42 U.S.C. 801 (U.S. Code, current edition)

Summary

The U.S. Code text of 42 U.S.C. § 801, Coronavirus relief fund, in Title 42—The Public Health and Welfare, with notes. It appropriates $150,000,000,000 for fiscal year 2020 for making payments to States, Tribal governments, and units of local government. Payments may cover only costs that are necessary expenditures incurred due to the public health emergency with respect to COVID–19, were not accounted for in the budget most recently approved as of March 27, 2020, and were incurred during a period that begins on March 1, 2020. A unit of local government must provide a certification signed by its Chief Executive, and the Inspector General of the Department of the Treasury shall conduct monitoring and oversight of the funds.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

Cite this document

“42 U.S.C. 801 (U.S. Code, current edition).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/42-u-s-c-801-u-s-code-current-edition-7f0d3385c3/, SHA-256 6a5597d97cb23c949b8ec185a1e94b675c036ddf5271d05b075823bd0bc80ee9.

Full text

Page 2471 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 801

vances or reimbursement, installments, and conditions, local government under this section,
prior to the general amendment of title V of the Social $150,000,000,000 for fiscal year 2020.
Security Act by Pub. L. 90–248, § 301. See sections 701
and 702 of this title. Section 531 of act Aug. 14, 1935, as (2) Reservation of funds
originally enacted, appropriated funds for vocational Of the amount appropriated under paragraph
rehabilitation, and was classified to section 45b of Title (1), the Secretary shall reserve—
29, Labor. It was omitted as superseded by section 31 of (A) $3,000,000,000 of such amount for mak-
Title 29.
Section 729–1, act Aug. 14, 1935, ch. 531, title V, § 532,
ing payments to the District of Columbia,
as added July 30, 1965, Pub. L. 89–97, title II, § 205(3), 79 the Commonwealth of Puerto Rico, the
Stat. 354, provided for projects for health of school and United States Virgin Islands, Guam, the
preschool children, authorized appropriations of Commonwealth of the Northern Mariana Is-
$15,000,000; $35,000,000; $40,000,000; $45,000,000; and lands, and American Samoa; and
$50,000,000 for fiscal years ending June 30, 1966, 1967, (B) $8,000,000,000 of such amount for mak-
1968, 1969, and 1970, respectively; provided for grants to ing payments to Tribal governments.
State health agencies, medical and dental schools, and
teaching hospitals, limitations on payments, eligibility (b) Authority to make payments
for grants, comprehensive care and services; and pro- (1) In general
vided for payments to States, adjustments, advances or
reimbursement, installments, and conditions, prior to
Subject to paragraph (2), not later than 30
the general amendment of title V of the Social Secu- days after March 27, 2020, the Secretary shall
rity Act by Pub. L. 90–248, § 301. See sections 701 and 702 pay each State and Tribal government, and
of this title. each unit of local government that meets the
Section 729a, act Aug. 14, 1935, ch. 531, title V, § 533, condition described in paragraph (2), the
formerly § 532, as added Oct. 24, 1963, Pub. L. 88–156, § 4, amount determined for the State, Tribal gov-
77 Stat. 274; renumbered July 30, 1965, Pub. L. 89–97, ernment, or unit of local government, for fis-
title II, § 205(2), 79 Stat. 354, provided for research cal year 2020 under subsection (c).
projects relating to maternal and child health services
and crippled children’s services, authorized appropria- (2) Direct payments to units of local govern-
