Consolidated Appropriations Act, 2021 — Section 501, Emergency Rental Assistance (H. R. 133)
Summary
This is text from H. R. 133, the Consolidated Appropriations Act, 2021, including Section 442, Extension of Waiver Authority, which says that in fiscal year 2021 the Secretary of Transportation may exercise the authority provided by section 22005 of division B of the CARES Act. It also includes Title V, Banking, Subtitle A, Emergency Rental Assistance, Section 501. Section 501 appropriates $25,000,000,000 for fiscal year 2021 for payments to eligible grantees, and reserves $400,000,000 for the territories, $800,000,000 for certain eligible grantees, and $15,000,000 for administrative expenses of the Secretary. It says the remaining amount is allocated and paid to states and units of local government in the same manner as under section 601 of the Social Security Act.
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“Consolidated Appropriations Act, 2021 — Section 501, Emergency Rental Assistance (H. R. 133).”
Original at home.treasury.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/department-of-the-treasury-consolidated-appropriations-act-2021-home-t-d2da5db9ed/
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H. R. 133--888
Subtitle D-Extension of Waiver Authority
SEC. 442. EXTENSION OF WAIVER AUTHORITY.
Notwithstanding any other provision oflaw, in fiscal year 2021,
the Secretary ofTransportation may exercise the authority provided
by section 22005 of division B of the CARES Act (23 U.S.C. 401
note; Public Law 116-136).
TITLE V-BANKING
Subtitle A-Emergency Rental Assistance
SEC. 501. EMERGENCY RENTAL ASSISTANCE.
(a) APPROPRIATION.-
H. R. 133--889
(1) IN GENERAL.-Out of any money in the Treasury of
the United States not otherwise appropriated, there are appro-
priated for making payments to eligible grantees under this
section, $25,000,000,000 for fiscal year 2021.
(2) RESERVATION OF FUNDS FOR THE TERRITORIES AND
TRIBAL COMMUNITIES.-Ofthe amount appropriated under para-
graph (1), the Secretary shall reserve--
(A) $400,000,000 of such amount for making payments
under this section to the Commonwealth of Puerto Rico,
the United States Virgin Islands, Guam, the Co=on-
wealth of the Northern Mariana Islands, and American
Samoa; and
(B) $800,000,000 of such amount for making payments
under this section to eligible grantees described in subpara-
graphs (C) and (D) of subsection (k)(2); and
(C) $15,000,000 for administrative expenses of the Sec-
retary described in subsection (h).
(b) PAYMENTS FOR RENTAL AsSISTANCE.-
(1) ALLOCATION AND PAYMENTS TO STATES AND UNITS OF
LOCAL GOVERNMENT.-
(A) IN GENERAL.-The amount appropriated under
paragraph (1) of subsection (a) that remains after the
application of paragraph (2) of such subsection shall be
allocated and paid to eligible grantees described in subpara-
graph (B) in the same manner as the amount appropriated
under subsection (a)(l) of section 601 of the Social Security
Act (42 U.S.C. 801) is allocated and paid to States and
units of local government under subsections (b) and (c)
of such section, and shall be subject to the same require-
ments, except that-
(i) the deadline for payments under section
601(b)(l) of such Act shall, for purposes of payments
under this section, be deemed to be not later than
30 days after the date of enactment of this section;
(ii) the amount referred to in paragraph (3) of
section 601(c) of such Act shall be deemed to be the
amount appropriated under paragraph (1) of subsection
(a) of this Act that remains after the application of
paragraph (2) of such subsection;
(iii) section 601(c) of the Social Security Act shall
beapplied-
(I) by substituting "1 of the 50 States or the
District of Columbia" for "1 of the 50 States" each
place it appears;
(II) in paragraph (2)(A), by substituting "
$200,000,000" for" $1,250,000,000";
(III) in paragraph (2)(B), by substituting "each
of the 50 States and District of Columbia" for
"each of the 50 States";
(IV) in paragraph (4), by substituting
"excluding the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, the Common-
wealth of the Northern Mariana Islands, and
American Samoa" for "excluding the District of
Columbia and territories specified in subsection
(a)(2)(A)"; and
(V) without regard to paragraph (6);
H. R. 133--890
(iv) section 601(d) of such Act shall not apply to
such payments; and
(v) section 601(e) shall be applied -
(I) by substituting "under section 501 of sub-
title A of title V of division N of the Consolidated
Appropriations Act, 2021" for "under this section";
and
(II) by substituting ''local government elects
to receive funds from the Secretary under section
501 of subtitle A of title V of division N of the
Consolidated Appropriations Act, 2021 and will
use the funds in a manner consistent with such
section" for "local government's proposed uses of
the funds are consistent with subsection (d)".
