42 U.S.C. 802 (U.S. Code, current edition)
Summary
The U.S. Code text of 42 U.S.C. § 802, Coronavirus State fiscal recovery fund, in Title 42—The Public Health and Welfare, with notes. It appropriates for fiscal year 2021 $219,800,000,000, to remain available through December 31, 2024, for payments to States, territories, and Tribal governments to mitigate the fiscal effects stemming from the public health emergency with respect to COVID–19. It also appropriates $50,000,000 for the costs of the Secretary for administration of the funds. The Secretary shall reserve $4,500,000,000 of the amount to make payments to the territories.
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Cite this document
“42 U.S.C. 802 (U.S. Code, current edition).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/42-u-s-c-802-u-s-code-current-edition-06c653cbd5/
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Page 2473 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 802
(3) Secretary § 3(b), Oct. 6, 1965, 79 Stat. 931; renumbered title XI,
§ 1113, by Pub. L. 91–572, § 6(b), Dec. 24, 1970, 84 Stat. 1506;
The term ‘‘Secretary’’ means the Secretary renumbered title XII, § 1213, by Pub. L. 92–294. § 3(b),
of the Treasury. May 16, 1972, 86 Stat. 137; renumbered title XIII, § 1313,
(4) State by Pub. L. 93–154, § 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and
repealed by Pub. L. 93–222, § 7(b), Dec. 29, 1973, 87 Stat.
The term ‘‘State’’ means the 50 States, the 936.
District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, § 802. Coronavirus State fiscal recovery fund
Guam, the Commonwealth of the Northern (a) Appropriation
Mariana Islands, and American Samoa.
In addition to amounts otherwise available,
(5) Tribal government there is appropriated for fiscal year 2021, out of
The term ‘‘Tribal government’’ means the any money in the Treasury not otherwise appro-
recognized governing body of an Indian Tribe. priated—
(1) $219,800,000,000, to remain available
(Aug. 14, 1935, ch. 531, title VI, § 601, as added through December 31, 2024 (except as provided
Pub. L. 116–136, div. A, title V, § 5001(a), Mar. 27, in subsection (c)(5)), for making payments
2020, 134 Stat. 501; amended Pub. L. 116–260, div. under this section to States, territories, and
N, title X, § 1001, Dec. 27, 2020, 134 Stat. 2145; Pub. Tribal governments to mitigate the fiscal ef-
L. 117–328, div. LL, § 104, Dec. 29, 2022, 136 Stat. fects stemming from the public health emer-
6105.) gency with respect to the Coronavirus Disease
(COVID–19); and
Editorial Notes (2) $50,000,000, to remain available until ex-
REFERENCES IN TEXT pended, for the costs of the Secretary for ad-
ministration of the funds established under
The Inspector General Act of 1978, referred to in sub-
this subchapter.
sec. (f)(4), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101,
which was set out in the Appendix to Title 5, Govern- (b) Authority to make payments
ment Organization and Employees, and was substan- (1) Payments to territories
tially repealed and restated in chapter 4 (§ 401 et seq.) (A) In general
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 The Secretary shall reserve $4,500,000,000 of
into chapter 4 of Title 5, see Disposition Table pre- the amount appropriated under subsection
ceding section 101 of Title 5. (a)(1) to make payments to the territories.
