§ 802. Coronavirus State fiscal recovery fund

Footnotes

1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1935

   American Rescue Plan Act of 2021

   Pub. L. 117–2 title IX § 9901(a) · 135 Stat. 4

   Enacted · 42 U.S.C. § 802

   Aug. 14, 1935, ch. 531, title VI, § 602, as added Pub. L. 117–2, title IX, § 9901(a), Mar. 11, 2021, 135 Stat. 223

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title VI, § 602, as added Pub. L. 117–2, title IX, § 9901(a), Mar. 11, 2021, 135 Stat. 223

   Enacted provision · exact public law section
   (a) In General.— Title VI of the Social Security Act (42 U.S.C. 801 et seq.) is amended by adding at the end the following: “SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND. “(a) Appropriation.— In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated— “(1) $219,800,000,000, to remain available through December 31, 2024, for making payments under this section to States, territories, and Tribal governments to mitigate the fiscal effects stemming from the public health emergency with respect to the Coronavirus Disease (COVID–19); and “(2) $50,000,000, to remain available until expended, for the costs of the Secretary for administration of the funds established under this title. “(b) Authority to Make Payments.— “(1) Payments to territories.— “(A) In general.— The Secretary shall reserve $4,500,000,000 of the amount appropriated under subsection (a)(1) to make payments to the territories. “(B) Allocation.— Of the amount reserved under subparagraph (A)— “(i) 50 percent of such amount shall be allocated by the Secretary equally to each territory; and “(ii) 50 percent of such amount shall be allocated by the Secretary as an additional amount to each territory in an amount which bears the same proportion to ½ of the total amount reserved under subparagraph (A) as the population of the territory bears to the total population of all such territories. “(C) Payment.— The Secretary shall pay each territory the total of the amounts allocated for the territory under subparagraph (B) in accordance with paragraph (6). “(2) Payments to tribal governments.— “(A) In general.— The Secretary shall reserve $20,000,000,000 of the amount appropriated under subsection (a)(1) to make payments to Tribal governments. “(B) Allocation.— Of the amount reserved under subparagraph (A)— “(i) $1,000,000,000 shall be allocated by the Secretary equally among each of the Tribal governments; and “(ii) $19,000,000,000 shall be allocated by the Secretary to the Tribal governments in a manner determined by the Secretary. “(C) Payment.— The Secretary shall pay each Tribal government the total of the amounts allocated for the Tribal government under subparagraph (B) in accordance with paragraph (6). “(3) Payments to each of the 50 states and the district of columbia.— “(A) In general.— The Secretary shall reserve $195,300,000,000 of the amount appropriated under subsection (a)(1) to make payments to each of the 50 States and the District of Columbia. “(B) Allocations.— Of the amount reserved under subparagraph (A)— “(i) $25,500,000,000 of such amount shall be allocated by the Secretary equally among each of the 50 States and the District of Columbia; “(ii) an amount equal to $1,250,000,000 less the amount allocated for the District of Columbia pursuant to section 601(c)(6) shall be allocated by the Secretary as an additional amount to the District of Columbia; and “(iii) an amount equal to the remainder of the amount reserved under subparagraph (A) after the application of clauses (i) and (ii) of this subparagraph shall be allocated by the Secretary as an additional amount to each of the 50 States and the District of Columbia in an amount which bears the same proportion to such remainder as the average estimated number of seasonally-adjusted unemployed individuals (as measured by the Bureau of Labor Statistics Local Area Unemployment Statistics program) in the State or District of Columbia over the 3-month period ending with December 2020 bears to the average estimated number of seasonally-adjusted unemployed individuals in all of the 50 States and the District of Columbia over the same period. “(C) Payment.— “(i) In general.— Subject to clause (ii), the Secretary shall pay each of the 50 States and the District of Columbia, from the amount reserved under subparagraph (A), the total of the amounts allocated for the State and District of Columbia under subparagraph (B) in accordance with paragraph (6). “(ii) Minimum payment requirement.— “(I) In general.— The sum of— “(aa) the total amounts allocated for 1 of the 50 States or the District of Columbia under subparagraph (B) (as determined without regard to this clause); and “(bb) the amounts allocated under section 603 to the State (for distribution by the State to nonentitlement units of local government in the State) and to metropolitan cities and counties in the State; shall not be less than the amount allocated to the State or District of Columbia for fiscal year 2020 under section 601, including any amount paid directly to a unit of local government in the State under such section. “(II) Pro rata adjustment.