H.R. 5196, Expediting Assistance to Renters and Landlords Act
Summary
H. R. 5196, the Expediting Assistance to Renters and Landlords Act, was introduced in the House of Representatives on September 7, 2021, by Waters (for herself and other members) and referred to the Committee on Financial Services. It is a bill to expedite application for payment of rental arrearages by landlords and mandate tenant access to financial assistance. Section 2 directs the Secretary to establish, not later than 30 days after enactment, a process for a landlord to submit an application on behalf of a renter when unable to obtain the renter’s consent. It requires notice to the renter not less than 10 days before submission and a 120-day eviction prohibition after assistance is received.
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“H.R. 5196, Expediting Assistance to Renters and Landlords Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr5196ih-bills-117hr5196ih/
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I
117TH CONGRESS
1ST SESSION
H. R. 5196
To expedite application for payment of rental arrearages by landlords and
mandate tenant access to financial assistance, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 7, 2021
Ms. WATERS (for herself, Ms. WILLIAMS of Georgia, Mrs. CAROLYN B. MALO-
NEY of New York, Ms. VELÁZQUEZ, Mr. GREEN of Texas, Ms. GARCIA
of Texas, Mr. TORRES of New York, and Ms. ADAMS) introduced the fol-
lowing bill; which was referred to the Committee on Financial Services
A BILL
To expedite application for payment of rental arrearages
by landlords and mandate tenant access to financial as-
sistance, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Expediting Assistance
5 to Renters and Landlords Act of 2021’’.
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1 SEC. 2. EXPEDITING APPLICATIONS FOR PAYMENT OF
2 RENTAL ARREARAGES BY LANDLORDS.
3 (a) IN GENERAL.—Section 501(f) of subtitle A of
4 title V of Division M of the Consolidated Appropriations
5 Act, 2021 (15 U.S.C. 9058a(f))is amended—
6 (1) by inserting after paragraph (2) the fol-
7 lowing:
8 ‘‘(3) REQUIREMENTS FOR APPLICATIONS SUB-
9 MITTED ON BEHALF OF TENANT WITHOUT TENANT
10 CONSENT.—
11 ‘‘(A) IN GENERAL.—The Secretary shall
12 not later than 30 days after the date of the en-
13 actment of this paragraph establish a process
14 for a landlord of a residential dwelling to sub-
15 mit an application on the behalf of a renter
16 when such landlord is unable to obtain the con-
17 sent of such renter to submit such application
18 for after taking reasonable steps to obtain such
19 signature, as determined by the Secretary.
20 ‘‘(B) NOTICE OF APPLICATION.—The proc-
21 ess established by the Secretary pursuant to
22 subparagraph (A) shall require a landlord of a
23 residential dwelling who submits an application
24 for assistance without the consent of the renter
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25 of such dwelling to notify the renter of the in-
26 tent of the landlord to submit such application
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1 not less than 10 days before such landlord sub-
2 mits such application.
3 ‘‘(C) SATISFACTION OF OUTSTANDING
4 MONETARY CLAIMS.—If a landlord of a residen-
5 tial dwelling submits an application for assist-
6 ance on behalf of a renter without the consent
7 of such renter and receives assistance under
8 this section, such amount shall be deemed to
9 satisfy all monetary claims relating to rent such
10 landlord may have against such renter during
11 the period between the date on which the na-
12 tional emergency concerning the novel
13 coronavirus disease (COVID–19) outbreak was
14 declared by the President and the date on
15 which the application is submitted by the land-
16 lord.
17 ‘‘(D) DOCUMENTATION.—
18 ‘‘(i) IN GENERAL.—The Secretary
19 shall, with respect to documentation re-
20 quired for applications for assistance, es-
21 tablish methods for landlords to establish
22 the income of a renter when the landlord
23 does not have the consent of the renter, in-
24 cluding the use of proxies of income.
