Attachment 1 - Final Rule OverviewCoronavirus State & Local
Fiscal Recovery Funds:
Overview of the Final Rule
U.S. DEPARTMENT OF THE TREASURY
January 2022
ATTACHMENT1
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
The Overview of the Final Rule provides a summary of major provisions of the final
rule for informational purposes and is intended as a brief, simplified user guide to the
final rule provisions.
The descriptions provided in this document summarize key provisions of the final rule
but are non-exhaustive, do not describe all terms and conditions associated with the use
of SLFRF, and do not describe all requirements that may apply to this funding. Any SLFRF
funds received are also subject to the terms and conditions of the agreement entered
into by Treasury and the respective jurisdiction, which incorporate the provisions of the
final rule and the guidance that implements this program.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Contents
Introduction .................................................................................................................................................. 4
Overview of the Program .............................................................................................................................. 6
Replacing Lost Public Sector Revenue .......................................................................................................... 9
Responding to Public Health and Economic Impacts of COVID-19 ............................................................. 12
Responding to the Public Health Emergency .......................................................................................... 14
Responding to Negative Economic Impacts ............................................................................................ 16
Assistance to Households ................................................................................................................... 17
Assistance to Small Businesses ........................................................................................................... 21
Assistance to Nonprofits ..................................................................................................................... 23
Aid to Impacted Industries .................................................................................................................. 24
Public Sector Capacity ............................................................................................................................. 26
Public Safety, Public Health, and Human Services Staff ..................................................................... 26
Government Employment and Rehiring Public Sector Staff ............................................................... 27
Effective Service Delivery .................................................................................................................... 28
Capital Expenditures ............................................................................................................................... 30
Framework for Eligible Uses Beyond those Enumerated ....................................................................... 32
Premium Pay ............................................................................................................................................... 35
Water & Sewer Infrastructure .................................................................................................................... 37
Broadband Infrastructure ........................................................................................................................... 39
Restrictions on Use ..................................................................................................................................... 41
Program Administration ............................................................................................................................. 43
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Introduction
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF), a part of the American Rescue Plan,
delivers $350 billion to state, local, and Tribal governments across the country to support their response
to and recovery from the COVID-19 public health emergency. The program ensures that governments
have the resources needed to:
• Fight the pandemic and support families and businesses struggling with its public health and
economic impacts,
• Maintain vital public services, even amid declines in revenue, and
• Build a strong, resilient, and equitable recovery by making investments that support long-term
growth and opportunity.
EARLY PROGRAM IMPLEMENTATION
In May 2021, Treasury published the Interim final rule (IFR) describing eligible and ineligible uses of
funds (as well as other program provisions), sought feedback from the public on these program rules,
and began to distribute funds. The IFR went immediately into effect in May, and since then,
governments have used SLFRF funds to meet their immediate pandemic response needs and begin
building a strong and equitable recovery, such as through providing vaccine incentives, development of
affordable housing, and construction of infrastructure to deliver safe and reliable water.
As governments began to deploy this funding in their communities, Treasury carefully considered the
feedback provided through its public comment process and other forums. Treasury received over 1,500
comments, participated in hundreds of meetings, and received correspondence from a wide range of
governments and other stakeholders.
KEY CHANGES AND CLARIFICATIONS IN THE FINAL RULE
The final rule delivers broader flexibility and greater simplicity in the program, responsive to feedback in
the comment process. Among other clarifications and changes, the final rule provides the features
below.
Replacing Lost Public Sector Revenue
The final rule offers a standard allowance for revenue loss of up to $10 million, allowing recipients to
select between a standard amount of revenue loss or complete a full revenue loss calculation.
Recipients that select the standard allowance may use that amount – in many cases their full award – for
government services, with streamlined reporting requirements.
Public Health and Economic Impacts
In addition to programs and services, the final rule clarifies that recipients can use funds for capital
expenditures that support an eligible COVID-19 public health or economic response. For example,
recipients may build certain affordable housing, childcare facilities, schools, hospitals, and other projects
consistent with final rule requirements.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
In addition, the final rule provides an expanded set of households and communities that are presumed
to be “impacted” and “disproportionately impacted” by the pandemic, thereby allowing recipients to
provide responses to a broad set of households and entities without requiring additional analysis.
Further, the final rule provides a broader set of uses available for these communities as part of COVID-
19 public health and economic response, including making affordable housing, childcare, early learning,
and services to address learning loss during the pandemic eligible in all impacted communities and
making certain community development and neighborhood revitalization activities eligible for
disproportionately impacted communities.
Further, the final rule allows for a broader set of uses to restore and support government employment,
including hiring above a recipient’s pre-pandemic baseline, providing funds to employees that
experienced pay cuts or furloughs, avoiding layoffs, and providing retention incentives.
Premium Pay
The final rule delivers more streamlined options to provide premium pay, by broadening the share of
eligible workers who can receive premium pay without a written justification while maintaining a focus
on lower-income and frontline workers performing essential work.
Water, Sewer & Broadband Infrastructure
The final rule significantly broadens eligible broadband infrastructure investments to address challenges
with broadband access, affordability, and reliability, and adds additional eligible water and sewer
infrastructure investments, including a broader range of lead remediation and stormwater management
projects.
FINAL RULE EFFECTIVE DATE
The final rule takes effect on April 1, 2022. Until that time, the interim final rule remains in effect; funds
used consistently with the IFR while it is in effect are in compliance with the SLFRF program.
However, recipients can choose to take advantage of the final rule’s flexibilities and simplifications now,
even ahead of the effective date. Treasury will not take action to enforce the interim final rule to the
extent that a use of funds is consistent with the terms of the final rule, regardless of when the SLFRF
funds were used. Recipients may consult the Statement Regarding Compliance with the Coronavirus
State and Local Fiscal Recovery Funds Interim Final Rule and Final Rule, which can be found on Treasury’s
website, for more information on compliance with the interim final rule and the final rule.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Overview of the Program
The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program provides substantial flexibility
for each jurisdiction to meet local needs within the four separate eligible use categories. This Overview
of the Final Rule addresses the four eligible use categories ordered from the broadest and most flexible
to the most specific.
Recipients may use SLFRF funds to:
• Replace lost public sector revenue, using this funding to provide government services up to the
amount of revenue loss due to the pandemic.
• Recipients may determine their revenue loss by choosing between two options:
• A standard allowance of up to $10 million in aggregate, not to exceed their
award amount, during the program;
• Calculating their jurisdiction’s specific revenue loss each year using Treasury’s
formula, which compares actual revenue to a counterfactual trend.
• Recipients may use funds up to the amount of revenue loss for government services;
generally, services traditionally provided by recipient governments are government
services, unless Treasury has stated otherwise.
• Support the COVID-19 public health and economic response by addressing COVID-19 and its
impact on public health as well as addressing economic harms to households, small businesses,
nonprofits, impacted industries, and the public sector.
• Recipients can use funds for programs, services, or capital expenditures that respond to
the public health and negative economic impacts of the pandemic.
• To provide simple and clear eligible uses of funds, Treasury provides a list of
enumerated uses that recipients can provide to households, populations, or classes (i.e.,
groups) that experienced pandemic impacts.
• Public health eligible uses include COVID-19 mitigation and prevention, medical
expenses, behavioral healthcare, and preventing and responding to violence.
• Eligible uses to respond to negative economic impacts are organized by the type of
beneficiary: assistance to households, small businesses, and nonprofits.
• Each category includes assistance for “impacted” and “disproportionately
impacted” classes: impacted classes experienced the general, broad-based
impacts of the pandemic, while disproportionately impacted classes faced
meaningfully more severe impacts, often due to preexisting disparities.
• To simplify administration, the final rule presumes that some populations and
groups were impacted or disproportionately impacted and are eligible for
responsive services.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
• Eligible uses for assistance to impacted households include aid for re-
employment, job training, food, rent, mortgages, utilities, affordable housing
development, childcare, early education, addressing learning loss, and many
more uses.
• Eligible uses for assistance to impacted small businesses or nonprofits include
loans or grants to mitigate financial hardship, technical assistance for small
businesses, and many more uses.
• Recipients can also provide assistance to impacted industries like travel, tourism, and
hospitality that faced substantial pandemic impacts, or address impacts to the public
sector, for example by re-hiring public sector workers cut during the crisis.
• Recipients providing funds for enumerated uses to populations and groups that
Treasury has presumed eligible are clearly operating consistently with the final rule.
Recipients can also identify (1) other populations or groups, beyond those presumed
eligible, that experienced pandemic impacts or disproportionate impacts and (2) other
programs, services, or capital expenditures, beyond those enumerated, to respond to
those impacts.
• Provide premium pay for eligible workers performing essential work, offering additional
support to those who have and will bear the greatest health risks because of their service in
critical sectors.
• Recipients may provide premium pay to eligible workers – generally those working in-
person in key economic sectors – who are below a wage threshold or non-exempt from
the Fair Labor Standards Act overtime provisions, or if the recipient submits justification
that the premium pay is responsive to workers performing essential work.
• Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, to support vital wastewater and stormwater
infrastructure, and to expand affordable access to broadband internet.
