S. 3671, State & Local Emergency Stabilization Fund Act of 2020
Summary
S. 3671, the State & Local Emergency Stabilization Fund Act of 2020, was introduced May 7, 2020 by Mr. Reed and referred to the Committee on Appropriations. It is a bill to amend title VI of the Social Security Act to provide additional funding for States, Tribal governments, and local communities. New section 602 appropriates $600,000,000,000 for fiscal year 2020, with reservations of $3,000,000,000 for territories, $10,000,000,000 for Tribal governments and $205,000,000,000 for payments to local communities. No State may receive less than $5,000,000,000, and the Secretary must make payments not later than 15 days after enactment.
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“S. 3671, State & Local Emergency Stabilization Fund Act of 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s3671is-bills-116s3671is/
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II
116TH CONGRESS
2D SESSION
S. 3671
To amend title VI of the Social Security Act to provide additional funding
for States, Tribal governments, and local communities due to the
Coronavirus Disease 2019 (COVID–19) public health emergency, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 7, 2020
Mr. REED introduced the following bill; which was read twice and referred to
the Committee on Appropriations
A BILL
To amend title VI of the Social Security Act to provide
additional funding for States, Tribal governments, and
local communities due to the Coronavirus Disease 2019
(COVID–19) public health emergency, and for other pur-
poses.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘State & Local Emer-
5 gency Stabilization Fund Act of 2020’’.
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1 SEC. 2. ADDITIONAL FUNDING FOR CORONAVIRUS RELIEF
2 FOR STATES, TRIBAL GOVERNMENTS, AND
3 LOCAL COMMUNITIES.
4 Title VI of the Social Security Act (42 U.S.C. 801
5 et seq.) is amended by adding at the end the following:
6 ‘‘SEC. 602. ADDITIONAL FUNDING FOR CORONAVIRUS RE-
7 LIEF FOR STATES, TRIBAL GOVERNMENTS,
8 AND LOCAL COMMUNITIES.
9 ‘‘(a) APPROPRIATION.—
10 ‘‘(1) IN GENERAL.—Out of any money in the
11 Treasury of the United States not otherwise appro-
12 priated, there are appropriated for making payments
13 under this section to States, Tribal governments,
14 and local communities described in subsection (c)(6),
15 $600,000,000,000 for fiscal year 2020. The amount
16 appropriated under this paragraph and paid in ac-
17 cordance with this section shall be in addition to the
18 amount appropriated under subsection (a) of section
19 601 and paid to States, Tribal governments, and
20 units of local government under that section.
21 ‘‘(2) RESERVATION OF FUNDS.—Of the amount
22 appropriated under paragraph (1), the Secretary
23 shall reserve—
24 ‘‘(A) $3,000,000,000 of such amount for
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25 making payments to United States Virgin Is-
26 lands, Guam, the Commonwealth of the North-
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1 ern Mariana Islands, and American Samoa
2 under subsection (c)(7);
3 ‘‘(B) $10,000,000,000 of such amount for
4 making payments to Tribal governments under
5 subsection (c)(8);
6 ‘‘(C) $59,000,000,000 of such amount for
7 the portion of the payments made to the 50
8 States, the District of Columbia, and the Com-
9 monwealth of Puerto Rico that is determined
10 under subsection (c)(5); and
11 ‘‘(D) $205,000,000,000 of such amount
12 for making payments to local communities
13 under subsection (c)(6).
14 ‘‘(b) DEADLINE FOR PAYMENTS.—The Secretary
15 shall make the payments determined under subsection (c)
16 not later than 15 days after the date of enactment of this
17 section.
18 ‘‘(c) PAYMENT AMOUNTS.—
19 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
20 the amount paid under this section for fiscal year
21 2020 to a State that is one of the 50 States, the
22 District of Columbia, or the Commonwealth of Puer-
23 to Rico, shall be the sum of—
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1 ‘‘(A) the relative population proportion
2 amount determined for the State under para-
3 graph (3) for such fiscal year; and
4 ‘‘(B) the relative coronavirus infection rate
5 proportion amount determined for the State
6 under paragraph (5) for such fiscal year.
