§ 806. Rescission of funds declined by States, territories, or other governmental entities

Statutory text

Rescission

In general

Subject to paragraphs (2) and (3), if a State, territory, or other governmental entity provides notice to the Secretary of the Treasury in the manner provided by the Secretary of the Treasury that the State, territory, or other governmental entity intends to decline all or a portion of the amounts that are to be awarded to the State, territory, or other governmental entity from funds appropriated under this subchapter, an amount equal to the unaccepted amounts or portion of such amounts allocated by the Secretary of the Treasury as of the date of such notice that would have been awarded to the State, territory, or other governmental entity shall be rescinded from the applicable appropriation account.

Exclusion

Paragraph (1) shall not apply with respect to funds that are to be paid to a State under section 803 of this title for distribution to nonentitlement units of local government.

Rules of construction

Paragraph (1) shall not be construed as—

preventing a sub-State governmental entity, including a nonentitlement unit of local government, from notifying the Secretary of the Treasury that the sub-State governmental entity intends to decline all or a portion of the amounts that a State may distribute to the entity from funds appropriated under this subchapter; or

allowing a State to prohibit or otherwise prevent a sub-State governmental entity from providing such a notice.

Use for deficit reduction

Amounts rescinded under subsection (a) shall be deposited in the general fund of the Treasury for the sole purpose of deficit reduction.

State or other governmental entity defined

In this section, the term “State, territory, or other governmental entity” means any entity to which a payment may be made directly to the entity under this subchapter other than a Tribal government, as defined in sections 801(g), 802(g), and 804(d) of this title, and an eligible Tribal government, as defined in section 805(f) of this title.

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.

2022
Department of Commerce Appropriations Act, 2023
Pub. L. 117–328 div. LL § 105 · 136 Stat. 4459
Enacted · 42 U.S.C. § 806
(Aug. 14, 1935, ch. 531, title VI, § 606, as added Pub. L. 117–328, div. LL, § 105, Dec. 29, 2022, 136 Stat. 6105.)
Source evidence
Code source credit
(Aug. 14, 1935, ch. 531, title VI, § 606, as added Pub. L. 117–328, div. LL, § 105, Dec. 29, 2022, 136 Stat. 6105.)
Enacted provision · exact public law section
Sec. 105. Notwithstanding any other provision of law, the Secretary of Commerce may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.

1 of 1 references resolved to an enrolled provision

Credits

(Aug. 14, 1935, ch. 531, title VI, § 606, as added Pub. L. 117–328, div. LL, § 105, Dec. 29, 2022, 136 Stat. 6105.)