42 U.S.C. § 801
Section 801 · Repealed
Viewing 42 U.S.C. § 801 as in effect on May 28, 2003. The text changed in 3 later editions (most recent December 29, 2022).
View current version →There is authorized to be appropriated and is appropriated for making payments to States under this section, $5,000,000,000 for each of fiscal years 2003 and 2004.
(1) Fiscal year 2003
From the amount appropriated under subsection (a) of this section for fiscal year 2003, the Secretary of the Treasury shall, not later than the later of the date that is 45 days after May 28, 2003, or the date that a State provides the certification required by subsection (e) of this section for fiscal year 2003, pay each State the amount determined for the State for fiscal year 2003 under subsection (c) of this section.
(2) Fiscal year 2004
From the amount appropriated under subsection (a) of this section for fiscal year 2004, the Secretary of the Treasury shall, not later than the later of October 1, 2003, or the date that a State provides the certification required by subsection (e) of this section for fiscal year 2004, pay each State the amount determined for the State for fiscal year 2004 under subsection (c) of this section.
(1) In general
Subject to paragraph (2), the amount appropriated under subsection (a) of this section for each of fiscal years 2003 and 2004 shall be used to pay each State an amount equal to the relative population proportion amount described in paragraph (3) for such fiscal year.
(2) Minimum payment
(A) In general
No State shall receive a payment under this section for a fiscal year that is less than—
(i) in the case of 1 of the 50 States or the District of Columbia, 1/2 of 1 percent of the amount appropriated for such fiscal year under subsection (a) of this section; and
(ii) in the case of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa, 1/10 of 1 percent of the amount appropriated for such fiscal year under subsection (a) of this section.
(B) Pro rata adjustments
The Secretary of the Treasury shall adjust on a pro rata basis the amount of the payments to States determined under this section without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A).
(3) Relative population proportion amount
The relative population proportion amount described in this paragraph is the product of—
(A) the amount described in subsection (a) of this section for a fiscal year; and
(B) the relative State population proportion (as defined in paragraph (4)).
(4) Relative State population proportion defined
For purposes of paragraph (3)(B), the term “relative State population proportion” means, with respect to a State, the amount equal to the quotient of—
(A) the population of the State (as reported in the most recent decennial census); and
(B) the total population of all States (as reported in the most recent decennial census).
(1) In general
Subject to paragraph (2), a State shall use the funds provided under a payment made under this section for a fiscal year to—
(A) provide essential government services; or
(B) cover the costs to the State of complying with any Federal intergovernmental mandate (as defined in section 658(5) of title 2) to the extent that the mandate applies to the State, and the Federal Government has not provided funds to cover the costs.
(2) Limitation
A State may only use funds provided under a payment made under this section for types of expenditures permitted under the most recently approved budget for the State.
In order to receive a payment under this section for a fiscal year, the State shall provide the Secretary of the Treasury with a certification that the State's proposed uses of the funds are consistent with subsection (d) of this section.
In this section, 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.
Effective as of October 1, 2004, this subchapter is repealed.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
May 28, 2003, referred to in subsec. (b)(1), was in the original “the date of enactment of this Act”, and was translated as reading “the date of enactment of Pub. L. 108–27”, which enacted this section, to reflect the probable intent of Congress.
Prior Provisions
Prior sections 801 to 805 were repealed by Pub. L. 93–647, §§3(b), 7(b), Jan. 4, 1975, 88 Stat. 2349, 2351, effective with respect to payments under section 803 for quarters commencing after Sept. 30, 1975.
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.
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 XI, §1113, 58 Stat. 714. See section 246 of this title.
Section 802, act Aug. 14, 1935, ch. 531, title VI, §602, as added Oct. 30, 1972, Pub. L. 92–603, title III, §302, 86 Stat. 1479, set out the necessary provisions for State plans for services to the aged, blind, or disabled.
Another prior section 802, act Aug. 14, 1935, ch. 531, title VI, §602, 49 Stat. 634, which provided for allotments to States by Surgeon General, was repealed by act July 1, 1944, ch. 373, title XI, §1113, 58 Stat. 714. See section 246 of this title.
Section 803, act Aug. 14, 1935, ch. 531, title VI, §603, as added Oct. 30, 1972, Pub. L. 92–603, title III, §302, 86 Stat. 1481, provided for payments to States under approved plans for services to the aged, blind, or disabled.
Another prior section 803, act Aug. 14, 1935, ch. 531, title VI, §603, 49 Stat. 635, which provided for allotments to States by appropriations for investigation of diseases by Public Health Service, was repealed by act July 1, 1944, ch. 373, title XI, §1113, 58 Stat. 714. See section 246 of this title.
Section 804, act Aug. 14, 1935, ch. 531, title VI, §604, as added Oct. 30, 1972, Pub. L. 92–603, title III, §302, 86 Stat. 1484, provided for notification to States and termination of payments in case of noncompliance with laws or State plan.
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, defined “services to the aged, blind or disabled”.
Renumbering of Repealing Act
Section 611 of act July 1, 1944, which repealed prior sections 801 to 803, was renumbered §711 by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049, §713 by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47, §813 by act July 30, 1956, ch. 779, §3(b), 70 Stat. 720, §913 by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919, §1013 by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931, and §1113 by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506.