tions of $8,000,000 for fiscal year ending June 30, 1964, ment
and each subsequent fiscal year; and provided for pay- If a unit of local government of a State sub-
ments to eligible institutions, agencies, and organiza-
tions, adjustments, advances or reimbursements, in-
mits the certification required by subsection
stallments, and conditions, prior to the general amend- (e) for purposes of receiving a direct payment
ment of title V of the Social Security Act by Pub. L. from the Secretary under the authority of this
90–248, § 301. See sections 701 and 702 of this title. paragraph, the Secretary shall reduce the
Section 731, acts Aug. 14, 1935, ch. 531, title V, § 541, 49 amount determined for that State by the rel-
Stat. 634; 1946 Reorg. Plan No. 2, § 1, eff. July 16, 1946, ative unit of local government population pro-
11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, portion amount described in subsection (c)(5)
§ 401(b)(8), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III, pt. and pay such amount directly to such unit of
6, § 361(e), title IV, § 402(a), 64 Stat. 558, required the Ad-
ministrator to make studies and investigations to pro-
local government.
mote efficient administration of sections 701 to 703, 704, (c) Payment amounts
705, 711 to 715, 721 to 729a, and 731 of this title, prior to (1) In general
the general amendment of title V of the Social Secu-
rity Act by Pub. L. 90–248, § 301. See section 713 of this Subject to paragraph (2), the amount paid
title. under this section for fiscal year 2020 to a
State that is 1 of the 50 States shall be the
SUBCHAPTER VI—CORONAVIRUS RELIEF, amount equal to the relative population pro-
FISCAL RECOVERY, AND CRITICAL CAP- portion amount determined for the State
ITAL PROJECTS FUNDS under paragraph (3) for such fiscal year.
(2) Minimum payment
Editorial Notes
(A) In general
CODIFICATION
No State that is 1 of the 50 States shall re-
2021—Pub. L. 117–2, title IX, § 9901(b), Mar. 11, 2021, 135 ceive a payment under this section for fiscal
Stat. 236, substituted ‘‘, FISCAL RECOVERY, AND
year 2020 that is less than $1,250,000,000.
CRITICAL CAPITAL PROJECTS FUNDS’’ for ‘‘FUND’’
in subchapter heading. (B) Pro rata adjustments
PRIOR PROVISIONS The Secretary shall adjust on a pro rata
basis the amount of the payments for each of
A prior subchapter VI related to temporary State fis-
the 50 States determined under this sub-
cal relief, prior to repeal by act Aug. 14, 1935, ch. 531,
title VI, § 601(g), as added Pub. L. 108–27, title IV, section without regard to this subparagraph
§ 401(b), May 28, 2003, 117 Stat. 768. to the extent necessary to comply with the
Another prior subchapter VI related to grants to requirements of subparagraph (A).
States for services to the aged, blind, or disabled and (3) Relative population proportion amount
consisted of sections 801 to 805, prior to repeal by Pub.
L. 93–647, § 3(b), Jan. 4, 1975, 88 Stat. 2349. For purposes of paragraph (1), the relative
population proportion amount determined
§ 801. Coronavirus relief fund under this paragraph for a State for fiscal year
(a) Appropriation 2020 is the product of—
(A) the amount appropriated under para-
(1) In general graph (1) of subsection (a) for fiscal year 2020
Out of any money in the Treasury of the that remains after the application of para-
United States not otherwise appropriated, graph (2) of that subsection; and
there are appropriated for making payments (B) the relative State population propor-
to States, Tribal governments, and units of tion (as defined in paragraph (4)).
§ 801 TITLE 42—THE PUBLIC HEALTH AND WELFARE Page 2472

