         With respect to an air carrier or eligible busi-
  consideration in determining such realloca-         ness to which the loan or loan guarantee is pro-
  tion a State’s remaining need and a State’s         vided under this part, this section shall be in ef-
  record of using payments from the Fund to           fect with respect to the air carrier or eligible
  serve homeowners at disproportionate risk of        business beginning on the date on which the air
  mortgage default, foreclosure, or displace-         carrier or eligible business is first issued such
  ment, including homeowners having incomes           loan or loan guarantee and ending on the date
  equal to or less than 100 percent of the area       that is 1 year after the loan or loan guarantee is
  median income for their household size or 100       no longer outstanding.
  percent of the median income for the United         (Pub. L. 116–136, div. A, title IV, § 4025, Mar. 27,
  States, as determined by the Secretary of           2020, 134 Stat. 494.)
  Housing and Urban Development, whichever is
  greater, and minority homeowners.                                        Editorial Notes
(f) Tribal set-aside                                                    REFERENCES IN TEXT
  (1) Set-aside                                         The Railway Labor Act, referred to in subsec. (a), is
    Notwithstanding any other provision of this       act May 20, 1926, ch. 347, 44 Stat. 577, which is classified
  section, of the amounts appropriated under          principally to chapter 8 (§ 151 et seq.) of Title 45, Rail-
                                                      roads. For complete classification of this Act to the
  subsection (a), the Secretary shall use 5 per-      Code, see section 151 of Title 45 and Tables.
  cent to make payments to entities that are el-        The National Labor Relations Act, referred to in sub-
  igible for payments under clauses (i) and (ii) of   sec. (a), is act July 5, 1935, ch. 372, 49 Stat. 449, which
  section 9058a(b)(2)(A) of this title for the pur-   is classified generally to subchapter II (§ 151 et seq.) of
  poses described in subsection (c).                  chapter 7 of Title 29, Labor. For complete classification


File and source

File
USCODE-mostrecent-title15-sec9058d.pdf
Size
140,795 bytes
SHA-256
bef652b4a559ab71cd53739914f65758558620df273029bc88693fa4032a3398
Our copy
USCODE-mostrecent-title15-sec9058d.pdf
Original
www.govinfo.gov
Back to top