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HomeMy WebLinkAboutEmergency Order No. 21-004 - Emergency Rental Assistance (EAR) Program and the Emergency Mortgage Assistance ProgramEMERGENCY ORDER NO. 21-004 AN EMERGENCY ORDER OF THE ST. LUCIE COUNTY ADMINISTRATOR REGARDING THE EMERGENCY RENTAL ASSISTANCE PROGRAM AND THE EMERGENCY MORTGAGE ASSISTANCE PROGRAM WHEREAS, the St. Lucie County Administrator has made the following determinations: 1. The Novel Coronavirus Disease 2019 ("COVID-19") is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms similar to those of influence; and 2. On January 30, 2020, the World Health Organization declared COVID-19 a Public Health Emergency of International Concern; and 3. On March 9, 2020, the Governor of the State of Florida issued Executive Order Number 20-52 declaring that a state of emergency exists in the State of Florida as a result of the spread of COVID-19 and the imminent threat to the health and welfare of the citizens of Florida; and 4. On March 17, 2020, the St. Lucie County Public Safety Director declared a State of Local Emergency COVID-19 Public Health Emergency (the "St. Lucie County Declaration of Emergency"); and 5. The findings in the St. Lucie County Declaration of Emergency are incorporal � °00 m' 9 0gvt-1m herein; and z '0 m c�N cm?a V �+AgC3 6. On March 25, 2020, the President of the United States declared that a mz om Z disaster exists in the State of Florida as a result of COVID-19; and N N M '' m coo N � w ?? O 7. On December 27, 2020, the United States Government enacted the Emerge m Rental Assistance ("ERA") program, section 501(a) of Division N of the Consolida F� 0 0 5 M 1 Appropriations Act, 2021, Pub. L. No. 116-260 (Dec. 27, 2020) ("Section 501"), under which ° 0 0 z billion was made available to States, U.S. Territories, eligible local governments, and Indian tr to provide assistance to eligible households through existing or newly created rental assistz 1 programs; and 8. The County has received $3,818,274.90 directly from the U.S. Department of the Treasury ("Treasury") under the ERA program pursuant to an ERA Agreement executed January 8, 2021, a copy of which is attached hereto as Exhibit A; and 9. The County seeks to engage a firm that can assist the County in the administration of its ERA Program funds to provide financial assistance and housing stability service to eligible households (the "Consultant") in accordance with Section 501 and Treasury's guidance; and 10. By statute, the funds for the ERA Program remain available only through December 31, 2021; and 11. Since the City of Fort Pierce and the Town of St. Lucie Village did not qualify for funding (based on population), County staff will be recommending that the its ERA Program allocation be made available through the program administered by the Consultant for financial assistance and housing stability services not only to residents of unincorporated St. Lucie County, but also to residents of the City of Fort Pierce and St. Lucie Village; and 12. Pursuant to the County's ERA agreement with Treasury, funds may be used to cover direct administrative expenses. The sum of administrative expenses and housing stability services may not exceed 10% of the total award ($381,827.49); and 13. County staff recommends using an amount not to exceed 6% of the sum of the County's grant to compensate the Consultant ($229,096.49) and any other consultants contracted to provide administrative or housing stability services, with the 4% difference to be used for County staff oversight ($152,731.00); and 14. The County also desires the Consultant to assist the County to implement an Emergency Mortgage Assistance Program that will be funded from a different funding source; and 15. Any compensation paid to the Consultant for services related to the Emergency 2 Mortgage Assistance Program will be separately tracked and will not count against the County's 10% cap on administrative and housing stability services costs under the Treasury ERA Program or the not -to -exceed amount in Paragraph 13; and 16. County staff recommends that the County obtain at least three (3) quotes from firms who are qualified to serve as Consultant to the County to administer an emergency rental assistance program pursuant to Section 501 and Treasury guidance and an Emergency Mortgage Assistance Program; and 17. The County has determined emergency and exigent circumstances exist requiring immediate action. While temporary eviction moratoriums delay evictions, they do not address mounting debts that residents will face once the moratoriums expire. For these residents, large rental or mortgage arrears accumulate with no way to pay as many of them have experienced a loss or reduction of income due to the COVID-19 pandemic. Additionally, while an eviction moratorium is a great benefit to a tenant, it creates financial hardship for landlords. Without immediate financial assistance, both residents and landlords face serious financial harm. In addition, tenants with significant rental or utility arrears face the possibility of living in subpar conditions (without electricity, water, or other essential services) or losing access to stable housing. These circumstances threaten the public health and safety by creating an environment conducive to homelessness. Urgent action is necessary to alleviate this threat.; and 18. Paragraph 2 of the St. Lucie County Declaration of Emergency provides that the County Administrator may take all actions necessary and appropriate to protect human life and prosperity, to the`extent necessary to accommodate the emergency. NOW, THEREFORE, BE IT ORDERED AS FOLLOWS: 1. The determinations, orders, and declarations identified above are incorporated herein. 2. 1 hereby authorize the Purchasing Manager to obtain three (3) quotes from firms that are qualified to administer the Emergency Rental Assistance Program and the 3 Emergency Mortgage Assistance Program. The staff recommendation for the award to the most qualified firm shall be placed on the February 23, 2021 agenda along with a proposed agreement with the recommended firm. 3. This Order, as set out above, shall be placed on the agenda of the next meeting of the Board of County Commissioners for purposes of review and ratification. Severability. Any provision(s) within this Order that conflict(s) with any State or Federal law or constitutional provision, or conflict(s) with or are superseded by a current or subsequently issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Order, with the remainder of the Order remaining intact and in full force and effect. This Order is effective as of p.m. on day of February 2021. This Order will expire upon the expiration of the existing State of Local Emergency, as same may be extended by subsequent order or declaration, unless earlier terminated by subsequent Order. Prior resolutions and emergency orders remain in force and effect unless modified or superseded. This Order shall be filed in the Office of the Clerk of the Circuit Court. Signed this day of2021 at �� (a.m.) CPM 4 EXHIBIT ' 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 St.Lucie County Board of County provide] TIN: 59-6000835 Commissioners DUNS:07-221-5403 2300 Virginia Avenue, Fort Pierce, FL 34982 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("Treasurys")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. r,r , Howard N. Tipton, County Administrator Aut orized Representative Title: [To be signed by chief executive officer if recipient is a local government.] Date signed: _)Cx e ►L 1 Cti r o, t APPROVED AS TO FORM AND CORRECTNESS j UNTY ATTORNEY U.S.DEPARTMENT OF THE TREASURY EMERGENCY RENTAL ASSISTANCE 1. 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"). 2. 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. 3. 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. 4. 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. 5. 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 0 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). 2 6. 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. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. 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. 3 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. 9. 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. 10. 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." 11, 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. 4 d. Funds for payment of a debt must not come from other federally sponsored programs. 12. 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. 13. 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. 14. 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_ 15. 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. 5 H.R.133-888 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.—Of the 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 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 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)(1)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)(1) 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 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 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 product of— (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)(1). (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 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 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 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 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.— (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 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)RULE 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 financial 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 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 employ- ment 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 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)(1), 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 REQUIREMENIS.— (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— (I) 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) ADMINISTRATIVE 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— (I)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.