Sec. 191301. Congressional intent relating to Tribal Governments eligible for Coronavirus Relief Fund payments
511 words·~2 min read·
/bill/116/hr/6800/eh/section-191301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The purpose of this section and the amendments made by subsection
(b)is to affirm the April 27, 2020, memorandum and decision of the United States District Court for the District of Columbia in Confederated Tribes of the Chehalis Reservation et al v. Mnuchin (Case No. 1:20–cv–01002) and clarify the intent of Congress that only Federally recognized Tribal Governments are eligible for payments from the Coronavirus Relief Fund established in section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ). Effective as if included in the enactment of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ), section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act, is amended— in subsection (c)(7), by striking Indian Tribes and inserting Tribal Governments ; and in subsection (g)— by striking paragraph (1); by redesignating paragraphs
(2)through
(5)as paragraphs
(1)through (4), respectively; and by striking paragraph
(4)(as redesignated by subparagraph (B)) and inserting the following: The term Tribal Government means the recognized governing body of 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 the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). . The Secretary of the Treasury shall require any entity that was not eligible to receive a payment from the amount set aside for fiscal year 2020 under subsection (a)(2)(B) of section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ) and after the application of the amendments made by subsection
(a)clarifying congressional intent relating to eligibility for such a payment, to return the full payment to the Department. The Secretary of the Treasury shall distribute payments returned under paragraph (1), without further appropriation or fiscal year limitation and not later than 7 days after receiving any returned funds as required under paragraph
(1)to Tribal Governments eligible for payments under such section 601 of the Social Security Act, as amended by subsection (a), in accordance with subsection (c)(7) of such Act. The Secretary of the Treasury is prohibited from requiring an entity that is eligible for a payment from the amount set aside for fiscal year 2020 under subsection (a)(2)(B) of section 601 of the Social Security Act, as amended by subsection(a), and that received a payment before the date of enactment of this Act, from requiring the entity to return all or part of the payment except to the extent authorized under section 601(f) of such Act in the case of a determination by the Inspector General of the Department of the Treasury that the Tribal government failed to comply with the use of funds requirements of section 601(d) of such Act.
Connectionstraces to 2
Traces to 2 documents
Citation graph
cites case law
Sec. 191301
Congressional intent relating to Tribal Governments eligible for Coronavirus Relief Fund payments
Cites 2Cited by 0 across 0 sources