• Recipients may fund a broad range of water and sewer projects, including those eligible
under the EPA’s Clean Water State Revolving Fund, EPA’s Drinking Water State
Revolving Fund, and certain additional projects, including a wide set of lead
remediation, stormwater infrastructure, and aid for private wells and septic units.
• Recipients may fund high-speed broadband infrastructure in areas of need that the
recipient identifies, such as areas without access to adequate speeds, affordable
options, or where connections are inconsistent or unreliable; completed projects must
participate in a low-income subsidy program.
While recipients have considerable flexibility to use funds to address the diverse needs of their
communities, some restrictions on use apply across all eligible use categories. These include:
• For states and territories: No offsets of a reduction in net tax revenue resulting from a change
in state or territory law.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
• For all recipients except for Tribal governments: No extraordinary contributions to a pension
fund for the purpose of reducing an accrued, unfunded liability.
• For all recipients: No payments for debt service and replenishments of rainy day funds; no
satisfaction of settlements and judgments; no uses that contravene or violate the American
Rescue Plan Act, Uniform Guidance conflicts of interest requirements, and other federal, state,
and local laws and regulations.
Under the SLFRF program, funds must be used for costs incurred on or after March 3, 2021. Further,
funds must be obligated by December 31, 2024, and expended by December 31, 2026. This time period,
during which recipients can expend SLFRF funds, is the “period of performance.”
In addition to SLFRF, the American Rescue Plan includes other sources of funding for state and local
governments, including the Coronavirus Capital Projects Fund to fund critical capital investments
including broadband infrastructure; the Homeowner Assistance Fund to provide relief for our country’s
most vulnerable homeowners; the Emergency Rental Assistance Program to assist households that are
unable to pay rent or utilities; and the State Small Business Credit Initiative to fund small business credit
expansion initiatives. Eligible recipients are encouraged to visit the Treasury website for more
information.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Replacing Lost Public Sector Revenue
The Coronavirus State and Local Fiscal Recovery Funds provide needed fiscal relief for recipients that
have experienced revenue loss due to the onset of the COVID-19 public health emergency. Specifically,
SLFRF funding may be used to pay for “government services” in an amount equal to the revenue loss
experienced by the recipient due to the COVID-19 public health emergency.
Government services generally include any service traditionally provided by a government, including
construction of roads and other infrastructure, provision of public safety and other services, and health
and educational services. Funds spent under government services are subject to streamlined reporting
and compliance requirements.
In order to use funds under government services, recipients should first determine revenue loss. They
may, then, spend up to that amount on general government services.
DETERMINING REVENUE LOSS
Recipients have two options for how to determine their amount of revenue loss. Recipients must choose
one of the two options and cannot switch between these approaches after an election is made.
1. Recipients may elect a “standard allowance” of $10 million to spend on government services
through the period of performance.
Under this option, which is newly offered in the final rule Treasury presumes that up to $10
million in revenue has been lost due to the public health emergency and recipients are
permitted to use that amount (not to exceed the award amount) to fund “government services.”
The standard allowance provides an estimate of revenue loss that is based on an extensive
analysis of average revenue loss across states and localities, and offers a simple, convenient way
to determine revenue loss, particularly for SLFRF’s smallest recipients.
All recipients may elect to use this standard allowance instead of calculating lost revenue using
the formula below, including those with total allocations of $10 million or less. Electing the
standard allowance does not increase or decrease a recipient’s total allocation.
2. Recipients may calculate their actual revenue loss according to the formula articulated in the
final rule.
Under this option, recipients calculate revenue loss at four distinct points in time, either at the
end of each calendar year (e.g., December 31 for years 2020, 2021, 2022, and 2023) or the end
of each fiscal year of the recipient. Under the flexibility provided in the final rule, recipients can
choose whether to use calendar or fiscal year dates but must be consistent throughout the
period of performance. Treasury has also provided several adjustments to the definition of
general revenue in the final rule.
To calculate revenue loss at each of these dates, recipients must follow a four-step process:
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
a. Calculate revenues collected in the most recent full fiscal year prior to the public health
emergency (i.e., last full fiscal year before January 27, 2020), called the base year
revenue.
b. Estimate counterfactual revenue, which is equal to the following formula, where n is the
number of months elapsed since the end of the base year to the calculation date:
𝑎𝑎𝑟𝑑 𝑦𝑑𝑎𝑟 𝑟𝑑𝑟𝑑𝑚𝑟𝑑 × (1 +𝑔𝑟𝑚𝑟𝑟ℎ 𝑎𝑑𝑗𝑟𝑟𝑟𝑚𝑑𝑚𝑟)𝑛
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The growth adjustment is the greater of either a standard growth rate—5.2 percent—or
the recipient’s average annual revenue growth in the last full three fiscal years prior to
the COVID-19 public health emergency.
c. Identify actual revenue, which equals revenues collected over the twelve months
immediately preceding the calculation date.
Under the final rule, recipients must adjust actual revenue totals for the effect of tax
cuts and tax increases that are adopted after the date of adoption of the final rule
(January 6, 2022). Specifically, the estimated fiscal impact of tax cuts and tax increases
adopted after January 6, 2022, must be added or subtracted to the calculation of actual
revenue for purposes of calculation dates that occur on or after April 1, 2022.
Recipients may subtract from their calculation of actual revenue the effect of tax
increases enacted prior to the adoption of the final rule. Note that recipients that elect
to remove the effect of tax increases enacted before the adoption of the final rule must
also remove the effect of tax decreases enacted before the adoption of the final rule,
such that they are accurately removing the effect of tax policy changes on revenue.
d. Revenue loss for the calculation date is equal to counterfactual revenue minus actual
revenue (adjusted for tax changes) for the twelve-month period. If actual revenue
exceeds counterfactual revenue, the loss is set to zero for that twelve-month period.
Revenue loss for the period of performance is the sum of the revenue loss on for each
calculation date.
The supplementary information in the final rule provides an example of this calculation, which
recipients may find helpful, in the Revenue Loss section.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
SPENDING ON GOVERNMENT SERVICES
Recipients can use SLFRF funds on government services up to the revenue loss amount, whether that be
the standard allowance amount or the amount calculated using the above approach. Government
services generally include any service traditionally provided by a government, unless Treasury has
stated otherwise. Here are some common examples, although this list is not exhaustive:
✓ Construction of schools and hospitals
✓ Road building and maintenance, and
other infrastructure
✓ Health services
✓ General government administration,
staff, and administrative facilities
✓ Environmental remediation
✓ Provision of police, fire, and other public
safety services (including purchase of
fire trucks and police vehicles)
Government services is the most flexible eligible use category under the SLFRF program, and funds are
subject to streamlined reporting and compliance requirements. Recipients should be mindful that
certain restrictions, which are detailed further in the Restrictions on Use section and apply to all uses of
funds, apply to government services as well.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Responding to Public Health and Economic Impacts of COVID-19
The Coronavirus State and Local Fiscal Recovery Funds provide resources for governments to meet the
public health and economic needs of those impacted by the pandemic in their communities, as well as
address longstanding health and economic disparities, which amplified the impact of the pandemic in
disproportionately impacted communities, resulting in more severe pandemic impacts.
The eligible use category to respond to public health and negative economic impacts is organized
around the types of assistance a recipient may provide and includes several sub-categories:
• public health,
• assistance to households,
• assistance to small businesses,
• assistance to nonprofits,
• aid to impacted industries, and
• public sector capacity.
In general, to identify eligible uses of funds in this category, recipients should (1) identify a COVID-19
public health or economic impact on an individual or class (i.e., a group) and (2) design a program that
responds to that impact. Responses should be related and reasonably proportional to the harm
identified and reasonably designed to benefit those impacted.
To provide simple, clear eligible uses of funds that meet this standard, Treasury provides a non-
exhaustive list of enumerated uses that respond to pandemic impacts. Treasury also presumes that
some populations experienced pandemic impacts and are eligible for responsive services. In other
words, recipients providing enumerated uses of funds to populations presumed eligible are clearly
operating consistently with the final rule.1
Recipients also have broad flexibility to (1) identify and respond to other pandemic impacts and (2)
serve other populations that experienced pandemic impacts, beyond the enumerated uses and
presumed eligible populations. Recipients can also identify groups or “classes” of beneficiaries that
experienced pandemic impacts and provide services to those classes.
1 However, please note that use of funds for enumerated uses may not be grossly disproportionate to the harm. Further,
recipients should consult the Capital Expenditures section for more information about pursuing a capital expenditure; please
note that enumerated capital expenditures are not presumed to be reasonably proportional responses to an identified harm
except as provided in the Capital Expenditures section.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Step 1. Identify COVID-19 public health or
economic impact
2. Design a response that addresses or
responds to the impact
Analysis • Can identify impact to a specific
household, business or nonprofit or
to a class of households, businesses,
or nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to
a specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
Simplifying
Presumptions • Final Rule presumes certain
populations and classes are impacted
and disproportionately impacted
• Final Rule provides non-exhaustive
list of enumerated eligible uses that
respond to pandemic impacts and
disproportionate impacts
To assess eligibility of uses of funds, recipients should first determine the sub-category where their use
of funds may fit (e.g., public health, assistance to households, assistance to small businesses), based on
the entity that experienced the health or economic impact.2 Then, recipients should refer to the relevant
section for more details on each sub-category.