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1 ‘‘(ii) 4 OR FEWER DWELLINGS.—The
2 Secretary shall, where possible, limit the
3 amount of documentation required for an
4 application for assistance in the case of a
5 landlord that owns 4 or fewer residential
6 dwellings.
7 ‘‘(E) CONDITIONS ON ASSISTANCE.—
8 ‘‘(i) IN GENERAL.—The landlord shall
9 comply with any conditions the Secretary
10 of the Treasury may prescribe to ensure
11 that renters remain stably housed.
12 ‘‘(ii) 120-DAY EVICTION PROHIBI-
13 TION.—The Secretary of the Treasury
14 shall, not later than 30 days after the date
15 of the enactment of this paragraph, to en-
16 sure that renters remain stably housed,
17 prohibit any landlord that receives assist-
18 ance from a grantee under this section
19 with respect to a particular renter from
20 evicting such renter, except when the ten-
21 ancy constitutes a direct threat to the
22 health and safety of other individuals or
23 would result in substantial physical dam-
24 age to the property of others, during the
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25 120-day period after the date on which
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1 such assistance was received by the land-
2 lord from the grantee.
3 ‘‘(iii) EVICTION-RELATED REQUIRE-
4 MENTS.—The Secretary of the Treasury
5 shall, not later than 30 days after the date
6 of the enactment of this paragraph, require
7 any landlord that receives assistance from
8 a grantee under this section with respect
9 to a particular renter to, with respect to
10 such renter—
11 ‘‘(I) set aside and vacate any
12 past eviction judgement based on non-
13 payment of rent covered by the appli-
14 cation for assistance; and
15 ‘‘(II) rescind any eviction notice
16 and agree to seal any eviction filing, if
17 applicable.
18 ‘‘(F) NOTICE OF ARREARAGES RE-
19 CEIVED.—If a grantee provides rental arrear-
20 ages to a landlord based on an application sub-
21 mitted by the landlord on behalf of a renter,
22 such landlord must—
23 ‘‘(i) notify such renter that such rent-
24 al arrearages were received from the grant-
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25 ee;
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1 ‘‘(ii) notify such renter if the landlord
2 applies for assistance in the amount of
3 rent due during the 120-day period de-
4 scribed in subparagraph (F); and
5 ‘‘(iii) inform such renter that the
6 landlord is prohibited from terminating the
7 lease agreement or evicting such renter, ex-
8 cept when the tenancy constitutes a direct
9 threat to the health and safety of other in-
10 dividuals or would result in substantial
11 physical damage to the property of others,
12 during the 120 day period after such rent-
13 al arrearages were received by the landlord
14 from the grantee.
15 ‘‘(G) VACANT PROPERTIES.—The Sec-
16 retary shall establish a process for a landlord to
17 submit an application for assistance on behalf
18 of a renter who has vacated a dwelling, pro-
19 vided that the landlord did not file an eviction
20 notice on such renter.
21 ‘‘(H) GRANTEE NOTIFICATION PROCESS.—
22 Each grantee that provides assistance to a
23 landlord with respect to a residential dwelling
24 under this paragraph shall establish a process
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1 to notify state and local courts and the renter
2 of such residential dwelling that—
3 ‘‘(i) rent is no longer past due with
4 respect to such renter; and
5 ‘‘(ii) any eviction proceedings relating
6 to the nonpayment of rent by such renter
7 should be halted.
8 ‘‘(I) NOTIFICATION OF RIGHTS.—Each
9 grantee that provides assistance to a landlord
10 with respect to a residential dwelling under this
11 paragraph shall inform the renter of such resi-
12 dential dwelling about—
13 ‘‘(i) the rights of such renter under
14 the Fair Housing Act and relevant State
15 and local laws relating to fair housing; and
16 ‘‘(ii) how such renter can file com-
17 plaints with respect to violations of the
18 Fair Housing Act and violations of rel-
19 evant State and local laws relating to fair
20 housing.
