Congressional Record, Amendments to SA 891 on H.R. 1319 — Senate, March 4, 2021
Summary
This Congressional Record, Senate, March 4, 2021 section continues amendment text and lists amendments submitted to SA 891, proposed by Mr. Schumer to H.R. 1319, a bill to provide for reconciliation pursuant to title II of S. Con. Res. 5. The text includes Sec. 9683, State and Local Tax Certainty, covering employees working remotely and out-of-jurisdiction businesses during a covered period, and a provision setting the Federal medical assistance percentage at 100 per centum for services received through an Urban Indian organization. An offset strikes $219,800,000,000 and inserts $218,000,000,000. SA 949 is submitted by Mr. Hoeven and SA 952 by Mr. Marshall.
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“Congressional Record, Amendments to SA 891 on H.R. 1319 — Senate, March 4, 2021.”
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1201
jurisdiction other than the taxing jurisdic- duties are deemed to have been performed year quarter beginning after the date of the
tion of the employee’s residence during such under subsection (a), in which case the tax- enactment of the American Rescue Plan Act
year as a result of the COVID–19 public ing jurisdiction’s definition shall prevail. of 2021, the Federal medical assistance per-
health emergency, subsection (a)(2) shall be (4) OUT-OF-JURISDICTION BUSINESS.—The centage shall also be 100 per centum with re-
applied by substituting ‘‘90 days’’ for ‘‘30 term ‘‘out-of-jurisdiction business’’ means, spect to amounts expended as medical assist-
days’’. with respect to any taxing jurisdiction, any ance for services which are received through
SEC. 9683. STATE AND LOCAL TAX CERTAINTY. business entity which, excepting any em- an Urban Indian organization (as defined in
(a) STATUS OF EMPLOYEES DURING COVERED ployees of such business who are working re- paragraph (29) of section 4 of the Indian
PERIOD.—Notwithstanding section 9682(a)(2) motely within such jurisdiction during the Health Care Improvement Act) that has a
or any provision of law of a taxing jurisdic- covered period, would, under the existing law grant or contract with the Indian Health
tion, with respect to any employee who is of such taxing jurisdiction, not otherwise— Service under title V of such Act; for such 8
working remotely within such taxing juris- (A) be subject to any registration, tax- fiscal year quarters, the Federal medical as-
diction during the covered period— ation, or other related requirement for busi- sistance percentage shall also be 100 per cen-
(1) except as provided under paragraph (2), nesses operating within such jurisdiction; or tum with respect to amounts expended as
any wages earned by such employee during (B) be deemed a resident of such jurisdic- medical assistance for services which are re-
such period shall be deemed to have been tion for tax purposes. ceived through a Native Hawaiian Health
earned at the primary work location of such (5) PRIMARY WORK LOCATION.—The term Center (as defined in section 12(4) of the Na-
employee; and ‘‘primary work location’’ means, with re- tive Hawaiian Health Care Improvement
(2) if an employer, at its sole discretion, spect to an employee, the address of the em- Act) or a qualified entity (as defined in sec-
maintains a system that tracks where such ployer where the employee is regularly as- tion 6(b) of such Act) that has a grant or con-
employee performs duties on a daily basis, signed to work when such employee is not tract with the Papa Ola Lokahi under sec-
wages earned by such employee may, at the working remotely during the covered period. tion 8 of such Act; and for such 8 fiscal year
election of such employer, be treated as (6) TAXING JURISDICTION.—The term ‘‘tax- quarters, the Federal medical assistance per-
earned at the location in which such duties ing jurisdiction’’ has the same meaning centage shall also be 100 per centum with re-
were remotely performed. given such term under section 9682(d)(4). spect to amounts expended as medical assist-
(b) STATUS OF BUSINESSES DURING COVERED (7) WAGES.—The term ‘‘wages’’ means all ance for services furnished to an Indian or
PERIOD.—Notwithstanding any provision of wages and other remuneration paid to an Alaska Native who is eligible for medical as-
law of a taxing jurisdiction— employee that are subject to tax or with- sistance under this title by any provider
(1) in the case of an out-of-jurisdiction holding requirements under the law of the under the State plan, provided that the
business which has any employees working taxing jurisdiction in which the employment State has entered into at least one care co-
remotely within such jurisdiction during the duties are deemed to be performed under sub- ordination agreement pursuant to State
covered period, the duties performed by such section (a) during the covered period. Health Official letter (SHO #16-002)’’.
employees within such jurisdiction during (8) WORKING REMOTELY.—The term ‘‘work- (b) OFFSET.—Section 602(a) of the Social
such period shall not be sufficient to create ing remotely’’ means the performance of du- Security Act, as added by section 9901, is
any nexus or establish any minimum con- ties by an employee at a location other than amended by striking ‘‘$219,800,000,000’’ and
tacts or level of presence that would other- the primary work location of such employee inserting ‘‘$218,000,000,000’’.