While the same overall eligibility standard applies to all uses of funds to respond to the public health
and negative economic impacts of the pandemic, each sub-category has specific nuances on its
application. In addition:
• Recipients interested in using funds for capital expenditures (i.e., investments in property,
facilities, or equipment) should review the Capital Expenditures section in addition to the
eligible use sub-category.
• Recipients interested in other uses of funds, beyond the enumerated uses, should refer to the
section on “Framework for Eligible Uses Beyond Those Enumerated.”
2 For example, a recipient interested in providing aid to unemployed individuals is addressing a negative economic impact
experienced by a household and should refer to the section on assistance to households. Recipients should also be aware of the
difference between “beneficiaries” and “sub-recipients.” Beneficiaries are households, small businesses, or nonprofits that can
receive assistance based on impacts of the pandemic that they experienced. On the other hand, sub-recipients are
organizations that carry out eligible uses on behalf of a government, often through grants or contracts. Sub-recipients do not
need to have experienced a negative economic impact of the pandemic; rather, they are providing services to beneficiaries that
experienced an impact.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
RESPONDING TO THE PUBLIC HEALTH EMERGENCY
While the country has made tremendous progress in the fight against COVID-19, including a historic
vaccination campaign, the disease still poses a grave threat to Americans’ health and the economy.
Providing state, local, and Tribal governments the resources needed to fight the COVID-19 pandemic is a
core goal of the Coronavirus State and Local Fiscal Recovery Funds, as well as addressing the other ways
that the pandemic has impacted public health. Treasury has identified several public health impacts of
the pandemic and enumerated uses of funds to respond to impacted populations.
• COVID-19 mitigation and prevention. The pandemic has broadly impacted Americans and recipients
can provide services to prevent and mitigate COVID-19 to the general public or to small businesses,
nonprofits, and impacted industries in general. Enumerated eligible uses include:
✓ Vaccination programs, including vaccine
incentives and vaccine sites
✓ Testing programs, equipment and sites
✓ Monitoring, contact tracing & public
health surveillance (e.g., monitoring for
variants)
✓ Public communication efforts
✓ Public health data systems
✓ COVID-19 prevention and treatment
equipment, such as ventilators and
ambulances
✓ Medical and PPE/protective supplies
✓ Support for isolation or quarantine
✓ Ventilation system installation and
improvement
✓ Technical assistance on mitigation of
COVID-19 threats to public health and
safety
✓ Transportation to reach vaccination or
testing sites, or other prevention and
mitigation services for vulnerable
populations
✓ Support for prevention, mitigation, or
other services in congregate living
facilities, public facilities, and schools
✓ Support for prevention and mitigation
strategies in small businesses, nonprofits,
and impacted industries
✓ Medical facilities generally dedicated to
COVID-19 treatment and mitigation (e.g.,
ICUs, emergency rooms)
✓ Temporary medical facilities and other
measures to increase COVID-19 treatment
capacity
✓ Emergency operations centers &
emergency response equipment (e.g.,
emergency response radio systems)
✓ Public telemedicine capabilities for COVID-
19 related treatment
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
• Medical expenses. Funds may be used for expenses to households, medical providers, or others that
incurred medical costs due to the pandemic, including:
✓ Unreimbursed expenses for medical care
for COVID-19 testing or treatment, such
as uncompensated care costs for
medical providers or out-of-pocket costs
for individuals
✓ Paid family and medical leave for public
employees to enable compliance with
COVID-19 public health precautions
✓ Emergency medical response expenses
✓ Treatment of long-term symptoms or effects
of COVID-19
• Behavioral health care, such as mental health treatment, substance use treatment, and other
behavioral health services. Treasury recognizes that the pandemic has broadly impacted Americans’
behavioral health and recipients can provide these services to the general public to respond.
Enumerated eligible uses include:
✓ Prevention, outpatient treatment,
inpatient treatment, crisis care,
diversion programs, outreach to
individuals not yet engaged in
treatment, harm reduction & long-term
recovery support
✓ Enhanced behavioral health services in
schools
✓ Services for pregnant women or infants
born with neonatal abstinence
syndrome
✓ Support for equitable access to reduce
disparities in access to high-quality
treatment
✓ Peer support groups, costs for residence in
supportive housing or recovery housing, and
the 988 National Suicide Prevention Lifeline
or other hotline services
✓ Expansion of access to evidence-based
services for opioid use disorder prevention,
treatment, harm reduction, and recovery
✓ Behavioral health facilities & equipment
• Preventing and responding to violence. Recognizing that violence – and especially gun violence –
has increased in some communities due to the pandemic, recipients may use funds to respond in
these communities through:
✓ Referrals to trauma recovery services for
victims of crime
✓ Community violence intervention
programs, including:
• Evidence-based practices like
focused deterrence, with
wraparound services such as
behavioral therapy, trauma
recovery, job training, education,
housing and relocation services, and
financial assistance
✓ In communities experiencing increased
gun violence due to the pandemic:
• Law enforcement officers focused
on advancing community policing
• Enforcement efforts to reduce gun
violence, including prosecution
• Technology & equipment to support
law enforcement response
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
RESPONDING TO NEGATIVE ECONOMIC IMPACTS
The pandemic caused severe economic damage and, while the economy is on track to a strong recovery,
much work remains to continue building a robust, resilient, and equitable economy in the wake of the
crisis and to ensure that the benefits of this recovery reach all Americans. While the pandemic impacted
millions of American households and businesses, some of its most severe impacts fell on low-income
and underserved communities, where pre-existing disparities amplified the impact of the pandemic and
where the most work remains to reach a full recovery.
The final rule recognizes that the pandemic caused broad-based impacts that affected many
communities, households, and small businesses across the country; for example, many workers faced
unemployment and many small businesses saw declines in revenue. The final rule describes these as
“impacted" households, communities, small businesses, and nonprofits.
At the same time, the pandemic caused disproportionate impacts, or more severe impacts, in certain
communities. For example, low-income and underserved communities have faced more severe health
and economic outcomes like higher rates of COVID-19 mortality and unemployment, often because pre-
existing disparities exacerbated the impact of the pandemic. The final rule describes these as
“disproportionately impacted” households, communities, small businesses, and nonprofits.
To simplify administration of the program, the final rule presumes that certain populations were
“impacted” and “disproportionately impacted” by the pandemic; these populations are presumed to be
eligible for services that respond to the impact they experienced. The final rule also enumerates a non-
exhaustive list of eligible uses that are recognized as responsive to the impacts or disproportionate
impacts of COVID-19. Recipients providing enumerated uses to populations presumed eligible are clearly
operating consistently with the final rule.
As discussed further in the section Framework for Eligible Uses Beyond Those Enumerated, recipients
can also identify other pandemic impacts, impacted or disproportionately impacted populations or
classes, and responses.
However, note that the final rule maintains that general infrastructure projects, including roads, streets,
and surface transportation infrastructure, would generally not be eligible under this eligible use
category, unless the project responded to a specific pandemic public health need or a specific negative
economic impact. Similarly, general economic development or workforce development – activities that
do not respond to negative economic impacts of the pandemic but rather seek to more generally
enhance the jurisdiction’s business climate – would generally not be eligible under this eligible use
category.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Assistance to Households
Impacted Households and Communities
Treasury presumes the following households and communities are impacted by the pandemic:
✓ Low- or-moderate income households or
communities
✓ Households that experienced
unemployment
✓ Households that experienced increased
food or housing insecurity
✓ Households that qualify for the Children’s
Health Insurance Program, Childcare
Subsidies through the Child Care
Development Fund (CCDF) Program, or
Medicaid
✓ When providing affordable housing programs:
households that qualify for the National Housing
Trust Fund and Home Investment Partnerships
Program
✓ When providing services to address lost
instructional time in K-12 schools: any student
that lost access to in-person instruction for a
significant period of time
Low- or moderate-income households and communities are those with (i) income at or below 300
percent of the Federal Poverty Guidelines for the size of the household based on the most recently
published poverty guidelines or (ii) income at or below 65 percent of the area median income for the
county and size of household based on the most recently published data. For the vast majority of
communities, the Federal Poverty Guidelines are higher than the area’s median income and using the
Federal Poverty Guidelines would result in more households and communities being presumed eligible.
Treasury has provided an easy-to-use spreadsheet with Federal Poverty Guidelines and area median
income levels on its website.
Recipients can measure income for a specific household or the median income for the community,
depending on whether the response they plan to provide serves specific households or the general
community. The income thresholds vary by household size; recipients should generally use income
thresholds for the appropriate household size but can use a default household size of three when easier
for administration or when measuring income for a general community.
The income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $65,880
per year.3 In other words, recipients can always presume that a household earning below this level, or a
community with median income below this level, is impacted by the pandemic and eligible for services
to respond. Additionally, by following the steps detailed in the section Framework for Eligible Uses
Beyond Those Enumerated, recipients may designate additional households as impacted or
disproportionately impacted beyond these presumptions, and may also pursue projects not listed below
in response to these impacts consistent with Treasury’s standards.
