---
kind: "section"
citation: "42 U.S.C. § 804"
title: "42"
title_heading: "The Public Health and Welfare"
number: "804"
heading: "Coronavirus capital projects fund"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/804"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter VI — Coronavirus Relief, Fiscal Recovery, and Critical Capital Projects Funds"
---

# §804. Coronavirus capital projects fund

- (a) **Appropriation—** In addition to amounts otherwise available, there is appropriated for [fiscal year](/usc/42/619.md?p=3) 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](/usc/42/619.md?p=5), [territories](/usc/42/701.md?p=c-5-C), and Tribal governments to carry out critical capital [projects](/usc/42/13641.md?p=2) directly enabling work, education, and health monitoring, [including](/usc/42/1301.md?p=b) 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)—
    - (A) the [Secretary](/usc/42/1301.md?p=a-6) shall pay $100,000,000 to each [State](/usc/42/619.md?p=5);
    - (B) the [Secretary](/usc/42/1301.md?p=a-6) shall pay $100,000,000 of such amount in equal shares to the [United States](/usc/42/1301.md?p=a-2) Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated [States](/usc/42/619.md?p=5) of Micronesia, and the Republic of Palau; and
    - (C) the [Secretary](/usc/42/1301.md?p=a-6) shall pay $100,000,000 of such amount in equal shares to Tribal governments and the [State](/usc/42/619.md?p=5) of Hawaii (in addition to the amount paid to the [State](/usc/42/619.md?p=5) of Hawaii under [subparagraph (A)](#b-1-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](/usc/42/619.md?p=5) 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)](#a) that remains after the application of [paragraph (1)](#b-1), the [Secretary](/usc/42/1301.md?p=a-6) shall make payments to [States](/usc/42/619.md?p=5) based on population such that—
      - (i) 50 percent of such amount shall be allocated among the [States](/usc/42/619.md?p=5) based on the proportion that the population of each [State](/usc/42/619.md?p=5) bears to the population of all [States](/usc/42/619.md?p=5);
      - (ii) 25 percent of such amount shall be allocated among the [States](/usc/42/619.md?p=5) based on the proportion that the number of individuals living in rural areas in each [State](/usc/42/619.md?p=5) bears to the number of individuals living in rural areas in all [States](/usc/42/619.md?p=5); and
      - (iii) 25 percent of such amount shall be allocated among the [States](/usc/42/619.md?p=5) based on the proportion that the number of individuals with a household income that is below 150 percent of the [poverty line](/usc/42/1397jj.md?p=c-5) applicable to a family of the size involved in each [State](/usc/42/619.md?p=5) bears to the number of such individuals in all [States](/usc/42/619.md?p=5).
    - (B) **Data—** In determining the [allocations](/usc/42/2021b.md?p=2) to be made to each [State](/usc/42/619.md?p=5) under [subparagraph (A)](#b-2-A), the [Secretary](/usc/42/1301.md?p=a-6) of the Treasury shall use the most recent data available from the Bureau of the Census.
- (c) **Timing—** The [Secretary](/usc/42/1301.md?p=a-6) shall establish a process of applying for [grants](/usc/42/1397j.md?p=10) to access funding made available under section (b) not later than 60 days after March 11, 2021.
- (d) **Definitions—** In this section:
  - (1) **Secretary—** The term “[Secretary](/usc/42/1301.md?p=a-6)” means the [Secretary](/usc/42/1301.md?p=a-6) of the Treasury.
  - (2) **State—** The term “[State](/usc/42/619.md?p=5)” means each of the 50 [States](/usc/42/619.md?p=5), the District of Columbia, and Puerto Rico.
  - (3) **Tribal government—** The term “Tribal government” has the meaning given such term in [section 802(g) of this title](/usc/42/802.md?p=g).

## Source credit

(Aug. 14, 1935, ch. 531, title VI, § 604, as added Pub. L. 117–2, title IX, § 9901(a), Mar. 11, 2021, 135 Stat. 233.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 804, act Aug. 14, 1935, ch. 531, title VI, § 604, as added Oct. 30, 1972, Pub. L. 92–603, title III, § 302, 86 Stat. 1484, which provided for notification to States and termination of payments in case of noncompliance with laws or State plan, was repealed by Pub. L. 93–647, §§ 3(b), 7(b), Jan. 4, 1975, 88 Stat. 2349, 2351.