(B) ELIGIBLE GRANTEES DESCRIBED.-The eligible
grantees described in this subparagraph are the following:
(i) A State that is 1 of the 50 States or the District
of Columbia.
(ii) A unit of local government located in a State
described in clause (i).
(2) ALLOCATION AND PAYMENTS TO TRIBAL COMMUNITIES.-
(A) IN GENERAL.-From the amount reserved under
subsection (a)(2)(B), the Secretary shall-
(i) pay the amount equal to 0.3 percent of such
amount to the Department of Hawaiian Home Lands;
and
(ii) subject to subparagraph (B), from the
remainder of such amount, allocate and pay to each
Indian tribe (or, if applicable, the tribally designated
housing entity of an Indian tribe) that was eligible
for a grant under title I of the Native American
Housing Assistance and Self-Determination Act of 1996
(NAHASDA) (25 U.S.C. 4111 et seq.) for fiscal year
2020 an amount that bears the same proportion to
the such remainder as the amount each such Indian
tribe (or entity) was eligible to receive for such fiscal
year from the amount appropriated under paragraph
(1) under the heading ''NATIVE AMERICAN PROGRAMS"
under the heading ''PuBLIC AND INDIAN HOUSING" of
title II of division H of the Further Consolidated Appro-
priations Act, 2020 (Public Law 116-94) to carry out
the Native American Housing Block Grants program
bears to the amount appropriated under such para-
graph for such fiscal year, provided the Secretary shall
be authorized to allocate, in an equitable manner as
determined by the Secretary, and pay any Indian tribe
that opted out of receiving a grant allocation under
the Native American Housing Block Grants program
formula in fiscal year 2020, including by establishing
a minimum amount of payments to such Indian tribe,
provided such Indian tribe notifies the Secretary not
later than 30 days after the date of enactment of
this Act that it intends to receive allocations and pay-
ments under this section.
(B) PRO RATA ADJUSTMENT; DISTRIBUTION OF DECLINED
FUNDS.-
H. R. 133--891
(i) PRO RATA ADJUSTMENTS.-The Secretary shall
make pro rata reductions in the amounts of the alloca-
tions determined under clause (ii) of subparagraph (A)
for entities described in such clause as necessary to
ensure that the total amount of payments made pursu-
ant to such clause does not exceed the remainder
amount described in such clause.
(ii) DISTRIBUTION OF DECLINED FUNDS.-If the Sec-
retary determines as of 30 days after the date of enact-
ment of this Act that an entity described in clause
(ii) of subparagraph (A) has declined to receive its
full allocation under such clause then, not later than
15 days after such date, the Secretary shall redis-
tribute, on a pro rata basis, such allocation among
the other entities described in such clause that have
not declined to receive their allocations.
(3) ALLOCATIONS AND PAYMENTS TO TERRITORIES.-
(A) IN GENERAL.-From the amount reserved under
subsection (a)(2)(A), subject to subparagraph (B), the Sec-
retary shall allocate and pay to each eligible grantee
described in subparagraph (C) an amount equal to the
productof-
(i) the amount so reserved; and
(ii) each such eligible grantee's share of the com-
bined total population of all such eligible grantees,
as determined by the Secretary.