3 For recipients in Alaska, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is $82,350
per year. For recipients in Hawaii, the income limit for 300 percent of the Federal Poverty Guidelines for a household of three is
$75,780 per year.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as
eligible to respond to impacts of the pandemic on households and communities:
✓ Food assistance & food banks
✓ Emergency housing assistance: rental
assistance, mortgage assistance, utility
assistance, assistance paying delinquent
property taxes, counseling and legal aid to
prevent eviction and homelessness &
emergency programs or services for homeless
individuals, including temporary residences
for people experiencing homelessness
✓ Health insurance coverage expansion
✓ Benefits for surviving family members of
individuals who have died from COVID-19
✓ Assistance to individuals who want and are
available for work, including job training,
public jobs programs and fairs, support for
childcare and transportation to and from a
jobsite or interview, incentives for newly-
employed workers, subsidized employment,
grants to hire underserved workers,
assistance to unemployed individuals to start
small businesses & development of job and
workforce training centers
✓ Financial services for the unbanked and
underbanked
✓ Burials, home repair & home weatherization
✓ Programs, devices & equipment for internet
access and digital literacy, including subsidies
for costs of access
✓ Cash assistance
✓ Paid sick, medical, and family leave programs
✓ Assistance in accessing and applying for
public benefits or services
✓ Childcare and early learning services, home
visiting programs, services for child welfare-
involved families and foster youth & childcare
facilities
✓ Assistance to address the impact of learning
loss for K-12 students (e.g., high-quality
tutoring, differentiated instruction)
✓ Programs or services to support long-term
housing security: including development of
affordable housing and permanent
supportive housing
✓ Certain contributions to an Unemployment
Insurance Trust Fund4
4 Recipients may only use SLFRF funds for contributions to unemployment insurance trust funds and repayment of the principal
amount due on advances received under Title XII of the Social Security Act up to an amount equal to (i) the difference between
the balance in the recipient’s unemployment insurance trust fund as of January 27, 2020 and the balance of such account as of
May 17, 2021, plus (ii) the principal amount outstanding as of May 17, 2021 on any advances received under Title XII of the
Social Security Act between January 27, 2020 and May 17, 2021. Further, recipients may use SLFRF funds for the payment of
any interest due on such Title XII advances. Additionally, a recipient that deposits SLFRF funds into its unemployment insurance
trust fund to fully restore the pre-pandemic balance may not draw down that balance and deposit more SLFRF funds, back up
to the pre-pandemic balance. Recipients that deposit SLFRF funds into an unemployment insurance trust fund, or use SLFRF
funds to repay principal on Title XII advances, may not take action to reduce benefits available to unemployed workers by
changing the computation method governing regular unemployment compensation in a way that results in a reduction of
average weekly benefit amounts or the number of weeks of benefits payable (i.e., maximum benefit entitlement).
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Disproportionately Impacted Households and Communities
Treasury presumes the following households and communities are disproportionately impacted by the
pandemic:
✓ Low -income households and communities
✓ Households residing in Qualified Census
Tracts
✓ Households that qualify for certain federal
5benefits
✓ Households receiving services provided by
Tribal governments
✓ Households residing in the U.S. territories or
receiving services from these governments
Low-income households and communities are those with (i) income at or below 185 percent of the
Federal Poverty Guidelines for the size of its household based on the most recently published poverty
guidelines or (ii) income at or below 40 percent of area median income for its county and size of
household based on the most recently published data. For the vast majority of communities, the Federal
Poverty Guidelines level is higher than the area median income level and using this level would result in
more households and communities being presumed eligible. Treasury has provided an easy-to-use
spreadsheet with Federal Poverty Guidelines and area median income levels on its website.
Recipients can measure income for a specific household or the median income for the community,
depending on whether the service they plan to provide serves specific households or the general
community. The income thresholds vary by household size; recipients should generally use income
thresholds for the appropriate household size but can use a default household size of three when easier
for administration or when measuring income for a general community.
The income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $40,626
per year.6 In other words, recipients can always presume that a household earning below this level, or a
community with median income below this level, is disproportionately impacted by the pandemic and
eligible for services to respond.
5 These programs are Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP),
Free- and Reduced-Price Lunch (NSLP) and/or School Breakfast (SBP) programs, Medicare Part D Low-Income Subsidies,
Supplemental Security Income (SSI), Head Start and/or Early Head Start, Special Supplemental Nutrition Program for Women,
Infants, and Children (WIC), Section 8 Vouchers, Low-Income Home Energy Assistance Program (LIHEAP), and Pell Grants. For
services to address educational disparities, Treasury will recognize Title I eligible schools as disproportionately impacted and
responsive services that support the school generally or support the whole school as eligible.
6 For recipients in Alaska, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is $50,783
per year. For recipients in Hawaii, the income limit for 185 percent of the Federal Poverty Guidelines for a household of three is
$46,731 per year
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Treasury recognizes the enumerated projects below, which have been expanded under the final rule, as
eligible to respond to disproportionate impacts of the pandemic on households and communities:
✓ Pay for community health workers to help
households access health & social services
✓ Remediation of lead paint or other lead
hazards
✓ Primary care clinics, hospitals, integration of
health services into other settings, and other
investments in medical equipment & facilities
designed to address health disparities
✓ Housing vouchers & assistance relocating to
neighborhoods with higher economic
opportunity
✓ Investments in neighborhoods to promote
improved health outcomes
✓ Improvements to vacant and abandoned
properties, including rehabilitation or
maintenance, renovation, removal and
remediation of environmental contaminants,
demolition or deconstruction, greening/vacant lot
cleanup & conversion to affordable housing7
✓ Services to address educational disparities,
including assistance to high-poverty school
districts & educational and evidence-based
services to address student academic, social,
emotional, and mental health needs
✓ Schools and other educational equipment &
facilities
7 Please see the final rule for further details and conditions applicable to this eligible use. This includes Treasury’s presumption
that demolition of vacant or abandoned residential properties that results in a net reduction in occupiable housing units for
low- and moderate-income individuals in an area where the availability of such housing is lower than the need for such housing
is ineligible for support with SLFRF funds.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Assistance to Small Businesses
Small businesses have faced widespread challenges due to the pandemic, including periods of
shutdown, declines in revenue, or increased costs. The final rule provides many tools for recipients to
respond to the impacts of the pandemic on small businesses, or disproportionate impacts on businesses
where pre-existing disparities like lack of access to capital compounded the pandemic’s effects.
Small businesses eligible for assistance are those that experienced negative economic impacts or
disproportionate impacts of the pandemic and meet the definition of “small business,” specifically:
1. Have no more than 500 employees, or if applicable, the size standard in number of employees
established by the Administrator of the Small Business Administration for the industry in which
the business concern or organization operates, and
2. Are a small business concern as defined in section 3 of the Small Business Act8 (which includes,
among other requirements, that the business is independently owned and operated and is not
dominant in its field of operation).
Impacted Small Businesses
Recipients can identify small businesses impacted by the pandemic, and measures to respond, in many
ways; for example, recipients could consider:
✓ Decreased revenue or gross receipts
✓ Financial insecurity
✓ Increased costs
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to small businesses that experienced negative economic impacts includes the following
enumerated uses:
✓ Loans or grants to mitigate financial
hardship, such as by supporting payroll
and benefits, costs to retain employees,
and mortgage, rent, utility, and other
operating costs
✓ Technical assistance, counseling, or other
services to support business planning
Disproportionately Impacted Small Businesses
Treasury presumes that the following small businesses are disproportionately impacted by the
pandemic:
8 15 U.S.C. 632.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
✓ Small businesses operating in Qualified
Census Tracts
✓ Small businesses operated by Tribal
governments or on Tribal lands
✓ Small businesses operating in the U.S.
territories
Assistance to disproportionately impacted small businesses includes the following enumerated uses,
which have been expanded under the final rule:
✓ Rehabilitation of commercial properties,
storefront improvements & façade
improvements
✓ Technical assistance, business incubators &
grants for start-up or expansion costs for
small businesses
✓ Support for microbusinesses, including
financial, childcare, and transportation costs
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Assistance to Nonprofits
Nonprofits have faced significant challenges due to the pandemic’s increased demand for services and
changing operational needs, as well as declines in revenue sources such as donations and fees.
Nonprofits eligible for assistance are those that experienced negative economic impacts or
disproportionate impacts of the pandemic and meet the definition of “nonprofit”—specifically those
that are 501(c)(3) or 501(c)(19) tax-exempt organizations.