21 ‘‘(J) RULE OF CONSTRUCTION.—Nothing
22 in this paragraph may be construed to prevent
23 a renter of a dwelling from applying for assist-
24 ance related to items described in section
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25 501(c)(2)(A) that are not included in an appli-
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1 cation submitted by a landlord on behalf of the
2 renter.’’.
3 (b) PRIORITIZATION OF ASSISTANCE.—Section
4 501(c)(4) of subtitle A of title V of Division M of the Con-
5 solidated Appropriations Act, 2021 (15 U.S.C.
6 9058a(c)(4)) is amended by adding at the end the fol-
7 lowing:
8 ‘‘(C) The grantee shall prioritize applica-
9 tions filed by renters and applications filed by
10 landlords on behalf of renters with the consent
11 of the renter over any application filed by a
12 landlord without the consent of a renter.’’.
13 SEC. 3. MANDATING TENANT ACCESS TO FINANCIAL AS-
14 SISTANCE.
15 (a) IN GENERAL.—Section 501(c) of subtitle A of
16 title V of Division M of the Consolidated Appropriations
17 Act, 2021 (15 U.S.C. 9058a(c)) is amended—
18 (1) in paragraph (2)—
19 (A) in subparagraph (A)—
20 (i) by striking ‘‘12 months’’ and in-
21 serting ‘‘20 months’’; and
22 (ii) by striking ‘‘for an additional 3
23 months’’ and inserting ‘‘for an additional 4
24 months’’;
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1 (B) in subparagraph (B)(i), by striking ‘‘3
2 months’’ and inserting ‘‘4 months’’; and
3 (C) in subpargraph (C)(i)(I) by striking
4 ‘‘the grantee may make such payments’’ and in-
5 serting ‘‘the grantee shall make such pay-
6 ments’’; and
7 (2) in paragraph (3) by striking ‘‘to provide eli-
8 gible households’’ and inserting ‘‘to provide ‘low-in-
9 come families’ as such term is defined in section
10 3(b) of the United States Housing Act of 1937 (42
11 U.S.C. 1437a(b))’’.
12 (b) EXTENDED PERIOD FOR ASSISTANCE.—Section
13 3201(d)(1)(A) of the American Rescue Plan Act of 2021
14 is amended—
15 (1) in clause (i), by striking ‘‘18 months’’ and
16 inserting ‘‘24 months’’; and
17 (2) in clause (ii), by striking ‘‘18 months’’ and
18 inserting ‘‘24 months’’.
19 (c) LIMITATION OF LIABILITY.—Section 501 of sub-
20 title A of title V of Division M of the Consolidated Appro-
21 priations Act, 2021 (15 U.S.C. 9058a) is amended by add-
22 ing at the end the following:
23 ‘‘(m) SAFE HARBOR.—A grantee may not be subject
24 to liability for the provision of assistance under this sec-
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25 tion to a renter who does not meet the eligibility require-
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1 ments set forth under this section if such grantee provides
2 such assistance in good faith reliance on attestations of
3 eligibility or use of proxies of income provided by the
4 renter pursuant to the requirements of this section or
5 rules issued by the Secretary under this section.’’.
6 (d) ELIGIBLE HOUSEHOLD DEFINED.—Section
7 501(k)(3) of subtitle A of title V of Division M of the Con-
8 solidated Appropriations Act, 2021 (15 U.S.C.
9 9058a(k)(3)) is amended—
10 (1) in subparagraph (A)—
11 (A) by striking ‘‘with respect to which the
12 eligible grantee involved determines’’ and insert-
13 ing ‘‘with respect to which the eligible grantee
14 determines by accepting any attestation of the
15 household as true,’’; and
16 (B) by striking ‘‘hardship due, directly’’ an
17 inserting ‘‘hardship, during or due, directly’’
18 (2) by striking in subparagraph (C) and insert-
19 ing the following:
20 ‘‘(C) INCOME DETERMINATION.—In deter-
21 mining the income of a household for purposes
22 of determining such household’s eligibility for
23 assistance from a payment made under this sec-
24 tion (including for purposes of subsection
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25 (c)(4)), the eligible grantee involved shall accept
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1 any attestation of the household with respect to
2 eligibility as true.’’.