(B) ALLOCATION ADJUSTMENT.-
(i) REQUIREMENT.-The sum of the amounts allo-
cated under subparagraph (A) to all of the eligible
grantees described in clause (ii) of subparagraph (C)
shall not be less than the amount equal to 0.3 percent
of the amount appropriated under subsection (a)(l).
(ii) REDUCTION.-The Secretary shall reduce the
amount of the allocation determined under subpara-
graph (A) for the eligible grantee described in clause
(i) of subparagraph (C) as necessary to meet the
requirement of clause (i).
(C) ELIGIBLE GRANTEES DESCRIBED.-The eligible
grantees described in this subparagraph are---
(i) the Co=onwealth of Puerto Rico; and
(ii) the United States Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and
American Samoa.
(c) USE OF FuNDS.-
(1) IN GENERAL.-An eligible grantee shall only use the
funds provided from a payment made under this section to
provide financial assistance and housing stability services to
eligible households.
(2) FINANCIAL ASSISTANCE.-
(A) IN GENERAL.-Not less than 90 percent of the funds
received by an eligible grantee from a payment made under
this section shall be used to provide financial assistance
to eligible households, including the payment of
(i) rent;
(ii) rental arrears;
(iii) utilities and home energy costs;
(iv) utilities and home energy costs arrears; and
H. R. 133--892
(v) other expenses related to housing incurred due,
directly or indirectly, to the novel coronavirus disease
(COVID-19) outbreak, as defined by the Secretary.
Such assistance shall be provided for a period not to exceed
12 months except that grantees may provide assistance
for an additional 3 months only if necessary to ensure
housing stability for a household subject to the availability
offunds.
(B) LIMITATION ON ASSISTANCE FOR PROSPECTIVE RENT
PAYMENTS.-
(i) IN GENERAL.-Subject to the exception in clause
(ii), an eligible grantee shall not provide an eligible
household with financial assistance for prospective rent
payments for more than 3 months based on any
application by or on behalf of the household.
(ii) EXCEPTION.-For any eligible household
described in clause (i), such household may receive
financial assistance for prospective rent payments for
additional months:
(I) subject to the availability of remaining
funds currently allocated to the eligible grantee,
and
(II) based on a subsequent application for addi-
tional financial assistance provided that the total
months of financial assistance provided to the
household do not exceed the total months of assist-
ance allowed under subparagraph (A).
(iii) FuRTHER LIMITATION.-To the extent that
applicants have rental arrears, grantees may not make
commitments for prospective rent payments unless
they have also provided assistance to reduce an eligible
household's rental arrears.
(C) DISTRIBUTION OF FINANCIAL ASSISTANCE.-
(i) PAYMENTS.-
(!) IN GENERAL.-With respect to financial
assistance for rent and rental arrears and utilities
and home energy costs and utility and home energy
costs arrears provided to an eligible household
from a payment made under this section, an
eligible grantee shall make payments to a lessor
or utility provider on behalf of the eligible house-
hold, except that, if the lessor or utility provider
does not agree to accept such payment from the
grantee after outreach to the lessor or utility pro-
vider by the grantee, the grantee may make such
payments directly to the eligible household for the
purpose of making payments to the lessor or utility
provider.
(II) RUI.E OF CONSTRUCTION.-Nothing in this
section shall be construed to invalidate any other-
wise legitimate grounds for eviction.
(ii) DOCUMENTATION.-For any payments made by
an eligible grantee to a lessor or utility provider on
behalf of an eligible household, the eligible grantee
shall provide documentation of such payments to such
household.
H. R. 133--893
(3) HOUSING STABILITY SERVICES.-Not more than 10 per-
cent of funds received by an eligible grantee from a payment
made under this section may be used to provide eligible house-
holds with case management and other services related to
the novel coronavirus disease (COVID-19) outbreak, as defined
by the Secretary, intended to help keep households stably
housed.
(4) PRIORITIZATION OF ASSISTANCE.-
(A) In reviewing applications for fmancial assistance
and housing stability services to eligible households from
a payment made under this section, an eligible grantee
shall prioritize consideration of the applications of an
eligible household that satisfies any of the following condi-
tions:
(i) The income of the household does not exceed
50 percent of the area median income for the house-
hold.
(ii) 1 or more individuals within the household
are unemployed as of the date of the application for
assistance and have not been employed for the 90-
day period preceding such date.
(B) Nothing in this section shall be construed to pro-
hibit an eligible grantee from providing a process for the
further prioritizing of applications for fmancial assistance
and housing stability services from a payment made under
this section, including to eligible households in which 1
or more individuals within the household were unable to
reach their place of employment or their place of employ-
ment was closed because of a public health order imposed
as a direct result of the COVID-19 public health emergency.
(5) AoMINISTRATNE COSTS.-
(A) IN GENERAL.-Not more than 10 percent of the
amount paid to an eligible grantee under this section may
be used for administrative costs attributable to providing
financial assistance and housing stability services under
paragraphs (2) and (3), respectively, including for data
collection and reporting requirements related to such funds.
(B) No OTHER ADMINISTRATIVE COSTS.-Amounts paid
under this section shall not be used for any administrative
costs other than to the extent allowed under subparagraph
(A).
(d) REALLOCATION OF UNUSED FUNDs.-Beginning on Sep-
tember 30, 2021, the Secretary shall recapture excess funds, as
determined by the Secretary, not obligated by a grantee for the
purposes described under subsection (c) and the Secretary shall
reallocate and repay such amounts to eligible grantees who, at
the time of such reallocation, have obligated at least 65 percent
of the amount originally allocated and paid to such grantee under
subsection (b)(l), only for the allowable uses described under sub-
section (c). The amount of any such reallocation shall be determined
based on demonstrated need within a grantee's jurisdiction, as
determined by the Secretary.
(e) AVAILABILITY.-
(1) IN GENERAL.-Funds provided to an eligible grantee
under a payment made under this section shall remain avail-
able through December 31, 2021.
H. R. 133--894
(2) EXTENSION FOR FUNDS PROVIDED PURSUANT TO A RE-
ALLOCATION OF UNUSED FUNDS.-For funds reallocated to an
eligible grantee pursuant to subsection (d), an eligible grantee
may request, subject to the approval of the Secretary, a 90-
day extension of the deadline established in paragraph (1).
(f) APPLICATION FOR AsSISTANCE BY LANDLORDS AND OWNERS.-
(1) IN GENERAL.--Subject to paragraph (2), nothing in this
section shall preclude a landlord or owner of a residential
dwelling from-
(A) assisting a renter of such dwelling in applying
for assistance from a payment made under this section;
or
(B) applying for such assistance on behalf of a renter
of such dwelling.
(2) REQUIREMENTS FOR APPLICATIONS SUBMITTED ON
BEHALF OF TENANTS.-If a landlord or owner of a residential
dwelling submits an application for assistance from a payment
made under this section on behalf of a renter of such dwelling-
(A) the landlord must obtain the signature of the ten-
ant on such application, which may be documented elec-
tronically;
(B) documentation of such application shall be provided
to the tenant by the landlord; and
(C) any payments received by the landlord from a
payment made under this section shall be used to satisfy
the tenant's rental obligations to the owner.
(g) REPORTING REQUIREMENTS.-
(1) IN GENERAL.-The Secretary, in consultation with the
Secretary of Housing and Urban Development, shall provide
public reports not less frequently than quarterly regarding
the use of funds made available under this section, which
shall include, with respect to each eligible grantee under this
section, both for the past quarter and over the period for
which such funds are available-
(A) the number of eligible households that receive
assistance from such payments;
(B) the acceptance rate of applicants for assistance;
(C) the type or types of assistance provided to each
eligible household;
(D) the average amount of funding provided per eligible
household receiving assistance;
(E) household income level, with such information
disaggregated for households with income that-
(i) does not exceed 30 percent of the area median
income for the household;
(ii) exceeds 30 percent but does not exceed 50
percent of the area median income for the household;
and
(iii) exceeds 50 percent but does not exceed 80
percent of area median income for the household; and
(F) the average number of monthly rental or utility
payments that were covered by the funding amount that
a household received, as applicable.
(2) DISAGGREGATION.-Each report under this subsection
shall disaggregate the information relating to households pro-
vided under subparagraphs (A) through (F) of paragraph (1)
H. R. 133--895
by the gender, race, and ethnicity of the primary applicant
for assistance in such households.
(3) ALTERNATIVE REPORTING REQUIREMENTS FOR CERTAIN
GRANTEES.-The Secretary may establish alternative reporting
requirements for grantees described in subsection (b)(2).
(4) PRIVACY REQUIREMENTS.-
(A) IN GENERAL.-Each eligible grantee that receives
a payment under this section shall establish data privacy
and security requirements for the information described
in paragraph (1) that-
(i) include appropriate measures to ensure that
the privacy of the individuals and households is pro-
tected;
(ii) provide that the information, including any
personally identifiable information, is collected and
used only for the purpose of submitting reports under
paragraph (1); and
(iii) provide confidentiality protections for data col-
lected about any individuals who are survivors of
intimate partner violence, sexual assault, or stalking.
(B) STATISTICAL RESEARCH.-
(i) IN GENERAL.-The Secretary-
(!) may provide full and unredacted informa-
tion provided under subparagraphs (A) through
(F) of paragraph (1), including personally identifi-
able information, for statistical research purposes
in accordance with existing law; and
(II) may collect and make available for statis-
tical research, at the census tract level, informa-
tion collected under subparagraph (A).
(ii) APPLICATION OF PRIVACY REQUIREMENTS.-A
recipient of information under clause (i) shall establish
for such information the data privacy and security
requirements described in subparagraph (A).
(5) NONAPPLICATION OF THE PAPERWORK REDUCTION ACT.-
Subchapter I of chapter 35 of title 44, United States Code,
shall not apply to the collection of information for the reporting
or research requirements specified in this subsection.
(h) ADMINISTRATNE EXPENSES OF THE SECRETARY.-Of the
funds appropriated pursuant to subsection (a), not more than
$15,000,000 may be used for administrative expenses of the Sec-
retary in administering this section, including technical assistance
to grantees in order to facilitate effective use of funds provided
under this section.
(i) Inspector General Oversight; Recoupment
(1) OVERSIGHT AUTHORITY.-The Inspector General of the
Department of the Treasury shall conduct monitoring and over-
sight of the receipt, disbursement, and use of funds made
available under this section.
(2) RECOUPMENT.-If the Inspector General of the Depart-
ment of the Treasury determines that a State, Tribal govern-
ment, or unit of local government has failed to comply with
subsection (c), the amount equal to the amount of funds used
in violation of such subsection shall be booked as a debt of
such entity owed to the Federal Government. Amounts recov-
ered under this subsection shall be deposited into the general
fund of the Treasury.
H. R. 133--896
(3) APPROPRIATION.-Out of any money in the Treasury
of the United States not otherwise appropriated, there are
appropriated to the Office of the Inspector General of the
Department of the Treasury, $6,500,000 to carry out oversight
and recoupment activities under this subsection. Amounts
appropriated under the preceding sentence shall remain avail-
able until expended.
(4) AUTHORITY OF INSPECTOR GENERAL.-Nothing in this
subsection shall be construed to diminish the authority of any
Inspector General, including such authority as provided in the
Inspector General Act of 1978 (5 U.S.C. App.)
(j) TREATMENT OF AsSISTANCE.-Assistance provided to a house-
hold from a payment made under this section shall not be regarded
as income and shall not be regarded as a resource for purposes
of determining the eligibility of the household or any member
of the household for benefits or assistance, or the amount or extent
of benefits or assistance, under any Federal program or under
any State or local program financed in whole or in part with
Federal funds.
