42 U.S.C. § 803 | Coronavirus local fiscal recovery fund

(a)

Appropriation

December 31, 2024In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $130,200,000,000, to remain available through (except as provided in subsection (c)(6)), for making payments under this section to metropolitan cities, nonentitlement units of local government, and counties to mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID–19).

(b)

Authority to make payments

(1)

Metropolitan cities

(A)

In general

Of the amount appropriated under subsection (a), the Secretary shall reserve $45,570,000,000 to make payments to metropolitan cities.

(B)

Allocation and payment

section 5306(b) of this titleFrom the amount reserved under subparagraph (A), the Secretary shall allocate and, in accordance with paragraph (7), pay to each metropolitan city an amount determined for the metropolitan city consistent with the formula under , except that, in applying such formula, the Secretary shall substitute “all metropolitan cities” for “all metropolitan areas” each place it appears.

(2)

Nonentitlement units of local government

(A)

In general

Of the amount appropriated under subsection (a), the Secretary shall reserve $19,530,000,000 to make payments to States for distribution by the State to nonentitlement units of local government in the State.

(B)

Allocation and payment

From the amount reserved under subparagraph (A), the Secretary shall allocate and, in accordance with paragraph (7), pay to each State an amount which bears the same proportion to such reserved amount as the total population of all areas that are non-metropolitan cities in the State bears to the total population of all areas that are non-metropolitan cities in all such States.

(C)

Distribution to nonentitlement units of local government

(i)

In general

Not later than 30 days after a State receives a payment under subparagraph (B), the State shall distribute to each nonentitlement unit of local government in the State an amount that bears the same proportion to the amount of such payment as the population of the nonentitlement unit of local government bears to the total population of all the nonentitlement units of local government in the State, subject to clause (iii).

(ii)

Distribution of funds

(I)

Extension for distribution

If an authorized officer of a State required to make distributions under clause (i) certifies in writing to the Secretary before the end of the 30-day distribution period described in such clause that it would constitute an excessive administrative burden for the State to meet the terms of such clause with respect to 1 or more such distributions, the authorized officer may request, and the Secretary shall grant, an extension of such period of not more than 30 days to allow the State to make such distributions in accordance with clause (i).

(II)

Additional extensions

(aa)

In general

If a State has been granted an extension to the distribution period under subclause (I) but is unable to make all the distributions required under clause (i) before the end of such period as extended, an authorized officer of the State may request an additional extension of the distribution period of not more than 30 days. The Secretary may grant a request for an additional extension of such period only if—

(AA)

the authorized officer making such request provides a written plan to the Secretary specifying, for each distribution for which an additional extension is requested, when the State expects to make such distribution and the actions the State has taken and will take in order to make all such distributions before the end of the distribution period (as extended under subclause (I) and this subclause); and

(BB)

the Secretary determines that such plan is reasonably designed to distribute all such funds to nonentitlement units of local government by the end of the distribution period (as so extended).

(bb)

Further additional extensions

If a State granted an additional extension of the distribution period under item (aa) requires any further additional extensions of such period, the request only may be made and granted subject to the requirements specified in item (aa).

(iii)

Capped amount

January 27, 2020The total amount distributed to a nonentitlement unit of local government under this paragraph may not exceed the amount equal to 75 percent of the most recent budget for the nonentitlement unit of local government as of .

(iv)

Return of excess amounts

Any amounts not distributed to a nonentitlement unit of local government as a result of the application of clause (iii) shall be returned to the Secretary.

(D)

Penalty for noncompliance

section 802(b)(3)(B)(iii) of this titleIf, by the end of the 120-day period that begins on the date a State receives a payment from the amount allocated under subparagraph (B) or, if later, the last day of the distribution period for the State (as extended with respect to the State under subparagraph (C)(ii)), such State has failed to make all the distributions from such payment in accordance with the terms of subparagraph (C) (including any extensions of the distribution period granted in accordance with such subparagraph), an amount equal to the amount of such payment that remains undistributed as of such date shall be booked as a debt of such State owed to the Federal Government, shall be paid back from the State’s allocation provided under , and shall be deposited into the general fund of the Treasury.

(3)

Counties

(A)

Amount

From the amount appropriated under subsection (a), the Secretary shall reserve and allocate $65,100,000,000 of such amount to make payments directly to counties in an amount which bears the same proportion to the total amount reserved under this paragraph as the population of each such county bears to the total population of all such entities and shall pay such allocated amounts to such counties in accordance with paragraph (7).

