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U.S. Code as of:
01/19/04
Section 801. Temporary State fiscal relief
(a) Appropriation
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.
(b) Payments
(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.
(c) Payments based on population
(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).
(d) Use of payment
(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.
(e) Certification
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.
(f) Definition of State
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.
(g) Repeal
Effective as of October 1, 2004, this subchapter is repealed.
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