Title 42The Public Health and WelfareRelease 119-73

§805 Local assistance and Tribal consistency fund

Title 42 › Chapter CHAPTER 7— - SOCIAL SECURITY › Subchapter SUBCHAPTER VI— - CORONAVIRUS RELIEF, FISCAL RECOVERY, AND CRITICAL CAPITAL PROJECTS FUNDS › § 805

Last updated Apr 6, 2026|Official source

Summary

The law provides $2,000,000,000 from the U.S. Treasury for local and Tribal payments. The money is available until September 30, 2023. The Treasury must set aside money to pay eligible counties and Tribal governments for fiscal years 2022 and 2023. For each of those years, $750,000,000 is set aside for eligible revenue sharing counties and $250,000,000 is set aside for eligible Tribal governments. County amounts are decided by the Secretary using 20 years of economic data ending September 30, 2021. Recipients can spend the money on any government purpose except lobbying. Counties and consolidated governments must send periodic reports that show how they used the funds. If a recipient uses money for lobbying, it must repay the misused amount. If it fails to send required reports, it must repay an amount the Secretary finds appropriate, but not more than 5 percent of what it received for all years. Short definitions: eligible revenue sharing consolidated government — a merged county/parish/borough with a federal program loss; eligible revenue sharing county — an independent county/parish/borough that is the main local government and has a federal program loss (includes DC, Puerto Rico, Guam, and the U.S. Virgin Islands); eligible Tribal government — the recognized governing body of an eligible Tribe; eligible Tribe — tribes listed as of March 11, 2021 under 25 U.S.C. 5131; Secretary — the Secretary of the Treasury. Also, for fiscal years 2023 and 2024 the Secretary must pay each eligible consolidated government an amount equal to what it would have gotten for 2022 if treated like a county, using the Treasury’s allocation method as of December 29, 2022. Those extra payments come from county amounts not requested by January 31, 2023 and from amounts provided under section 102(d)(4) of the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act.

Full Legal Text

Title 42, §805

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

(a)In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 to remain available until September 30, 2023, with amounts to be obligated, subject to subsection (g), for each of fiscal years 2022 and 2023 in accordance with subsection (b), for making payments under this section to eligible revenue sharing counties and eligible Tribal governments.
(b)(1)For each of fiscal years 2022 and 2023, the Secretary shall reserve $750,000,000 of the total amount appropriated under subsection (a) to allocate and pay to each eligible revenue sharing county in amounts that are determined by the Secretary taking into account economic conditions of each eligible revenue sharing county, using measurements of poverty rates, household income, land values, and unemployment rates as well as other economic indicators, over the 20-year period ending with September 30, 2021.
(2)For each of fiscal years 2022 and 2023, the Secretary shall reserve $250,000,000 of the total amount appropriated under subsection (a) to allocate and pay to eligible Tribal governments in amounts that are determined by the Secretary taking into account economic conditions of each eligible Tribe.
(c)An eligible revenue sharing county, an eligible Tribal government, or an eligible revenue sharing consolidated government may use funds provided under a payment made under this section for any governmental purpose other than a lobbying activity.
(d)Any eligible revenue sharing county or eligible revenue sharing consolidated government receiving a payment under this section shall provide to the Secretary periodic reports providing a detailed accounting of the uses of fund by such eligible revenue sharing county or eligible revenue sharing consolidated government and such other information as the Secretary may require for the administration of this section.
(e)Any eligible revenue sharing county or eligible revenue sharing consolidated government that has failed to submit a report required under subsection (d) or failed to comply with subsection (c), shall be required to repay to the Secretary an amount equal to—
(1)in the case of a failure to comply with subsection (c), the amount of funds used in violation of such subsection; and
(2)in the case of a failure to submit a report required under subsection (d), such amount as the Secretary determines appropriate, but not to exceed 5 percent of the amount paid to the eligible revenue sharing county or eligible revenue sharing consolidated government under this section for all fiscal years.
(f)In this section:
(1)The term “eligible revenue sharing consolidated government” means a county, parish, or borough—
(A)that has been classified by the Bureau of the Census as an active government consolidated with another government; and
(B)for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program.
(2)The term “eligible revenue sharing county” means—
(A)a county, parish, or borough—
(i)that is independent of any other unit of local government; and
(ii)that, as determined by the Secretary, is the principal provider of government services for the area within its jurisdiction; and
(iii)for which, as determined by the Secretary, there is a negative revenue impact due to implementation of a Federal program or changes to such program; and
(B)the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.
(3)The term “eligible Tribal government” means the recognized governing body of an eligible Tribe.
(4)The term “eligible Tribe” means any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of March 11, 2021 pursuant to section 5131 of title 25.
(5)The term “Secretary” means the Secretary of the Treasury.
(g)(1)The Secretary shall allocate and pay to each eligible revenue sharing consolidated government for each of fiscal years 2023 and 2024 an amount equal to the amount that the Secretary would have allocated to such eligible revenue sharing consolidated government for fiscal year 2022 if all eligible revenue sharing consolidated governments had been treated as eligible revenue sharing counties for purposes of being eligible for payments under subsection (b)(1) for such fiscal year using the allocation methodology adopted by the Department of the Treasury for such eligible revenue sharing counties as of December 29, 2022.
(2)(A)The Secretary shall make the allocations and payments described in paragraph (1) from the amounts described in subparagraph (B), which shall be available to the Secretary for such purpose notwithstanding any other provision of law.
(B)The amounts described in this subparagraph are the following:
(i)Any amount allocated to an eligible revenue sharing county under subsection (b)(1) for fiscal year 2022 or 2023 that, as of January 31, 2023, has not been requested by such county.
(ii)Amounts made available to the Secretary under section 102(d)(4) of the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 102(d)(4) of the State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act, referred to in subsec. (g)(2)(B)(ii), is section 102(d)(4) of div. LL of Pub. L. 117–328, Dec. 29, 2022, 136 Stat. 6104, which is not classified to the Code.

Prior Provisions

A prior section 805, act Aug. 14, 1935, ch. 531, title VI, § 605, as added Oct. 30, 1972, Pub. L. 92–603, title III, § 302, 86 Stat. 1484, which defined “services to the aged, blind or disabled”, was repealed by Pub. L. 93–647, §§ 3(b), 7(b), Jan. 4, 1975, 88 Stat. 2349, 2351.

Amendments

2022—Subsec. (a). Pub. L. 117–328, § 103(b)(1), inserted “, subject to subsection (g),” after “amounts to be obligated”. Subsec. (c). Pub. L. 117–328, § 103(b)(2), substituted “, an eligible Tribal government, or an eligible revenue sharing consolidated government” for “or an eligible Tribal government”. Subsec. (d). Pub. L. 117–328, § 103(b)(3), inserted “or eligible revenue sharing consolidated government” after “eligible revenue sharing county” in two places. Subsec. (e). Pub. L. 117–328, § 103(b)(3), inserted “or eligible revenue sharing consolidated government” after “eligible revenue sharing county” in introductory provisions and in par. (2). Subsec. (f). Pub. L. 117–328, § 103(b)(4), added par. (1) and redesignated former pars. (1) to (4) as (2) to (5), respectively. Subsec. (g). Pub. L. 117–328, § 103(a), added subsec. (g).

Reference

Citations & Metadata

Citation

42 U.S.C. § 805

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73