wise— at the direction of his or her employer due to
(A) subject such business to any registra- conditions resulting from the public health SA 949. Mr. HOEVEN submitted an
tion, taxation, or other related requirements emergency relating to the virus SARS–CoV– amendment intended to be proposed to
for businesses operating within such jurisdic- 2 or coronavirus disease 2019 (referred to in amendment SA 891 proposed by Mr.
tion; or this paragraph as ‘‘COVID–19’’), including— SCHUMER to the bill H.R. 1319, to pro-
(B) cause such business to be deemed a (A) to comply with any government order
vide for reconciliation pursuant to title
resident of such jurisdiction for tax pur- relating to COVID–19;
(B) to prevent the spread of COVID–19; and II of S. Con. Res. 5; which was ordered
poses; and
(C) due to the employee or a member of the to lie on the table; as follows:
(2) except as provided under subsection
employee’s family contracting COVID–19. At the appropriate place, insert the fol-
(a)(2), with respect to any tax imposed by
(d) PRESERVATION OF AUTHORITY OF TAXING lowing:
such taxing jurisdiction which is determined,
in whole or in part, based on net or gross re- JURISDICTIONS.—This section shall not be In subsection (a) of section 1001 (relating to
ceipts or income, for purposes of appor- construed as modifying, impairing, super- food supply chain and agriculture pandemic
tioning or sourcing such receipts or income, seding, or authorizing the modification, im- response), strike ‘‘$4,000,000,000’’ and insert
any duties performed by an employee of an pairment, or supersession of the law of any ‘‘$3,980,000,000’’.
out-of-jurisdiction business while working taxing jurisdiction pertaining to taxation ex- In subsection (c)(2) of section 1001 (relating
remotely during the covered period— cept as expressly provided in subsections (a) to food supply chain and agriculture pan-
(A) shall be disregarded with respect to through (c). demic response), strike ‘‘$300,000,000’’ and in-
any filing requirements for such tax; and SEC. 9684. EFFECTIVE DATE; APPLICABILITY. sert ‘‘$280,000,000’’.
(B) shall be apportioned and sourced to the (a) EFFECTIVE DATE.—Subject to sub- At the end of subtitle A of title I, add the
tax jurisdiction which includes the primary section (c), this part shall apply to calendar following:
work location of such employee. years beginning after December 31, 2019. SEC. 1lll. BUSINESS AND INDUSTRY GUARAN-
(c) DEFINITIONS.—For purposes of this sec- (b) APPLICABILITY.—This part shall not TEED LENDING PROGRAMS.
tion— apply to any tax obligation that accrues be-
In addition to amounts otherwise avail-
(1) COVERED PERIOD.—The term ‘‘covered fore January 1, 2020.
able, there is appropriated to the Secretary
period’’ means, with respect to any employee (c) TERMINATION.—Section 9682 shall not
of Agriculture for fiscal year 2021, out of any
working remotely, the period— apply to calendar years beginning after De-
money in the Treasury not otherwise appro-
(A) beginning on the date on which such cember 31, 2024.
priated, $20,000,000, to remain available until
employee began working remotely; and December 31, 2022, to prevent, prepare for,
(B) ending on the earlier of— SA 948. Mr. THUNE submitted an
and respond to coronavirus, for the cost of
(i) the date on which the employer allows, amendment intended to be proposed to loans for rural business development pro-
at the same time— amendment SA 891 proposed by Mr. grams authorized by section 310B of the Con-
(I) such employee to return to their pri- SCHUMER to the bill H.R. 1319, to pro- solidated Farm and Rural Development Act
mary work location; and vide for reconciliation pursuant to title (7 U.S.C. 1932) and described in subsection (g)
(II) not less than 90 percent of their perma- II of S. Con. Res. 5; which was ordered of that section.
nent workforce to return to such work loca- to lie on the table; as follows:
tion; or SA 950. Mr. CRAPO submitted an
(ii) December 31, 2021. Strike section 9815 and insert the fol-
lowing: amendment intended to be proposed to
(2) EMPLOYEE.—The term ‘‘employee’’ has
SEC. 9815. EXTENSION OF 100 PERCENT FEDERAL amendment SA 891 proposed by Mr.
the meaning given such term in section
3121(d) of the Internal Revenue Code of 1986,
MEDICAL ASSISTANCE PERCENTAGE SCHUMER to the bill H.R. 1319, to pro-
TO URBAN INDIAN HEALTH ORGANI- vide for reconciliation pursuant to title
unless such term is defined by the taxing ju- ZATIONS, NATIVE HAWAIIAN
risdiction in which the person’s employment II of S. Con. Res. 5; which was ordered
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HEALTH CARE SYSTEMS, AND
duties are deemed to have been performed STATES WITH CARE COORDINATION to lie on the table; as follows:
under subsection (a), in which case the tax- AGREEMENTS. Strike section 9901 and insert the fol-
ing jurisdiction’s definition shall prevail. (a) IN GENERAL.—Section 1905(b) of the So- lowing:
(3) EMPLOYER.—The term ‘‘employer’’ has cial Security Act (42 U.S.C. 1396d(b)) is SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
the meaning given such term in section amended by inserting after ‘‘(as defined in CAL RECOVERY FUNDS.
