15 U.S.C. § 9058a — Emergency rental assistance

Page 2533 TITLE 15—COMMERCE AND TRADE § 9058a (5) Covered period The term ‘‘covered period’’ means the period beginning on March 27, 2020, and ending on the sooner of— (A) the termination date of the national emergency concerning the novel coronavirus disease (COVID–19) outbreak declared by the President on March 13, 2020 under the Na- tional Emergencies Act (50 U.S.C. 1601 et seq.); or (B) December 31, 2020. (Pub. L. 116–136, div. A, title IV, § 4023, Mar. 27, 2020, 134 Stat. 491.) Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (f)(4), (5)(A), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For com- plete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Ta- bles. § 9058. Temporary moratorium on eviction filings (a) Definitions In this section: (1) Covered dwelling The term ‘‘covered dwelling’’ means a dwell- ing that— (A) is occupied by a tenant— (i) pursuant to a residential lease; or (ii) without a lease or with a lease ter- minable under State law; and (B) is on or in a covered property. (2) Covered property The term ‘‘covered property’’ means any property that— (A) participates in— (i) a covered housing program (as defined in section 12491(a) of title 34); or (ii) the rural housing voucher program under section 1490r of title 42; or (B) has a— (i) Federally backed mortgage loan; or (ii) Federally backed multifamily mort- gage loan. (3) Dwelling The term ‘‘dwelling’’— (A) has the meaning given the term in sec- tion 3602 of title 42; and (B) includes houses and dwellings de- scribed in section 3603(b) of title 42. (4) Federally backed mortgage loan The term ‘‘Federally backed mortgage loan’’ includes any loan (other than temporary fi- nancing such as a construction loan) that— (A) is secured by a first or subordinate lien on residential real property (including indi- vidual units of condominiums and coopera- tives) designed principally for the occupancy of from 1 to 4 families, including any such secured loan, the proceeds of which are used to prepay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program ad- ministered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such of- ficer or agency, or is purchased or securitized by the Federal Home Loan Mort- gage Corporation or the Federal National Mortgage Association. (5) Federally backed multifamily mortgage loan The term ‘‘Federally backed multifamily mortgage loan’’ includes any loan (other than temporary financing such as a construction loan) that— (A) is secured by a first or subordinate lien on residential multifamily real property de- signed principally for the occupancy of 5 or more families, including any such secured loan, the proceeds of which are used to pre- pay or pay off an existing loan secured by the same property; and (B) is made in whole or in part, or insured, guaranteed, supplemented, or assisted in any way, by any officer or agency of the Federal Government or under or in connection with a housing or urban development program ad- ministered by the Secretary of Housing and Urban Development or a housing or related program administered by any other such of- ficer or agency, or is purchased or securitized by the Federal Home Loan Mort- gage Corporation or the Federal National Mortgage Association. (b) Moratorium During the 120-day period beginning on March 27, 2020, the lessor of a covered dwelling may not— (1) make, or cause to be made, any filing with the court of jurisdiction to initiate a legal action to recover possession of the cov- ered dwelling from the tenant for nonpayment of rent or other fees or charges; or (2) charge fees, penalties, or other charges to the tenant related to such nonpayment of rent. (c) Notice The lessor of a covered dwelling unit— (1) may not require the tenant to vacate the covered dwelling unit before the date that is 30 days after the date on which the lessor pro- vides the tenant with a notice to vacate; and (2) may not issue a notice to vacate under paragraph (1) until after the expiration of the period described in subsection (b). (Pub. L. 116–136, div. A, title IV, § 4024, Mar. 27, 2020, 134 Stat. 492.) § 9058a. Emergency rental assistance (a) Appropriation (1) In general Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for making payments to eligible grantees under this section, $25,000,000,000 for fiscal year 2021. Page 2534 TITLE 15—COMMERCE AND TRADE § 9058a 1 So in original. Probably should be ‘‘this section’’. 2 See Codification note below. (2) Reservation of funds for the territories and tribal communities Of the amount appropriated under paragraph (1), the Secretary shall reserve— (A) $400,000,000 of such amount for making payments under this section to the Com- monwealth of Puerto Rico, the United States Virgin Islands, Guam, the Common- 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 subparagraphs (C) and (D) of subsection (k)(2); and (C) $15,000,000 for administrative expenses of the Secretary 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 sub- section shall be allocated and paid to eligi- ble grantees described in subparagraph (B) in the same manner as the amount appro- priated under subsection (a)(1) of section 801 of title 42 is allocated and paid to States and units of local government under subsections (b) and (c) of such section, and shall be sub- ject to the same requirements, except that— (i) the deadline for payments