(B)

Special rules

(i)

Urban counties

section 5302 of this title section 5306(b) of this titleNo county that is an “urban county” (as defined in ) shall receive less than the amount the county would otherwise receive if the amount paid under this paragraph were allocated to metropolitan cities and urban counties under .

(ii)

Counties that are not units of general local government

In the case of an amount to be paid to a county that is not a unit of general local government, the amount shall instead be paid to the State in which such county is located, and such State shall distribute such amount to each unit of general local government within such county in an amount that bears the same proportion to the amount to be paid to such county as the population of such units of general local government bears to the total population of such county.

(iii)

District of Columbia

For purposes of this paragraph, the District of Columbia shall be considered to consist of a single county that is a unit of general local government.

(4)

Consolidated governments

A unit of general local government that has formed a consolidated government, or that is geographically contained (in full or in part) within the boundaries of another unit of general local government may receive a distribution under each of paragraphs (1), (2), and (3), as applicable, based on the respective formulas specified in such paragraphs.

(5)

Pro rata adjustment authority

The amounts otherwise determined for allocation and payment under paragraphs (1), (2), and (3) may be adjusted by the Secretary on a pro rata basis to the extent necessary to ensure that all available funds are distributed to metropolitan cities, counties, and States in accordance with the requirements specified in each paragraph (as applicable) and the certification requirement specified in subsection (d).

(6)

Population

For purposes of determining allocations under this section, the population of an entity shall be determined based on the most recent data are available from the Bureau of the Census or, if not available, from such other data as a State determines appropriate.

(7)

Timing

(A)

First tranche amount

March 11, 2021To the extent practicable, with respect to each metropolitan city for which an amount is allocated under paragraph (1), each State for which an amount is allocated under paragraph (2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under paragraph (3), the Secretary shall pay from such allocation the First Tranche Amount for such city, State, or county not later than 60 days after .

(B)

Second tranche amount

The Secretary shall pay to each metropolitan city for which an amount is allocated under paragraph (1), each State for which an amount is allocated under paragraph (2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under paragraph (3), the Second Tranche Amount for such city, State, or county not earlier than 12 months after the date on which the First Tranche Amount is paid to the city, State, or county.

(c)

Requirements

(1)

Use of funds

December 31, 2024Subject to paragraph (2), and except as provided in paragraphs (3), (4), (5), and (6), a metropolitan city, nonentitlement unit of local government, or county shall only use the funds provided under a payment made under this section to cover costs incurred by the metropolitan city, nonentitlement unit of local government, or county, by —

(A)

to respond to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or its negative economic impacts, including assistance to households, small businesses, and nonprofits, or aid to impacted industries such as tourism, travel, and hospitality;

(B)

to respond to workers performing essential work during the COVID–19 public health emergency by providing premium pay to eligible workers of the metropolitan city, nonentitlement unit of local government, or county that are performing such essential work, or by providing grants to eligible employers that have eligible workers who perform essential work;

(C)

for the provision of government services up to an amount equal to the greater of—

(i)

the amount of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county to the emergency; or

(ii)

$10,000,000;

(D)

to make necessary investments in water, sewer, or broadband infrastructure; or

(E)

to provide emergency relief from natural disasters or the negative economic impacts of natural disasters, including temporary emergency housing, food assistance, financial assistance for lost wages, or other immediate needs.

(2)

Pension funds

No metropolitan city, nonentitlement unit of local government, or county may use funds made available under this section for deposit into any pension fund.

(3)

Transfer authority

section 11360 of this titleA metropolitan city, nonentitlement unit of local government, or county receiving a payment from funds made available under this section may transfer funds to a private nonprofit organization (as that term is defined in , a public benefit corporation involved in the transportation of passengers or cargo, or a special-purpose unit of State or local government.

(4)

Transfers to States

Notwithstanding paragraph (1), a metropolitan city, nonentitlement unit of local government, or county receiving a payment from funds made available under this section may transfer such funds to the State in which such entity is located.

(5)

Use of funds to satisfy non-Federal matching, maintenance of effort, or other expenditure requirement

Funds provided under this section for an authorized Bureau of Reclamation project may be used for purposes of satisfying any non-Federal matching requirement required for the project.