Impacted Nonprofits
Recipients can identify nonprofits impacted by the pandemic, and measures to respond, in many ways;
for example, recipients could consider:
✓ Decreased revenue (e.g., from donations
and fees)
✓ Financial insecurity
✓ Increased costs (e.g., uncompensated
increases in service need)
✓ Capacity to weather financial hardship
✓ Challenges covering payroll, rent or
mortgage, and other operating costs
Assistance to nonprofits that experienced negative economic impacts includes the following
enumerated uses:
✓ Loans or grants to mitigate financial
hardship
✓ Technical or in-kind assistance or other
services that mitigate negative economic
impacts of the pandemic
Disproportionately Impacted Nonprofits
Treasury presumes that the following nonprofits are disproportionately impacted by the pandemic:
✓ Nonprofits operating in Qualified Census
Tracts
✓ Nonprofits operated by Tribal
governments or on Tribal lands
✓ Nonprofits operating in the U.S. territories
Recipients may identify appropriate responses that are related and reasonably proportional to
addressing these disproportionate impacts.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Aid to Impacted Industries
Recipients may use SLFRF funding to provide aid to industries impacted by the COVID-19 pandemic.
Recipients should first designate an impacted industry and then provide aid to address the impacted
industry’s negative economic impact.
This sub-category of eligible uses does not separately identify disproportionate impacts and
corresponding responsive services.
1. Designating an impacted industry. There are two main ways an industry can be designated as
“impacted.”
1. If the industry is in the travel, tourism, or hospitality sectors (including Tribal development
districts), the industry is impacted.
2. If the industry is outside the travel, tourism, or hospitality sectors, the industry is impacted
if:
a. The industry experienced at least 8 percent employment loss from pre-pandemic
levels,9 or
b. The industry is experiencing comparable or worse economic impacts as the national
tourism, travel, and hospitality industries as of the date of the final rule, based on
the totality of economic indicators or qualitative data (if quantitative data is
unavailable), and if the impacts were generally due to the COVID-19 public health
emergency.
Recipients have flexibility to define industries broadly or narrowly, but Treasury encourages
recipients to define narrow and discrete industries eligible for aid. State and territory recipients
also have flexibility to define the industries with greater geographic precision; for example, a
state may identify a particular industry in a certain region of a state as impacted.
2. Providing eligible aid to the impacted industry. Aid may only be provided to support
businesses, attractions, and Tribal development districts operating prior to the pandemic and
affected by required closures and other efforts to contain the pandemic. Further, aid should be
generally broadly available to all businesses within the impacted industry to avoid potential
conflicts of interest, and Treasury encourages aid to be first used for operational expenses, such
as payroll, before being used on other types of costs.
9 Specifically, a recipient should compare the percent change in the number of employees of the recipient’s identified industry
and the national Leisure & Hospitality sector in the three months before the pandemic’s most severe impacts began (a straight
three-month average of seasonally-adjusted employment data from December 2019, January 2020, and February 2020) with
the latest data as of the final rule (a straight three-month average of seasonally-adjusted employment data from September
2021, October 2021, and November 2021). For parity and simplicity, smaller recipients without employment data that measure
industries in their specific jurisdiction may use data available for a broader unit of government for this calculation (e.g., a
county may use data from the state in which it is located; a city may use data for the county, if available, or state in which it is
located) solely for purposes of determining whether a particular industry is an impacted industry.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Treasury recognizes the enumerated projects below as eligible responses to impacted
industries.
✓ Aid to mitigate financial hardship, such
as supporting payroll costs, lost pay and
benefits for returning employees,
support of operations and maintenance
of existing equipment and facilities
✓ Technical assistance, counseling, or
other services to support business
planning
✓ COVID-19 mitigation and infection
prevention measures (see section Public
Health)
As with all eligible uses, recipients may pursue a project not listed above by undergoing the steps
outlined in the section Framework for Eligible Uses Beyond Those Enumerated.
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
PUBLIC SECTOR CAPACITY
Recipients may use SLFRF funding to restore and bolster public sector capacity, which supports
government’s ability to deliver critical COVID-19 services. There are three main categories of eligible
uses to bolster public sector capacity and workforce: Public Safety, Public Health, and Human Services
Staff; Government Employment and Rehiring Public Sector Staff; and Effective Service Delivery.
Public Safety, Public Health, and Human Services Staff
SLFRF funding may be used for payroll and covered benefits for public safety, public health, health care,
human services and similar employees of a recipient government, for the portion of the employee’s
time spent responding to COVID-19. Recipients should follow the steps below.
1. Identify eligible public safety, public health, and human services staff. Public safety staff include:
✓ Police officers (including state police
officers)
✓ Sheriffs and deputy sheriffs
✓ Firefighters
✓ Emergency medical responders
✓ Correctional and detention officers
✓ Dispatchers and supervisor personnel
that directly support public safety staff
Public health staff include:
✓ Employees involved in providing medical
and other physical or mental health
services to patients and supervisory
personnel, including medical staff
assigned to schools, prisons, and other
such institutions
✓ Laboratory technicians, medical
examiners, morgue staff, and other
support services essential for patient
care
✓ Employees of public health
departments directly engaged in
public health matters and related
supervisory personnel
Human services staff include:
✓ Employees providing or administering
social services and public benefits
✓ Child welfare services employees
✓ Child, elder, or family care employees
2. Assess portion of time spent on COVID-19 response for eligible staff.
Recipients can use a variety of methods to assess the share of an employees’ time spent responding
to COVID-19, including using reasonable estimates—such as estimating the share of time based on
discussions with staff and applying that share to all employees in that position.
For administrative convenience, recipients can consider public health and safety employees entirely
devoted to responding to COVID-19 (and their payroll and benefits fully covered by SLFRF) if the
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
employee, or his or her operating unit or division, is “primarily dedicated” to responding to COVID-
19. Primarily dedicated means that more than half of the employee, unit, or division’s time is
dedicated to responding to COVID-19.
Recipients must periodically reassess their determination and maintain records to support their
assessment, although recipients do not need to track staff hours.
3. Use SLFRF funding for payroll and covered benefits for the portion of eligible staff time spent on
COVID-19 response. SLFRF funding may be used for payroll and covered benefits for the portion of
the employees’ time spent on COVID-19 response, as calculated above, through the period of
performance.
Government Employment and Rehiring Public Sector Staff
Under the increased flexibility of the final rule, SLFRF funding may be used to support a broader set of
uses to restore and support public sector employment. Eligible uses include hiring up to a pre-pandemic
baseline that is adjusted for historic underinvestment in the public sector, providing additional funds for
employees who experienced pay cuts or were furloughed, avoiding layoffs, providing worker retention
incentives, and paying for ancillary administrative costs related to hiring, support, and retention.
• Restoring pre-pandemic employment. Recipients have two options to restore pre-pandemic
employment, depending on the recipient’s needs.
• If the recipient simply wants to hire back employees for pre-pandemic positions: Recipients
may use SLFRF funds to hire employees for the same positions that existed on January 27,
2020 but that were unfilled or eliminated as of March 3, 2021. Recipients may use SLFRF
funds to cover payroll and covered benefits for such positions through the period of
performance.
• If the recipient wants to hire above the pre-pandemic baseline and/or would like to have
flexibility in positions: Recipients may use SLFRF funds to pay for payroll and covered
benefits associated with the recipient increasing its number of budgeted FTEs up to 7.5
percent above its pre-pandemic baseline. Specifically, recipients should undergo the
following steps:
a. Identify the recipient’s budgeted FTE level on January 27, 2020. This includes all
budgeted positions, filled and unfilled. This is called the pre-pandemic baseline.
b. Multiply the pre-pandemic baseline by 1.075. This is called the adjusted pre-
pandemic baseline.
c. Identify the recipient’s budgeted FTE level on March 3, 2021, which is the beginning
of the period of performance for SLFRF funds. Recipients may, but are not required
to, exclude the number of FTEs dedicated to responding to the COVID-19 public
health emergency. This is called the actual number of FTEs.
d. Subtract the actual number of FTEs from the adjusted pre-pandemic baseline to
calculate the number of FTEs that can be covered by SLFRF funds. Recipients do not
have to hire for the same roles that existed pre-pandemic.
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U.S. Department of the Treasury
Recipients may use SLFRF funds to cover payroll and covered benefits through the period of
performance; these employees must have begun their employment on or after March 3,
2021. Recipients may only use SLFRF funds for additional FTEs hired over the March 3, 2021
level (i.e., the actual number of FTEs).
• Supporting and retaining public sector workers. Recipients can also use funds in other ways
that support the public sector workforce.10 These include:
o Providing additional funding for employees who experienced pay reductions or were
furloughed since the onset of the pandemic, up to the difference in the employee’s pay,
taking into account unemployment benefits received.
o Maintaining current compensation levels to prevent layoffs. SLFRF funds may be used
to maintain current compensation levels, with adjustments for inflation, in order to
prevent layoffs that would otherwise be necessary.
o Providing worker retention incentives, including reasonable increases in
compensation to persuade employees to remain with the employer as compared to
other employment options. Retention incentives must be entirely additive to an
employee’s regular compensation, narrowly tailored to need, and should not exceed
incentives traditionally offered by the recipient or compensation that alternative
employers may offer to compete for the employees. Treasury presumes that retention
incentives that are less than 25 percent of the rate of base pay for an individual
employee or 10 percent for a group or category of employees are reasonably
proportional to the need to retain employees, as long as other requirements are met.
• Covering administrative costs associated with administering the hiring, support, and retention
programs above.