— The Secretary shall adjust on a pro rata basis the amount of the allocations for each of the 50 States and the District of Columbia determined under subparagraph (B)(iii) (without regard to this clause) to the extent necessary to comply with the requirement of subclause (I). “(4) 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 allocated to States, territories, and Tribal governments in accordance with the requirements specified in each such paragraph (as applicable). “(5) Population data.— For purposes of determining allocations for a territory under this section, the population of the territory shall be determined based on the most recent data available from the Bureau of the Census. “(6) Timing.— “(A) States and territories.— “(i) In general.— To the extent practicable, subject to clause (ii), with respect to each State and territory allocated a payment under this subsection, the Secretary shall make the payment required for the State or territory not later than 60 days after the date on which the certification required under subsection (d)(1) is provided to the Secretary. “(ii) Authority to split payment.— “(I) In general.— The Secretary shall have the authority to withhold payment of up to 50 percent of the amount allocated to each State and territory (other than payment of the amount allocated under paragraph (3)(B)(ii) to the District of Columbia) for a period of up to 12 months from the date on which the State or territory provides the certification required under subsection (d)(1). The Secretary shall exercise such authority with respect to a State or territory based on the unemployment rate in the State or territory as of such date. “(II) Payment of withheld amount.— Before paying to a State or territory the remainder of an amount allocated to the State or territory (subject to subclause (III)) that has been withheld by the Secretary under subclause (I), the Secretary shall require the State or territory to submit a second certification under subsection (d)(1), in addition to such other information as the Secretary may require. “(III) Recovery of amounts subject to recoupment.— If a State or territory is required under subsection (e) to repay funds for failing to comply with subsection (c), the Secretary may reduce the amount otherwise payable to the State or territory under subclause (II) by the amount that the State or territory would otherwise be required to repay under such subsection (e). “(B) Tribal governments.— To the extent practicable, with respect to each Tribal government for which an amount is allocated under this subsection, the Secretary shall make the payment required for the Tribal government not later than 60 days after the date of enactment of this section. “(C) Initial payment to district of columbia.— The Secretary shall pay the amount allocated under paragraph (3)(B)(ii) to the District of Columbia not later than 15 days after the date of enactment of this section. “(c) Requirements.— “(1) Use of funds.— Subject to paragraph (2), and except as provided in paragraph (3), a State, territory, or Tribal government shall only use the funds provided under a payment made under this section, or transferred pursuant to section 603(c)(4), to cover costs incurred by the State, territory, or Tribal government, by December 31, 2024— “(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 State, territory, or Tribal government 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 to the extent of the reduction in revenue of such State, territory, or Tribal government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or “(D) to make necessary investments in water, sewer, or broadband infrastructure. “(2) Further restriction on use of funds.— “(A) In general.— A State or territory shall not use the funds provided under this section or transferred pursuant to section 603(c)(4) to either directly or indirectly offset a reduction in the net tax revenue of such State or territory resulting from a change in law, regulation, or administrative interpretation during the covered period that reduces any tax (by providing for a reduction in a rate, a rebate, a deduction, a credit, or otherwise) or delays the imposition of any tax or tax increase. “(B) Pension funds.— No State or territory may use funds made available under this section for deposit into any pension fund. “(3) Transfer authority.— A State, territory, or Tribal government receiving a payment from funds made available under this section may transfer funds to a private nonprofit organization (as that term is defined in paragraph (17) of section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(17)), a Tribal organization (as that term is defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), a public benefit corporation involved in the transportation of passengers or cargo, or a special-purpose unit of State or local government. “(d) Certifications and Reports.— “(1) In general.— In order for a State or territory to receive a payment under this section, or a transfer of funds under section 603(c)(4), the State or territory shall provide the Secretary with a certification, signed by an authorized officer of such State or territory, that such State or territory requires the payment or transfer to carry out the activities specified in subsection (c) of this section and will use any payment under this section, or transfer of funds under section 603(c)(4), in compliance with subsection (c) of this section. “(2) Reporting.