3401(d) of the Internal Revenue Code of 1986, section 4 of the Indian Health Care Improve- (a) IN GENERAL.—Title VI of the Social Se-
unless such term is defined by the taxing ju- ment Act)’’ the following: ‘‘; for the 8 fiscal curity Act (42 U.S.C. 801 et seq.) is amended
risdiction in which the person’s employment year quarters beginning with the first fiscal by adding at the end the following:
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S1202 CONGRESSIONAL RECORD — SENATE March 4, 2021
‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- of Columbia over the 3-month period ending households, small businesses, and nonprofits,
ERY FUND. with December 2020 bears to the average esti- or aid to impacted industries such as tour-
‘‘(a) APPROPRIATION.—In addition to mated number of seasonally-adjusted unem- ism, travel, and hospitality;
amounts otherwise available, there is appro- ployed individuals in all of the 50 States and ‘‘(B) for the provision of government serv-
priated for fiscal year 2021, out of any money the District of Columbia over the same pe- ices to the extent of the reduction in revenue
in the Treasury not otherwise appropriated— riod. of such State, territory, or Tribal govern-
‘‘(1) $62,800,000,000, to remain available ‘‘(C) PAYMENT.— ment due to such emergency; or
through December 31, 2024, for making pay- ‘‘(i) IN GENERAL.—Subject to clause (ii), the ‘‘(C) to make necessary investments in
ments under this section to States, terri- Secretary shall pay each of the 50 States and water, sewer, or broadband infrastructure.
tories, and Tribal governments to mitigate the District of Columbia, from the amount ‘‘(2) FURTHER RESTRICTION ON USE OF
the fiscal effects stemming from the public reserved under subparagraph (A), the total of FUNDS.—
health emergency with respect to the the amounts allocated for the State and Dis- ‘‘(A) IN GENERAL.—A State or territory
Coronavirus Disease (COVID–19); and trict of Columbia under subparagraph (B) in shall not use the funds provided under this
‘‘(2) $50,000,000, to remain available until accordance with paragraph (6). section or transferred pursuant to section
expended, for the costs of the Secretary for ‘‘(ii) MINIMUM PAYMENT REQUIREMENT.— 603(c)(4) to either directly or indirectly offset
administration of the funds established ‘‘(I) IN GENERAL.—The sum of— a reduction in the net tax revenue of such
under this title. State or territory resulting from a change in
‘‘(aa) the total amounts allocated for 1 of
‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
the 50 States or the District of Columbia law, regulation, or administrative interpre-
‘‘(1) PAYMENTS TO TERRITORIES.—
under subparagraph (B) (as determined with- tation during the covered period that re-
‘‘(A) IN GENERAL.—The Secretary shall re-
out regard to this clause); and duces any tax (by providing for a reduction
serve $1,285,000,000 of the amount appro-
‘‘(bb) the amounts allocated under section in a rate, a rebate, a deduction, a credit, or
priated under subsection (a)(1) to make pay-
603 to the State (for distribution by the otherwise) or delays the imposition of any
ments to the territories.
State to nonentitlement units of local gov- tax or tax increase.
‘‘(B) ALLOCATION.—Of the amount reserved
under subparagraph (A)— ernment in the State) and to metropolitan ‘‘(B) PENSION FUNDS.—No State or territory
‘‘(i) 50 percent of such amount shall be al- cities and counties in the State; may use funds made available under this sec-
located by the Secretary equally to each ter- shall not be less than the amount paid to the tion for deposit into any pension fund.
ritory; and State or District of Columbia for fiscal year ‘‘(3) TRANSFER AUTHORITY.—A State, terri-
‘‘(ii) 50 percent of such amount shall be al- 2020 under section 601. tory, or Tribal government receiving a pay-
located by the Secretary as an additional ‘‘(II) PRO RATA ADJUSTMENT.—The Sec- ment from funds made available under this
amount to each territory in an amount retary shall adjust on a pro rata basis the section may transfer funds to a private non-
which bears the same proportion to 1⁄2 of the amount of the allocations for each of the 50 profit organization (as that term is defined
total amount reserved under subparagraph States and the District of Columbia deter- in paragraph (17) of section 401 of the McKin-
(A) as the population of the territory bears mined under subparagraph (B)(iii) (without ney-Vento Homeless Assistance Act (42
to the total population of all such terri- regard to this clause) to the extent necessary U.S.C. 11360(17)), a Tribal organization (as
tories. to comply with the requirement of subclause that term is defined in section 4 of the In-
‘‘(C) PAYMENT.—The Secretary shall pay (I). dian Self-Determination and Education As-
each territory the total of the amounts allo- ‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.— sistance Act (25 U.S.C. 5304)), a public benefit
cated for the territory under subparagraph The amounts otherwise determined for allo- corporation involved in the transportation of
(B) in accordance with paragraph (6). cation and payment under paragraphs (1), (2), passengers or cargo, or a special-purpose
‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— and (3) may be adjusted by the Secretary on unit of State or local government.