Effective Service Delivery
SLFRF funding may be used to improve the efficacy of public health and economic programs through
tools like program evaluation, data, and outreach, as well as to address administrative needs caused or
exacerbated by the pandemic. Eligible uses include:
• Supporting program evaluation, data, and outreach through:
10 Recipients should be able to substantiate that these uses of funds are substantially due to the public health emergency or its
negative economic impacts (e.g., fiscal pressures on state and local budgets) and respond to its impacts. See the final rule for
details on these uses.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
✓ Program evaluation and evidence
resources
✓ Data analysis resources to gather,
assess, share, and use data
✓ Technology infrastructure to improve
access to and the user experience of
government IT systems, as well as
technology improvements to increase
public access and delivery of
government programs and services
✓ Community outreach and engagement
activities
✓ Capacity building resources to support
using data and evidence, including
hiring staff, consultants, or technical
assistance support
• Addressing administrative needs, including:
✓ Administrative costs for programs
responding to the public health
emergency and its economic impacts,
including non-SLFRF and non-federally
funded programs
✓ Address administrative needs caused
or exacerbated by the pandemic,
including addressing backlogs caused
by shutdowns, increased repair or
maintenance needs, and technology
infrastructure to adapt government
operations to the pandemic (e.g.,
video-conferencing software, data and
case management systems)
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U.S. DEPARTMENT OF THE TREASURY
Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
CAPITAL EXPENDITURES
As described above, the final rule clarifies that recipients may use funds for programs, services, and
capital expenditures that respond to the public health and negative economic impacts of the pandemic.
Any use of funds in this category for a capital expenditure must comply with the capital expenditure
requirements, in addition to other standards for uses of funds.
Capital expenditures are subject to the same eligibility standard as other eligible uses to respond to the
pandemic’s public health and economic impacts; specifically, they must be related and reasonably
proportional to the pandemic impact identified and reasonably designed to benefit the impacted
population or class.
For ease of administration, the final rule identifies enumerated types of capital expenditures that
Treasury has identified as responding to the pandemic’s impacts; these are listed in the applicable sub-
category of eligible uses (e.g., public health, assistance to households, etc.). Recipients may also identify
other responsive capital expenditures. Similar to other eligible uses in the SLFRF program, no pre-
approval is required for capital expenditures.
To guide recipients’ analysis of whether a capital expenditure meets the eligibility standard, recipients
(with the exception of Tribal governments) must complete and meet the requirements of a written
justification for capital expenditures equal to or greater than $1 million. For large-scale capital
expenditures, which have high costs and may require an extended length of time to complete, as well as
most capital expenditures for non-enumerated uses of funds, Treasury requires recipients to submit
their written justification as part of regular reporting. Specifically:
If a project has
total capital
expenditures
of
and the use is enumerated by Treasury
as eligible, then
and the use is beyond those
enumerated by Treasury as eligible,
then
Less than $1
million
No Written Justification required No Written Justification required
Greater than or
equal to $1
million, but
less than $10
million
Written Justification required but
recipients are not required to submit as
part of regular reporting to Treasury Written Justification required and
recipients must submit as part of regular
reporting to Treasury
$10 million or
more
Written Justification required and
recipients must submit as part of regular
reporting to Treasury
A Written Justification includes:
• Description of the harm or need to be addressed. Recipients should provide a description of the
specific harm or need to be addressed and why the harm was exacerbated or caused by the
public health emergency. Recipients may provide quantitative information on the extent and the
type of harm, such as the number of individuals or entities affected.
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• Explanation of why a capital expenditure is appropriate. For example, recipients should include
an explanation of why existing equipment and facilities, or policy changes or additional funding
to pertinent programs or services, would be inadequate.
• Comparison of proposed capital project against at least two alternative capital expenditures and
demonstration of why the proposed capital expenditure is superior. Recipients should consider
the effectiveness of the capital expenditure in addressing the harm identified and the expected
total cost (including pre-development costs) against at least two alternative capital
expenditures.
Where relevant, recipients should consider the alternatives of improving existing capital assets already
owned or leasing other capital assets.
Treasury presumes that the following capital projects are generally ineligible:
Construction of new correctional
facilities as a response to an increase in
rate of crime
Construction of new congregate
facilities to decrease spread of COVID-19
in the facility
Construction of convention centers,
stadiums, or other large capital projects
intended for general economic
development or to aid impacted
industries
In undertaking capital expenditures, Treasury encourages recipients to adhere to strong labor standards,
including project labor agreements and community benefits agreements that offer wages at or above
the prevailing rate and include local hire provisions. Treasury also encourages recipients to prioritize in
their procurements employers with high labor standards and to prioritize employers without recent
violations of federal and state labor and employment laws.
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U.S. Department of the Treasury
FRAMEWORK FOR ELIGIBLE USES BEYOND THOSE ENUMERATED
As described above, recipients have broad flexibility to identify and respond to other pandemic impacts
and serve other populations that experienced pandemic impacts, beyond the enumerated uses and
presumed eligible populations. Recipients should undergo the following steps to decide whether their
project is eligible:
Step 1. Identify COVID-19 public health or
economic impact
2. Design a response that addresses or
responds to the impact
Analysis • Can identify impact to a specific
household, business or nonprofit or to
a class of households, businesses or
nonprofits (i.e., group)
• Can also identify disproportionate
impacts, or more severe impacts, to a
specific beneficiary or to a class
• Types of responses can include a
program, service, or capital
expenditure
• Response should be related and
reasonably proportional to the harm
• Response should also be reasonably
designed to benefit impacted
individual or class
1. Identify a COVID-19 public health or negative economic impact on an individual or a class.
Recipients should identify an individual or class that is “impacted” or “disproportionately
impacted” by the COVID-19 public health emergency or its negative economic impacts as well as
the specific impact itself.
• “Impacted” entities are those impacted by the disease itself or the harmful
consequences of the economic disruptions resulting from or exacerbated by the COVID-
19 public health emergency. For example, an individual who lost their job or a small
business that saw lower revenue during a period of closure would both have
experienced impacts of the pandemic.
• “Disproportionately impacted” entities are those that experienced disproportionate
public health or economic outcomes from the pandemic; Treasury recognizes that pre-
existing disparities, in many cases, amplified the impacts of the pandemic, causing more
severe impacts in underserved communities. For example, a household living in a
neighborhood with limited access to medical care and healthy foods may have faced
health disparities before the pandemic, like a higher rate of chronic health conditions,
that contributed to more severe health outcomes during the COVID-19 pandemic.
The recipient may choose to identify these impacts at either the individual level or at a class
level. If the recipient is identifying impacts at the individual level, they should retain
documentation supporting the impact the individual experienced (e.g., documentation of lost
revenues from a small business). Such documentation can be streamlined in many cases (e.g.,
self-attestation that a household requires food assistance).
Recipients also have broad flexibility to identify a “class” – or a group of households, small
businesses, or nonprofits – that experienced an impact. In these cases, the recipients should
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first identify the class and the impact that it faced. Then, recipients only need to document that
the individuals served fall within that class; recipients do not need to document a specific impact
to each individual served. For example, a recipient could identify that restaurants in the
downtown area faced substantial declines in revenue due to decreased foot traffic from
workers; the recipient could develop a program to respond to the impact on that class and only
needs to document that the businesses being served are restaurants in the downtown area.
Recipients should keep the following considerations in mind when designating a class:
• There should be a relationship between the definition of the class and the proposed
response. Larger and less-specific classes are less likely to have experienced similar
harms, which may make it more difficult to design a response that appropriately
responds to those harms.
• Classes may be determined on a population basis or on a geographic basis, and the
response should be appropriately matched. For example, a response might be designed
to provide childcare to single parents, regardless of which neighborhood they live in, or
a response might provide a park to improve the health of a disproportionately impacted
neighborhood.
• Recipients may designate classes that experienced disproportionate impact, by
assessing the impacts of the pandemic and finding that some populations experienced
meaningfully more severe impacts than the general public. To determine these
disproportionate impacts, recipients:
o May designate classes based on academic research or government research
publications (such as the citations provided in the supplementary information in
the final rule), through analysis of their own data, or through analysis of other
existing data sources.
o May also consider qualitative research and sources to augment their analysis, or
when quantitative data is not readily available. Such sources might include
resident interviews or feedback from relevant state and local agencies, such as
public health departments or social services departments.
o Should consider the quality of the research, data, and applicability of analysis to
their determination in all cases.
• Some of the enumerated uses may also be appropriate responses to the impacts
experienced by other classes of beneficiaries. It is permissible for recipients to provide
these services to other classes, so long as the recipient determines that the response is
also appropriate for those groups.
• Recipients may designate a class based on income level, including at levels higher than
the final rule definition of "low- and moderate-income." For example, a recipient may
identify that households in their community with incomes above the final rule threshold
for low-income nevertheless experienced disproportionate impacts from the pandemic
and provide responsive services.
2. Design a response that addresses or responds to the impact. Programs, services, and other
interventions must be reasonably designed to benefit the individual or class that experienced
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the impact. They must also be related and reasonably proportional to the extent and type of
impact experienced. For example, uses that bear no relation or are grossly disproportionate to
the type or extent of the impact would not be eligible.
