42 U.S.C. § 801 — Coronavirus relief fund

Page 2471 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 801 vances or reimbursement, installments, and conditions, prior to the general amendment of title V of the Social Security Act by Pub. L. 90–248, § 301. See sections 701 and 702 of this title. Section 531 of act Aug. 14, 1935, as originally enacted, appropriated funds for vocational rehabilitation, and was classified to section 45b of Title 29, Labor. It was omitted as superseded by section 31 of Title 29. Section 729–1, act Aug. 14, 1935, ch. 531, title V, § 532, as added July 30, 1965, Pub. L. 89–97, title II, § 205(3), 79 Stat. 354, provided for projects for health of school and preschool children, authorized appropriations of $15,000,000; $35,000,000; $40,000,000; $45,000,000; and $50,000,000 for fiscal years ending June 30, 1966, 1967, 1968, 1969, and 1970, respectively; provided for grants to State health agencies, medical and dental schools, and teaching hospitals, limitations on payments, eligibility for grants, comprehensive care and services; and pro- vided for payments to States, adjustments, advances or reimbursement, installments, and conditions, prior to the general amendment of title V of the Social Secu- rity Act by Pub. L. 90–248, § 301. See sections 701 and 702 of this title. Section 729a, act Aug. 14, 1935, ch. 531, title V, § 533, formerly § 532, as added Oct. 24, 1963, Pub. L. 88–156, § 4, 77 Stat. 274; renumbered July 30, 1965, Pub. L. 89–97, title II, § 205(2), 79 Stat. 354, provided for research projects relating to maternal and child health services and crippled children’s services, authorized appropria- tions of $8,000,000 for fiscal year ending June 30, 1964, and each subsequent fiscal year; and provided for pay- ments to eligible institutions, agencies, and organiza- tions, adjustments, advances or reimbursements, in- stallments, and conditions, prior to the general amend- ment of title V of the Social Security Act by Pub. L. 90–248, § 301. See sections 701 and 702 of this title. Section 731, acts Aug. 14, 1935, ch. 531, title V, § 541, 49 Stat. 634; 1946 Reorg. Plan No. 2, § 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, § 401(b)(8), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(e), title IV, § 402(a), 64 Stat. 558, required the Ad- ministrator to make studies and investigations to pro- mote efficient administration of sections 701 to 703, 704, 705, 711 to 715, 721 to 729a, and 731 of this title, prior to the general amendment of title V of the Social Secu- rity Act by Pub. L. 90–248, § 301. See section 713 of this title. SUBCHAPTER VI—CORONAVIRUS RELIEF, FISCAL RECOVERY, AND CRITICAL CAP- ITAL PROJECTS FUNDS Editorial Notes CODIFICATION 2021—Pub. L. 117–2, title IX, § 9901(b), Mar. 11, 2021, 135 Stat. 236, substituted ‘‘, FISCAL RECOVERY, AND CRITICAL CAPITAL PROJECTS FUNDS’’ for ‘‘FUND’’ in subchapter heading. PRIOR PROVISIONS A prior subchapter VI related to temporary State fis- cal 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 subchapter VI related to grants to States for services to the aged, blind, or disabled and consisted of sections 801 to 805, prior to repeal by Pub. L. 93–647, § 3(b), Jan. 4, 1975, 88 Stat. 2349. § 801. Coronavirus relief fund (a) Appropriation (1) In general 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) Reservation of funds Of the amount appropriated under paragraph (1), the Secretary shall reserve— (A) $3,000,000,000 of such amount for mak- ing payments to the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Is- lands, and American Samoa; and (B) $8,000,000,000 of such amount for mak- ing payments to Tribal governments. (b) Authority to make payments (1) In general 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 gov- ernment, or unit of local government, for fis- cal year 2020 under subsection (c). (2) Direct payments to units of local govern- ment If a unit of local government of a State sub- mits 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 rel- ative unit of local government population pro- portion amount described in subsection (c)(5) and pay such amount directly to such unit of local government. (c) Payment amounts (1) In general 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 pro- portion amount determined for the State under paragraph (3) for such fiscal year. (2) Minimum payment (A) In general No State that is 1 of the 50 States shall re- ceive a payment under this section for fiscal year 2020 that is less than $1,250,000,000. (B) Pro rata adjustments The Secretary shall adjust on a pro rata basis the amount of the payments for each of the 50 States determined under this sub- section without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). (3) Relative population proportion amount 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 para- graph (1) of subsection (a) for fiscal year 2020 that remains after the application of para- graph (2) of that subsection; and (B) the relative State population propor- tion (as defined in paragraph (4)). Page 2472 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 801 1 See References in Text note below. (4) Relative State population proportion de- fined 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 (ex- cluding the District of Columbia and terri- tories specified in subsection (a)(2)(A)). (5) Relative unit of local government popu- lation proportion amount 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 pay- ment determined for the State under this subsection (without regard to this para- graph); 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 lo- cated. (6) District of Columbia and territories The amount paid under this section