§801 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Makes $150,000,000,000 available from the U.S. Treasury to pay States, Tribal governments, and large local governments for fiscal year 2020. From that total, $3,000,000,000 is held aside for the District of Columbia and the territories (Puerto Rico, U.S. Virgin Islands, Guam, Northern Mariana Islands, and American Samoa) and $8,000,000,000 is held for Tribal governments. The Treasury Secretary must pay each State, Tribal government, and qualifying local government within 30 days after March 27, 2020. Money for the 50 States is split by population, but no State gets less than $1,250,000,000; payments are adjusted if needed to meet that minimum. A large local government (population over 500,000) can get its share directly if its chief executive signs a promise that the money will be used correctly. If a local government gets a direct payment, the State’s payment is reduced by an amount equal to 45% of the State’s payment times the local share of the State population. Tribal money is allocated by the Secretary, with help from the Secretary of the Interior and tribes, based on increased tribal spending compared to 2019. Funds may only pay necessary costs caused by COVID–19 that were not in budgets approved by March 27, 2020, and were spent from March 1, 2020 through December 31, 2021 (tribes through December 31, 2022). The Treasury Inspector General will watch use of the money. Any funds used wrongly must be repaid to the U.S., and $35,000,000 is provided for oversight and recovery. Defined terms: Indian Tribe — meaning used in title 25; unit of local government — county or similar local government with population over 500,000; Secretary — Secretary of the Treasury; State — the 50 States, D.C., and the listed territories; Tribal government — the recognized governing body of an Indian Tribe.

Title 42, §801

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

(a)(1)Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for making payments to States, Tribal governments, and units of local government under this section, $150,000,000,000 for fiscal year 2020.

(2)Of the amount appropriated under paragraph (1), the Secretary shall reserve—

(A)$3,000,000,000 of such amount for making payments to the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa; and

(B)$8,000,000,000 of such amount for making payments to Tribal governments.

(b)(1)Subject to paragraph (2), not later than 30 days after March 27, 2020, the Secretary shall pay each State and Tribal government, and each unit of local government that meets the condition described in paragraph (2), the amount determined for the State, Tribal government, or unit of local government, for fiscal year 2020 under subsection (c).

(2)If a unit of local government of a State submits the certification required by subsection (e) for purposes of receiving a direct payment from the Secretary under the authority of this paragraph, the Secretary shall reduce the amount determined for that State by the relative unit of local government population proportion amount described in subsection (c)(5) and pay such amount directly to such unit of local government.

(c)(1)Subject to paragraph (2), the amount paid under this section for fiscal year 2020 to a State that is 1 of the 50 States shall be the amount equal to the relative population proportion amount determined for the State under paragraph (3) for such fiscal year.

(2)(A)No State that is 1 of the 50 States shall receive a payment under this section for fiscal year 2020 that is less than $1,250,000,000.

(B)The Secretary shall adjust on a pro rata basis the amount of the payments for each of the 50 States determined under this subsection without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A).

(3)For purposes of paragraph (1), the relative population proportion amount determined under this paragraph for a State for fiscal year 2020 is the product of—

(A)the amount appropriated under paragraph (1) of subsection (a) for fiscal year 2020 that remains after the application of paragraph (2) of that subsection; and

(B)the relative State population proportion (as defined in paragraph (4)).

(4)For purposes of paragraph (3)(B), the term “relative State population proportion” means, with respect to a State, the quotient of—

(A)the population of the State; and

(B)the total population of all States (excluding the District of Columbia and territories specified in subsection (a)(2)(A)).

(5)For purposes of subsection (b)(2), the term “relative unit of local government population proportion amount” means, with respect to a unit of local government and a State, the amount equal to the product of—

(A)45 percent of the amount of the payment determined for the State under this subsection (without regard to this paragraph); and

(B)the amount equal to the quotient of—

(i)the population of the unit of local government; and

(ii)the total population of the State in which the unit of local government is located.

(6)The amount paid under this section for fiscal year 2020 to a State that is the District of Columbia or a territory specified in subsection (a)(2)(A) shall be the amount equal to the product of—

(A)the amount set aside under subsection (a)(2)(A) for such fiscal year; and

(B)each such District’s and territory’s share of the combined total population of the District of Columbia and all such territories, as determined by the Secretary.

(7)From the amount set aside under subsection (a)(2)(B) for fiscal year 2020, the amount paid under this section for fiscal year 2020 to a Tribal government shall be the amount the Secretary shall determine, in consultation with the Secretary of the Interior and Indian Tribes, that is based on increased expenditures of each such Tribal government (or a tribally-owned entity of such Tribal government) relative to aggregate expenditures in fiscal year 2019 by the Tribal government (or tribally-owned entity) and determined in such manner as the Secretary determines appropriate to ensure that all amounts available under subsection (a)(2)(B) for fiscal year 2020 are distributed to Tribal governments.

