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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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“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/, SHA-256 d9c1679953c73f7ed328836bad15b746cb0e87eab8f23cfa4d0a1db9b1f638a3.

Full text

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                                                                  repealed by Pub.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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