— Any State, territory, or Tribal government receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of— “(A) the uses of funds by such State, territory, or Tribal government, including, in the case of a State or a territory, all modifications to the State’s or territory’s tax revenue sources during the covered period; and “(B) such other information as the Secretary may require for the administration of this section. “(e) Recoupment.— Any State, territory, or Tribal government 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, provided that, in the case of a violation of subsection (c)(2)(A), the amount the State or territory shall be required to repay shall be lesser of— “(1) the amount of the applicable reduction to net tax revenue attributable to such violation; and “(2) the amount of funds received by such State or territory pursuant to a payment made under this section or a transfer made under section 603(c)(4). “(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) Covered period.— The term ‘covered period’ means, with respect to a State, territory, or Tribal government, the period that— “(A) begins on March 3, 2021; and “(B) ends on the last day of the fiscal year of such State, territory, or Tribal government in which all funds received by the State, territory, or Tribal government from a payment made under this section or a transfer made under section 603(c)(4) have been expended or returned to, or recovered by, the Secretary. “(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 Governor of a State or territory, or each Tribal government, may designate as critical to protect the health and well-being of the residents of their State, territory, or Tribal government. “(3) Premium pay.— The term ‘premium pay’ means an amount of up to $13 per hour that is paid to an eligible worker, in addition to wages or remuneration the eligible worker otherwise receives, for all work performed by the eligible worker during the COVID–19 public health emergency. Such amount may not exceed $25,000 with respect to any single eligible worker. “(4) Secretary.— The term ‘Secretary’ means the Secretary of the Treasury. “(5) State.— The term ‘State’ means each of the 50 States and the District of Columbia. “(6) Territory.— The term ‘territory’ means the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa. “(7) Tribal government.— The term ‘Tribal Government’ means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). “SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND. “(a) Appropriation.— In 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 December 31, 2024, 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.— From 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 section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)), 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.— The 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 January 27, 2020. “(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.— If, 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 section 602(b)(3)(B)(iii), 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.— No county that is an ‘urban county’ (as defined in section 102 of the Housing and Community Development Act of 1974 (42 U.S.C. 5302)) 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 section 106(b) of the Housing and Community Development Act of 1974 (42 U.S.C. 5306(b)). “(ii) Counties that are not units of general local government.— Distribution. 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.— To 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 the date of enactment of this section. “(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.— Subject to paragraph (2), and except as provided in paragraphs (3) and (4), 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 December 31, 2024— “(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 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 “(D) to make necessary investments in water, sewer, or broadband infrastructure. “(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.— A 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 paragraph (17) of section 401 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(17)), 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. “(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.— The term ‘metropolitan city’ has the meaning given that term in section 102(a)(4) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(4)) and includes cities that relinquish or defer their status as a metropolitan city for purposes of receiving allocations under section 106 of such Act (42 U.S.C. 5306) for fiscal year 2021. “(5) Nonentitlement unit of local government.— The term ‘nonentitlement unit of local government’ means a ‘city’, as that term is defined in section 102(a)(5) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(5))), that is not a metropolitan city. “(6) Premium pay.— The term ‘premium pay’ has the meaning given such term in section 602(g). “(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.— The term ‘unit of general local government’ has the meaning given that term in section 102(a)(1) of the Housing and Community Development Act of 1974 (42 U.S.C. 5302(a)(1)). “SEC. 604. CORONAVIRUS CAPITAL PROJECTS FUND. “(a) Appropriation.— In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $10,000,000,000, to remain available until expended, for making payments to States, territories, and Tribal governments to carry out critical capital projects directly enabling work, education, and health monitoring, including remote options, in response to the public health emergency with respect to the Coronavirus Disease (COVID–19). “(b) Payments.