‘‘(A) IN GENERAL.—The Secretary shall re- a pro rata basis to the extent necessary to ‘‘(d) CERTIFICATIONS AND REPORTS.—
serve $5,713,500,000 of the amount appro- ensure that all available funds are allocated ‘‘(1) IN GENERAL.—In order for a State or
priated under subsection (a)(1) to make pay- to States, territories, and Tribal govern- territory to receive a payment under this
ments to Tribal governments. ments in accordance with the requirements section, or a transfer of funds under section
‘‘(B) ALLOCATION.—Of the amount reserved specified in each such paragraph (as applica- 603(c)(4), the State or territory shall provide
under subparagraph (A)— ble). the Secretary with a certification, signed by
‘‘(i) $285,500,000 shall be allocated by the ‘‘(5) POPULATION DATA.—For purposes of de- an authorized officer of such State or terri-
Secretary equally among each of the Tribal termining allocations for a territory under tory, that such State or territory requires
governments; and this section, the population of the territory the payment or transfer to carry out the ac-
‘‘(ii) $5,428,000,000 shall be allocated by the shall be determined based on the most recent tivities specified in subsection (c) of this sec-
Secretary to the Tribal governments in a data available from the Bureau of the Cen- tion and will use any payment under this
manner determined by the Secretary. sus. section, or transfer of funds under section
‘‘(C) PAYMENT.— The Secretary shall pay ‘‘(6) TIMING.— 603(c)(4), in compliance with subsection (c) of
each Tribal government the total of the ‘‘(A) IN GENERAL.—To the extent prac- this section
amounts allocated for the Tribal government ticable, with respect to each State and terri- ‘‘(2) REPORTING.—Any State, territory, or
under subparagraph (B) in accordance with tory allocated a payment under this sub- Tribal government receiving a payment
paragraph (6). section, the Secretary shall make the pay- under this section shall provide to the Sec-
‘‘(3) PAYMENTS TO EACH OF THE 50 STATES ment required for the State or territory not retary periodic reports providing a detailed
AND THE DISTRICT OF COLUMBIA.— later than 60 days after the date on which accounting of—
‘‘(A) IN GENERAL.—The Secretary shall re- the certification required under subsection ‘‘(A) the uses of funds by such State, terri-
serve $55,801,500,000 of the amount appro- (d)(1) is provided to the Secretary. tory, or Tribal government, including, in the
priated under subsection (a)(1) to make pay- ‘‘(B) TRIBAL GOVERNMENTS.—To the extent case of a State or a territory, all modifica-
ments to each of the 50 States and the Dis- practicable, with respect to each Tribal gov- tions to the State’s or territory’s tax rev-
trict of Columbia. ernment for which an amount is allocated enue sources during the covered period; and
‘‘(B) ALLOCATIONS.—Of the amount re- under this subsection, the Secretary shall ‘‘(B) such other information as the Sec-
served under subparagraph (A)— make the payment required for the Tribal retary may require for the administration of
‘‘(i) $7,300,000,000 of such amount shall be government not later than 60 days after the this section.
‘‘(e) RECOUPMENT.—Any State, territory, or
allocated by the Secretary equally among date of enactment of this section.
Tribal government that has failed to comply
each of the 50 States and the District of Co- ‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO- with subsection (c) shall be required to repay
lumbia; LUMBIA.—The Secretary shall pay the to the Secretary an amount equal to the
‘‘(ii) an amount equal to $1,250,000,000 less amount allocated under paragraph (3)(B)(ii) amount of funds used in violation of such
the amount allocated for the District of Co- to the District of Columbia not later than 15 subsection, provided that, in the case of a
lumbia pursuant to section 601(c)(6) shall be days after the date of enactment of this sec- violation of subsection (c)(2)(A), the amount
allocated by the Secretary as an additional tion. the State or territory shall be required to
amount to the District of Columbia; and ‘‘(c) REQUIREMENTS.— repay shall be lesser of—
‘‘(iii) an amount equal to the remainder of ‘‘(1) USE OF FUNDS.—Subject to paragraph ‘‘(1) the amount of the applicable reduction
the amount reserved under subparagraph (A) (2), and except as provided in paragraph (3), to net tax revenue attributable to such vio-
after the application of clauses (i) and (ii) of a State, territory, or Tribal government lation; and
this subparagraph shall be allocated by the shall only use the funds provided under a
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‘‘(2) the amount of funds received by such
Secretary as an additional amount to each of payment made under this section, or trans- State or territory pursuant to a payment
the 50 States and the District of Columbia in ferred pursuant to section 603(c)(4), to cover made under this section or a transfer made
an amount which bears the same proportion costs incurred by the State, territory, or under section 603(c)(4).
to such remainder as the average estimated Tribal government, by December 31, 2024— ‘‘(f) REGULATIONS.—The Secretary shall
number of seasonally-adjusted unemployed ‘‘(A) to respond to the public health emer- have the authority to issue such regulations
individuals (as measured by the Bureau of gency with respect to the Coronavirus Dis- as may be necessary or appropriate to carry
Labor Statistics Local Area Unemployment ease 2019 (COVID–19) or its negative eco- out this section.