(6)

Authority to use funds for certain infrastructure projects

(A)

In general

section 802(c)(5) of this titleSubject to subparagraph (B), notwithstanding any other provision of law, a metropolitan city, nonentitlement unit of local government, or county receiving a payment under this section may use funds provided under such payment for projects described in subparagraph (B) of , including, to the extent consistent with guidance or rules issued by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to subparagraph (B)(iv)—

(i)

section 117 of title 23 in the case of a project eligible under or section 5309 or 6701 of title 49 to satisfy a non-Federal share requirement applicable to such a project; and

(ii)

in the case of a project eligible for credit assistance under the TIFIA program under chapter 6 of title 23—

(I)

to satisfy a non-Federal share requirement applicable to such a project; and

(II)

to repay a loan provided under such program.

(B)

Limitations; application of requirements

(i)

Limitation on amounts to be used for infrastructure projects

(I)

In general

The total amount that a metropolitan city, nonentitlement unit of local government, or county may use from a payment made under this section for uses described in subparagraph (A) shall not exceed the greater of—

(aa)

$10,000,000; and

(bb)

30 percent of such payment.

(II)

Rule of application

The spending limitation under subclause (I) shall not apply to any use of funds permitted under paragraph (1), and any such use of funds shall be disregarded for purposes of applying such spending limitation.

(ii)

Limitation on operating expenses

section 802(c)(5)(B) of this titleFunds provided under a payment made under this section shall not be used for operating expenses of a project described in clauses (xx) through (xxiv) of .

(iii)

Application of requirements

Except as otherwise determined by the Secretary or the head of a Federal agency to which the Secretary has delegated authority pursuant to clause (iv) or provided in this section—

(I)

section 1702 of title 47 section 802(c)(5)(B) of this title the requirements of shall apply to funds provided under a payment made under this section that are used pursuant to subparagraph (A) for a project described in clause (xxvi) of that relates to broadband infrastructure; and

(II)

42 U.S.C. 5301 42 U.S.C. 43211

1 So in original.

section 802(c)(5)(B) of this title the requirements of titles 23, 40, and 49, title I of the Housing and Community Development Act of 1974 ( et seq.), and the National Environmental Policy Act of 1969 ( et. seq)  shall apply to funds provided under a payment made under this section that are used for projects described in .

(iv)

Oversight

The Secretary may delegate oversight and administration of the requirements described in clause (iii) to the appropriate Federal agency.

(v)

Supplement, not supplant

Amounts from a payment made under this section that are used by a metropolitan city, nonentitlement unit of local government, or county for uses described in subparagraph (A) shall supplement, and not supplant, other Federal, State, territorial, Tribal, and local government funds (as applicable) otherwise available for such uses.

(C)

Reports

The Secretary, in consultation with the Secretary of Transportation, shall provide periodic reports on the use of funds by metropolitan cities, nonentitlement units of local government, or counties under subparagraph (A).

(D)

Availability

December 31, 2024September 30, 2026Funds provided under a payment made under this section to a metropolitan city, nonentitlement unit of local government, or county shall remain available for obligation for a use described in subparagraph (A) through , except that no amount of such funds may be expended after .

(d)

Reporting

Any metropolitan city, nonentitlement unit of local government, or county receiving funds provided under a payment made under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of such funds by such metropolitan city, nonentitlement unit of local government, or county and including such other information as the Secretary may require for the administration of this section.

(e)

Recoupment

Any metropolitan city, nonentitlement unit of local government, or county that has failed to comply with subsection (c) shall be required to repay to the Secretary an amount equal to the amount of funds used in violation of such subsection.

(f)

Regulations

The Secretary shall have the authority to issue such regulations as may be necessary or appropriate to carry out this section.

(g)

Definitions

In this section:

(1)

County

The term “county” means a county, parish, or other equivalent county division (as defined by the Bureau of the Census).

(2)

Eligible workers

The term “eligible workers” means those workers needed to maintain continuity of operations of essential critical infrastructure sectors and additional sectors as each chief executive officer of a metropolitan city, nonentitlement unit of local government, or county may designate as critical to protect the health and well-being of the residents of their metropolitan city, nonentitlement unit of local government, or county.

(3)

First tranche amount

The term “First Tranche Amount” means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under subsection (b)(3), 50 percent of the amount so allocated to such metropolitan city, State, or county (as applicable).

(4)

Metropolitan city

section 5302(a)(4) of this title section 5306 of this titleThe term “metropolitan city” has the meaning given that term in and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under for fiscal year 2021.

(5)

Nonentitlement unit of local government

section 5302(a)(5) of this titleThe term “nonentitlement unit of local government” means a “city”, as that term is defined in , that is not a metropolitan city.