— “(1) Minimum amounts.— From the amount appropriated under subsection (a)— “(A) the Secretary shall pay $100,000,000 to each State; “(B) the Secretary shall pay $100,000,000 of such amount in equal shares to the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau; and “(C) the Secretary shall pay $100,000,000 of such amount in equal shares to Tribal governments and the State of Hawaii (in addition to the amount paid to the State of Hawaii under subparagraph (A)), of which— “(i) not less than $50,000 shall be paid to each Tribal government; and “(ii) not less than $50,000, and not more than $200,000, shall be paid to the State of Hawaii for the exclusive use of the Department of Hawaiian Home Lands and the Native Hawaiian Education Programs to assist Native Hawaiians in accordance with this section. “(2) Remaining amounts.— “(A) In general.— From the amount of the appropriation under subsection (a) that remains after the application of paragraph (1), the Secretary shall make payments to States based on population such that— “(i) 50 percent of such amount shall be allocated among the States based on the proportion that the population of each State bears to the population of all States; “(ii) 25 percent of such amount shall be allocated among the States based on the proportion that the number of individuals living in rural areas in each State bears to the number of individuals living in rural areas in all States; and “(iii) 25 percent of such amount shall be allocated among the States based on the proportion that the number of individuals with a household income that is below 150 percent of the poverty line applicable to a family of the size involved in each State bears to the number of such individuals in all States. “(B) Data.— In determining the allocations to be made to each State under subparagraph (A), the Secretary of the Treasury shall use the most recent data available from the Bureau of the Census. “(c) Timing.— The Secretary shall establish a process of applying for grants to access funding made available under section (b) not later than 60 days after enactment of this section. “(d) Definitions.— In this section: “(1) Secretary.— The term ‘Secretary’ means the Secretary of the Treasury. “(2) State.— The term ‘State’ means each of the 50 States, the District of Columbia, and Puerto Rico. “(3) Tribal government.— The term ‘Tribal government’ has the meaning given such term in section 602(g). “SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND. “(a) Appropriation.— In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 to remain available until September 30, 2023, with amounts to be obligated for each of fiscal years 2022 and 2023 in accordance with subsection (b), for making payments under this section to eligible revenue sharing counties and eligible Tribal governments. “(b) Authority to Make Payments.— “(1) Payments to eligible revenue sharing counties.— For each of fiscal years 2022 and 2023, the Secretary shall reserve $750,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each eligible revenue sharing county in amounts that are determined by the Secretary taking into account economic conditions of each eligible revenue sharing county, using measurements of poverty rates, household income, land values, and unemployment rates as well as other economic indicators, over the 20-year period ending with September 30, 2021. “(2) Payments to eligible tribal governments.— For each of fiscal years 2022 and 2023, the Secretary shall reserve $250,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments in amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe. “(c) Use of Payments.— An eligible revenue sharing county or an eligible Tribal government may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity. “(d) Reporting Requirement.— Any eligible revenue sharing county receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of fund by such eligible revenue sharing county and such other information as the Secretary may require for the administration of this section. “(e) Recoupment.— Any eligible revenue sharing county that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to— “(1) in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and “(2) in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing county under this section for all fiscal years. “(f) Definitions.— In this section: “(1) Eligible revenue sharing county.— The term ‘eligible revenue sharing county’ means— “(A) a county, parish, or borough— “(i) that is independent of any other unit of local government; and “(ii) that, as determined by the Secretary, is the principal provider of government services for the area within its jurisdiction; and “(iii) for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program; and “(B) the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands. “(2) Eligible tribal government.— The term ‘eligible Tribal government’ means the recognized governing body of an eligible Tribe. “(3) Eligible tribe.— The term ‘eligible Tribe’ means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this section pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131). “(4) Secretary.— The term ‘Secretary’ means the Secretary of the Treasury.” .