7 ‘‘(2) MINIMUM PAYMENT.—
8 ‘‘(A) IN GENERAL.—No State that is one
9 of the 50 States, the District of Columbia, or
10 the Commonwealth of Puerto Rico, shall receive
11 a payment under this section for fiscal year
12 2020 that is less than $5,000,000,000.
13 ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec-
14 retary shall adjust on a pro rata basis the
15 amount of the payments for each of the 50
16 States, the District of Columbia, and the Com-
17 monwealth of Puerto Rico, determined under
18 this subsection without regard to this subpara-
19 graph to the extent necessary to comply with
20 the requirements of subparagraph (A).
21 ‘‘(3) RELATIVE POPULATION PROPORTION
22 AMOUNT.—For purposes of paragraph (1)(A), the
23 relative population proportion amount determined
24 under this paragraph for a State for fiscal year
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25 2020 is the product of—
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1 ‘‘(A) the amount appropriated under sub-
2 section (a)(1) for fiscal year 2020 that remains
3 after the application of the reservations made
4 under subsection (a)(2); and
5 ‘‘(B) the relative State population propor-
6 tion (as defined in paragraph (4)) determined
7 for such fiscal year.
8 ‘‘(4) RELATIVE STATE POPULATION PROPOR-
9 TION DEFINED.—For purposes of paragraph (3)(B),
10 the term ‘relative State population proportion’
11 means, with respect to each of the 50 States, the
12 District of Columbia, and the Commonwealth of
13 Puerto Rico, the quotient of—
14 ‘‘(A) the population of the State, District
15 of Columbia, or Commonwealth of Puerto Rico
16 (as applicable); and
17 ‘‘(B) the sum of the populations of each of
18 the 50 States, the District of Columbia, and the
19 Commonwealth of Puerto Rico.
20 ‘‘(5) RELATIVE CORONAVIRUS INFECTION RATE
21 PROPORTION AMOUNT.—For purposes of paragraph
22 (1)(B), the relative coronavirus infection rate pro-
23 portion amount determined under this paragraph for
24 each of the 50 States, the District of Columbia, and
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1 the Commonwealth of Puerto Rico, for fiscal year
2 2020 is the product of—
3 ‘‘(A) the amount reserved under subsection
4 (a)(2)(C); and
5 ‘‘(B) the quotient of—
6 ‘‘(i) the coronavirus infection rate de-
7 termined for the State, District of Colum-
8 bia, or Commonwealth of Puerto Rico (as
9 applicable); and
10 ‘‘(ii) the sum of the coronavirus infec-
11 tion rates determined for each of the 50
12 States, the District of Columbia, and the
13 Commonwealth of Puerto Rico.
14 ‘‘(6) PAYMENTS TO LOCAL COMMUNITIES.—
15 ‘‘(A) IN GENERAL.—From the amount re-
16 served under subsection (a)(2)(D), the Sec-
17 retary shall pay—
18 ‘‘(i) 70 percent of the amount so re-
19 served directly to the metropolitan cities
20 and urban counties (as those terms are de-
21 fined in section 102 of the Housing and
22 Community Development Act of 1974 (42
23 U.S.C. 5302)) in the State that received
24 allocations under section 106(b) of the
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25 Housing and Community Development Act
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1 of 1974 (42 U.S.C. 5306(b)) for fiscal year
2 2019, pursuant to the same formula used
3 to make such allocations under that section
4 for such fiscal year; and
5 ‘‘(ii) subject to subparagraph (C), 30
6 percent of the amount so reserved directly
7 to each of the 50 States, to be distributed
8 by such States upon receipt on a pass-
9 through basis, and without requiring any
10 application, to units of general local gov-
11 ernment in nonentitlement areas (as such
12 terms are defined in such section 102) in
13 such States, in amounts equal to the rel-
14 ative sum of the populations of such units
15 of general local government in each such
16 State as a proportion of the total popu-
17 lation of all such units of general local gov-
18 ernment in all of the 50 States.