(4) Relative State population proportion de- (1) are necessary expenditures incurred due
fined to the public health emergency with respect to
For purposes of paragraph (3)(B), the term the Coronavirus Disease 2019 (COVID–19);
‘‘relative State population proportion’’ means, (2) were not accounted for in the budget
with respect to a State, the quotient of— most recently approved as of March 27, 2020,
(A) the population of the State; and for the State or government; and
(B) the total population of all States (ex- (3) were incurred during the period that be-
cluding the District of Columbia and terri- gins on March 1, 2020, and ends on December
tories specified in subsection (a)(2)(A)). 31, 2021 (or, in the case of costs incurred by a
Tribal government, during the period that be-
(5) Relative unit of local government popu- gins on March 1, 2020, and ends on December
lation proportion amount 31, 2022).
For purposes of subsection (b)(2), the term (e) Certification
‘‘relative unit of local government population
proportion amount’’ means, with respect to a In order to receive a payment under this sec-
unit of local government and a State, the tion, a unit of local government shall provide
amount equal to the product of— the Secretary with a certification signed by the
(A) 45 percent of the amount of the pay- Chief Executive for the unit of local government
ment determined for the State under this that the local government’s proposed uses of the
subsection (without regard to this para- funds are consistent with subsection (d).
graph); and (f) Inspector General oversight; recoupment
(B) the amount equal to the quotient of— (1) Oversight authority
(i) the population of the unit of local
government; and The Inspector General of the Department of
(ii) the total population of the State in the Treasury shall conduct monitoring and
which the unit of local government is lo- oversight of the receipt, disbursement, and use
cated. of funds made available under this section.
(6) District of Columbia and territories (2) Recoupment
The amount paid under this section for fis- If the Inspector General of the Department
cal year 2020 to a State that is the District of of the Treasury determines that a State, Trib-
Columbia or a territory specified in subsection al government, or unit of local government
(a)(2)(A) shall be the amount equal to the has failed to comply with subsection (d), the
product of— amount equal to the amount of funds used in
(A) the amount set aside under subsection violation of such subsection shall be booked as
(a)(2)(A) for such fiscal year; and a debt of such entity owed to the Federal Gov-
(B) each such District’s and territory’s ernment. Amounts recovered under this sub-
share of the combined total population of section shall be deposited into the general
the District of Columbia and all such terri- fund of the Treasury.
tories, as determined by the Secretary. (3) Appropriation
(7) Tribal governments Out of any money in the Treasury of the
From the amount set aside under subsection United States not otherwise appropriated,
(a)(2)(B) for fiscal year 2020, the amount paid there are appropriated to the Office of the In-
under this section for fiscal year 2020 to a spector General of the Department of the
Tribal government shall be the amount the Treasury, $35,000,000 to carry out oversight and
Secretary shall determine, in consultation recoupment activities under this subsection.
with the Secretary of the Interior and Indian Amounts appropriated under the preceding
Tribes, that is based on increased expenditures sentence shall remain available until ex-
of each such Tribal government (or a tribally- pended.
owned entity of such Tribal government) rel- (4) Authority of Inspector General
ative to aggregate expenditures in fiscal year Nothing in this subsection shall be con-
2019 by the Tribal government (or tribally- strued to diminish the authority of any In-
owned entity) and determined in such manner spector General, including such authority as
as the Secretary determines appropriate to en- provided in the Inspector General Act of 1978 (5
sure that all amounts available under sub- U.S.C. App.).1
section (a)(2)(B) for fiscal year 2020 are distrib-
(g) Definitions
uted to Tribal governments.
In this section:
(8) Data
(1) Indian Tribe
For purposes of this subsection, the popu-
lation of States and units of local govern- The term ‘‘Indian Tribe’’ has the meaning
ments shall be determined based on the most given that term in section 5304(e) of title 25.
recent year for which data are available from (2) Local government
the Bureau of the Census.
The term ‘‘unit of local government’’ means
(d) Use of funds a county, municipality, town, township, vil-
A State, Tribal government, and unit of local lage, parish, borough, or other unit of general
government shall use the funds provided under a government below the State level with a popu-
payment made under this section to cover only lation that exceeds 500,000.
those costs of the State, Tribal government, or
unit of local government that— 1 See References in Text note below.
Page 2473 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 802