under sec- tion 801(b)(1) of such title shall, for pur- poses of payments under this section, be deemed to be not later than 30 days after December 27, 2020; (ii) the amount referred to in paragraph (3) of section 801(c) of such title shall be deemed to be the amount appropriated under paragraph (1) of subsection (a) of this Act 1 that remains after the applica- tion of paragraph (2) of such subsection; (iii) section 801(c) of title 42 shall be ap- plied— (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 sub- stituting ‘‘each of the 50 States and Dis- trict 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 Commonwealth of the North- ern 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); (iv) section 801(d) of such title shall not apply to such payments; and (v) section 801(e) of such title 2 shall be applied— (I) by substituting ‘‘under section 9058a of title 15’’ for ‘‘under this section’’; and (II) by substituting ‘‘local government elects to receive funds from the Sec- retary under section 9058a of title 15 and will use the funds in a manner consistent with such section’’ for ‘‘local govern- ment’s proposed uses of the funds are consistent with subsection (d)’’. (B) Eligible grantees described The eligible grantees described in this sub- paragraph 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 commu- nities (A) In general From the amount reserved under sub- section (a)(2)(B), the Secretary shall— (i) pay the amount equal to 0.3 percent of such amount to the Department of Hawai- ian 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-Determina- tion 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 re- mainder as the amount each such Indian tribe (or entity) was eligible to receive for such fiscal year from the amount appro- priated 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 Appropriations Act, 2020 (Public Law 116–94) to carry out the Native American Housing Block Grants program bears to the amount appropriated under such paragraph for such fiscal year, provided the Secretary shall be authorized to allocate, in an equitable manner as de- termined by the Secretary, and pay any Indian tribe that opted out of receiving a grant allocation under the Native Amer- ican Housing Block Grants program for- mula in fiscal year 2020, including by es- tablishing a minimum amount of pay- ments to such Indian tribe, provided such Indian tribe notifies the Secretary not later than 30 days after December 27, 2020, that it intends to receive allocations and payments under this section. (B) Pro rata adjustment; distribution of de- clined funds (i) Pro rata adjustments The Secretary shall make pro rata re- ductions in the amounts of the allocations determined under clause (ii) of subpara- graph (A) for entities described in such clause as necessary to ensure that the total amount of payments made pursuant Page 2535 TITLE 15—COMMERCE AND TRADE § 9058a to such clause does not exceed the remain- der amount described in such clause. (ii) Distribution of declined funds If the Secretary determines as of 30 days after December 27, 2020, that an entity de- scribed 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 redistribute, on a pro rata basis, such allo- cation among the other entities described in such clause that have not declined to re- ceive their allocations. (3) Allocations and payments to territories (A) In general From the amount reserved under sub- section (a)(2)(A), subject to subparagraph (B), the Secretary shall allocate and pay to each eligible grantee described in subpara- graph (C) an amount equal to the product of— (i) the amount so reserved; and (ii) each such eligible grantee’s share of the combined total population of all such eligible grantees, as determined by the Secretary. (B) Allocation adjustment (i) Requirement The sum of the amounts allocated under subparagraph (A) to all of the eligible grantees described in clause (ii) of sub- paragraph (C) shall not be less than the amount equal to 0.3 percent of the amount appropriated under subsection (a)(1). (ii) Reduction The Secretary shall reduce the amount of the allocation determined under sub- paragraph (A) for the eligible grantee de- scribed 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 sub- paragraph are— (i) the Commonwealth 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 sec- tion to provide financial assistance and hous- ing stability services to eligible households. (2) Financial assistance (A) In general Not less than 90 percent of the funds re- ceived by an eligible grantee from a pay- ment 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 ar- rears; and (v) other expenses related to housing in- curred due, directly or indirectly, to the novel coronavirus disease (COVID–19) out- break, as defined by the Secretary. Such assistance shall be provided for a pe- riod not to exceed 12 months except that grantees may provide assistance for an addi- tional 3 months only if necessary to ensure housing stability for a household subject to the availability of funds. (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 eligi- ble 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 fi- nancial assistance for prospective rent payments for additional months: (I) subject to the availability of re- maining funds currently allocated to the eligible grantee, and (II) based on a subsequent application for additional