19 ‘‘(B) UNITS OF GENERAL LOCAL GOVERN-
20 MENT IN NONENTITLEMENT AREAS WITH OVER-
21 LAPPING POPULATIONS OR CONSOLIDATED GOV-
22 ERNMENTS.—If two or more units of general
23 local government in nonentitlement areas have
24 overlapping populations or have formed a con-
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25 solidated government—
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1 ‘‘(i) the population of the unit of gen-
2 eral local government with the largest pop-
3 ulation among such overlapping popu-
4 lations or that is part of such consolidated
5 government shall be the population used
6 for purposes of determining the amount to
7 be paid directly to a State under clause (ii)
8 of subparagraph (A); and
9 ‘‘(ii) the chief executive officer of the
10 State shall distribute the portion of such
11 payment that is based on such population
12 among the units of general local govern-
13 ment with such overlapping populations or
14 that are part of such consolidated govern-
15 ment, in amounts equal to the relative pop-
16 ulations of such units of general local gov-
17 ernment as a proportion of such payment
18 portion, unless—
19 ‘‘(I) the units of general local
20 government involved notify such chief
21 executive officer of their agreement
22 regarding how such payment portion
23 is to be distributed among them,
24 based on the aggregate population of
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25 such units of general local govern-
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1 ment, in which case such chief execu-
2 tive officer shall make distributions in
3 accordance with that agreement; or
4 ‘‘(II) in the case of a consoli-
5 dated government, the consolidated
6 government notifies such chief execu-
7 tive officer of a determination of the
8 consolidated government regarding
9 how such payment portion is to be
10 distributed among the units of local
11 government represented by the con-
12 solidated government, based on the
13 aggregate population of such units of
14 general local government, in which
15 case such chief executive officer shall
16 make distributions in accordance with
17 that determination.
18 ‘‘(C) TREATMENT OF STATES NOT ACTING
19 AS PASS-THROUGH AGENTS UNDER CDBG.—In
20 the case of a State that has not elected to dis-
21 tribute amounts allocated under section
22 106(d)(1) of the Housing and Community De-
23 velopment Act of 1974 (42 U.S.C. 5306(d)(1)),
24 the Secretary shall act in place of the State for
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25 purposes of determining the amount of, and
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1 distributing on a pass-through basis, and with-
2 out requiring any application, payments to
3 units of general local government in nonentitle-
4 ment areas in that State under subparagraph
5 (A)(ii).
6 ‘‘(7) PAYMENTS TO TERRITORIES.—The
7 amount paid under this section to the United States
8 Virgin Islands, Guam, the Commonwealth of the
9 Northern Mariana Islands, or American Samoa,
10 shall be the amount equal to the product of—
11 ‘‘(A) the amount reserved under subsection
12 (a)(2)(A); and
13 ‘‘(B) each such territory’s share of the
14 combined total population of all such territories,
15 as determined by the Secretary.
16 ‘‘(8) PAYMENTS TO TRIBAL GOVERNMENTS.—
17 The amounts paid under this section to Tribal gov-
18 ernments from the amount reserved under sub-
19 section (a)(2)(B) shall be determined in the same
20 manner as the amounts paid to Tribal governments
21 under section 601(c)(7).