PRIOR PROVISIONS (B) Allocation
A prior section 801, act Aug. 14, 1935, ch. 531, title VI,
Of the amount reserved under subpara-
§ 601, as added Pub. L. 108–27, title IV, § 401(b), May 28, graph (A)—
2003, 117 Stat. 766, related to temporary State fiscal re- (i) 50 percent of such amount shall be al-
lief, prior to repeal by act Aug. 14, 1935, ch. 531, title VI, located by the Secretary equally to each
§ 601(g), as added Pub. L. 108–27, title IV, § 401(b), May 28, territory; and
2003, 117 Stat. 768. (ii) 50 percent of such amount shall be al-
Another prior section 801, act Aug. 14, 1935, ch. 531, located by the Secretary as an additional
title VI, § 601, as added Oct. 30, 1972, Pub. L. 92–603, title amount to each territory in an amount
III, § 302, 86 Stat. 1478, authorized appropriations for en- which bears the same proportion to 1⁄2 of
couraging States to furnish rehabilitation to needy in-
the total amount reserved under subpara-
dividuals 65 years of age or older, and the blind or dis-
abled, prior to repeal by Pub. L. 93–647, §§ 3(b), 7(b), Jan. graph (A) as the population of the terri-
4, 1975, 88 Stat. 2349, 2351. tory bears to the total population of all
Another prior section 801, acts Aug. 14, 1935, ch. 531, such territories.
title VI, § 601, 49 Stat. 634; Aug. 10, 1939, ch. 666, title V, (C) Payment
§ 509, 53 Stat. 1381, which provided appropriations for
the purpose of assisting States and subdivisions in
The Secretary shall pay each territory the
maintaining adequate public health services, was re- total of the amounts allocated for the terri-
pealed by act July 1, 1944, ch. 373, title XIII, § 1313, for- tory under subparagraph (B) in accordance
merly title VI, § 611, 58 Stat. 719. See section 246 of this with paragraph (6).
title. (2) Payments to Tribal governments
AMENDMENTS (A) In general
2022—Subsec. (d)(3). Pub. L. 117–328 inserted ‘‘(or, in The Secretary shall reserve $20,000,000,000
the case of costs incurred by a Tribal government, dur- of the amount appropriated under subsection
ing the period that begins on March 1, 2020, and ends on (a)(1) to make payments to Tribal govern-
December 31, 2022)’’ before period at end. ments.
2020—Subsec. (d)(3). Pub. L. 116–260 substituted ‘‘De- (B) Allocation
cember 31, 2021’’ for ‘‘December 30, 2020’’.
Of the amount reserved under subpara-
Statutory Notes and Related Subsidiaries graph (A)—
(i) $1,000,000,000 shall be allocated by the
RENUMBERING OF REPEALING ACT Secretary equally among each of the Trib-
Act July 1, 1944, ch. 373, title VI, § 611, 58 Stat. 719, al governments; and
which repealed prior sections 801 to 803, was renum- (ii) $19,000,000,000 shall be allocated by
bered title VII, § 711, by act Aug. 13, 1946, ch. 958, § 5, 60 the Secretary to the Tribal governments
Stat. 1049; renumbered § 713 by act Feb. 28, 1948, ch. 83, in a manner determined by the Secretary.
§ 9(b), 62 Stat. 47; renumbered title VIII, § 813, by act
(C) Payment
July 30, 1956, ch. 779, § 3(b), 70 Stat. 721; renumbered
title IX, § 913, by Pub. L. 88–581, § 4(b), Sept. 4, 1964, 78 The Secretary shall pay each Tribal gov-
Stat. 919; renumbered title X, § 1013, by Pub. L. 89–239, ernment the total of the amounts allocated
§ 802 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 2474
for the Tribal government under subpara- to a unit of local government in the State
graph (B) in accordance with paragraph (6). under such section.
(3) Payments to each of the 50 States and the (II) Pro rata adjustment
District of Columbia
The Secretary shall adjust on a pro
(A) In general rata basis the amount of the allocations
The Secretary shall reserve $195,300,000,000 for each of the 50 States and the District
of the amount appropriated under subsection of Columbia determined under subpara-
(a)(1) to make payments to each of the 50 graph (B)(iii) (without regard to this
States and the District of Columbia. clause) to the extent necessary to com-
(B) Allocations ply with the requirement of subclause
(I).
