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8 <br /> <br />38. May payments from the Fund be used to cover across-the-board hazard pay for employees working <br />during a state of emergency? <br />No. Hazard pay means additional pay for performing hazardous duty or work involving physical <br />hardship, in each case that is related to COVID-19. Payments from the fund may only be used to <br />cover such hazard pay. <br />39. May Fund payments be used for expenditures related to the administration of Fund payments by a <br />State, territorial, local, or Tribal government? <br />Yes, if the administrative expenses represent an increase over previously budgeted amounts and are <br />limited to what is necessary. For example, a State may expend Fund payments on necessary <br />administrative expenses incurred with respect to a new grant program established to disburse amounts <br />received from the Fund. <br />40. May recipients use Fund payments to provide loans? <br />Yes, if the loans otherwise qualify as eligible expenditures under section 601(d) of the Social Security <br />Act as implemented by the Guidance. Any amounts repaid by the borrower before December 30, <br />2020, must be either returned to Treasury upon receipt by the unit of government providing the loan <br />or used for another expense that qualifies as an eligible expenditure under section 601(d) of the Social <br />Security Act. Any amounts not repaid by the borrower until after December 30, 2020, must be <br />returned to Treasury upon receipt by the unit of government lending the funds. <br />41. May Fund payments be used for expenditures necessary to prepare for a future COVID-19 <br />outbreak? <br />Fund payments may be used only for expenditures necessary to address the current COVID-19 public <br />health emergency. For example, a State may spend Fund payments to create a reserve of personal <br />protective equipment or develop increased intensive care unit capacity to support regions in its <br />jurisdiction not yet affected, but likely to be impacted by the current COVID-19 pandemic. <br />42. May funds be used to satisfy non-federal matching requirements under the Stafford Act? <br />Yes, payments from the Fund may be used to meet the non-federal matching requirements for <br />Stafford Act assistance, including FEMA’s Emergency Management Performance Grant (EMPG) and <br />EMPG Supplemental programs, to the extent such matching requirements entail COVID-19-related <br />costs that otherwise satisfy the Fund’s eligibility criteria and the Stafford Act. Regardless of the use <br />of Fund payments for such purposes, FEMA funding is still dependent on FEMA’s determination of <br />eligibility under the Stafford Act. <br />43. Must a State, local, or tribal government require applications to be submitted by businesses or <br />individuals before providing assistance using payments from the Fund? <br />Governments have discretion to determine how to tailor assistance programs they establish in <br />response to the COVID-19 public health emergency. However, such a program should be structured <br />in such a manner as will ensure that such assistance is determined to be necessary in response to the <br />COVID-19 public health emergency and otherwise satisfies the requirements of the CARES Act and <br />other applicable law. For example, a per capita payment to residents of a particular jurisdiction <br />without an assessment of individual need would not be an appropriate use of payments from the Fund. <br />294 <br />294