Title 42, The Public Health and WelfareRelease 119-110

§806 Rescission of Funds Declined by States, Territories, or Other Governmental Entities

Title 42 › CHAPTER 7 — SOCIAL SECURITY › SUBCHAPTER VI — CORONAVIRUS RELIEF, FISCAL RECOVERY, AND CRITICAL CAPITAL PROJECTS FUNDS › § 806

Last updated Sep 22, 2026|Official source

Summary

If a State, territory, or other governmental entity tells the Secretary of the Treasury, in the way the Secretary requires, that it will decline all or part of the money it was to receive from these appropriations, the unaccepted amount will be taken back from the appropriation account as of the date of that notice. This does not apply to funds a State gets under section 803 to pass on to nonentitlement local governments. A sub‑State entity (like a city) may also give its own notice that it will decline funds, and a State cannot stop that. Money taken back must go into the Treasury’s general fund only to reduce the federal deficit. "State, territory, or other governmental entity" means any entity that can get a direct payment under this subchapter, except Tribal governments (see sections 801(g), 802(g), 804(d)) and eligible Tribal governments (see section 805(f)).

Full Legal Text

Title 42, §806

The Public Health and Welfare, Source: USLM XML via OLRC

(a)Rescission
(1)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of the date of such notice that would have been awarded to the State, territory, or other governmental entity shall be rescinded from the applicable appropriation account.
(2)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.
(3)Rules of construction
Paragraph (1) shall not be construed as—
(A)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
(B)allowing a State to prohibit or otherwise prevent a sub-State governmental entity from providing such a notice.
(b)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.
(c)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 section 801(g), 802(g), and 804(d) of this title, and an eligible Tribal government, as defined in section 805(f) of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 806

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110