Statistics program) in the State or District nomic impacts, including assistance to ‘‘(g) DEFINITIONS.—In this section:
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March 4, 2021 CONGRESSIONAL RECORD — SENATE S1203
‘‘(1) COVERED PERIOD.—The term ‘covered ment in the State an amount that bears the ‘‘(A) AMOUNT.—From the amount appro-
period’ means, with respect to a State, terri- same proportion to the amount of such pay- priated under subsection (a), the Secretary
tory, or Tribal government, the period that— ment as the population of the nonentitle- shall reserve and allocate $17,150,000,000 of
‘‘(A) begins on March 3, 2021; and ment unit of local government bears to the such amount to make payments directly to
‘‘(B) ends on the last day of the fiscal year total population of all the nonentitlement counties in an amount which bears the same
of such State, territory, or Tribal govern- units of local government in the State, sub- proportion to the total amount reserved
ment in which all funds received by the ject to clause (iii). under this paragraph as the population of
State, territory, or Tribal government from ‘‘(ii) DISTRIBUTION OF FUNDS.— each such county bears to the total popu-
a payment made under this section or a ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an lation of all such entities and shall pay such
transfer made under section 603(c)(4) have authorized officer of a State required to allocated amounts to such counties in ac-
been expended or returned to, or recovered make distributions under clause (i) certifies cordance with paragraph (7).
by, the Secretary. in writing to the Secretary before the end of ‘‘(B) SPECIAL RULES.—
‘‘(2) SECRETARY.—The term ‘Secretary’ the 30-day distribution period described in ‘‘(i) URBAN COUNTIES.—No county that is an
means the Secretary of the Treasury. such clause that it would constitute an ex- ‘urban county’ (as defined in section 102 of
‘‘(3) STATE.—The term ‘State’ means each cessive administrative burden for the State the Housing and Community Development
of the 50 States and the District of Columbia. to meet the terms of such clause with re- Act of 1974 (42 U.S.C. 5302)) shall receive less
‘‘(4) TERRITORY.—The term ‘territory’ spect to 1 or more such distributions, the au- than the amount the county would otherwise
means the Commonwealth of Puerto Rico, thorized officer may request, and the Sec- receive if the amount paid under this para-
the United States Virgin Islands, Guam, the retary shall grant, an extension of such pe- graph were allocated to metropolitan cities
Commonwealth of the Northern Mariana Is- riod of not more than 30 days to allow the and urban counties under section 106(b) of
lands, and American Samoa. State to make such distributions in accord- the Housing and Community Development
‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib- ance with clause (i). Act of 1974 (42 U.S.C. 5306(b)).
al Government’ means the recognized gov- ‘‘(II) ADDITIONAL EXTENSIONS.— ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN-
erning body of any Indian or Alaska Native ‘‘(aa) IN GENERAL.—If a State has been ERAL LOCAL GOVERNMENT.—In the case of an
tribe, band, nation, pueblo, village, commu- granted an extension to the distribution pe- amount to be paid to a county that is not a
nity, component band, or component res- riod under subclause (I) but is unable to unit of general local government, the
ervation, individually identified (including make all the distributions required under amount shall instead be paid to the State in
parenthetically) in the list published most clause (i) before the end of such period as ex- which such county is located, and such State
recently as of the date of enactment of this tended, an authorized officer of the State shall distribute such amount to each unit of
Act pursuant to section 104 of the Federally may request an additional extension of the general local government within such county
Recognized Indian Tribe List Act of 1994 (25 distribution period of not more than 30 days. in an amount that bears the same proportion
U.S.C. 5131). The Secretary may grant a request for an ad- to the amount to be paid to such county as
‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV- ditional extension of such period only if— the population of such units of general local
ERY FUND. ‘‘(AA) the authorized officer making such government bears to the total population of
‘‘(a) APPROPRIATION.—In addition to request provides a written plan to the Sec- such county.
amounts otherwise available, there is appro- retary specifying, for each distribution for ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes
priated for fiscal year 2021, out of any money which an additional extension is requested, of this paragraph, the District of Columbia
in the Treasury not otherwise appropriated, when the State expects to make such dis- shall be considered to consist of a single
$34,300,000,000, to remain available through tribution and the actions the State has county that is a unit of general local govern-
December 31, 2024, for making payments taken and will take in order to make all ment.