Of the amount reserved under subpara-
graph (A)— (4) Pro rata adjustment authority
(i) $25,500,000,000 of such amount shall be The amounts otherwise determined for allo-
allocated by the Secretary equally among cation and payment under paragraphs (1), (2),
each of the 50 States and the District of and (3) may be adjusted by the Secretary on a
Columbia; pro rata basis to the extent necessary to en-
(ii) an amount equal to $1,250,000,000 less sure that all available funds are allocated to
the amount allocated for the District of States, territories, and Tribal governments in
Columbia pursuant to section 801(c)(6) of accordance with the requirements specified in
this title shall be allocated by the Sec- each such paragraph (as applicable).
retary as an additional amount to the Dis-
(5) Population data
trict of Columbia; and
(iii) an amount equal to the remainder of For purposes of determining allocations for
the amount reserved under subparagraph a territory under this section, the population
(A) after the application of clauses (i) and of the territory shall be determined based on
(ii) of this subparagraph shall be allocated the most recent data available from the Bu-
by the Secretary as an additional amount reau of the Census.
to each of the 50 States and the District of (6) Timing
Columbia in an amount which bears the
same proportion to such remainder as the (A) States and territories
average estimated number of seasonally- (i) In general
adjusted unemployed individuals (as meas- To the extent practicable, subject to
ured by the Bureau of Labor Statistics clause (ii), with respect to each State and
Local Area Unemployment Statistics pro- territory allocated a payment under this
gram) in the State or District of Columbia subsection, the Secretary shall make the
over the 3-month period ending with De- payment required for the State or terri-
cember 2020 bears to the average estimated tory not later than 60 days after the date
number of seasonally-adjusted unemployed on which the certification required under
individuals in all of the 50 States and the subsection (d)(1) is provided to the Sec-
District of Columbia over the same period. retary.
(C) Payment (ii) Authority to split payment
(i) In general
(I) In general
Subject to clause (ii), the Secretary shall
pay each of the 50 States and the District The Secretary shall have the authority
of Columbia, from the amount reserved to withhold payment of up to 50 percent
under subparagraph (A), the total of the of the amount allocated to each State
amounts allocated for the State and Dis- and territory (other than payment of the
trict of Columbia under subparagraph (B) amount allocated under paragraph
in accordance with paragraph (6). (3)(B)(ii) to the District of Columbia) for
a period of up to 12 months from the date
(ii) Minimum payment requirement on which the State or territory provides
(I) In general the certification required under sub-
The sum of— section (d)(1). The Secretary shall exer-
(aa) the total amounts allocated for 1 cise such authority with respect to a
of the 50 States or the District of Co- State or territory based on the unem-
lumbia under subparagraph (B) (as de- ployment rate in the State or territory
termined without regard to this as of such date.
clause); and (II) Payment of withheld amount
(bb) the amounts allocated under
Before paying to a State or territory
section 803 of this title to the State
the remainder of an amount allocated to
(for distribution by the State to non-
the State or territory (subject to sub-
entitlement units of local government
clause (III)) that has been withheld by
in the State) and to metropolitan cit-
the Secretary under subclause (I), the
ies and counties in the State;
Secretary shall require the State or ter-
shall not be less than the amount allo- ritory to submit a second certification
cated to the State or District of Columbia under subsection (d)(1), in addition to
for fiscal year 2020 under section 801 of this such other information as the Secretary
title, including any amount paid directly may require.
Page 2475 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 802
(III) Recovery of amounts subject to (2) Further restriction on use of funds
recoupment (A) In general
If a State or territory is required under A State or territory shall not use the
subsection (e) to repay funds for failing funds provided under this section or trans-
to comply with subsection (c), the Sec- ferred pursuant to section 803(c)(4) of this
retary may reduce the amount otherwise title to either directly or indirectly offset a
payable to the State or territory under reduction in the net tax revenue of such
subclause (II) by the amount that the State or territory resulting from a change in
State or territory would otherwise be re- law, regulation, or administrative interpre-
quired to repay under such subsection tation during the covered period that re-
(e). duces any tax (by providing for a reduction
(B) Tribal governments in a rate, a rebate, a deduction, a credit, or
otherwise) or delays the imposition of any
To the extent practicable, with respect to
tax or tax increase.
each Tribal government for which an
amount is allocated under this subsection, (B) Pension funds
the Secretary shall make the payment re- No State or territory may use funds made
quired for the Tribal government not later available under this section for deposit into
than 60 days after March 11, 2021. any pension fund.