financial assistance pro- vided 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 rent- al arrears, grantees may not make com- mitments for prospective rent payments unless they have also provided assistance to reduce an eligible household’s rental ar- rears. (C) Distribution of financial assistance (i) Payments (I) 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 eligi- ble household from a payment made under this section, an eligible grantee shall make payments to a lessor or util- ity provider on behalf of the eligible household, 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 provider 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 pro- vider. (II) Rule of construction Nothing in this section shall be con- strued to invalidate any otherwise legiti- mate grounds for eviction. (ii) Documentation For any payments made by an eligible grantee to a lessor or utility provider on Page 2536 TITLE 15—COMMERCE AND TRADE § 9058a behalf of an eligible household, the eligible grantee shall provide documentation of such payments to such household. (3) Housing stability services Not more than 10 percent of funds received by an eligible grantee from a payment made under this section may be used to provide eli- gible households 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 financial assistance and housing stability services to el- igible 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 conditions: (i) The income of the household does not exceed 50 percent of the area median income for the household. (ii) 1 or more individuals within the house- hold are unemployed as of the date of the ap- plication for assistance and have not been employed for the 90-day period preceding such date. (B) Nothing in this section shall be con- strued to prohibit an eligible grantee from providing a process for the further prioritizing of applications for financial 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 employment was closed because of a public health order imposed as a direct result of the COVID–19 public health emergency. (5) Administrative 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 attrib- utable to providing financial assistance and housing stability services under paragraphs (2) and (3), respectively, including for data collection and reporting requirements re- lated 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 subpara- graph (A). (d) Reallocation of unused funds Beginning on September 30, 2021, the Sec- retary shall recapture excess funds, as deter- mined by the Secretary, not obligated by a grantee for the purposes described under sub- section (c) and the Secretary shall reallocate and repay such amounts to eligible grantees who, at the time of such reallocation, have obli- gated at least 65 percent of the amount origi- nally allocated and paid to such grantee under subsection (b)(1), only for the allowable uses de- scribed under subsection (c). The amount of any such reallocation shall be determined based on demonstrated need within a grantee’s jurisdic- tion, as determined by the Secretary. (e) Availability (1) In general Funds provided to an eligible grantee under a payment made under this section shall re- main available through September 30, 2022. (2) Extension for funds provided pursuant to a reallocation 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 sec- tion 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 dwell- ing 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 tenant on such application, which may be documented electronically; (B) documentation of such application shall be provided to the tenant by the land- lord; 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 Sec- retary 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 pro- vided per eligible household receiving assist- ance; (E) household income level, with such in- formation disaggregated for households with income that— (i) does not exceed 30 percent of the area median income for the household; Page 2537 TITLE 15—COMMERCE AND TRADE § 9058a 3 So in original. Probably should be followed by a period. See References in Text note below. (ii) exceeds 30 percent but does not ex- ceed 50 percent of the area median income for the household; and (iii) exceeds 50 percent but does not ex- ceed 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 provided under subparagraphs (A) through (F) of paragraph (1) by the gender, race, and ethnicity of the primary applicant for assistance in such households. (3) Alternative reporting requirements for cer- tain grantees The Secretary may establish alternative re- porting requirements for grantees described in subsection (b)(2). (4) Privacy requirements (A) In general Each eligible grantee that receives a pay- ment under this section shall establish data privacy and security requirements for the information described in paragraph (1) that— (i) include appropriate measures to en- sure that the privacy of the individuals and households is protected; (ii) provide that the information, includ- ing any personally identifiable informa- tion, is collected and used only for the pur- pose of submitting reports under para- graph (1); and (iii) provide confidentiality protections for data collected about any individuals who are survivors of intimate partner vio- lence, sexual assault, or stalking. (B) Statistical research (i) In general The Secretary— (I) may provide