for fis- cal 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 terri- tories, as determined by the Secretary. (7) Tribal governments 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) rel- ative 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 en- sure that all amounts available under sub- section (a)(2)(B) for fiscal year 2020 are distrib- uted to Tribal governments. (8) Data For purposes of this subsection, the popu- lation of States and units of local govern- ments shall be determined based on the most recent year for which data are available from the Bureau of the Census. (d) Use of funds 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 be- gins 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 be- gins on March 1, 2020, and ends on December 31, 2022). (e) Certification In order to receive a payment under this sec- tion, 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) Inspector General oversight; recoupment (1) Oversight authority 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) Recoupment If the Inspector General of the Department of the Treasury determines that a State, Trib- al 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 Gov- ernment. Amounts recovered under this sub- section shall be deposited into the general fund of the Treasury. (3) Appropriation Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Office of the In- spector 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 ex- pended. (4) Authority of Inspector General Nothing in this subsection shall be con- strued to diminish the authority of any In- spector General, including such authority as provided in the Inspector General Act of 1978 (5 U.S.C. App.).1 (g) Definitions In this section: (1) Indian Tribe The term ‘‘Indian Tribe’’ has the meaning given that term in section 5304(e) of title 25. (2) Local government The term ‘‘unit of local government’’ means a county, municipality, town, township, vil- lage, parish, borough, or other unit of general government below the State level with a popu- lation that exceeds 500,000. Page 2473 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 802 (3) Secretary The term ‘‘Secretary’’ means the Secretary of the Treasury. (4) State 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) Tribal government The term ‘‘Tribal government’’ means the recognized governing body of an Indian Tribe. (Aug. 14, 1935, ch. 531, title VI, § 601, as added Pub. L. 116–136, div. A, title V, § 5001(a), Mar. 27, 2020, 134 Stat. 501; amended Pub. L. 116–260, div. N, title X, § 1001, Dec. 27, 2020, 134 Stat. 2145; Pub. L. 117–328, div. LL, § 104, Dec. 29, 2022, 136 Stat. 6105.) Editorial Notes REFERENCES IN TEXT The Inspector General Act of 1978, referred to in sub- 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- ment Organization and Employees, and was substan- tially 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 pre- ceding 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 re- lief, 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 en- couraging States to furnish rehabilitation to needy in- 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. 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 re- pealed by act July 1, 1944, ch. 373, title XIII, § 1313, for- merly 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, dur- ing 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 ‘‘De- cember 31, 2021’’ for ‘‘December 30, 2020’’. Statutory Notes and Related Subsidiaries RENUMBERING OF REPEALING ACT Act July 1, 1944, ch. 373, title VI, § 611, 58 Stat. 719, which repealed prior sections 801 to 803, was renum- bered 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. § 802. Coronavirus State fiscal recovery fund (a) Appropriation In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appro- priated— (1) $219,800,000,000, to remain available through December 31, 2024 (except as provided in subsection (c)(5)), for making payments under this section to States, territories, and Tribal governments to mitigate the fiscal ef- fects stemming from the public health emer- gency with respect to the Coronavirus Disease (COVID–19); and (2) $50,000,000, to remain available until ex- pended, for the costs of the Secretary for ad- ministration of the funds established under this subchapter. (b) Authority to make payments (1) Payments to territories (A) In general The Secretary shall reserve $4,500,000,000 of the amount appropriated under subsection (a)(1) to make payments to the territories. (B) Allocation Of the amount reserved under subpara- graph (A)— (i) 50 percent of such amount shall be al- located by the Secretary equally to each territory; and (ii) 50 percent of such amount shall be al- located by the Secretary as an additional amount to each territory in an amount which bears the same proportion to 1⁄2 of the total amount reserved under subpara- graph (A) as the population of the terri- tory bears to the total population of all such territories. (C) Payment The Secretary shall pay each territory the total of the amounts allocated for the terri- tory under subparagraph (B) in accordance with paragraph (6). (2) Payments to Tribal governments (A) In general The Secretary shall reserve $20,000,000,000 of the amount appropriated under subsection (a)(1) to make payments to Tribal govern- ments. (B) Allocation Of the amount reserved under subpara- graph (A)— (i) $1,000,000,000 shall be allocated by the Secretary equally among each of the Trib- al governments; and (ii) $19,000,000,000 shall be allocated by the Secretary to the Tribal governments in a manner determined by the Secretary. (C) Payment The Secretary shall pay each Tribal gov- ernment the total of the amounts allocated