(6)

Premium pay

section 802(g) of this titleThe term “premium pay” has the meaning given such term in .

(7)

Second tranche amount

The term “Second Tranche Amount” means, with respect to each metropolitan city for which an amount is allocated under subsection (b)(1), each State for which an amount is allocated under subsection (b)(2) for distribution to nonentitlement units of local government, and each county for which an amount is allocated under subsection (b)(3), an amount not to exceed 50 percent of the amount so allocated to such metropolitan city, State, or county (as applicable).

(8)

Secretary

The term “Secretary” means the Secretary of the Treasury.

(9)

State

The term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

(10)

Unit of general local government

section 5302(a)(1) of this titleThe term “unit of general local government” has the meaning given that term in .

Aug. 14, 1935, ch. 531 Pub. L. 117–2, title IX, § 9901(a)Mar. 11, 2021135 Stat. 228 Pub. L. 117–58, div. D, title IX, § 40909(b)Nov. 15, 2021135 Stat. 1126 Pub. L. 117–328, div. LL, § 102(a)(2)Dec. 29, 2022136 Stat. 6101 (, title VI, § 603, as added , , ; amended , , ; , (b), , , 6103.)

Editorial Notes

References in Text

Pub. L. 93–383Aug. 22, 197488 Stat. 633 section 5301 of this titleThe Housing and Community Development Act of 1974, referred to in subsec. (c)(6)(B)(iii)(II), is , , . Title I of the Act is classified principally to chapter 69 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Pub. L. 91–190Jan. 1, 197083 Stat. 852 section 4321 of this titleThe National Environmental Policy Act of 1969, referred to in subsec. (c)(6)(B)(iii)(II), is , , , which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Prior Provisions

act Aug. 14, 1935, ch. 531, title VI, § 603 Oct. 30, 1972Pub. L. 92–603, title III, § 30286 Stat. 1481 Pub. L. 93–647Jan. 4, 197588 Stat. 2349 Sept. 30, 1975A prior section 803, , as added , , , which provided for payments to States under approved plans for services to the aged, blind, or disabled, was repealed by , §§ 3(b), 7(b), , , 2351, effective with respect to payments under section 803 for quarters commencing after .

act Aug. 14, 1935, ch. 531, title VI, § 603 49 Stat. 635 act July 1, 1944, ch. 373, title XIII, § 1313 58 Stat. 719 section 246 of this titleAnother prior section 803, , , which provided for allotments to States by appropriations for investigation of diseases by Public Health Service, was repealed by , formerly title VI, § 611, . See .

Amendments

Pub. L. 117–328, § 102(a)(2)(A)December 31, 20242022—Subsec. (a). , inserted “(except as provided in subsection (c)(6))” after “”.

Pub. L. 117–328, § 102(a)(2)(B)(i)(I)Subsec. (c)(1). , substituted “paragraphs (3), (4), (5), and (6)” for “paragraphs (3) and (4)” in introductory provisions.

Pub. L. 117–328, § 102(a)(2)(B)(i)(II)Subsec. (c)(1)(C). , amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “for the provision of government services to the extent of the reduction in revenue of such metropolitan city, nonentitlement unit of local government, or county due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the metropolitan city, nonentitlement unit of local government, or county prior to the emergency; or”.

Pub. L. 117–328, § 102(a)(2)(B)(i)(III)Subsec. (c)(1)(E). , (IV), added subpar. (E).

Pub. L. 117–328, § 102(b)Subsec. (c)(3). , substituted “section 11360” for “section 11360(17)”.

Pub. L. 117–328, § 102(a)(2)(B)(ii)Subsec. (c)(6). , added par. (6).

Pub. L. 117–582021—Subsec. (c)(5). added par. (5).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Pub. L. 117–328 section 102(c) of Pub. L. 117–328 section 802 of this titleAmendment by effective upon issuance of guidance or the promulgation of a rule by the Secretary of the Treasury, in consultation with the Secretary of Transportation, see , set out as a note under .

Effective Date of 2021 Amendment

Pub. L. 117–58 Public Law 117–2135 Stat. 223 section 40909(c) of Pub. L. 117–58 section 802 of this titleAmendment by effective as if included in the enactment of section 9901 of the American Rescue Plan Act of 2021 (; ), see , set out as a note under .

Wage Rate Requirements

Pub. L. 117–58 section 18851 of this titleFor provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of , including authority of Secretary of Labor, see .