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§ 35.5 Use of funds. <br />(a) In general. A recipient may only use funds to cover costs incurred during the period <br />beginning March 3, 2021, and ending December 31, 2024, for one or more of the purposes <br />enumerated in sections 602(c)(1) and 603(c)(1) of the Social Security Act, as applicable, <br />including those enumerated in § 35.6, subject to the restrictions set forth in sections 602(c)(2) <br />and 603(c)(2) of the Social Security Act, as applicable. <br />(b) Costs incurred. A cost shall be considered to have been incurred for purposes of <br />paragraph (a) of this section if the recipient has incurred an obligation with respect to such cost <br />by December 31, 2024. <br />(c) Return of funds. A recipient must return any funds not obligated by <br />December 31, 2024. A recipient must also return funds obligated by December 31, 2024 but not <br />expended by December 31, 2026. <br />§ 35.6 Eligible uses. <br />(a) In general. Subject to §§ 35.7 and 35.8, a recipient may use funds for one or more of <br />the purposes described in paragraphs (b) through (f) of this section. <br />(b) Responding to the public health emergency or its negative economic impacts. A <br />recipient may use funds to respond to the public health emergency or its negative economic <br />impacts if the use meets the criteria provided in subparagraph (b)(1) or is enumerated in <br />subparagraph (b)(3); provided that, in the case of a use of funds for a capital expenditure under <br />subparagraph (b)(1) or (b)(3), the use of funds must also meet the criteria provided in <br />subparagraph (b)(4). Treasury may also articulate additional eligible programs, services, or <br />414 <br />