under this section to metropolitan cities, such distributions before the end of the dis- ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit
nonentitlement units of local government, tribution period (as extended under sub- of general local government that has formed
and counties to mitigate the fiscal effects clause (I) and this subclause); and a consolidated government, or that is geo-
stemming from the public health emergency ‘‘(BB) the Secretary determines that such graphically contained (in full or in part)
with respect to the Coronavirus Disease plan is reasonably designed to distribute all within the boundaries of another unit of gen-
(COVID–19). such funds to nonentitlement units of local eral local government may receive a dis-
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— government by the end of the distribution tribution under each of paragraphs (1), (2),
‘‘(1) METROPOLITAN CITIES.— period (as so extended). and (3), as applicable, based on the respective
‘‘(A) IN GENERAL.—Of the amount appro- ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If formulas specified in such paragraphs.
priated under subsection (a), the Secretary a State granted an additional extension of ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—
shall reserve $12,000,000,000 to make pay- the distribution period under item (aa) re- The amounts otherwise determined for allo-
ments to metropolitan cities. quires any further additional extensions of cation and payment under paragraphs (1), (2),
‘‘(B) ALLOCATION AND PAYMENT.—From the such period, the request only may be made and (3) may be adjusted by the Secretary on
amount reserved under subparagraph (A), the and granted subject to the requirements a pro rata basis to the extent necessary to
Secretary shall allocate and, in accordance specified in item (aa). ensure that all available funds are distrib-
with paragraph (7), pay to each metropolitan ‘‘(iii) CAPPED AMOUNT.—The total amount uted to metropolitan cities, counties, and
city an amount determined for the metro- distributed to a nonentitlement unit of local States in accordance with the requirements
politan city consistent with the formula government under this paragraph may not specified in each paragraph (as applicable)
under section 106(b) of the Housing and Com- exceed the amount equal to 75 percent of the and the certification requirement specified
munity Development Act of 1974 (42 U.S.C. most recent budget for the nonentitlement in subsection (d).
5306(b)), except that, in applying such for- unit of local government as of January 27, ‘‘(6) POPULATION.—For purposes of deter-
mula, the Secretary shall substitute ‘all 2020. mining allocations under this section, the
metropolitan cities’ for ‘all metropolitan ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any population of an entity shall be determined
areas’ each place it appears. amounts not distributed to a nonentitlement based on the most recent data are available
‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- unit of local government as a result of the from the Bureau of the Census or, if not
ERNMENT.— application of clause (iii) shall be returned available, from such other data as a State
‘‘(A) IN GENERAL.—Of the amount appro- to the Secretary. determines appropriate.
priated under subsection (a), the Secretary ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by ‘‘(7) TIMING.—
shall reserve $5,150,000,000 to make payments the end of the 120-day period that begins on ‘‘(A) FIRST TRANCHE AMOUNT.—To the ex-
to States for distribution by the State to the date a State receives a payment from the tent practicable, with respect to each metro-
nonentitlement units of local government in amount allocated under subparagraph (B) or, politan city for which an amount is allocated
the State. if later, the last day of the distribution pe- under paragraph (1), each State for which an
‘‘(B) ALLOCATION AND PAYMENT.—From the riod for the State (as extended with respect amount is allocated under paragraph (2) for
amount reserved under subparagraph (A), the to the State under subparagraph (C)(ii)), distribution to nonentitlement units of local
Secretary shall allocate and, in accordance such State has failed to make all the dis- government, and each county for which an
with paragraph (7), pay to each State an tributions from such payment in accordance amount is allocated under paragraph (3), the
amount which bears the same proportion to with the terms of subparagraph (C) (includ- Secretary shall pay from such allocation the
such reserved amount as the total popu- ing any extensions of the distribution period First Tranche Amount for such city, State,
lation of all nonentitlement units of local granted in accordance with such subpara- or county not later than 60 days after the
government in the State bears to the total graph), an amount equal to the amount of date of enactment of this section.