3 (e) LEASE REQUIREMENT PROHIBITED.—Section
4 501 of subtitle A of title V of Division M of the Consoli-
5 dated Appropriations Act, 2021 (15 U.S.C. 9058a) is
6 amended by adding at the end the following:
7 ‘‘(n) LEASE REQUIREMENT PROHIBITED.—The Sec-
8 retary shall prohibit grantees from requiring a renter to
9 submit a written lease agreement to be eligible for assist-
10 ance under this section.’’.
11 SEC. 4. PERFORMANCE IMPROVEMENT PLANS.
12 Section 501(c) of subtitle A of title V of Division M
13 of the Consolidated Appropriations Act, 2021 (15 U.S.C.
14 9058a(c)) is amended by adding at the end the following:
15 ‘‘(6) PERFORMANCE IMPROVEMENT PLANS.—
16 The Secretary shall require any eligible grantee that
17 has, on September 30, 2021, obligated less than 25
18 percent of any amounts such eligible grantee has re-
19 ceived under this section to provide to the Secretary
20 a performance improvement plan that explains how
21 such eligible grantee will expedite the delivery of as-
22 sistance to renters and landlords.’’.
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1 SEC. 5. OUTREACH TO RENTERS AND LANDLORDS AND
2 TECHNICAL ASSISTANCE.
3 Section 501 of subtitle A of title V of Division M of
4 the Consolidated Appropriations Act, 2021 (15 U.S.C.
5 9058a) is amended by adding at the end the following:
6 ‘‘(o) OUTREACH AND TECHNICAL ASSISTANCE.—
7 ‘‘(1) OUTREACH.—The Secretary and the
8 grantee shall conduct outreach to renters and land-
9 lords to ensure maximum participation in the emer-
10 gency rental assistance program established under
11 this section, including by—
12 ‘‘(A) not later than 30 days after the date
13 of the enactment of this subsection sending di-
14 rect mail to all taxpayers that educates the tax-
15 payers about the emergency rental assistance
16 program established under this section and how
17 the taxpayer may qualify for assistance;
18 ‘‘(B) not later than 30 days after the date
19 of the enactment of this subsection sending di-
20 rect mail to taxpayers who received rental in-
21 come in 2020 that informs such taxpayers that
22 renters of their dwellings may qualify for the
23 emergency rental assistance program estab-
24 lished under this section; and
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25 ‘‘(C) purchasing television, radio and elec-
26 tronic advertisement to educate Americans
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1 about the emergency rental assistance program
2 established under this section and how Ameri-
3 cans may qualify for assistance.
4 ‘‘(2) TECHNICAL ASSISTANCE.—The Secretary
5 shall provide technical assistance to grantees and
6 this technical assistance shall include—
7 ‘‘(A) assisting grantees with the develop-
8 ment and administration of programs under
9 this section;
10 ‘‘(B) providing technical advice and tech-
11 nology to grantees, including software and auto-
12 mated payment disbursement tools; and
13 ‘‘(C) other information and technical as-
14 sistance as the Secretary determines appro-
15 priate to assist grantees to achieve the objec-
16 tives of this section.
17 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—
18 There are authorized to be appropriated to the Sec-
19 retary of the Treasury to carry out the outreach and
20 technical assistance required under this subsection
21 $50,000,000 for use in fiscal year 2022.’’.
22 SEC. 6. RECAPTURE PROCESS MODIFICATION.
23 Section 501(d) of subtitle A of title V of Division M
24 of the Consolidated Appropriations Act, 2021 (15 U.S.C.