(8)For purposes of this subsection, the population of States and units of local governments shall be determined based on the most recent year for which data are available from the Bureau of the Census.

(d)A State, Tribal government, and unit of local government shall use the funds provided under a payment made under this section to cover only those costs of the State, Tribal government, or unit of local government that—

(1)are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19);

(2)were not accounted for in the budget most recently approved as of March 27, 2020, for the State or government; and

(3)were incurred during the period that begins on March 1, 2020, and ends on December 31, 2021 (or, in the case of costs incurred by a Tribal government, during the period that begins on March 1, 2020, and ends on December 31, 2022).

(e)In order to receive a payment under this section, a unit of local government shall provide the Secretary with a certification signed by the Chief Executive for the unit of local government that the local government’s proposed uses of the funds are consistent with subsection (d).

(f)(1)The Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the receipt, disbursement, and use of funds made available under this section.

(2)If the Inspector General of the Department of the Treasury determines that a State, Tribal government, or unit of local government has failed to comply with subsection (d), the amount equal to the amount of funds used in violation of such subsection shall be booked as a debt of such entity owed to the Federal Government. Amounts recovered under this subsection shall be deposited into the general fund of the Treasury.

(3)Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Office of the Inspector General of the Department of the Treasury, $35,000,000 to carry out oversight and recoupment activities under this subsection. Amounts appropriated under the preceding sentence shall remain available until expended.

(4)Nothing in this subsection shall be construed to diminish the authority of any Inspector General, including such authority as provided in the Inspector General Act of 1978 (5 U.S.C. App.).11 See References in Text note below.

(g)In this section:

(1)The term “Indian Tribe” has the meaning given that term in section 5304(e) of title 25.

(2)The term “unit of local government” means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level with a population that exceeds 500,000.

(3)The term “Secretary” means the Secretary of the Treasury.

(4)The term “State” means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.

(5)The term “Tribal government” means the recognized governing body of an Indian Tribe.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Inspector General Act of 1978, referred to in subsec. (f)(4), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 4 (§ 401 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4206, 4361. For disposition of sections of the Act into chapter 4 of Title 5, see Disposition Table preceding section 101 of Title 5.

Prior Provisions

A prior section 801, act Aug. 14, 1935, ch. 531, title VI, § 601, as added Pub. L. 108–27, title IV, § 401(b),

May 28, 2003, 117 Stat. 766, related to temporary State fiscal relief, prior to repeal by act Aug. 14, 1935, ch. 531, title VI, § 601(g), as added Pub. L. 108–27, title IV, § 401(b),

May 28, 2003, 117 Stat. 768. Another prior section 801, act Aug. 14, 1935, ch. 531, title VI, § 601, as added Oct. 30, 1972, Pub. L. 92–603, title III, § 302, 86 Stat. 1478, authorized appropriations for encouraging States to furnish rehabilitation to needy individuals 65 years of age or older, and the blind or disabled, prior to repeal by Pub. L. 93–647, §§ 3(b), 7(b), Jan. 4, 1975, 88 Stat. 2349, 2351. Another prior section 801, acts Aug. 14, 1935, ch. 531, title VI, § 601, 49 Stat. 634; Aug. 10, 1939, ch. 666, title V, § 509, 53 Stat. 1381, which provided appropriations for the purpose of assisting States and subdivisions in maintaining adequate public health services, was repealed by act

July 1, 1944, ch. 373, title XIII, § 1313, formerly title VI, § 611, 58 Stat. 719. See section 246 of this title.

Amendments

2022—Subsec. (d)(3). Pub. L. 117–328 inserted “(or, in the case of costs incurred by a Tribal government, during the period that begins on

March 1, 2020, and ends on

December 31, 2022)” before period at end. 2020—Subsec. (d)(3). Pub. L. 116–260 substituted “

December 31, 2021” for “

December 30, 2020”.

Statutory Notes and Related Subsidiaries

Renumbering of Repealing ActAct

July 1, 1944, ch. 373, title VI, § 611, 58 Stat. 719, which repealed prior sections 801 to 803, was renumbered title VII, § 711, by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049; renumbered § 713 by act Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47; renumbered title VIII, § 813, by act

July 30, 1956, ch. 779, § 3(b), 70 Stat. 721; renumbered title IX, § 913, by Pub. L. 88–581, § 4(b), Sept. 4, 1964, 78 Stat. 919; renumbered title X, § 1013, by Pub. L. 89–239, § 3(b), Oct. 6, 1965, 79 Stat. 931; renumbered title XI, § 1113, by Pub. L. 91–572, § 6(b), Dec. 24, 1970, 84 Stat. 1506; renumbered title XII, § 1213, by Pub. L. 92–294. § 3(b),

May 16, 1972, 86 Stat. 137; renumbered title XIII, § 1313, by Pub. L. 93–154, § 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and repealed by Pub. L. 93–222, § 7(b), Dec. 29, 1973, 87 Stat. 936.

§801 Coronavirus relief fund