“Reasonably proportional” refers to the scale of the response compared to the scale of the
harm, as well as the targeting of the response to beneficiaries compared to the amount of harm
they experienced; for example, it may not be reasonably proportional for a cash assistance
program to provide a very small amount of aid to a group that experienced severe harm and a
much larger amount to a group that experienced relatively little harm. Recipients should
consider relevant factors about the harm identified and the response to evaluate whether the
response is reasonably proportional. For example, recipients may consider the size of the
population impacted and the severity, type, and duration of the impact. Recipients may also
consider the efficacy, cost, cost-effectiveness, and time to delivery of the response.
For disproportionately impacted communities, recipients may design interventions that address
broader pre-existing disparities that contributed to more severe health and economic outcomes
during the pandemic, such as disproportionate gaps in access to health care or pre-existing
disparities in educational outcomes that have been exacerbated by the pandemic.
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Premium Pay
The Coronavirus State and Local Fiscal Recovery Funds may be used to provide premium pay to eligible
workers performing essential work during the pandemic. Premium pay may be awarded to eligible
workers up to $13 per hour. Premium pay must be in addition to wages or remuneration (i.e.,
compensation) the eligible worker otherwise receives. Premium pay may not exceed $25,000 for any
single worker during the program.
Recipients should undergo the following steps to provide premium pay to eligible workers.
1. Identify an “eligible” worker. Eligible workers include workers “needed to maintain continuity
of operations of essential critical infrastructure sectors.” These sectors and occupations are
eligible:
✓ Health care
✓ Emergency response
✓ Sanitation, disinfection & cleaning
✓ Maintenance
✓ Grocery stores, restaurants, food
production, and food delivery
✓ Pharmacy
✓ Biomedical research
✓ Behavioral health
✓ Medical testing and diagnostics
✓ Home and community-based health care
or assistance with activities of daily living
✓ Family or child care
✓ Social services
✓ Public health
✓ Mortuary
✓ Critical clinical research, development,
and testing necessary for COVID-19
response
✓ State, local, or Tribal government
workforce
✓ Workers providing vital services to
Tribes
✓ Educational, school nutrition, and other
work required to operate a school
facility
✓ Laundry
✓ Elections
✓ Solid waste or hazardous materials
management, response, and cleanup
✓ Work requiring physical interaction with
patients
✓ Dental care
✓ Transportation and warehousing
✓ Hotel and commercial lodging facilities
that are used for COVID-19 mitigation
and containment
Beyond this list, the chief executive (or equivalent) of a recipient government may designate
additional non-public sectors as critical so long as doing so is necessary to protecting the health
and wellbeing of the residents of such jurisdictions.
2. Verify that the eligible worker performs “essential work,” meaning work that:
• Is not performed while teleworking from a residence; and
• Involves either:
a. regular, in-person interactions with patients, the public, or coworkers of the
individual that is performing the work; or
b. regular physical handling of items that were handled by, or are to be handled by,
patients, the public, or coworkers of the individual that is performing the work.
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3. Confirm that the premium pay “responds to” workers performing essential work during the
COVID-19 public health emergency. Under the final rule, which broadened the share of eligible
workers who can receive premium pay without a written justification, recipients may meet this
requirement in one of three ways:
• Eligible worker receiving premium pay is earning (with the premium included) at or below
150 percent of their residing state or county’s average annual wage for all occupations, as
defined by the Bureau of Labor Statistics’ Occupational Employment and Wage Statistics,
whichever is higher, on an annual basis; or
• Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act
overtime provisions; or
• If a worker does not meet either of the above requirements, the recipient must submit
written justification to Treasury detailing how the premium pay is otherwise responsive to
workers performing essential work during the public health emergency. This may include a
description of the essential worker’s duties, health, or financial risks faced due to COVID-19,
and why the recipient determined that the premium pay was responsive. Treasury
anticipates that recipients will easily be able to satisfy the justification requirement for
front-line workers, like nurses and hospital staff.
Premium pay may be awarded in installments or lump sums (e.g., monthly, quarterly, etc.) and may be
awarded to hourly, part-time, or salaried or non-hourly workers. Premium pay must be paid in addition
to wages already received and may be paid retrospectively. A recipient may not use SLFRF to merely
reimburse itself for premium pay or hazard pay already received by the worker, and premium pay may
not be paid to volunteers.
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Water & Sewer Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in
water and sewer infrastructure. State, local, and Tribal governments have a tremendous need to
address the consequences of deferred maintenance in drinking water systems and removal,
management, and treatment of sewage and stormwater, along with additional resiliency measures
needed to adapt to climate change.
Recipients may undertake the eligible projects below:
PROJECTS ELIGIBLE UNDER EPA’S CLEAN WATER STATE REVOLVING FUND (CWSRF)
Eligible projects under the CWSRF, and the final rule, include:
✓ Construction of publicly owned
treatment works
✓ Projects pursuant to implementation
of a nonpoint source pollution
management program established
under the Clean Water Act (CWA)
✓ Decentralized wastewater treatment
systems that treat municipal
wastewater or domestic sewage
✓ Management and treatment of
stormwater or subsurface drainage
water
✓ Water conservation, efficiency, or
reuse measures
✓ Development and implementation of a
conservation and management plan
under the CWA
✓ Watershed projects meeting the
criteria set forth in the CWA
✓ Energy consumption reduction for
publicly owned treatment works
✓ Reuse or recycling of wastewater,
stormwater, or subsurface drainage
water
✓ Security of publicly owned treatment
works
Treasury encourages recipients to review the EPA handbook for the CWSRF for a full list of eligibilities.
PROJECTS ELIGIBLE UNDER EPA’S DRINKING WATER STATE REVOLVING FUND (DWSRF)
Eligible drinking water projects under the DWSRF, and the final rule, include:
✓ Facilities to improve drinking water
quality
✓ Transmission and distribution,
including improvements of water
pressure or prevention of
contamination in infrastructure and
lead service line replacements
✓ New sources to replace contaminated
drinking water or increase drought
resilience, including aquifer storage
and recovery system for water storage
✓ Green infrastructure, including green
roofs, rainwater harvesting collection,
permeable pavement
✓ Storage of drinking water, such as to
prevent contaminants or equalize
water demands
✓ Purchase of water systems and
interconnection of systems
✓ New community water systems
Treasury encourages recipients to review the EPA handbook for the DWSRF for a full list of eligibilities.
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ADDITIONAL ELIGIBLE PROJECTS
With broadened eligibility under the final rule, SLFRF funds may be used to fund additional types of
projects— such as additional stormwater infrastructure, residential wells, lead remediation, and certain
rehabilitations of dams and reservoirs — beyond the CWSRF and DWSRF, if they are found to be
“necessary” according to the definition provided in the final rule and outlined below.
✓ Culvert repair, resizing, and removal,
replacement of storm sewers, and
additional types of stormwater
infrastructure
✓ Infrastructure to improve access to
safe drinking water for individual
served by residential wells, including
testing initiatives, and
treatment/remediation strategies that
address contamination
✓ Dam and reservoir rehabilitation if
primary purpose of dam or reservoir is
for drinking water supply and project
is necessary for provision of drinking
water
✓ Broad set of lead remediation projects
eligible under EPA grant programs
authorized by the Water
Infrastructure Improvements for the
Nation (WIIN) Act, such as lead
testing, installation of corrosion
control treatment, lead service line
replacement, as well as water quality
testing, compliance monitoring, and
remediation activities, including
replacement of internal plumbing and
faucets and fixtures in schools and
childcare facilities
A “necessary” investment in infrastructure must be:
(1) responsive to an identified need to achieve or maintain an adequate minimum level of service,
which may include a reasonable projection of increased need, whether due to population
growth or otherwise,
(2) a cost-effective means for meeting that need, taking into account available alternatives, and
(3) for investments in infrastructure that supply drinking water in order to meet projected
population growth, projected to be sustainable over its estimated useful life.
Please note that DWSRF and CWSRF-eligible projects are generally presumed to be necessary
investments. Additional eligible projects generally must be responsive to an identified need to achieve
or maintain an adequate minimum level of service. Recipients are only required to assess cost-
effectiveness of projects for the creation of new drinking water systems, dam and reservoir
rehabilitation projects, or projects for the extension of drinking water service to meet population
growth needs. Recipients should review the supplementary information to the final rule for more details
on requirements applicable to each type of investment.
APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements
and community benefits agreements that offer wages at or above the prevailing rate and include local
hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with
high labor standards and to prioritize employers without recent violations of federal and state labor and
employment laws.
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
U.S. Department of the Treasury
Broadband Infrastructure
The Coronavirus State and Local Fiscal Recovery Funds may be used to make necessary investments in
broadband infrastructure, which has been shown to be critical for work, education, healthcare, and civic
participation during the public health emergency. The final rule broadens the set of eligible broadband
infrastructure investments that recipients may undertake.
Recipients may pursue investments in broadband infrastructure meeting technical standards detailed
below, as well as an expanded set of cybersecurity investments.
