42 USC 802 - Coronavirus State fiscal recovery fund

1 So in original.

shall apply to funds provided under a payment made under this section that are used for projects described in subparagraph (B); and

Editorial Notes

References in Text

The Infrastructure Investment and Jobs Act, referred to in subsec. (c)(5)(B), is Puspan. L. 117–58, Nov. 15, 2021, 135 Stat. 429. Paragraph (1) under the span “HIGHWAY INFRASTRUCTURE PROGRAM” under the span “FEDERAL HIGHWAY ADMINISTRATION” under the span “DEPARTMENT OF TRANSPORTATION” under title VIII of division J of the Act is in title VIII of div. J of Puspan. L. 117–58, at 135 Stat. 1420. For complete classification of this Act to the Code, see Short Title of 2021 Amendment note set out under section 101 of Title 23, Highways, and Tables.

The Housing and Community Development Act of 1974, referred to in subsec. (c)(5)(B)(xxvi), (C)(iii)(II), is Puspan. L. 93–383, Aug. 22, 1974, 88 Stat. 633. 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 section 5301 of this title and Tables.

The National Environmental Policy Act of 1969, referred to in subsec. (c)(5)(C)(iii), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, 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 section 4321 of this title and Tables.

Prior Provisions

A prior section 802, act Aug. 14, 1935, ch. 531, title VI, § 602, as added Oct. 30, 1972, Puspan. L. 92–603, title III, § 302, 86 Stat. 1479, which set out the necessary provisions for State plans for services to the aged, blind, or disabled, was repealed by Puspan. L. 93–647, §§ 3(span), 7(span), Jan. 4, 1975, 88 Stat. 2349, 2351.

Another prior section 802, act Aug. 14, 1935, ch. 531, title VI, § 602, 49 Stat. 634, which provided for allotments to States by Surgeon General, was repealed by act July 1, 1944, ch. 373, title XIII, § 1313, formerly title VI, § 611, 58 Stat. 719. See section 246 of this title.

Amendments

2022—Subsec. (a)(1). Puspan. L. 117–328, § 102(a)(1)(A), inserted “(except as provided in subsection (c)(5))” after “December 31, 2024”.

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

Subsec. (c)(1)(C). Puspan. 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”.

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

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

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

2021—Subsec. (c)(4). Puspan. L. 117–58 added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

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

“(1)Guidance or rule.—Within 60 days of the date of enactment of this Act [Dec. 29, 2022], the Secretary of the Treasury, in consultation with the Secretary of Transportation, shall issue guidance or promulgate a rule to carry out the amendments made by this section [amending this section, section 803 of this title, and sections 9042 and 9072 of Title 15, Commerce and Trade], including updating reporting requirements on the use of funds under this section.

“(2)Effective date.—The amendments made by this section shall take effect upon the issuance of guidance or the promulgation of a rule described in paragraph (1).”

Effective Date of 2021 Amendment

Puspan. L. 117–58, div. D, title IX, § 40909(c), Nov. 15, 2021, 135 Stat. 1126, provided that: “The amendments made by this section [amending this section and section 803 of this title] shall take effect as if included in the enactment of section 9901 of the American Rescue Plan Act of 2021 (Public Law 117–2; 135 Stat. 223).”

Wage Rate Requirements

For 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 Puspan. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.