22 ‘‘(9) DATA.—For purposes of determining—
23 ‘‘(A) the population of each of the 50
24 States, the District of Columbia, the Common-
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25 wealth of Puerto Rico, the United States Virgin
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1 Islands, Guam, the Commonwealth of the
2 Northern Mariana Islands, American Samoa,
3 and units of general local government, the Sec-
4 retary shall use the most recent year for which
5 data are available from the Bureau of the Cen-
6 sus; and
7 ‘‘(B) the relative coronavirus infection rate
8 proportion amounts under paragraph (5), the
9 Secretary shall use the most recent daily up-
10 dated data on the number of COVID–19 cases
11 published on the internet by the Centers for
12 Disease Control and Prevention.
13 ‘‘(d) OTHER PROVISIONS.—
14 ‘‘(1) IN GENERAL.—The amounts paid under
15 this section shall be subject to—
16 ‘‘(A) the use of funds and oversight re-
17 quirements of subsections (d) and (f) of section
18 601 in the same manner as such requirements
19 apply to the amounts paid under that section;
20 and
21 ‘‘(B) the definitions of each paragraph of
22 section 601(g) other than paragraph (2) of that
23 section.
24 ‘‘(2) IG AUTHORITY.—Notwith-
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FUNDING
25 standing section 601(f)(3), the Inspector General of
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1 the Department of the Treasury may use the
2 amount appropriated under that section to carry out
3 oversight and recoupment activities under this sec-
4 tion in addition to the oversight and recoupment ac-
5 tivities carried out under section 601(f).
6 ‘‘(3) NONAPPLICATION.—Except as otherwise
7 provided in this section, the requirements applicable
8 to the amount appropriated for fiscal year 2020
9 under section 601(a)(1) (as added by section 5001
10 of Public Law 116–136) shall not apply to the
11 amount appropriated under subsection (a) of this
12 section for such fiscal year.’’.
13 SEC. 3. ADDITIONAL AUTHORITY TO USE PAYMENTS TO
14 MAKE UP REVENUE SHORTFALLS.
15 Effective as if included in the enactment of the
16 Coronavirus Aid, Relief, and Economic Security Act (Pub-
17 lic Law 116–136), subsection (d) of section 601 of the
18 Social Security Act, as added by section 5001(a) of the
19 Coronavirus Aid, Relief, and Economic Security Act, is
20 amended to read as follows:
21 ‘‘(d) USE OF FUNDS.—
22 ‘‘(1) IN GENERAL.—A State, Tribal govern-
23 ment, and unit of local government may use the
24 funds provided under a payment made under this
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25 section for any expenditures during the period that
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1 begins on January 1, 2020, and ends on June 30,
2 2022—
3 ‘‘(A) to prevent, prepare for, or respond to
4 the public health emergency with respect to the
5 Coronavirus Disease 2019 (COVID–19) or the
6 declaration by the President under section 401
7 or 501, respectively, of the Robert T. Stafford
8 Disaster Relief and Emergency Assistance Act
9 (42 U.S.C. 5170, 5191) of a major disaster or
10 emergency with respect to COVID–19; or
11 ‘‘(B) to provide services, benefits, or assist-
12 ance, or support programs, projects, and oper-
13 ations, accounted for in the budget for the
14 State, Tribal government, or unit of local gov-
15 ernment approved for any fiscal year occurring
16 during the period that begins on January 1,
17 2020, and ends on June 30, 2022 (without re-
18 gard to any relation to the Coronavirus Disease
19 2019 (COVID–19)).
20 ‘‘(2) NON-FEDERAL FUNDING.—For the pur-
21 pose of meeting the non-Federal share requirement
22 of any Federal grant-in-aid program or other form
23 of Federal assistance, including assistance provided
24 under the Robert T. Stafford Disaster Relief and
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25 Emergency Assistance Act (42 U.S.C. 5121 et seq.)
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1 and the Medicaid program established under title
2 XIX, funds provided under a payment made under
3 this section to a State, Tribal government, or unit
4 of local government are deemed to be non-Federal
5 funds.
6 ‘‘(3) LIMITATION.—A State, Tribal government,
7 or unit of local government may not use funds pro-
8 vided under a payment made under this section to
9 provide any kind of tax cut, rebate, deduction, cred-
10 it, or any other tax benefit, or to reduce or eliminate
11 any fee imposed by the State, Tribal government, or
12 unit of local government, during the period described
13 in paragraph (1).’’.
Æ
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