BROADBAND INFRASTRUCTURE INVESTMENTS
Recipients should adhere to the following requirements when designing a broadband infrastructure
project:
1. Identify an eligible area for investment. Recipients are encouraged to prioritize projects that
are designed to serve locations without access to reliable wireline 100/20 Mbps broadband
service (meaning service that reliably provides 100 Mbps download speed and 20 Mbps upload
speed through a wireline connection), but are broadly able to invest in projects designed to
provide service to locations with an identified need for additional broadband investment.
Recipients have broad flexibility to define need in their community. Examples of need could
include:
✓ Lack of access to a reliable high-speed
broadband connection
✓ Lack of affordable broadband
✓ Lack of reliable service
If recipients are considering deploying broadband to locations where there are existing and
enforceable federal or state funding commitments for reliable service of at least 100/20 Mbps,
recipients must ensure that SLFRF funds are designed to address an identified need for
additional broadband investment that is not met by existing federal or state funding
commitments. Recipients must also ensure that SLFRF funds will not be used for costs that will
be reimbursed by the other federal or state funding streams.
2. Design project to meet high-speed technical standards. Recipients are required to design
projects to, upon completion, reliably meet or exceed symmetrical 100 Mbps download and
upload speeds. In cases where it is not practicable, because of the excessive cost of the project
or geography or topography of the area to be served by the project, eligible projects may be
designed to reliably meet or exceed 100/20 Mbps and be scalable to a minimum of symmetrical
100 Mbps download and upload speeds.
Treasury encourages recipients to prioritize investments in fiber-optic infrastructure wherever
feasible and to focus on projects that will achieve last-mile connections. Further, Treasury
encourages recipients to prioritize support for broadband networks owned, operated by, or
affiliated with local governments, nonprofits, and co-operatives.
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3. Require enrollment in a low-income subsidy program. Recipients must require the service
provider for a broadband project that provides service to households to either:
✓ Participate in the FCC’s Affordable
Connectivity Program (ACP)
✓ Provide access to a broad-based
affordability program to low-income
consumers that provides benefits
commensurate to ACP
Treasury encourages broadband services to also include at least one low-cost option offered
without data usage caps at speeds sufficient for a household with multiple users to
simultaneously telework and engage in remote learning. Recipients are also encouraged to
consult with the community on affordability needs.
CYBERSECURITY INVESTMENTS
SLFRF may be used for modernization of cybersecurity for existing and new broadband infrastructure,
regardless of their speed delivery standards. This includes modernization of hardware and software.
APPLICABLE STANDARDS & REQUIREMENTS
Treasury encourages recipients to adhere to strong labor standards, including project labor agreements
and community benefits agreements that offer wages at or above the prevailing rate and include local
hire provisions. Treasury also encourages recipients to prioritize in their procurements employers with
high labor standards and to prioritize employers without recent violations of federal and state labor and
employment laws.
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Restrictions on Use
While recipients have considerable flexibility to use Coronavirus State and Local Fiscal Recovery Funds to
address the diverse needs of their communities, some restrictions on use of funds apply.
OFFSET A REDUCTION IN NET TAX REVENUE
• States and territories may not use this funding to directly or indirectly offset a reduction in net
tax revenue resulting from a change in law, regulation, or administrative interpretation
beginning on March 3, 2021, through the last day of the fiscal year in which the funds
provided have been spent. If a state or territory cuts taxes during this period, it must
demonstrate how it paid for the tax cuts from sources other than SLFRF, such as by enacting
policies to raise other sources of revenue, by cutting spending, or through higher revenue due to
economic growth. If the funds provided have been used to offset tax cuts, the amount used for
this purpose must be repaid to the Treasury.
DEPOSITS INTO PENSION FUNDS
• No recipients except Tribal governments may use this funding to make a deposit to a pension
fund. Treasury defines a “deposit” as an extraordinary contribution to a pension fund for the
purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited,
recipients may use funds for routine payroll contributions connected to an eligible use of funds
(e.g., for public health and safety staff). Examples of extraordinary payments include ones that:
Reduce a liability incurred prior to the
start of the COVID-19 public health
emergency and occur outside the
recipient's regular timing for making the
payment
Occur at the regular time for pension
contributions but is larger than a regular
payment would have been
ADDITIONAL RESTRICTIONS AND REQUIREMENTS
Additional restrictions and requirements that apply across all eligible use categories include:
• No debt service or replenishing financial reserves. Since SLFRF funds are intended to be used
prospectively, recipients may not use SLFRF funds for debt service or replenishing financial
reserves (e.g., rainy day funds).
• No satisfaction of settlements and judgments. Satisfaction of any obligation arising under or
pursuant to a settlement agreement, judgment, consent decree, or judicially confirmed debt
restructuring in a judicial, administrative, or regulatory proceeding is itself not an eligible use.
However, if a settlement requires the recipient to provide services or incur other costs that are
an eligible use of SLFRF funds, SLFRF may be used for those costs.
• Additional general restrictions. SLFRF funds may not be used for a project that conflicts with or
contravenes the purpose of the American Rescue Plan Act statute (e.g., uses of funds that
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undermine COVID-19 mitigation practices in line with CDC guidance and recommendations) and
may not be used in violation of the Award Terms and Conditions or conflict of interest
requirements under the Uniform Guidance. Other applicable laws and regulations, outside of
SLFRF program requirements, may also apply (e.g., laws around procurement, contracting,
conflicts-of-interest, environmental standards, or civil rights).
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Coronavirus State & Local Fiscal Recovery Funds: Overview of the Final Rule
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Program Administration
The Coronavirus State and Local Fiscal Recovery Funds final rule details a number of administrative
processes and requirements, including on distribution of funds, timeline for use of funds, transfer of
funds, treatment of loans, use of funds to meet non-federal match or cost-share requirements,
administrative expenses, reporting on use of funds, and remediation and recoupment of funds used for
ineligible purposes. This section provides a summary for the most frequently asked questions.
TIMELINE FOR USE OF FUNDS
Under the SLFRF, funds must be used for costs incurred on or after March 3, 2021. Further, costs must
be obligated by December 31, 2024, and expended by December 31, 2026.
TRANSFERS
Recipients may undertake projects on their own or through subrecipients, which carry out eligible uses
on behalf of a recipient, including pooling funds with other recipients or blending and braiding SLFRF
funds with other sources of funds. Localities may also transfer their funds to the state through section
603(c)(4), which will decrease the locality’s award and increase the state award amounts.
LOANS
Recipients may generally use SLFRF funds to provide loans for uses that are otherwise eligible, although
there are special rules about how recipients should track program income depending on the length of
the loan. Recipients should consult the final rule if they seek to utilize these provisions.
NON-FEDERAL MATCH OR COST-SHARE REQUIREMENTS
Funds available under the “revenue loss” eligible use category (sections 602(c)(1)(C) and 603(c)(1)(C) of
the Social Security Act) generally may be used to meet the non-federal cost-share or matching
requirements of other federal programs. However, note that SLFRF funds may not be used as the non-
federal share for purposes of a state’s Medicaid and CHIP programs because the Office of Management
and Budget has approved a waiver as requested by the Centers for Medicare & Medicaid Services
pursuant to 2 CFR 200.102 of the Uniform Guidance and related regulations.
SLFRF funds beyond those that are available under the revenue loss eligible use category may not be
used to meet the non-federal match or cost-share requirements of other federal programs, other than
as specifically provided for by statute. As an example, the Infrastructure Investment and Jobs Act
provides that SLFRF funds may be used to meet the non-federal match requirements of authorized
Bureau of Reclamation projects and certain broadband deployment projects. Recipients should consult
the final rule for further details if they seek to utilize SLFRF funds as a match for these projects.
ADMINISTRATIVE EXPENSES
SLFRF funds may be used for direct and indirect administrative expenses involved in administering the
program. For details on permissible direct and indirect administrative costs, recipients should refer to
Treasury’s Compliance and Reporting Guidance. Costs incurred for the same purpose in like
circumstances must be treated consistently as either direct or indirect costs.
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REPORTING, COMPLIANCE & RECOUPMENT
Recipients are required to comply with Treasury’s Compliance and Reporting Guidance, which includes
submitting mandatory periodic reports to Treasury.
Funds used in violation of the final rule are subject to remediation and recoupment. As outlined in the
final rule, Treasury may identify funds used in violation through reporting or other sources. Recipients
will be provided with an initial written notice of recoupment with an opportunity to submit a request for
reconsideration before Treasury provides a final notice of recoupment. If the recipient receives an initial
notice of recoupment and does not submit a request for reconsideration, the initial notice will be
deemed the final notice. Treasury may pursue other forms of remediation and monitoring in conjunction
with, or as an alternative to, recoupment.
REVISIONS TO THE OVERVIEW OF THE FINAL RULE:
• January 18, 2022 (p. 4, p. 16): Clarification that the revenue loss standard allowance is “up to”
$10 million under the Replacing Lost Public Sector Revenue eligible use category; addition of
further information on the eligibility of general infrastructure, general economic development,
and worker development projects under the Public Health and Negative Economic Impacts
eligible use category.