(3) Secretary § 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;
The term ‘‘Secretary’’ means the Secretary renumbered title XII, § 1213, by Pub. L. 92–294. § 3(b),
of the Treasury. May 16, 1972, 86 Stat. 137; renumbered title XIII, § 1313,
(4) State 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.
The term ‘‘State’’ means the 50 States, the 936.
District of Columbia, the Commonwealth of
Puerto Rico, the United States Virgin Islands, § 802. Coronavirus State fiscal recovery fund
Guam, the Commonwealth of the Northern (a) Appropriation
Mariana Islands, and American Samoa.
In addition to amounts otherwise available,
(5) Tribal government there is appropriated for fiscal year 2021, out of
The term ‘‘Tribal government’’ means the any money in the Treasury not otherwise appro-
recognized governing body of an Indian Tribe. priated—
(1) $219,800,000,000, to remain available
(Aug. 14, 1935, ch. 531, title VI, § 601, as added through December 31, 2024 (except as provided
Pub. L. 116–136, div. A, title V, § 5001(a), Mar. 27, in subsection (c)(5)), for making payments
2020, 134 Stat. 501; amended Pub. L. 116–260, div. under this section to States, territories, and
N, title X, § 1001, Dec. 27, 2020, 134 Stat. 2145; Pub. Tribal governments to mitigate the fiscal ef-
L. 117–328, div. LL, § 104, Dec. 29, 2022, 136 Stat. fects stemming from the public health emer-
6105.) gency with respect to the Coronavirus Disease
(COVID–19); and
Editorial Notes (2) $50,000,000, to remain available until ex-
REFERENCES IN TEXT pended, for the costs of the Secretary for ad-
ministration of the funds established under
The Inspector General Act of 1978, referred to in sub-
this subchapter.
sec. (f)(4), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101,
which was set out in the Appendix to Title 5, Govern- (b) Authority to make payments
ment Organization and Employees, and was substan- (1) Payments to territories
tially repealed and restated in chapter 4 (§ 401 et seq.) (A) In general
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 The Secretary shall reserve $4,500,000,000 of
into chapter 4 of Title 5, see Disposition Table pre- the amount appropriated under subsection
ceding section 101 of Title 5. (a)(1) to make payments to the territories.
PRIOR PROVISIONS (B) Allocation
A prior section 801, act Aug. 14, 1935, ch. 531, title VI,
Of the amount reserved under subpara-
§ 601, as added Pub. L. 108–27, title IV, § 401(b), May 28, graph (A)—
2003, 117 Stat. 766, related to temporary State fiscal re- (i) 50 percent of such amount shall be al-
lief, prior to repeal by act Aug. 14, 1935, ch. 531, title VI, located by the Secretary equally to each
§ 601(g), as added Pub. L. 108–27, title IV, § 401(b), May 28, territory; and
2003, 117 Stat. 768. (ii) 50 percent of such amount shall be al-
Another prior section 801, act Aug. 14, 1935, ch. 531, located by the Secretary as an additional
title VI, § 601, as added Oct. 30, 1972, Pub. L. 92–603, title amount to each territory in an amount
III, § 302, 86 Stat. 1478, authorized appropriations for en- which bears the same proportion to 1⁄2 of
couraging States to furnish rehabilitation to needy in-
the total amount reserved under subpara-
dividuals 65 years of age or older, and the blind or dis-
abled, prior to repeal by Pub. L. 93–647, §§ 3(b), 7(b), Jan. graph (A) as the population of the terri-
4, 1975, 88 Stat. 2349, 2351. tory bears to the total population of all
Another prior section 801, acts Aug. 14, 1935, ch. 531, such territories.
title VI, § 601, 49 Stat. 634; Aug. 10, 1939, ch. 666, title V, (C) Payment
§ 509, 53 Stat. 1381, which provided appropriations for
the purpose of assisting States and subdivisions in
The Secretary shall pay each territory the
maintaining adequate public health services, was re- total of the amounts allocated for the terri-
pealed by act July 1, 1944, ch. 373, title XIII, § 1313, for- tory under subparagraph (B) in accordance
merly title VI, § 611, 58 Stat. 719. See section 246 of this with paragraph (6).
title. (2) Payments to Tribal governments
AMENDMENTS (A) In general
2022—Subsec. (d)(3). Pub. L. 117–328 inserted ‘‘(or, in The Secretary shall reserve $20,000,000,000
the case of costs incurred by a Tribal government, dur- of the amount appropriated under subsection
ing the period that begins on March 1, 2020, and ends on (a)(1) to make payments to Tribal govern-
December 31, 2022)’’ before period at end. ments.
2020—Subsec. (d)(3). Pub. L. 116–260 substituted ‘‘De- (B) Allocation
cember 31, 2021’’ for ‘‘December 30, 2020’’.
Of the amount reserved under subpara-
Statutory Notes and Related Subsidiaries graph (A)—
(i) $1,000,000,000 shall be allocated by the
RENUMBERING OF REPEALING ACT Secretary equally among each of the Trib-
Act July 1, 1944, ch. 373, title VI, § 611, 58 Stat. 719, al governments; and
which repealed prior sections 801 to 803, was renum- (ii) $19,000,000,000 shall be allocated by
bered title VII, § 711, by act Aug. 13, 1946, ch. 958, § 5, 60 the Secretary to the Tribal governments
Stat. 1049; renumbered § 713 by act Feb. 28, 1948, ch. 83, in a manner determined by the Secretary.
§ 9(b), 62 Stat. 47; renumbered title VIII, § 813, by act
(C) Payment
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 The Secretary shall pay each Tribal gov-
Stat. 919; renumbered title X, § 1013, by Pub. L. 89–239, ernment the total of the amounts allocated

File and source

File: USCODE-mostrecent-title42-sec801.pdf
Size: 142,832 bytes
SHA-256: 6a5597d97cb23c949b8ec185a1e94b675c036ddf5271d05b075823bd0bc80ee9
Our copy: USCODE-mostrecent-title42-sec801.pdf
Original: www.govinfo.gov