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25 9058a(d)) is amended—
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1 (1) by striking ‘‘Beginning on September 30,
2 2021,’’ and inserting the following:
3 ‘‘(1) IN GENERAL.—Beginning on September
4 30, 2021,’’;
5 (2) by striking ‘‘The amount of any such re-
6 allocation’’ and inserting the following:
7 ‘‘(2) AMOUNT.— The amount of any such re-
8 allocation’’; and
9 (3) in paragraph (1)—
10 (A) by striking ‘‘uses described under sub-
11 section (c).’’ and inserting ‘‘uses described
12 under subsection (c);’’;
13 (B) by striking ‘‘to eligible grantees’’ and
14 inserting the following:
15 ‘‘(A) to eligible grantees’’; and
16 (C) by inserting after subparagraph (A)
17 the following:
18 ‘‘(B) to any nonprofit entity that primarily
19 provides housing services and operates in the
20 jurisdiction of the grantee from whom the funds
21 were recaptured; or
22 ‘‘(C) to a public or private entity super-
23 vised by a court that primarily provides housing
24 services and operates in the jurisdiction of the
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1 grantee from whom the funds were recap-
2 tured.’’.
3 SEC. 7. COLLABORATION WITH PUBLIC ENTITIES.
4 (a) IN GENERAL.—Section 501 of subtitle A of title
5 V of Division M of the Consolidated Appropriations Act,
6 2021 (15 U.S.C. 9058a) is amended—
7 (1) in subsection (c)(5)(A)—
8 (A) by striking ‘‘10 percent’’ and inserting
9 ‘‘15 percent’’; and
10 (B) by striking ‘‘related to such funds.’’
11 and inserting ‘‘related to such funds and for
12 collaboration with public entities as described in
13 subsection (n).’’.
14 (2) by adding at the end the following:
15 ‘‘(p) COLLABORATION WITH PUBLIC ENTITIES.—
16 ‘‘(1) IN GENERAL.—The Secretary of the
17 Treasury shall, not later than 30 days after the en-
18 actment of this subsection, issue guidance designed
19 to instruct eligible grantees with respect to how best
20 to collaborate with public entities to provide applica-
21 tion assistance services.
22 ‘‘(2) USE OF AMOUNTS PAID TO ELIGIBLE
23 GRANTEE.—Notwithstanding subsection (c)(5), an
24 eligible grantee that collaborates with public entities
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1 the Treasury pursuant to paragraph (1) may use
2 amounts available for administrative costs under sec-
3 tion (c)(5) to, in coordination with one or more pub-
4 lic entities, develop any administrative infrastructure
5 necessary to provide application assistance services,
6 including—
7 ‘‘(A) training the employees of a public en-
8 tity or other designated institutional representa-
9 tive of a public entity about how to complete
10 the emergency rental application process;
11 ‘‘(B) maintaining physical and electronic
12 copies of all documents needed to apply for as-
13 sistance;
14 ‘‘(C) establishing methods of communica-
15 tion between eligible grantees, public entities,
16 community organizations, and individual house-
17 holds;
18 ‘‘(D) providing language translation serv-
19 ices;
20 ‘‘(E) developing community outreach mate-
21 rials, programs, and initiatives; and
22 ‘‘(F) collecting and storing relevant docu-
23 mentation on-site at the public entity, or with
24 a third party in a manner that complies with
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25 Federal, State, and local law.
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1 ‘‘(3) DEFINITIONS.—In this subsection:
2 ‘‘(A) APPLICATION ASSISTANCE SERV-
3 ICES.—The term ‘application assistance serv-
4 ices’ means—
5 ‘‘(i) distributing applications for as-
6 sistance to individuals that may qualify for
7 assistance; and
8 ‘‘(ii) assisting individuals applying or
9 assistance.