SSpencer on DSK126QN23PROD with SENATE
population of all nonentitlement units of such payment that remains undistributed as ‘‘(B) SECOND TRANCHE AMOUNT.—The Sec-
local government in all such States. of such date shall be booked as a debt of such retary shall pay to each metropolitan city
‘‘(C) DISTRIBUTION TO NONENTITLEMENT State owed to the Federal Government, shall for which an amount is allocated under para-
UNITS OF LOCAL GOVERNMENT.— be paid back from the State’s allocation pro- graph (1), each State for which an amount is
‘‘(i) IN GENERAL.—Not later than 30 days vided under section 602(b)(3)(B)(iii), and shall allocated under paragraph (2) for distribu-
after a State receives a payment under sub- be deposited into the general fund of the tion to nonentitlement units of local govern-
paragraph (B), the State shall distribute to Treasury. ment, and each county for which an amount
each nonentitlement unit of local govern- ‘‘(3) COUNTIES.— is allocated under paragraph (3), the Second
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S1204 CONGRESSIONAL RECORD — SENATE March 4, 2021
Tranche Amount for such city, State, or city, nonentitlement unit of local govern- State of Hawaii (in addition to the amount
county not earlier than 12 months after the ment, or county under this section have been paid to the State of Hawaii under subpara-
date on which the First Tranche Amount is expended or returned to, or recovered by, the graph (A)), of which—
paid to the city, State, or county. Secretary. ‘‘(i) not less than $16,000 shall be paid to
‘‘(c) REQUIREMENTS.— ‘‘(3) FIRST TRANCHE AMOUNT.—The term each Tribal government; and
‘‘(1) USE OF FUNDS.—Subject to paragraph ‘First Tranche Amount’ means, with respect ‘‘(ii) not less than $16,000 shall be paid to
(2), and except as provided in paragraphs (3) to each metropolitan city for which an the State of Hawaii for the exclusive use of
and (4), a metropolitan city, nonentitlement amount is allocated under subsection (b)(1), the Department of Hawaiian Home Lands
unit of local government, or county shall each State for which an amount is allocated and the Native Hawaiian Education Pro-
only use the funds provided under a payment under subsection (b)(2) for distribution to grams to assist Native Hawaiians in accord-
made under this section to cover costs in- nonentitlement units of local government, ance with this section.
curred by the metropolitan city, nonentitle- and each county for which an amount is allo- ‘‘(2) REMAINING AMOUNTS.—
ment unit of local government, or county, by cated under subsection (b)(3), 50 percent of ‘‘(A) IN GENERAL.—From the amount of the
December 31, 2024— the amount so allocated to such metropoli- appropriation under subsection (a) that re-
‘‘(A) to respond to the public health emer- tan city, State, or county (as applicable). mains after the application of paragraph (1),
gency with respect to the Coronavirus Dis- ‘‘(4) METROPOLITAN CITY.—The term ‘met- the Secretary shall make payments to
ease 2019 (COVID–19) or its negative eco- ropolitan city’ has the meaning given that States based on population such that—
nomic impacts, including assistance to term in section 102(a)(4) of the Housing and ‘‘(i) 50 percent of such amount shall be al-
households, small businesses, and nonprofits, Community Development Act of 1974 (42 located among the States based on the pro-
or aid to impacted industries such as tour- U.S.C. 5302(a)(4)) and includes cities that re- portion that the population of each State
ism, travel, and hospitality; linquish or defer their status as a metropoli- bears to the population of all States;
‘‘(B) for the provision of government serv- tan city for purposes of receiving allocations ‘‘(ii) 25 percent of such amount shall be al-
ices to the extent of the reduction in revenue under section 106 of such Act (42 U.S.C. 5306) located among the States based on the pro-
of such metropolitan city, nonentitlement for fiscal year 2021. portion that the number of individuals living
unit of local government, or county due to ‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV- in rural areas in each State bears to the
such emergency; or ERNMENT.—The term ‘nonentitlement unit of number of individuals living in rural areas in
‘‘(C) to make necessary investments in local government’ means a ‘city’, as that all States; and
water, sewer, or broadband infrastructure. term is defined in section 102(a)(5) of the ‘‘(iii) 25 percent of such amount shall be al-
‘‘(2) PENSION FUNDS.—No metropolitan Housing and Community Development Act of located among the States based on the pro-
city, nonentitlement unit of local govern- 1974 (42 U.S.C. 5302(a)(5))), that is not a met- portion that the number of individuals with
ment, or county may use funds made avail- ropolitan city. a household income that is below 150 percent
able under this section for deposit into any ‘‘(6) SECOND TRANCHE AMOUNT.—The term of the poverty line applicable to a family of
pension fund. ‘Second Tranche Amount’ means, with re- the size involved in each State bears to the
‘‘(3) TRANSFER AUTHORITY.—A metropolitan spect to each metropolitan city for which an number of such individuals in all States.
city, nonentitlement unit of local govern- amount is allocated under subsection (b)(1), ‘‘(B) DATA.—In determining the allocations
ment, or county receiving a payment from each State for which an amount is allocated to be made to each State under subparagraph
funds made available under this section may under subsection (b)(2) for distribution to (A), the Secretary of the Treasury shall use
transfer funds to a private nonprofit organi- nonentitlement units of local government, the most recent data available from the Bu-
zation (as that term is defined in paragraph and each county for which an amount is allo- reau of the Census.
