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Home Source documents Senate Amendments to SA 891 on H.R. 1319, March 5, 2021 — Congressional Record

Senate Amendments to SA 891 on H.R. 1319, March 5, 2021 — Congressional Record

Summary

This is S1306 of the Congressional Record, Senate, March 5, 2021, with interleaved columns of amendments to H.R. 1319. The page lists amendments intended to be proposed to amendment SA 891, including SA 1109, SA 1110, SA 1114, and SA 1115 by Mr. Johnson and SA 1117 by Mr. Daines and Mr. Lankford. The printed text includes amendments that strike dollar amounts in sections of the bill and one that would strike section 9901 on coronavirus State and local fiscal recovery funds.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

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“Senate Amendments to SA 891 on H.R. 1319, March 5, 2021 — Congressional Record.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-05-crec-2021-03-05-pt1-pgs1306-9-76680bb901/, SHA-256 67b32afd60df7a65bea28b0c71bb66221f075ba0f8942245a063c819987dee5d.

Full text

                                             S1306                                             CONGRESSIONAL RECORD — SENATE                                                           March 5, 2021
                                             Mr. TESTER, Mr. MENENDEZ, Mr.                           SCHATZ, Mr. CARPER, Mr. LEAHY, and                     Conservation, and Trade Act of 1990 (7 U.S.C.
                                             SCHATZ, Mr. CARPER, Mr. LEAHY, and                      Mr. SANDERS) to the bill H.R. 1319, to                 2279(a))).
                                             Mr. SANDERS) to the bill H.R. 1319, to                  provide for reconciliation pursuant to                   (3) SOCIALLY DISADVANTAGED GROUP.—The
                                                                                                                                                            term ‘‘socially disadvantaged group’’ has the
                                             provide for reconciliation pursuant to                  title II of S. Con. Res. 5; which was or-              meaning given the term in section 355(e) of
                                             title II of S. Con. Res. 5; which was or-               dered to lie on the table; as follows:                 the Consolidated Farm and Rural Develop-
                                             dered to lie on the table; as follows:                     On page 532 of the amendment, line 20,              ment Act (7 U.S.C. 2003(e)).
                                               On page 276 of the amendment, line 16,                strike       ‘‘$3,047,000,000’’ and insert
                                             strike ‘‘$150,000,000’’ and insert ‘‘$25,000,000’’.     ‘‘$73,000,000’’.                                         SA 1117. Mr. DAINES (for himself
                                                                                                                                                            and Mr. LANKFORD) submitted an
                                               SA 1109. Mr. JOHNSON submitted an                       SA 1114. Mr. JOHNSON submitted an                    amendment intended to be proposed to
                                             amendment intended to be proposed to                    amendment intended to be proposed to                   amendment SA 891 proposed by Mr.
                                             amendment SA 891 proposed by Mr.                        amendment SA 891 proposed by Mr.                       SCHUMER (for himself, Mr. WYDEN, Mrs.
                                             SCHUMER (for himself, Mr. WYDEN, Mrs.                   SCHUMER (for himself, Mr. WYDEN, Mrs.                  MURRAY, Mr. BROWN, Mr. PETERS, Mr.
                                             MURRAY, Mr. BROWN, Mr. PETERS, Mr.                      MURRAY, Mr. BROWN, Mr. PETERS, Mr.                     CARDIN, Ms. CANTWELL, Ms. STABENOW,
                                             CARDIN, Ms. CANTWELL, Ms. STABENOW,                     CARDIN, Ms. CANTWELL, Ms. STABENOW,                    Mr. TESTER, Mr. MENENDEZ, Mr.
                                             Mr. TESTER, Mr. MENENDEZ, Mr.                           Mr. TESTER, Mr. MENENDEZ, Mr.                          SCHATZ, Mr. CARPER, Mr. LEAHY, and
                                             SCHATZ, Mr. CARPER, Mr. LEAHY, and                      SCHATZ, Mr. CARPER, Mr. LEAHY, and                     Mr. SANDERS) to the bill H.R. 1319, to
                                             Mr. SANDERS) to the bill H.R. 1319, to                  Mr. SANDERS) to the bill H.R. 1319, to                 provide for reconciliation pursuant to
                                             provide for reconciliation pursuant to                  provide for reconciliation pursuant to                 title II of S. Con. Res. 5; which was or-
                                             title II of S. Con. Res. 5; which was or-               title II of S. Con. Res. 5; which was or-              dered to lie on the table; as follows:
                                             dered to lie on the table; as follows:                  dered to lie on the table; as follows:                   Strike section 9901 and all that follows
                                               On page 276 of the amendment, line 25,                   On page 612 of the amendment, line 21,              through title X and insert the following:
                                             strike ‘‘$600,000,000’’ and insert ‘‘$100,000,000’’.                                                           SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
                                                                                                     strike       ‘‘$8,675,000,000’’ and insert
                                                                                                                                                                        CAL RECOVERY FUNDS.
                                                                                                     ‘‘$1,159,000,000’.
                                                                                                                                                              Section 301 of division BB of the Consoli-
                                               SA 1110. Mr. JOHNSON submitted an                                                                            dated Appropriations Act, 2021, as amended
                                             amendment intended to be proposed to                      SA 1115. Mr. JOHNSON submitted an                    by this Act, is amended by adding at the end
                                             amendment SA 891 proposed by Mr.                        amendment intended to be proposed to                   the following new subsection:
                                             SCHUMER (for himself, Mr. WYDEN, Mrs.                   amendment SA 891 proposed by Mr.                         ‘‘(k) CORONAVIRUS STATE AND LOCAL FISCAL
                                             MURRAY, Mr. BROWN, Mr. PETERS, Mr.                      SCHUMER (for himself, Mr. WYDEN, Mrs.                  RECOVERY FUNDS.—
