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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Cite this document
“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/
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§ 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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