(17) of section 401 of the McKinney-Vento cated under subsection (b)(3), an amount not ‘‘(c) TIMING.—The Secretary shall establish
Homeless Assistance Act (42 U.S.C. 11360(17)), to exceed 50 percent of the amount so allo- a process of applying for grants to access
a public benefit corporation involved in the cated to such metropolitan city, State, or funding made available under section (b) not
transportation of passengers or cargo, or a county (as applicable). later than 60 days after enactment of this
special-purpose unit of State or local govern- ‘‘(7) SECRETARY.—The term ‘Secretary’ section.
ment. means the Secretary of the Treasury. ‘‘(d) DEFINITIONS.—In this section:
‘‘(4) TRANSFERS TO STATES.—Notwith- ‘‘(8) STATE.—The term ‘State’ means each ‘‘(1) SECRETARY.—The term ‘Secretary’
standing paragraph (1), a metropolitan city, of the 50 States, the District of Columbia, means the Secretary of the Treasury.
nonentitlement unit of local government, or the Commonwealth of Puerto Rico, the ‘‘(2) STATE.—The term ‘State’ means 1 of
county receiving a payment from funds made United States Virgin Islands, Guam, the the 50 States.
available under this section may transfer Commonwealth of the Northern Mariana Is- ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib-
such funds to the State in which such entity lands, and American Samoa. al government’ has the meaning given such
is located. ‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.— term in section 603(g).’’.
‘‘(d) REPORTING.—Any metropolitan city, The term ‘unit of general local government’ (b) CONFORMING AMENDMENT.—The heading
nonentitlement unit of local government, or has the meaning given that term in section for title VI of the Social Security Act (42
county receiving funds provided under a pay- 102(a)(1) of the Housing and Community De- U.S.C. 801 et seq.) is amended by striking
ment made under this section shall provide velopment Act of 1974 (42 U.S.C. 5302(a)(1)). ‘‘FUND’’ and inserting ‘‘, FISCAL RECOV-
to the Secretary periodic reports providing a ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS ERY, AND CRITICAL CAPITAL PROJECTS
detailed accounting of the uses of such funds FUND. FUNDS’’.
by such metropolitan city, nonentitlement ‘‘(a) APPROPRIATION.—In addition to
unit of local government, or county and in- amounts otherwise available, there is appro- SA 951. Mr. MARSHALL submitted
cluding such other information as the Sec- priated for fiscal year 2021, out of any money an amendment intended to be proposed
retary may require for the administration of in the Treasury not otherwise appropriated, to amendment SA 891 proposed by Mr.
this section. $2,850,000,000, to remain available until ex- SCHUMER to the bill H.R. 1319, to pro-
‘‘(e) RECOUPMENT.—Any metropolitan city, pended, for making payments to States, ter- vide for reconciliation pursuant to title
nonentitlement unit of local government, or ritories, and Tribal governments to carry II of S. Con. Res. 5; which was ordered
county that has failed to comply with sub- out critical capital projects directly ena- to lie on the table; as follows:
section (c) shall be required to repay to the bling work, education, and health moni-
toring, including remote options, in response At the end of section 9032, insert the fol-
Secretary an amount equal to the amount of
to the public health emergency with respect lowing:
funds used in violation of such subsection. ‘‘(d) ADDITIONAL USE OF FUNDS.—Amounts
‘‘(f) REGULATIONS.—The Secretary shall to the Coronavirus Disease (COVID–19).
‘‘(b) PAYMENTS TO EACH OF THE 50 STATES made available under subsection (a) shall be
have the authority to issue such regulations
AND THE DISTRICT OF COLUMBIA.—
used by the Secretary of Labor, in conjunc-
as may be necessary or appropriate to carry tion with the Secretary of Treasury, to pro-
out this section. ‘‘(1) MINIMUM AMOUNTS.—From the amount
vide, not later than 30 days after the date of
‘‘(g) DEFINITIONS.—In this section: appropriated under subsection (a)—
enactment of this section, a report to State
‘‘(1) COUNTY.—The term ‘county’ means a ‘‘(A) the Secretary shall pay $28,500,000 to
agencies responsible for unemployment bene-
county, parish, or other equivalent county each State;
fits that describes best practices for address-
division (as defined by the Bureau of the ‘‘(B) the Secretary shall pay $28,500,000 to ing fraudulent unemployment claims.’’.
Census). the Commonwealth of Puerto Rico and
‘‘(2) COVERED PERIOD.—The term ‘covered $28,500,000 to the District of Columbia; SA 952. Mr. MARSHALL submitted
period’ means, with respect to a metropoli- ‘‘(C) the Secretary shall pay $28,500,000 of
SSpencer on DSK126QN23PROD with SENATE
an amendment intended to be proposed
tan city, nonentitlement unit of local gov- such amount in equal shares to the United
to amendment SA 891 proposed by Mr.
ernment, or county receiving funds under States Virgin Islands, Guam, American
this section, the period that— Samoa, the Commonwealth of the Northern SCHUMER to the bill H.R. 1319, to pro-
‘‘(A) begins on March 3, 2021; and Mariana Islands, the Republic of the Mar- vide for reconciliation pursuant to title
‘‘(B) ends on the last day of the fiscal year shall Islands, the Federated States of Micro- II of S. Con. Res. 5; which was ordered
of the metropolitan city, nonentitlement nesia, and the Republic of Palau; and to lie on the table; as follows:
unit of local government, or county in which ‘‘(D) the Secretary shall pay $28,500,000 of At the end of part 1 of subtitle A of title II,
all of the funds received by the metropolitan such amount to Tribal governments and the add the following:
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