full and unredacted in- formation provided under subparagraphs (A) through (F) of paragraph (1), includ- ing personally identifiable information, for statistical research purposes in ac- cordance with existing law; and (II) may collect and make available for statistical research, at the census tract level, information collected under sub- paragraph (A). (ii) Application of privacy requirements A recipient of information under clause (i) shall establish for such information the data privacy and security requirements de- scribed in subparagraph (A). (5) Nonapplication of the Paperwork Reduc- tion Act Subchapter I of chapter 35 of title 44 shall not apply to the collection of information for the reporting or research requirements speci- fied in this subsection. (h) Administrative expenses of the Secretary Of the funds appropriated pursuant to sub- section (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 fa- cilitate 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 oversight of the receipt, disbursement, and use of funds made available under this section. (2) Recoupment If the Inspector General of the Department of the Treasury determines that a State, Trib- al government, 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 Gov- ernment. Amounts recovered under this sub- section shall be deposited into the general fund of the Treasury. (3) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Office of the In- spector 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 available until ex- pended. (4) Authority of Inspector General Nothing in this subsection shall be con- strued to diminish the authority of any In- spector General, including such authority as provided in the Inspector General Act of 1978 (5 U.S.C. App.) 3 (j) Treatment of assistance Assistance provided to a household 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 eligi- bility 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 in- come for the area in which the household is lo- cated, as determined by the Secretary of Hous- ing and Urban Development. (2) Eligible grantee The term ‘‘eligible grantee’’ means any of the following: (A) A State (as defined in section 801(g)(4) of title 42. Page 2538 TITLE 15—COMMERCE AND TRADE § 9058a 4 So in original. Probably should be followed by a dash. (B) A unit of local government (as defined in paragraph (5)). (C) An Indian tribe or its tribally des- ignated 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 para- graph (1) under the heading ‘‘native amer- ican programs’’ under the heading ‘‘Public and Indian Housing’’ of title II of division H of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) to carry out the Native American Housing Block Grants pro- gram. For the avoidance of doubt, the term Indian tribe shall include Alaska native cor- porations established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (D) The Department of Hawaiian Home- lands. (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 dwell- ing and with respect to which the eligible grantee involved determines— (i) that 1 or more individuals within the household has 4 (I) qualified for unemployment benefits or (II) experienced a reduction in house- hold income, incurred significant costs, or experienced other financial hardship due, directly or indirectly, 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 expe- riencing homelessness or housing insta- bility, which may include— (I) a past due utility or rent notice or eviction notice; (II) unsafe or unhealthy living condi- tions; or (III) any other evidence of such risk, as determined by the eligible grantee in- volved; and (iii) the household has a household in- come 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 pro- vided to an eligible household pursuant to funds made available under this section is not duplicative of any other Federally fund- ed rental assistance provided to such house- hold. (C) Income determination (i) In determining the income of a house- hold for purposes of determining such house- hold’s eligibility for assistance from a pay- ment 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 cal- endar year 2020, or (II) subject to clause (ii), sufficient con- firmation, as determined by the Secretary, of the household’s monthly income at the time of application for such assistance. (ii) In the case of income determined under subclause (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 household receives assistance from a payment made under this section. (4) Inspector General The term ‘‘Inspector General’’ means the In- spector 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 801(g) of title 42, except that, in apply- ing such term for purposes of this section, such paragraph shall be applied by sub- stituting ‘‘200,000’’ for ‘‘500,000’’. (l) 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 estab- lished in subsection (e) for that eligible grantee. Amounts not expended in accordance with this section shall revert to the Department of the Treasury. (Pub. L. 116–260, div. N, title V, § 501, Dec. 27, 2020, 134 Stat. 2069; Pub. L. 117–2, title III, § 3201(h), Mar. 11, 2021, 135 Stat. 58.) Editorial Notes REFERENCES IN TEXT The Native American Housing Assistance and Self- Determination Act of 1996, referred to in subsecs. (b)(2)(A)(ii) and (k)(2)(C), is Pub. L. 104–330, Oct. 26, 1996, 110 Stat. 4016. Title I of the Act is classified generally to subchapter I (§ 4111 et seq.) of chapter 43 of Title 25, Indians. For complete classification of this Act to the Code, see Short Title note set out under section 4101 of Title 25 and Tables. The Further Consolidated Appropriations Act, 2020, referred to in subsecs. (b)(2)(A)(ii) and (k)(2)(C), is Pub. L. 116–94, Dec. 20, 2019, 133 Stat. 2534. Provisions under the heading ‘‘native american programs’’ under the heading ‘‘Public and Indian Housing’’ of title II of divi- sion H of the Act [133 Stat. 2985] are not classified to the Code. For complete classification of this Act to the Code, see Tables. The Inspector General Act of 1978, referred to in sub- sec. (i)(4), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. Page 2539 TITLE 15—COMMERCE AND TRADE § 9058c 1 So in original. Probably should be ‘‘this section’’. The Alaska Native Claims Settlement Act, referred to in subsec. (k)(2)(C), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. CODIFICATION In subsec. (b)(1)(A)(v), ‘‘section 801(e) of such title’’ was in the original ‘‘section 601(e)’’, and was translated as meaning ‘‘section 601(e) of such Act’’, meaning sec- tion 601(e) of the Social Security Act, to reflect the probable intent of Congress. Section was enacted as part of the Consolidated Ap- propriations Act, 2021, and not as part of the CARES Act which in part comprises this chapter. AMENDMENTS 2021—Subsec. (e)(1). Pub. L. 117–2 substituted ‘‘Sep- tember 30, 2022’’ for ‘‘December 31, 2021’’. § 9058b. Funding for water assistance program (a) In general In addition to amounts otherwise available, there is appropriated to the Secretary of Health and Human Services (in this section referred to as the ‘‘Secretary’’) for fiscal year 2021, out of any amounts in the Treasury not otherwise ap- propriated, $500,000,000, to remain available until expended, for grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services, by providing funds to owners or operators of public water sys- tems or treatment works to reduce arrearages of and rates charged to such households for such services. (b) Allotment The Secretary shall— (1) allot amounts appropriated in this sec- tion to a State or Indian Tribe based on— (A) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, with income equal or less than 150 percent of the Federal poverty line; and (B) the percentage of households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing; and (2) reserve up to 3 percent of the amount ap- propriated in this section for Indian Tribes and tribal organizations. (c) Definition In this section, the term ‘‘State’’ means each of the 50 States of the United States, the Dis- trict of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (Pub. L. 117–2, title II, § 2912, Mar. 11, 2021, 135 Stat. 51.) Editorial Notes CODIFICATION Section was enacted as part of the American Rescue Plan Act of 2021, and not as part of the CARES Act which in part comprises this chapter. § 9058c. Emergency rental assistance (a) Funding (1) Appropriation In addition to amounts otherwise available, there is appropriated to the Secretary of the Treasury for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $21,550,000,000, to remain available until Sep- tember 30, 2027, for making payments to eligi- ble grantees under this section— (2) Reservation of funds Of the amount appropriated under paragraph (1), the Secretary shall reserve— (A) $305,000,000 for making payments under this section to the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; (B) $30,000,000 for costs of the Secretary for the administration of emergency rental as- sistance programs and technical assistance to recipients of any grants made by the Sec- retary to provide financial and other assist- ance to renters; (C) $3,000,000 for administrative expenses of the Inspector General relating to oversight of funds provided in this section; and (D) $2,500,000,000 for payments to high-need grantees as provided in this section. (b) Allocation of funds to eligible grantees (1) Allocation for States and units of local gov- ernment (A) In general The amount appropriated under paragraph (1) of subsection (a) that remains after the application of paragraph (2) of such sub- section shall be allocated to eligible grant- ees described in subparagraphs (A) and (B) of subsection (f)(1) in the same manner as the amount appropriated under section 9058a of this title is allocated to States and units of local government under subsection (b)(1) of such section, except that section 9058a(b) of this title shall be applied— (i) without regard to clause (i) of para- graph (1)(A); (ii) by deeming the amount appropriated under paragraph (1) of subsection (a) of this Act 1 that remains after the applica- tion of paragraph (2) of such subsection to be the amount deemed to apply for pur- poses of applying clause (ii) of section 9058a(b)(1)(A) of this title; (iii) by substituting ‘‘$152,000,000’’ for ‘‘$200,000,000’’ each place such term ap- pears; (iv) in subclause (I) of such section 9058a(b)(1)(A)(v) of this title, by sub- stituting ‘‘under section 9058c of title 15’’ for ‘‘under section 9058a of title 15’’; and (v) in subclause (II) of such section 9058a(b)(1)(A)(v) of this title, by sub- stituting ‘‘local government elects to re- ceive funds from the Secretary under sec- tion 9058c of title 15 and will use the funds in a manner consistent with such section’’