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42 U.S.C. 803 (U.S. Code, current edition)

Summary

The U.S. Code text of 42 U.S.C. § 803, Coronavirus local fiscal recovery fund, in Title 42—The Public Health and Welfare, with notes. It appropriates for fiscal year 2021 $130,200,000,000, to remain available through December 31, 2024, for payments to metropolitan cities, nonentitlement units of local government, and counties to mitigate the fiscal effects stemming from the public health emergency with respect to COVID–19. Of that amount the Secretary shall reserve $45,570,000,000 to make payments to metropolitan cities. The amendment notes record changes made by Pub. L. 117–328.

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“42 U.S.C. 803 (U.S. Code, current edition).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/42-u-s-c-803-u-s-code-current-edition-db9b7fadda/, SHA-256 5a201bbb50c4eaf7a0582e911dfe6f932e59f6930ba31c8816255ea489ce2a2d.

Full text

§ 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
Page 2479               TITLE 42—THE PUBLIC HEALTH AND WELFARE                                     § 803

   each State an amount which bears the same                  (bb) Further additional extensions
   proportion to such reserved amount as the                    If a State granted an additional ex-
   total population of all areas that are non-                tension of the distribution period
   metropolitan cities in the State bears to the              under item (aa) requires any further
   total population of all areas that are non-                additional extensions of such period,
   metropolitan cities in all such States.                    the request only may be made and
   (C) Distribution to nonentitlement units of                granted subject to the requirements
       local government                                       specified in item (aa).
     (i) In general                                      (iii) Capped amount
        Not later than 30 days after a State re-            The total amount distributed to a non-
     ceives a payment under subparagraph (B),            entitlement unit of local government
     the State shall distribute to each non-             under this paragraph may not exceed the
     entitlement unit of local government in             amount equal to 75 percent of the most re-
     the State an amount that bears the same             cent budget for the nonentitlement unit of
     proportion to the amount of such payment            local government as of January 27, 2020.
     as the population of the nonentitlement             (iv) Return of excess amounts
     unit of local government bears to the total            Any amounts not distributed to a non-
     population of all the nonentitlement units          entitlement unit of local government as a
     of local government in the State, subject           result of the application of clause (iii)
     to clause (iii).                                    shall be returned to the Secretary.
     (ii) Distribution of funds                        (D) Penalty for noncompliance
       (I) Extension for distribution                    If, by the end of the 120-day period that be-
                                                       gins on the date a State receives a payment
         If an authorized officer of a State re-       from the amount allocated under subpara-
       quired to make distributions under              graph (B) or, if later, the last day of the dis-
       clause (i) certifies in writing to the Sec-     tribution period for the State (as extended
       retary before the end of the 30-day dis-        with respect to the State under subpara-
       tribution period described in such clause       graph (C)(ii)), such State has failed to make
       that it would constitute an excessive ad-       all the distributions from such payment in
       ministrative burden for the State to            accordance with the terms of subparagraph
       meet the terms of such clause with re-          (C) (including any extensions of the distribu-
       spect to 1 or more such distributions, the      tion period granted in accordance with such
       authorized officer may request, and the         subparagraph), an amount equal to the
       Secretary shall grant, an extension of          amount of such payment that remains undis-
       such period of not more than 30 days to         tributed as of such date shall be booked as a
       allow the State to make such distribu-          debt of such State owed to the Federal Gov-
       tions in accordance with clause (i).            ernment, shall be paid back from the State’s
       (II) Additional extensions                      allocation       provided      under      section
         (aa) In general                               802(b)(3)(B)(iii) of this title, and shall be de-
                                                       posited into the general fund of the Treas-
            If a State has been granted an exten-      ury.
         sion to the distribution period under       (3) Counties
         subclause (I) but is unable to make all
                                                       (A) Amount
         the distributions required under clause
         (i) before the end of such period as ex-        From the amount appropriated under sub-
         tended, an authorized officer of the          section (a), the Secretary shall reserve and
         State may request an additional exten-        allocate $65,100,000,000 of such amount to
         sion of the distribution period of not        make payments directly to counties in an
         more than 30 days. The Secretary may          amount which bears the same proportion to
         grant a request for an additional ex-         the total amount reserved under this para-
         tension of such period only if—               graph as the population of each such county
              (AA) the authorized officer making       bears to the total population of all such en-
            such request provides a written plan       tities and shall pay such allocated amounts
            to the Secretary specifying, for each      to such counties in accordance with para-
            distribution for which an additional       graph (7).
            extension is requested, when the           (B) Special rules
            State expects to make such distribu-         (i) Urban counties
            tion and the actions the State has
                                                            No county that is an ‘‘urban county’’ (as
            taken and will take in order to make
                                                         defined in section 5302 of this title) shall
            all such distributions before the end
                                                         receive less than the amount the county
            of the distribution period (as ex-
                                                         would otherwise receive if the amount paid
            tended under subclause (I) and this
                                                         under this paragraph were allocated to
            subclause); and
                                                         metropolitan cities and urban counties
              (BB) the Secretary determines that
                                                         under section 5306(b) of this title.
            such plan is reasonably designed to
            distribute all such funds to non-            (ii) Counties that are not units of general
            entitlement units of local govern-                local government
            ment by the end of the distribution             In the case of an amount to be paid to a
            period (as so extended).                     county that is not a unit of general local
§ 803                      TITLE 42—THE PUBLIC HEALTH AND WELFARE                               Page 2480

        government, the amount shall instead be        (c) Requirements
        paid to the State in which such county is        (1) Use of funds
        located, and such State shall distribute
                                                           Subject to paragraph (2), and except as pro-
        such amount to each unit of general local
                                                         vided in paragraphs (3), (4), (5), and (6), a met-
        government within such county in an
                                                         ropolitan city, nonentitlement unit of local
        amount that bears the same proportion to
                                                         government, or county shall only use the
        the amount to be paid to such county as
                                                         funds provided under a payment made under
        the population of such units of general
                                                         this section to cover costs incurred by the
        local government bears to the total popu-
                                                         metropolitan city, nonentitlement unit of
        lation of such county.
                                                         local government, or county, by December 31,
        (iii) District of Columbia                       2024—
          For purposes of this paragraph, the Dis-           (A) to respond to the public health emer-
        trict of Columbia shall be considered to           gency with respect to the Coronavirus Dis-
        consist of a single county that is a unit of       ease 2019 (COVID–19) or its negative eco-
        general local government.                          nomic impacts, including assistance to
                                                           households, small businesses, and nonprofits,
  (4) Consolidated governments
                                                           or aid to impacted industries such as tour-
    A unit of general local government that has            ism, travel, and hospitality;
  formed a consolidated government, or that is               (B) to respond to workers performing es-
  geographically contained (in full or in part)            sential work during the COVID–19 public
  within the boundaries of another unit of gen-            health emergency by providing premium pay
  eral local government may receive a distribu-            to eligible workers of the metropolitan city,
  tion under each of paragraphs (1), (2), and (3),         nonentitlement unit of local government, or
  as applicable, based on the respective formulas          county that are performing such essential
  specified in such paragraphs.                            work, or by providing grants to eligible em-
  (5) Pro rata adjustment authority                        ployers that have eligible workers who per-
                                                           form essential work;
    The amounts otherwise determined for allo-               (C) for the provision of government serv-
  cation and payment under paragraphs (1), (2),            ices up to an amount equal to the greater
  and (3) may be adjusted by the Secretary on a            of—
  pro rata basis to the extent necessary to en-                (i) the amount of the reduction in rev-
  sure that all available funds are distributed to           enue of such metropolitan city, non-
  metropolitan cities, counties, and States in               entitlement unit of local government, or
  accordance with the requirements specified in              county due to the COVID–19 public health
  each paragraph (as applicable) and the certifi-            emergency relative to revenues collected
  cation requirement specified in subsection (d).            in the most recent full fiscal year of the
  (6) Population                                             metropolitan city, nonentitlement unit of
    For purposes of determining allocations                  local government, or county to the emer-
  under this section, the population of an entity            gency; or
  shall be determined based on the most recent                 (ii) $10,000,000;
  data are available from the Bureau of the Cen-             (D) to make necessary investments in
  sus or, if not available, from such other data           water, sewer, or broadband infrastructure; or
  as a State determines appropriate.                         (E) to provide emergency relief from nat-
  (7) Timing                                               ural disasters or the negative economic im-
                                                           pacts of natural disasters, including tem-
    (A) First tranche amount                               porary emergency housing, food assistance,
      To the extent practicable, with respect to           financial assistance for lost wages, or other
    each metropolitan city for which an amount             immediate needs.
    is allocated under paragraph (1), each State         (2) Pension funds
    for which an amount is allocated under para-
    graph (2) for distribution to nonentitlement           No metropolitan city, nonentitlement unit
    units of local government, and each county           of local government, or county may use funds
    for which an amount is allocated under para-         made available under this section for deposit
    graph (3), the Secretary shall pay from such         into any pension fund.
    allocation the First Tranche Amount for              (3) Transfer authority
    such city, State, or county not later than 60          A metropolitan city, nonentitlement unit of
    days after March 11, 2021.                           local government, or county receiving a pay-
    (B) Second tranche amount                            ment from funds made available under this
                                                         section may transfer funds to a private non-
      The Secretary shall pay to each metropoli-
                                                         profit organization (as that term is defined in
    tan city for which an amount is allocated
                                                         section 11360 of this title, a public benefit cor-
    under paragraph (1), each State for which an
                                                         poration involved in the transportation of pas-
    amount is allocated under paragraph (2) for
                                                         sengers or cargo, or a special-purpose unit of
    distribution to nonentitlement units of local
                                                         State or local government.
    government, and each county for which an
    amount is allocated under paragraph (3), the         (4) Transfers to States
    Second Tranche Amount for such city,                   Notwithstanding paragraph (1), a metropoli-
    State, or county not earlier than 12 months          tan city, nonentitlement unit of local govern-
    after the date on which the First Tranche            ment, or county receiving a payment from
    Amount is paid to the city, State, or county.        funds made available under this section may
Page 2481               TITLE 42—THE PUBLIC HEALTH AND WELFARE                                       § 803

 transfer such funds to the State in which such              to which the Secretary has delegated au-
 entity is located.                                          thority pursuant to clause (iv) or provided
 (5) Use of funds to satisfy non-Federal match-              in this section—
     ing, maintenance of effort, or other ex-                     (I) the requirements of section 1702 of
     penditure requirement                                     title 47 shall apply to funds provided
                                                               under a payment made under this sec-
   Funds provided under this section for an au-                tion that are used pursuant to subpara-
 thorized Bureau of Reclamation project may                    graph (A) for a project described in
 be used for purposes of satisfying any non-Fed-               clause (xxvi) of section 802(c)(5)(B) of
 eral matching requirement required for the                    this title that relates to broadband infra-
 project.                                                      structure; and
 (6) Authority to use funds for certain infra-                    (II) the requirements of titles 23, 40,
     structure projects                                        and 49, title I of the Housing and Com-
   (A) In general                                              munity Development Act of 1974 (42
                                                               U.S.C. 5301 et seq.), and the National En-
     Subject to subparagraph (B), notwith-                     vironmental Policy Act of 1969 (42 U.S.C.
   standing any other provision of law, a met-                 4321 et. seq) 1 shall apply to funds pro-
   ropolitan city, nonentitlement unit of local                vided under a payment made under this
   government, or county receiving a payment                   section that are used for projects de-
   under this section may use funds provided                   scribed in section 802(c)(5)(B) of this
   under such payment for projects described in                title.
   subparagraph (B) of section 802(c)(5) of this
                                                             (iv) Oversight
   title, including, to the extent consistent
   with guidance or rules issued by the Sec-                   The Secretary may delegate oversight
   retary or the head of a Federal agency to                 and administration of the requirements
   which the Secretary has delegated authority               described in clause (iii) to the appropriate
   pursuant to subparagraph (B)(iv)—                         Federal agency.
        (i) in the case of a project eligible under          (v) Supplement, not supplant
     section 117 of title 23 or section 5309 or 6701           Amounts from a payment made under
     of title 49 to satisfy a non-Federal share              this section that are used by a metropoli-
     requirement applicable to such a project;               tan city, nonentitlement unit of local gov-
     and                                                     ernment, or county for uses described in
        (ii) in the case of a project eligible for           subparagraph (A) shall supplement, and
     credit assistance under the TIFIA program               not supplant, other Federal, State, terri-
     under chapter 6 of title 23—                            torial, Tribal, and local government funds
           (I) to satisfy a non-Federal share re-            (as applicable) otherwise available for such
        quirement applicable to such a project;              uses.
        and                                                (C) Reports
           (II) to repay a loan provided under
        such program.                                        The Secretary, in consultation with the
                                                           Secretary of Transportation, shall provide
   (B) Limitations; application of requirements            periodic reports on the use of funds by met-
     (i) Limitation on amounts to be used for in-          ropolitan cities, nonentitlement units of
           frastructure projects                           local government, or counties under sub-
        (I) In general                                     paragraph (A).
           The total amount that a metropolitan            (D) Availability
        city, nonentitlement unit of local gov-              Funds provided under a payment made
        ernment, or county may use from a pay-             under this section to a metropolitan city,
        ment made under this section for uses              nonentitlement unit of local government, or
        described in subparagraph (A) shall not            county shall remain available for obligation
        exceed the greater of—                             for a use described in subparagraph (A)
             (aa) $10,000,000; and                         through December 31, 2024, except that no
             (bb) 30 percent of such payment.              amount of such funds may be expended after
        (II) Rule of application                           September 30, 2026.
                                                       (d) Reporting
           The spending limitation under sub-
        clause (I) shall not apply to any use of         Any metropolitan city, nonentitlement unit of
        funds permitted under paragraph (1), and       local government, or county receiving funds pro-
        any such use of funds shall be dis-            vided under a payment made under this section
        regarded for purposes of applying such         shall provide to the Secretary periodic reports
        spending limitation.                           providing a detailed accounting of the uses of
                                                       such funds by such metropolitan city, non-
     (ii) Limitation on operating expenses             entitlement unit of local government, or county
        Funds provided under a payment made            and including such other information as the
     under this section shall not be used for op-      Secretary may require for the administration of
     erating expenses of a project described in        this section.
     clauses (xx) through (xxiv) of section            (e) Recoupment
     802(c)(5)(B) of this title.
                                                         Any metropolitan city, nonentitlement unit of
     (iii) Application of requirements                 local government, or county that has failed to
        Except as otherwise determined by the
     Secretary or the head of a Federal agency          1 So in original.
§ 803                    TITLE 42—THE PUBLIC HEALTH AND WELFARE                                            Page 2482

comply with subsection (c) shall be required to           (9) State
repay to the Secretary an amount equal to the               The term ‘‘State’’ means each of the 50
amount of funds used in violation of such sub-            States, the District of Columbia, the Common-
section.                                                  wealth of Puerto Rico, the United States Vir-
(f) Regulations                                           gin Islands, Guam, the Commonwealth of the
   The Secretary shall have the authority to              Northern Mariana Islands, and American
issue such regulations as may be necessary or             Samoa.
appropriate to carry out this section.                    (10) Unit of general local government
(g) Definitions                                             The term ‘‘unit of general local govern-
   In this section:                                       ment’’ has the meaning given that term in
   (1) County                                             section 5302(a)(1) of this title.
     The term ‘‘county’’ means a county, parish,        (Aug. 14, 1935, ch. 531, title VI, § 603, as added
   or other equivalent county division (as defined      Pub. L. 117–2, title IX, § 9901(a), Mar. 11, 2021, 135
   by the Bureau of the Census).                        Stat. 228; amended Pub. L. 117–58, div. D, title
   (2) Eligible workers                                 IX, § 40909(b), Nov. 15, 2021, 135 Stat. 1126; Pub. L.
     The term ‘‘eligible workers’’ means those          117–328, div. LL, § 102(a)(2), (b), Dec. 29, 2022, 136
   workers needed to maintain continuity of op-         Stat. 6101, 6103.)
   erations of essential critical infrastructure
                                                                               Editorial Notes
   sectors and additional sectors as each chief ex-
   ecutive officer of a metropolitan city, non-                            REFERENCES IN TEXT
   entitlement unit of local government, or coun-         The Housing and Community Development Act of
   ty may designate as critical to protect the          1974, referred to in subsec. (c)(6)(B)(iii)(II), is Pub. L.
   health and well-being of the residents of their      93–383, Aug. 22, 1974, 88 Stat. 633. Title I of the Act is
   metropolitan city, nonentitlement unit of            classified principally to chapter 69 (§ 5301 et seq.) of this
   local government, or county.                         title. For complete classification of this Act to the
                                                        Code, see Short Title note set out under section 5301 of
   (3) First tranche amount
                                                        this title and Tables.
     The term ‘‘First Tranche Amount’’ means,             The National Environmental Policy Act of 1969, re-
   with respect to each metropolitan city for           ferred to in subsec. (c)(6)(B)(iii)(II), is Pub. L. 91–190,
   which an amount is allocated under subsection        Jan. 1, 1970, 83 Stat. 852, which is classified generally to
   (b)(1), each State for which an amount is allo-      chapter 55 (§ 4321 et seq.) of this title. For complete
   cated under subsection (b)(2) for distribution       classification of this Act to the Code, see Short Title
                                                        note set out under section 4321 of this title and Tables.
   to nonentitlement units of local government,
   and each county for which an amount is allo-                              PRIOR PROVISIONS
   cated under subsection (b)(3), 50 percent of the        A prior section 803, act Aug. 14, 1935, ch. 531, title VI,
   amount so allocated to such metropolitan             § 603, as added Oct. 30, 1972, Pub. L. 92–603, title III, § 302,
   city, State, or county (as applicable).              86 Stat. 1481, which provided for payments to States
   (4) Metropolitan city                                under approved plans for services to the aged, blind, or
                                                        disabled, was repealed by Pub. L. 93–647, §§ 3(b), 7(b),
     The term ‘‘metropolitan city’’ has the mean-       Jan. 4, 1975, 88 Stat. 2349, 2351, effective with respect to
   ing given that term in section 5302(a)(4) of this    payments under section 803 for quarters commencing
   title and includes cities that relinquish or         after Sept. 30, 1975.
   defer their status as a metropolitan city for           Another prior section 803, act Aug. 14, 1935, ch. 531,
   purposes of receiving allocations under section      title VI, § 603, 49 Stat. 635, which provided for allot-
   5306 of this title for fiscal year 2021.             ments to States by appropriations for investigation of
                                                        diseases by Public Health Service, was repealed by act
   (5) Nonentitlement unit of local government          July 1, 1944, ch. 373, title XIII, § 1313, formerly title VI,
     The term ‘‘nonentitlement unit of local gov-       § 611, 58 Stat. 719. See section 246 of this title.
   ernment’’ means a ‘‘city’’, as that term is de-
                                                                                AMENDMENTS
   fined in section 5302(a)(5) of this title, that is
   not a metropolitan city.                                2022—Subsec. (a). Pub. L. 117–328, § 102(a)(2)(A), in-
                                                        serted ‘‘(except as provided in subsection (c)(6))’’ after
   (6) Premium pay                                      ‘‘December 31, 2024’’.
     The term ‘‘premium pay’’ has the meaning              Subsec. (c)(1). Pub. L. 117–328, § 102(a)(2)(B)(i)(I), sub-
   given such term in section 802(g) of this title.     stituted ‘‘paragraphs (3), (4), (5), and (6)’’ for ‘‘para-
   (7) Second tranche amount                            graphs (3) and (4)’’ in introductory provisions.
                                                           Subsec. (c)(1)(C). Pub. L. 117–328, § 102(a)(2)(B)(i)(II),
     The term ‘‘Second Tranche Amount’’ means,          amended subpar. (C) generally. Prior to amendment,
   with respect to each metropolitan city for           subpar. (C) read as follows: ‘‘for the provision of gov-
   which an amount is allocated under subsection        ernment services to the extent of the reduction in rev-
   (b)(1), each State for which an amount is allo-      enue of such metropolitan city, nonentitlement unit of
   cated under subsection (b)(2) for distribution       local government, or county due to the COVID–19 pub-
                                                        lic health emergency relative to revenues collected in
   to nonentitlement units of local government,
                                                        the most recent full fiscal year of the metropolitan
   and each county for which an amount is allo-         city, nonentitlement unit of local government, or coun-
   cated under subsection (b)(3), an amount not         ty prior to the emergency; or’’.
   to exceed 50 percent of the amount so allo-             Subsec. (c)(1)(E). Pub. L. 117–328, § 102(a)(2)(B)(i)(III),
   cated to such metropolitan city, State, or           (IV), added subpar. (E).
   county (as applicable).                                 Subsec. (c)(3). Pub. L. 117–328, § 102(b), substituted
   (8) Secretary                                        ‘‘section 11360’’ for ‘‘section 11360(17)’’.
                                                           Subsec. (c)(6). Pub. L. 117–328, § 102(a)(2)(B)(ii), added
     The term ‘‘Secretary’’ means the Secretary         par. (6).
   of the Treasury.                                        2021—Subsec. (c)(5). Pub. L. 117–58 added par. (5).
Page 2483                  TITLE 42—THE PUBLIC HEALTH AND WELFARE                                                     § 805

      Statutory Notes and Related Subsidiaries                  shall make payments to States based on
         EFFECTIVE DATE OF 2022 AMENDMENT
                                                                population such that—
                                                                    (i) 50 percent of such amount shall be al-
  Amendment by Pub. L. 117–328 effective upon                     located among the States based on the pro-
issuance of guidance or the promulgation of a rule by             portion that the population of each State
the Secretary of the Treasury, in consultation with the
Secretary of Transportation, see section 102(c) of Pub.
                                                                  bears to the population of all States;
L. 117–328, set out as a note under section 802 of this             (ii) 25 percent of such amount shall be al-
title.                                                            located among the States based on the pro-
                                                                  portion that the number of individuals liv-
         EFFECTIVE DATE OF 2021 AMENDMENT                         ing in rural areas in each State bears to
  Amendment by Pub. L. 117–58 effective as if included            the number of individuals living in rural
in the enactment of section 9901 of the American Res-             areas in all States; and
cue Plan Act of 2021 (Public Law 117–2; 135 Stat. 223),             (iii) 25 percent of such amount shall be
see section 40909(c) of Pub. L. 117–58, set out as a note         allocated among the States based on the
under section 802 of this title.                                  proportion that the number of individuals
              WAGE RATE REQUIREMENTS                              with a household income that is below 150
                                                                  percent of the poverty line applicable to a
  For provisions relating to rates of wages to be paid to
laborers and mechanics on projects for construction,
                                                                  family of the size involved in each State
alteration, or repair work funded under div. D or an              bears to the number of such individuals in
amendment by div. D of Pub. L. 117–58, including au-              all States.
thority of Secretary of Labor, see section 18851 of this        (B) Data
title.
                                                                  In determining the allocations to be made
§ 804. Coronavirus capital projects fund                        to each State under subparagraph (A), the
                                                                Secretary of the Treasury shall use the most
(a) Appropriation                                               recent data available from the Bureau of the
  In addition to amounts otherwise available,                   Census.
there is appropriated for fiscal year 2021, out of          (c) Timing
any money in the Treasury not otherwise appro-
priated, $10,000,000,000, to remain available until           The Secretary shall establish a process of ap-
expended, for making payments to States, terri-             plying for grants to access funding made avail-
tories, and Tribal governments to carry out crit-           able under section (b) not later than 60 days
ical capital projects directly enabling work,               after March 11, 2021.
education, and health monitoring, including re-             (d) Definitions
mote options, in response to the public health                In this section:
emergency with respect to the Coronavirus Dis-                (1) Secretary
ease (COVID–19).
                                                                The term ‘‘Secretary’’ means the Secretary
(b) Payments                                                  of the Treasury.
  (1) Minimum amounts                                         (2) State
    From the amount appropriated under sub-                     The term ‘‘State’’ means each of the 50
  section (a)—                                                States, the District of Columbia, and Puerto
      (A) the Secretary shall pay $100,000,000 to             Rico.
    each State;
      (B) the Secretary shall pay $100,000,000 of             (3) Tribal government
    such amount in equal shares to the United                   The term ‘‘Tribal government’’ has the
    States Virgin Islands, Guam, American                     meaning given such term in section 802(g) of
    Samoa, the Commonwealth of the Northern                   this title.
    Mariana Islands, the Republic of the Mar-               (Aug. 14, 1935, ch. 531, title VI, § 604, as added
    shall Islands, the Federated States of Micro-           Pub. L. 117–2, title IX, § 9901(a), Mar. 11, 2021, 135
    nesia, and the Republic of Palau; and                   Stat. 233.)
      (C) the Secretary shall pay $100,000,000 of
    such amount in equal shares to Tribal gov-                                     Editorial Notes
    ernments and the State of Hawaii (in addi-
    tion to the amount paid to the State of Ha-                                  PRIOR PROVISIONS
    waii under subparagraph (A)), of which—                    A prior section 804, act Aug. 14, 1935, ch. 531, title VI,
        (i) not less than $50,000 shall be paid to          § 604, as added Oct. 30, 1972, Pub. L. 92–603, title III, § 302,
      each Tribal government; and                           86 Stat. 1484, which provided for notification to States
        (ii) not less than $50,000, and not more            and termination of payments in case of noncompliance
                                                            with laws or State plan, was repealed by Pub. L. 93–647,
      than $200,000, shall be paid to the State of
                                                            §§ 3(b), 7(b), Jan. 4, 1975, 88 Stat. 2349, 2351.
      Hawaii for the exclusive use of the Depart-
      ment of Hawaiian Home Lands and the Na-               § 805. Local assistance and Tribal consistency
      tive Hawaiian Education Programs to as-                   fund
      sist Native Hawaiians in accordance with
      this section.                                         (a) Appropriation
  (2) Remaining amounts                                       In addition to amounts otherwise available,
                                                            there is appropriated for fiscal year 2021, out of
    (A) In general                                          any money in the Treasury not otherwise appro-
      From the amount of the appropriation                  priated, $2,000,000,000 to remain available until
    under subsection (a) that remains after the             September 30, 2023, with amounts to be obli-
    application of paragraph (1), the Secretary             gated, subject to subsection (g), for each of fis-


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