                                                                                                     MURRAY, Mr. BROWN, Mr. PETERS, Mr.                       ‘‘(1) IN GENERAL.—Title VI of the Social Se-
                                             CARDIN, Ms. CANTWELL, Ms. STABENOW,                                                                            curity Act (42 U.S.C. 801 et seq.) is amended
                                             Mr. TESTER, Mr. MENENDEZ, Mr.                           CARDIN, Ms. CANTWELL, Ms. STABENOW,
                                                                                                                                                            by adding at the end the following:
                                             SCHATZ, Mr. CARPER, Mr. LEAHY, and                      Mr. TESTER, Mr. MENENDEZ, Mr.                          ‘‘ ‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV-
                                             Mr. SANDERS) to the bill H.R. 1319, to                  SCHATZ, Mr. CARPER, Mr. LEAHY, and                                    ERY FUND.
                                             provide for reconciliation pursuant to                  Mr. SANDERS) to the bill H.R. 1319, to                     ‘‘ ‘(a) APPROPRIATION.—In addition to
                                             title II of S. Con. Res. 5; which was or-               provide for reconciliation pursuant to                 amounts otherwise available, there is appro-
                                                                                                     title II of S. Con. Res. 5; which was or-              priated for fiscal year 2021, out of any money
                                             dered to lie on the table; as follows:
                                                                                                     dered to lie on the table; as follows:                 in the Treasury not otherwise appropriated—
                                                On page 301 of the amendment, line 15,                                                                        ‘‘ ‘(1) $219,800,000,000, to remain available
                                             strike       ‘‘$2,000,000,000’’ and insert                On page 59 of the amendment, line 19,                through December 31, 2024, for making pay-
                                             ‘‘602,000,000’’.                                        strike ‘‘$200,000,000’’ and insert ‘‘$16,000,000’’.    ments under this section to States, terri-
                                                                                                                                                            tories, and Tribal governments to mitigate
                                               SA 1111. Mr. JOHNSON submitted an                       SA 1116. Mr. TILLIS submitted an                     the fiscal effects stemming from the public
                                             amendment intended to be proposed to                    amendment intended to be proposed to                   health emergency with respect to the
                                             amendment SA 891 proposed by Mr.                        amendment SA 891 proposed by Mr.                       Coronavirus Disease (COVID–19); and
                                                                                                     SCHUMER (for himself, Mr. WYDEN, Mrs.                    ‘‘ ‘(2) $50,000,000, to remain available until
                                             SCHUMER (for himself, Mr. WYDEN, Mrs.                                                                          expended, for the costs of the Secretary for
                                             MURRAY, Mr. BROWN, Mr. PETERS, Mr.                      MURRAY, Mr. BROWN, Mr. PETERS, Mr.
                                                                                                                                                            administration of the funds established
                                             CARDIN, Ms. CANTWELL, Ms. STABENOW,                     CARDIN, Ms. CANTWELL, Ms. STABENOW,
                                                                                                                                                            under this title.
                                             Mr. TESTER, Mr. MENENDEZ, Mr.                           Mr. TESTER, Mr. MENENDEZ, Mr.                            ‘‘ ‘(b) AUTHORITY TO MAKE PAYMENTS.—
                                             SCHATZ, Mr. CARPER, Mr. LEAHY, and                      SCHATZ, Mr. CARPER, Mr. LEAHY, and                       ‘‘ ‘(1) PAYMENTS TO TERRITORIES.—
                                             Mr. SANDERS) to the bill H.R. 1319, to                  Mr. SANDERS) to the bill H.R. 1319, to                   ‘‘ ‘(A) IN GENERAL.—The Secretary shall re-
                                                                                                     provide for reconciliation pursuant to                 serve $4,500,000,000 of the amount appro-
                                             provide for reconciliation pursuant to
                                                                                                     title II of S. Con. Res. 5; which was or-              priated under subsection (a)(1) to make pay-
                                             title II of S. Con. Res. 5; which was or-                                                                      ments to the territories.
                                             dered to lie on the table; as follows:                  dered to lie on the table; as follows:
                                                                                                                                                              ‘‘ ‘(B) ALLOCATION.—Of the amount re-
                                                On page 306 of the amendment, line 19,                  At the appropriate place, insert the fol-           served under subparagraph (A)—
                                             strike       ‘‘$1,000,000,000’’ and insert              lowing:                                                  ‘‘ ‘(i) 50 percent of such amount shall be al-
                                             ‘‘$375,000,000’’.                                          On page 17, strike lines 9 through 13 and in-       located by the Secretary equally to each ter-
                                                                                                     sert the following:                                    ritory; and
                                                                                                        (3) SOCIALLY DISADVANTAGED FARMER OR                  ‘‘ ‘(ii) 50 percent of such amount shall be al-
                                               SA 1112. Mr. JOHNSON submitted an                     RANCHER.—                                              located by the Secretary as an additional
                                             amendment intended to be proposed to                       (A) IN GENERAL.—The term ