Emergency Rental Assistance Terms (Archived; OMB Approved No. 1505-0266)

Summary

The form of Emergency Rental Assistance award terms issued by the U.S. Department of the Treasury under Section 501(a) of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, bearing OMB Approved No. 1505-0266 with an expiration date of 7/31/21. A recipient agrees to the attached terms as a condition of receiving payment, with blanks for the recipient's details and the signature of an authorized representative. The terms state that funds remain available only through December 31, 2021, and that recipients may treat administrative expenses as direct costs but may not cover indirect costs with award funds. Other terms cover reporting, records, nondiscrimination statutes and whistleblower protections.

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“Emergency Rental Assistance Terms (Archived; OMB Approved No. 1505-0266).” Original at home.treasury.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/treas-emergency-rental-assistance-terms-final-archived-eb4950563a/, SHA-256 0d0515e34956b51e10e27c247c79d023dce5e623f9818441b79ebf5270673a58.

Full text

OMB Approved No.: 1505-0266
Expiration Date: 7/31/21

U.S. DEPARTMENT OF THE TREASURY
EMERGENCY RENTAL ASSISTANCE

Recipient name and address: DUNS Number: [Recipient to provide]
[Recipient to provide]
Taxpayer Identification Number: [Recipient to
provide]

Section 501(a) of Division N of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260
(Dec. 27, 2020) authorizes the Department of the Treasury (“Treasury”) to make payments to
certain recipients to be used to provide emergency rental assistance.
Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms
attached hereto.

__________________________________________________
Authorized Representative:

Title: [To be signed by chief executive officer if recipient is a local government.]

Date signed:
U.S. DEPARTMENT OF THE TREASURY
EMERGENCY RENTAL ASSISTANCE

Use of Funds. Recipient understands and agrees that the funds disbursed under this award
may only be used for the purposes set forth in Section 501 of Division N of the Consolidated
Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) (referred to herein as “Section
501”).

Repayment and reallocation of funds.
a. Recipient agrees to repay excess funds to Treasury in the amount as may be determined
by Treasury pursuant to Section 501(d). Such repayment shall be made in the manner and
by the date, which shall be no sooner than September 30, 2021, as may be set by Treasury.
b. The reallocation of funds provided by Section 501(d) shall be determined by Treasury and
shall be subject to the availability of funds at such time.

Availability of funds.
a. Recipient acknowledges that, pursuant to Section 501(e), funds provided under this award
shall remain available only through December 31, 2021, unless, in the case of a reallocation
made by Treasury pursuant to section 501(d), Recipient requests and receives from
Treasury an extension of up to 90 days.
b. Any such requests for extension shall be provided in the form and shall include such
information as Treasury may require.
c. Amounts not expended by Recipient in accordance with Section 501 shall be repaid to
Treasury in the manner specified by Treasury.

Administrative costs.
a. Administrative expenses of Recipient may be treated as direct costs, but Recipient may not
cover indirect costs using the funds provided in this award, and Recipient may not apply
its negotiated indirect cost rate to this award.
b. The sum of the amount of the award expended on housing stability services described in
Section 501(c)(3) and the amount of the award expended on administrative expenses
described in Section 501(c)(5) may not exceed 10 percent of the total award.

Reporting.
a. Recipient agrees to comply with any reporting obligations established by Treasury,
including the Treasury Office of Inspector General, as relates to this award, including
but not limited to: (i) reporting of information to be used by Treasury to comply with its
public reporting obligations under section 501(g) and (ii) any reporting to Treasury and
the Pandemic Response Accountability Committee that may be required pursuant to
section 15011(b)(2) of Division B of the Coronavirus Aid, Relief, and Economic Security
Act (Pub. L. No. 116-136), as amended by Section 801 of Division O of the Consolidated
Appropriations Act, 2021 (Pub. L. No. 116-260). Recipient acknowledges that any such
information required to be reported pursuant to this section may be publicly disclosed.

b. Recipient agrees to establish data privacy and security requirements as required by Section
501(g)(4).

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Maintenance of and Access to Records
a. Recipient shall maintain records and financial documents sufficient to support compliance
with Section 501(c) regarding the eligible uses of funds.
b. The Treasury Office of Inspector General and the Government Accountability Office, or
their authorized representatives, shall have the right of access to records (electronic and
otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have
been expended or returned to Treasury.

Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.

Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of Section 501 and Treasury interpretive
guidance regarding such requirements. Recipient also agrees to comply with all other
applicable federal statutes, regulations, and executive orders, and Recipient shall provide
for such compliance in any agreements it enters into with other parties relating to this
award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25 and
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension
(Nonprocurement), 2 C.F.R. Part 180 (including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts described
in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and
Treasury’s implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.

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c. Statutes and regulations prohibiting discrimination applicable to this award, include,
without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
grounds of race, color, or national origin under programs or activities receiving
federal financial assistance;
ii. The Fair Housing Act, Title VIII-IX of the Civil Rights Act of 1968 (42 U.S.C. § 3601
et seq.), which prohibits discrimination in housing on the basis of race, color,
national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of handicap under any program or activity
receiving or benefitting from federal assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.) and
Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal
financial assistance; and
v. The Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et
seq.), which prohibits discrimination on the basis of disability under programs,
activities, and services provided or made available by state and local governments
or instrumentalities or agencies thereto.

False Statements. Recipient understands that false statements or claims made in connection
with this award may result in fines, imprisonment, debarment from participating in federal
awards or contracts, and/or any other remedy available by law.

Publications. Any publications produced with funds from this award must display the
following language: “This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury.”

Debts Owed the Federal Government.
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (2) that are
determined by the Treasury Office of Inspector General to have been misused; or (3)
that are not repaid by Recipient as may be required by Treasury pursuant to Section
501(d) shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by
Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s
initial written demand for payment, unless other satisfactory arrangements have been
made. Interest, penalties, and administrative charges shall be charged on delinquent
debts in accordance with 31 U.S.C. § 3717 and 31 C.F.R. § 901.9. Treasury will refer
any debt that is more than 180 days delinquent to Treasury’s Bureau of the Fiscal
Service for debt collection services.
c. Penalties on any debts shall accrue at a rate of not more than 6 percent per year or
such other higher rate as authorized by law. Administrative charges, that is, the costs
of processing and handling a delinquent debt, shall be determined by Treasury.

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d. Funds for payment of a debt must not come from other federally sponsored programs.

Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient
or third persons for the actions of Recipient or third persons resulting in death, bodily
injury, property damages, or any other losses resulting in any way from the
performance of this award or any other losses resulting in any way from the
performance of this award or any contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way constitute an agency
relationship between the United States and Recipient.

Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee as a reprisal for disclosing information to any of the list
of persons or entities provided below that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger
to public health or safety, or a violation of law, rule, or regulation related to a federal
contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; and/or
vii. A management official or other employee of Recipient, contractor, or
subcontractor who has the responsibility to investigate, discover, or address
misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR
19217 (April 8, 1997), Recipient should and should encourage its contractors to adopt and
enforce on-the-job seat belt policies and programs for their employees when operating
company-owned, rented or personally owned vehicles.

Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, Recipient
should encourage its employees, subrecipients, and contractors to adopt and enforce policies
that ban text messaging while driving, and Recipient should establish workplace safety
policies to decrease accidents caused by distracted drivers.

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