(C) Initial payment to District of Columbia (3) Transfer authority
The Secretary shall pay the amount allo- A State, territory, or Tribal government re-
cated under paragraph (3)(B)(ii) to the Dis- ceiving a payment from funds made available
trict of Columbia not later than 15 days under this section may transfer funds to a pri-
after March 11, 2021. vate nonprofit organization (as that term is
defined in section 11360 of this title), a Tribal
(c) Requirements organization (as that term is defined in sec-
(1) Use of funds tion 5304 of title 25), a public benefit corpora-
Subject to paragraph (2), and except as pro- tion involved in the transportation of pas-
vided in paragraphs (3), (4), and (5), a State, sengers or cargo, or a special-purpose unit of
territory, or Tribal government shall only use State or local government.
the funds provided under a payment made (4) Use of funds to satisfy non-federal matching
under this section, or transferred pursuant to requirements for authorized Bureau of
section 803(c)(4) of this title, to cover costs in- Reclamation water projects
curred by the State, territory, or Tribal gov- Funds provided under this section for an au-
ernment, by December 31, 2024— thorized Bureau of Reclamation project may
(A) to respond to the public health emer- be used for purposes of satisfying any non-Fed-
gency with respect to the Coronavirus Dis- eral matching requirement required for the
ease 2019 (COVID–19) or its negative eco- project.
nomic impacts, including assistance to (5) Authority to use funds for certain infra-
households, small businesses, and nonprofits, structure projects
or aid to impacted industries such as tour-
ism, travel, and hospitality; (A) In general
(B) to respond to workers performing es- Subject to subparagraph (C), notwith-
sential work during the COVID–19 public standing any other provision of law, a State,
health emergency by providing premium pay territory, or Tribal government receiving a
to eligible workers of the State, territory, or payment under this section may use funds
Tribal government that are performing such provided under such payment for projects
essential work, or by providing grants to eli- described in subparagraph (B), including, to
gible employers that have eligible workers the extent consistent with guidance or rules
who perform essential work; issued by the Secretary or the head of a Fed-
(C) for the provision of government serv- eral agency to which the Secretary has dele-
ices up to an amount equal to the greater gated authority pursuant to subparagraph
of— (C)(iv)—
(i) the amount of the reduction in rev- (i) in the case of a project eligible under
enue of such State, territory, or Tribal section 117 of title 23 or section 5309 or 6701
government due to the COVID–19 public of title 49 to satisfy a non-Federal share
health emergency relative to revenues col- requirement applicable to such a project;
lected in the most recent full fiscal year of and
the State, territory, or Tribal government (ii) in the case of a project eligible for
prior to the emergency; or credit assistance under the TIFIA program
(ii) $10,000,000; under chapter 6 of title 23—
(I) to satisfy a non-Federal share re-
(D) to make necessary investments in
quirement applicable to such a project;
water, sewer, or broadband infrastructure; or
and
(E) to provide emergency relief from nat-
(II) to repay a loan provided under
ural disasters or the negative economic im-
such program.
pacts of natural disasters, including tem-
porary emergency housing, food assistance, (B) Projects described
financial assistance for lost wages, or other A project referred to in subparagraph (A)
immediate needs. is any of the following:
§ 802 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 2476
(i) A project eligible under section 117 of GRAM’’ under the heading ‘‘FEDERAL
title 23. HIGHWAY ADMINISTRATION’’ under the
(ii) A project eligible under section 119 of heading ‘‘DEPARTMENT OF TRANSPOR-
title 23. TATION’’ under title VIII of division J of
(iii) A project eligible under section 124 the Infrastructure Investment and Jobs
of title 23, as added by the Infrastructure Act.
Investment and Jobs Act. (C) Limitations; application of requirements
(iv) A project eligible under section 133 (i) Limitation on amounts to be used for in-
of title 23. frastructure projects
(v) An activity to carry out section 134 of
(I) In general
title 23.
(vi) A project eligible under section 148 The total amount that a State, terri-
of title 23. tory, or Tribal government may use from
(vii) A project eligible under section 149 a payment made under this section for
of title 23. uses described in subparagraph (A) shall
(viii) A project eligible under section not exceed the greater of—
151(f) of title 23, as added by the Infra- (aa) $10,000,000; and
structure Investment and Jobs Act. (bb) 30 percent of such payment.
(ix) A project eligible under section 165 (II) Rule of application
of title 23. The spending limitation under sub-
(x) A project eligible under section 167 of clause (I) shall not apply to any use of
title 23. funds permitted under paragraph (1), and
(xi) A project eligible under section 173 any such use of funds shall be dis-
of title 23, as added by the Infrastructure regarded for purposes of applying such
Investment and Jobs Act. spending limitation.
(xii) A project eligible under section 175 (ii) Limitation on operating expenses
of title 23, as added by the Infrastructure
Investment and Jobs Act. Funds provided under a payment made
(xiii) A project eligible under section 176 under this section shall not be used for op-
of title 23, as added by the Infrastructure erating expenses of a project described in
Investment and Jobs Act. clauses (xx) through (xxiv) of subpara-
(xiv) A project eligible under section 202 graph (B).
of title 23. (iii) Application of requirements
(xv) A project eligible under section 203 Except as otherwise determined by the
of title 23. Secretary or the head of a Federal agency
(xvi) A project eligible under section 204 to which the Secretary has delegated au-
of title 23. thority pursuant to clause (iv) or provided
(xvii) A project eligible under the pro- in this section—
gram for national infrastructure invest- (I) the requirements of section 60102 of
ments (commonly known as the ‘‘Rebuild- the Infrastructure Investment and Jobs
ing American Infrastructure with Sustain- Act [47 U.S.C. 1702] shall apply to funds
ability and Equity (RAISE) grant pro- provided under a payment made under
gram’’). this section that are used pursuant to
(xviii) A project eligible for credit assist- subparagraph (A) for a project described
ance under the TIFIA program under chap- in clause (xxvi) of subparagraph (B) that
ter 6 of title 23. relates to broadband infrastructure;
(xix) A project that furthers the comple- (II) the requirements of titles 23, 40,
tion of a designated route of the Appa- and 49, title I of the Housing and Com-
lachian Development Highway System munity Development Act of 1974 (42
under section 14501 of title 40. U.S.C. 5301 et seq.), and the National En-
(xx) A project eligible under section 5307 vironmental Policy Act of 1969 (42 U.S.C.
of title 49. 4321 et. seq) 1 shall apply to funds pro-
(xxi) A project eligible under section 5309 vided under a payment made under this
of title 49. section that are used for projects de-
(xxii) A project eligible under section scribed in subparagraph (B); and
5311 of title 49. (III) a State government receiving a
(xxiii) A project eligible under section payment under this section may use
5337 of title 49. funds provided under such payment for
(xxiv) A project eligible under section projects described in clauses (i) through
5339 of title 49. (xxvii) of subparagraph (B), as applica-
(xxv) A project eligible under section ble, that—
6703 of title 49, as added by the Infrastruc- (aa) demonstrate progress in achiev-
ture Investment and Jobs Act. ing a state of good repair as required
(xxvi) A project eligible under title I of by the State’s asset management plan
the Housing and Community Development under section 119(e) of title 23; and
Act of 1974 (42 U.S.C. 5301 et seq.). (bb) support the achievement of 1 or
(xxvii) A project eligible under the more performance targets of the State
bridge replacement, rehabilitation, preser- established under section 150 of title
vation, protection, and construction pro- 23.
gram under paragraph (1) under the head-
ing ‘‘HIGHWAY INFRASTRUCTURE PRO- 1 So in original.
Page 2477 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 802
(iv) Oversight (2) the amount of funds received by such
The Secretary may delegate oversight State or territory pursuant to a payment
and administration of the requirements made under this section or a transfer made
described in clause (iii) to the appropriate under section 803(c)(4) of this title.
Federal agency. (f) Regulations
(v) Supplement, not supplant The Secretary shall have the authority to
Amounts from a payment made under issue such regulations as may be necessary or
this section that are used by a State, terri- appropriate to carry out this section.
tory, or Tribal government for uses de- (g) Definitions
scribed in subparagraph (A) shall supple- In this section:
ment, and not supplant, other Federal,
(1) Covered period
State, territorial, Tribal, and local govern-
ment funds (as applicable) otherwise avail- The term ‘‘covered period’’ means, with re-
able for such uses. spect to a State, territory, or Tribal govern-
(D) Reports ment, the period that—
(A) begins on March 3, 2021; and
The Secretary, in consultation with the (B) ends on the last day of the fiscal year
Secretary of Transportation, shall provide of such State, territory, or Tribal govern-
periodic reports on the use of funds by ment in which all funds received by the
States, territories, and Tribal governments State, territory, or Tribal government from
under subparagraph (A). a payment made under this section or a
(E) Availability transfer made under section 803(c)(4) of this
Funds provided under a payment made title have been expended or returned to, or
under this section to a State, territory, or recovered by, the Secretary.
Tribal government shall remain available (2) Eligible workers
for obligation for a use described in subpara- The term ‘‘eligible workers’’ means those
graph (A) through December 31, 2024, except workers needed to maintain continuity of op-
that no amount of such funds may be ex- erations of essential critical infrastructure
pended after September 30, 2026. sectors and additional sectors as each Gov-
(d) Certifications and reports ernor of a State or territory, or each Tribal
(1) In general government, may designate as critical to pro-
In order for a State or territory to receive a tect the health and well-being of the residents
payment under this section, or a transfer of of their State, territory, or Tribal govern-
funds under section 803(c)(4) of this title, the ment.
State or territory shall provide the Secretary (3) Premium pay
with a certification, signed by an authorized The term ‘‘premium pay’’ means an amount
officer of such State or territory, that such of up to $13 per hour that is paid to an eligible
State or territory requires the payment or worker, in addition to wages or remuneration
transfer to carry out the activities specified in the eligible worker otherwise receives, for all
subsection (c) of this section and will use any work performed by the eligible worker during
payment under this section, or transfer of the COVID–19 public health emergency. Such
funds under section 803(c)(4) of this title, in amount may not exceed $25,000 with respect to
compliance with subsection (c) of this section. any single eligible worker.
(2) Reporting (4) Secretary
Any State, territory, or Tribal government The term ‘‘Secretary’’ means the Secretary
receiving a payment under this section shall of the Treasury.
provide to the Secretary periodic reports pro-
viding a detailed accounting of— (5) State
(A) the uses of funds by such State, terri- The term ‘‘State’’ means each of the 50
tory, or Tribal government, including, in the States and the District of Columbia.
case of a State or a territory, all modifica- (6) Territory
tions to the State’s or territory’s tax rev-
The term ‘‘territory’’ means the Common-
enue sources during the covered period; and
wealth of Puerto Rico, the United States Vir-
(B) such other information as the Sec-
gin Islands, Guam, the Commonwealth of the
retary may require for the administration of
Northern Mariana Islands, and American
this section.
Samoa.
(e) Recoupment
(7) Tribal Government
Any State, territory, or Tribal government
that has failed to comply with subsection (c) The term ‘‘Tribal Government’’ means the
shall be required to repay to the Secretary an recognized governing body of any Indian or
amount equal to the amount of funds used in Alaska Native tribe, band, nation, pueblo, vil-
violation of such subsection, provided that, in lage, community, component band, or compo-
the case of a violation of subsection (c)(2)(A), nent reservation, individually identified (in-
the amount the State or territory shall be re- cluding parenthetically) in the list published
quired to repay shall be lesser of— most recently as of March 11, 2021, pursuant to
(1) the amount of the applicable reduction to section 5131 of title 25.
net tax revenue attributable to such violation; (Aug. 14, 1935, ch. 531, title VI, § 602, as added
and Pub. L. 117–2, title IX, § 9901(a), Mar. 11, 2021, 135
§ 803 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 2478
Stat. 223; amended Pub. L. 117–58, div. D, title Transportation, shall issue guidance or promulgate a
IX, § 40909(a), Nov. 15, 2021, 135 Stat. 1126; Pub. L. rule to carry out the amendments made by this section
117–328, div. LL, § 102(a)(1), (b), Dec. 29, 2022, 136 [amending this section, section 803 of this title, and
sections 9042 and 9072 of Title 15, Commerce and Trade],
Stat. 6097, 6103.) including updating reporting requirements on the use
of funds under this section.
Editorial Notes ‘‘(2) EFFECTIVE DATE.—The amendments made by this
REFERENCES IN TEXT section shall take effect upon the issuance of guidance
or the promulgation of a rule described in paragraph
The Infrastructure Investment and Jobs Act, referred (1).’’
to in subsec. (c)(5)(B), is Pub. L. 117–58, Nov. 15, 2021, 135
Stat. 429. Paragraph (1) under the heading ‘‘HIGHWAY EFFECTIVE DATE OF 2021 AMENDMENT
INFRASTRUCTURE PROGRAM’’ under the heading Pub. L. 117–58, div. D, title IX, § 40909(c), Nov. 15, 2021,
‘‘FEDERAL HIGHWAY ADMINISTRATION’’ under the 135 Stat. 1126, provided that: ‘‘The amendments made
heading ‘‘DEPARTMENT OF TRANSPORTATION’’ by this section [amending this section and section 803
under title VIII of division J of the Act is in title VIII of this title] shall take effect as if included in the en-
of div. J of Pub. L. 117–58, at 135 Stat. 1420. For com- actment of section 9901 of the American Rescue Plan
plete classification of this Act to the Code, see Short Act of 2021 (Public Law 117–2; 135 Stat. 223).’’
Title of 2021 Amendment note set out under section 101
of Title 23, Highways, and Tables. WAGE RATE REQUIREMENTS
The Housing and Community Development Act of
1974, referred to in subsec. (c)(5)(B)(xxvi), (C)(iii)(II), is For provisions relating to rates of wages to be paid to
Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633. Title I of the laborers and mechanics on projects for construction,
Act is classified principally to chapter 69 (§ 5301 et seq.) alteration, or repair work funded under div. D or an
of this title. For complete classification of this Act to amendment by div. D of Pub. L. 117–58, including au-
the Code, see Short Title note set out under section thority of Secretary of Labor, see section 18851 of this
5301 of this title and Tables. title.
The National Environmental Policy Act of 1969, re-
ferred to in subsec. (c)(5)(C)(iii), is Pub. L. 91–190, Jan. § 803. Coronavirus local fiscal recovery fund
1, 1970, 83 Stat. 852, which is classified generally to (a) Appropriation
chapter 55 (§ 4321 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title In addition to amounts otherwise available,
note set out under section 4321 of this title and Tables. there is appropriated for fiscal year 2021, out of
any money in the Treasury not otherwise appro-
PRIOR PROVISIONS
priated, $130,200,000,000, to remain available
A prior section 802, act Aug. 14, 1935, ch. 531, title VI, through December 31, 2024 (except as provided in
§ 602, as added Oct. 30, 1972, Pub. L. 92–603, title III, § 302, subsection (c)(6)), for making payments under
86 Stat. 1479, which set out the necessary provisions for this section to metropolitan cities, nonentitle-
State plans for services to the aged, blind, or disabled,
was repealed by Pub. L. 93–647, §§ 3(b), 7(b), Jan. 4, 1975,
ment units of local government, and counties to
88 Stat. 2349, 2351. mitigate the fiscal effects stemming from the
Another prior section 802, act Aug. 14, 1935, ch. 531, public health emergency with respect to the
title VI, § 602, 49 Stat. 634, which provided for allot- Coronavirus Disease (COVID–19).
ments to States by Surgeon General, was repealed by (b) Authority to make payments
act July 1, 1944, ch. 373, title XIII, § 1313, formerly title
VI, § 611, 58 Stat. 719. See section 246 of this title. (1) Metropolitan cities
AMENDMENTS (A) In general
2022—Subsec. (a)(1). Pub. L. 117–328, § 102(a)(1)(A), in- Of the amount appropriated under sub-
serted ‘‘(except as provided in subsection (c)(5))’’ after section (a), the Secretary shall reserve
‘‘December 31, 2024’’. $45,570,000,000 to make payments to metro-
Subsec. (c)(1). Pub. L. 117–328, § 102(a)(1)(B)(i)(I), sub- politan cities.
stituted ‘‘paragraphs (3), (4), and (5)’’ for ‘‘paragraph
(3)’’ in introductory provisions.
(B) Allocation and payment
Subsec. (c)(1)(C). Pub. L. 117–328, § 102(a)(1)(B)(i)(II), From the amount reserved under subpara-
amended subpar. (C) generally. Prior to amendment, graph (A), the Secretary shall allocate and,
subpar. (C) read as follows: ‘‘for the provision of gov- in accordance with paragraph (7), pay to
ernment services to the extent of the reduction in rev- each metropolitan city an amount deter-
enue of such State, territory, or Tribal government due
to the COVID–19 public health emergency relative to
mined for the metropolitan city consistent
revenues collected in the most recent full fiscal year of with the formula under section 5306(b) of
the State, territory, or Tribal government prior to the this title, except that, in applying such for-
emergency; or’’. mula, the Secretary shall substitute ‘‘all
Subsec. (c)(1)(E). Pub. L. 117–328, § 102(a)(1)(B)(i)(III), metropolitan cities’’ for ‘‘all metropolitan
(IV), added subpar. (E). areas’’ each place it appears.
Subsec. (c)(3). Pub. L. 117–328, § 102(b), substituted
‘‘section 11360’’ for ‘‘section 11360(17)’’. (2) Nonentitlement units of local government
Subsec. (c)(5). Pub. L. 117–328, § 102(a)(1)(B)(ii), added (A) In general
par. (5).
2021—Subsec. (c)(4). Pub. L. 117–58 added par. (4). Of the amount appropriated under sub-
section (a), the Secretary shall reserve
Statutory Notes and Related Subsidiaries $19,530,000,000 to make payments to States
for distribution by the State to nonentitle-
EFFECTIVE DATE OF 2022 AMENDMENT ment units of local government in the State.
Pub. L. 117–328, div. LL, § 102(c), Dec. 29, 2022, 136 Stat. (B) Allocation and payment
6103, provided that:
‘‘(1) GUIDANCE OR RULE.—Within 60 days of the date of From the amount reserved under subpara-
enactment of this Act [Dec. 29, 2022], the Secretary of graph (A), the Secretary shall allocate and,
the Treasury, in consultation with the Secretary of in accordance with paragraph (7), pay to
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