(k) DEFINITIONS.-In this section:
(1) AREA MEDIAN INCOME.-The term "area median income"
means, with respect to a household, the median income for
the area in which the household is located, as determined
by the Secretary of Housing and Urban Development.
(2) ELIGIBLE GRANTEE.-The term "eligible grantee" means
any of the following:
(A) A State (as defined in section 601(g)(4) of the
Social Security Act (42 U.S.C. 801(g)(4)).
(B) A unit of local government (as defined in paragraph
(5)).
(C) An Indian tribe or its tribally designated housing
entity (as such terms are defined in section 4 of the Native
American Housing Assistance and Self-Determination Act
of 1996 (25 U.S.C. 4103)) that was eligible to receive a
grant under title I of such Act (25 U.S.C. 4111 et seq.)
for fiscal year 2020 from the amount appropriated under
paragraph (1) under the heading "NATIVE AMERICAN PRO-
GRAMS" under the heading ''PUBLIC AND INDIAN HOUSING"
of title II of division H of the Further Consolidated Appro-
priations Act, 2020 (Public Law 116-94) to carry out the
Native American Housing Block Grants program. For the
avoidance of doubt, the term Indian tribe shall include
Alaska native corporations established pursuant to the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
seq.).
(D) The Department of Hawaiian Homelands.
(3) ELIGIBLE HOUSEHOLD.-
(A) IN GENERAL.-The term "eligible household" means
a household of 1 or more individuals who are obligated
to pay rent on a residential dwelling and with respect
to which the eligible grantee involved determines-
(i) that 1 or more individuals within the household
has
(I) qualified for unemployment benefits or
(II) experienced a reduction in household
income, incurred significant costs, or experienced
other financial hardship due, directly or indirectly,
H. R. 133--897
to the novel coronavirus disease (COVID-19) out
break, which the applicant shall attest in writing;
(ii) that 1 or more individuals within the household
can demonstrate a risk of experiencing homelessness
or housing instability, which may include-
(!) a past due utility or rent notice or eviction
notice;
(II) unsafe or unhealthy living conditions; or
(III) any other evidence of such risk, as deter
mined by the eligible grantee involved; and
(iii) the household has a household income that
is not more than 80 percent of the area median income
for the household.
(B) EXCEPTION.-To the extent feasible, an eligible
grantee shall ensure that any rental assistance provided
to an eligible household pursuant to funds made available
under this section is not duplicative of any other Federally
funded rental assistance provided to such household.
(C) INCOME DETERMINATION.-
(i) In determining the income of a household for
purposes of determining such household's eligibility
for assistance from a payment made under this section
(including for purposes of subsection (c)(4)), the eligible
grantee involved shall consider either
(I) the household's total income for calendar
year 2020, or
(II) subject to clause (ii), sufficient confirma
tion, as determined by the Secretary, of the house
hold's monthly income at the time of application
for such assistance.
(ii) In the case of income determined under sub
clause (II), the eligible grantee shall be required to
re-determine the eligibility of a household's income
after each such period of 3 months for which the house
hold receives assistance from a payment made under
this section.
(4) INSPECTOR GENERAL.-The term "Inspector General"
means the Inspector General of the Department of the
Treasury.
(5) SECRETARY.-The term "Secretary'' means the Secretary
of the Treasury.
(6) UNIT OF LOCAL GOVERNMENT.-The term "unit of local
government" has the meaning given such term in paragraph
(2) of section 601(g) of the Social Security Act (42 U.S.C. 801(g)),
except that, in applying such term for purposes of this section,
such paragraph shall be applied by substituting "200,000" for
"500 000"
(1) TERMINATION OF PROGRAM.-The authority of an eligible
grantee to make new obligations to provide payments under sub
section (c) shall terminate on the date established in subsection
(e) for that eligible grantee. Amounts not expended in accordance
with this section shall revert to the Department of the Treasury.
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