10 ‘‘(B) PUBLIC ENTITY.—The term public
11 entity includes—
12 ‘‘(i) public elementary schools and
13 public secondary schools (as such terms
14 are defined under section 8101 of the Ele-
15 mentary and Secondary Education Act of
16 1965);
17 ‘‘(ii) public libraries;
18 ‘‘(iii) HUD-approved housing coun-
19 seling agencies and other entities receiving
20 funds under section 3204 of the American
21 Rescue Plan Act of 2021;
22 ‘‘(iv) courts that handle eviction re-
23 lated matters;
24 ‘‘(v) public housing agencies;
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25 ‘‘(vi) public transit systems;
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1 ‘‘(vii) State departments of motor ve-
2 hicles;
3 ‘‘(viii) the United States Postal Serv-
4 ice; and
5 ‘‘(ix) Federal, State, and local social
6 service providers.’’; and
7 (b) COLLABORATION WITH PUBLIC ENTITIES.—Sec-
8 tion 3201 of the American Rescue Plan Act of 2021 is
9 amended by adding at the end the following:
10 ‘‘(i) COLLABORATION WITH PUBLIC ENTITIES.—
11 ‘‘(1) IN GENERAL.—The Secretary of the
12 Treasury shall, not later than 30 days after the en-
13 actment of this subsection, issue guidance designed
14 to instruct eligible grantees with respect to how best
15 to collaborate with public entities to provide applica-
16 tion assistance services.
17 ‘‘(2) USE OF AMOUNTS PAID TO ELIGIBLE
18 GRANTEE.—An eligible grantee that collaborates
19 with public entities pursuant to the guidance issued
20 by the Secretary of the Treasury pursuant to para-
21 graph (1) may use not more than 15 percent of the
22 amount paid to such eligible grantee under this sec-
23 tion to, in coordination with one or more public enti-
24 ties, develop any administrative infrastructure nec-
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1 essary to provide application assistance services, in-
2 cluding—
3 ‘‘(A) training the employees of a public en-
4 tity or other designated institutional representa-
5 tive of a public entity about how to complete
6 the emergency rental application process;
7 ‘‘(B) maintaining physical and electronic
8 copies of all documents needed to apply for as-
9 sistance;
10 ‘‘(C) establishing methods of communica-
11 tion between eligible grantees, public entities,
12 community organizations, and individual house-
13 holds;
14 ‘‘(D) providing language translation serv-
15 ices;
16 ‘‘(E) developing community outreach mate-
17 rials, programs, and initiatives; and
18 ‘‘(F) collecting and storing relevant docu-
19 mentation on-site at the public entity, or with
20 a third party in a manner that complies with
21 Federal, State, and local law.
22 ‘‘(3) DEFINITIONS.—In this subsection:
23 ‘‘(A) APPLICATION ASSISTANCE SERV-
24 ICES.—The term ‘application assistance serv-
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25 ices’ means—
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1 ‘‘(i) distributing applications for as-
2 sistance to individuals that may qualify for
3 assistance; and
4 ‘‘(ii) assisting individuals applying or
5 assistance.
6 ‘‘(B) PUBLIC ENTITY.—The term public
7 entity includes—
8 ‘‘(i) public elementary schools and
9 public secondary schools (as such terms
10 are defined under section 8101 of the Ele-
11 mentary and Secondary Education Act of
12 1965);
13 ‘‘(ii) public libraries;
14 ‘‘(iii) public housing agencies;
15 ‘‘(iv) public transit systems;
16 ‘‘(v) State departments of motor vehi-
17 cles;
18 ‘‘(vi) the United States Postal Service;
19 and
20 ‘‘(vii) Federal, State, and local social
21 service providers.’’.
Æ
pbinns on DSKJLVW7X2PROD with BILLS •HR 5196 IH
VerDate Sep 11 2014 04:10 Sep 10, 2021 Jkt 019200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6301 E:\BILLS\H5196.IH H5196
File and source
- File
- BILLS_bills-117hr5196ih_bills-117hr5196ih.pdf
- Size
- 257,827 bytes
- SHA-256
- 914b08af0528977b6fb5f004bb40ed917d5cc165fd700e93a9a2154da426abe9
- Original
- www.govinfo.gov