2. 2021

   Infrastructure Investment and Jobs Act

   Pub. L. 117–58 div. D title IX § 40909(a) · 135 Stat. 429

   Added · 42 U.S.C. § 802(c)(4)

   Pub. L. 117–58 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (c)(4). Pub. L. 117–58 added par. (4).

   Enacted provision · exact public law section
   (a) Coronavirus State Fiscal Recovery Fund.— Section 602(c) of the Social Security Act (42 U.S.C. 802(c)) is amended by adding at the end the following: “(4) Use of funds to satisfy non-federal matching requirements for authorized bureau of reclamation water projects.— 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.” .

3. 2022

   Department of Commerce Appropriations Act, 2023

   Pub. L. 117–328 § 102(a)(1)(A) · 136 Stat. 4459

   Inserted · 42 U.S.C. § 802(a)(1)

   Pub. L. 117–328, § 102(a)(1)(A), inserted “(except as provided in subsection (c)(5))” after “December 31, 2024”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 117–328, § 102(a)(1)(A), inserted “(except as provided in subsection (c)(5))” after “December 31, 2024”.

   Enacted provision · exact public law section
   Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

   Effective date note
   Pub. L. 117–328, div. LL, § 102(c), Dec. 29, 2022, 136 Stat. 6103, provided that:

4. 2022

   Department of Commerce Appropriations Act, 2023

   Pub. L. 117–328 § 102(a)(1)(B)(i)(I) · 136 Stat. 4459

   Substituted · 42 U.S.C. § 802(c)(1)

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

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

   Effective date note
   Pub. L. 117–328, div. LL, § 102(c), Dec. 29, 2022, 136 Stat. 6103, provided that:

5. 2022

   Department of Commerce Appropriations Act, 2023

   Pub. L. 117–328 § 102(a)(1)(B)(i)(II) · 136 Stat. 4459

   Amended · 42 U.S.C. § 802(c)(1)(C)

   Pub. L. 117–328, § 102(a)(1)(B)(i)(II), 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 State, territory, or Tribal government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(C). Pub. L. 117–328, § 102(a)(1)(B)(i)(II), 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 State, territory, or Tribal government due to the COVID–19 public health emergency relative to revenues collected in the most recent full fiscal year of the State, territory, or Tribal government prior to the emergency; or”.

   Enacted provision · exact public law section
   Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

   Effective date note
   Pub. L. 117–328, div. LL, § 102(c), Dec. 29, 2022, 136 Stat. 6103, provided that:

6. 2022

   Department of Commerce Appropriations Act, 2023

   Pub. L. 117–328 § 102(a)(1)(B)(i)(III) · 136 Stat. 4459

   Added · 42 U.S.C. § 802(c)(1)(E)

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

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

   Effective date note
   Pub. L. 117–328, div. LL, § 102(c), Dec. 29, 2022, 136 Stat. 6103, provided that:

7. 2022

   Department of Commerce Appropriations Act, 2023

   Pub. L. 117–328 § 102(b) · 136 Stat. 4459

   Substituted · 42 U.S.C. § 802(c)(3)

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

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

   Effective date note
   Pub. L. 117–328, div. LL, § 102(c), Dec. 29, 2022, 136 Stat. 6103, provided that:

8. 2022

   Department of Commerce Appropriations Act, 2023

   Pub. L. 117–328 § 102(a)(1)(B)(ii) · 136 Stat. 4459

   Added · 42 U.S.C. § 802(c)(5)

   Pub. L. 117–328, § 102(a)(1)(B)(ii), added par. (5)

   Source evidence

   Code amendment note
   Subsec. (c)(5). Pub. L. 117–328, § 102(a)(1)(B)(ii), added par. (5).

   Enacted provision · exact public law section
   Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

   Effective date note
   Pub. L. 117–328, div. LL, § 102(c), Dec. 29, 2022, 136 Stat. 6103, provided that:

8 of 8 references resolved to an enrolled provision