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15 U.S. Code § 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.
(2) Reservation of funds for the territories and tribal communitiesOf 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 Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth 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 generalThe 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 subparagraph (B) in the same manner as the amount appropriated 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 subject to the same requirements, except that—
(i)
the deadline for payments under section 801(b)(1) of such title shall, for purposes 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 application of paragraph (2) of such subsection;
(iii)section 801(c) of title 42 shall be applied—
(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 Commonwealth 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);
(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 Secretary under section 9058a of title 15 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 describedThe 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 generalFrom 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 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 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 December 27, 2020, that it intends to receive allocations and payments under this section.
(B) Pro rata adjustment; distribution of declined funds
(i) Pro rata adjustments
The Secretary shall make pro rata reductions in the amounts of the allocations determined under clause (ii) of subparagraph (A) for entities described in such clause as necessary to ensure that the total amount of payments made pursuant to such clause does not exceed the remainder 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 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 redistribute, on a pro rata basis, such allocation among the other entities described in such clause that have not declined to receive their allocations.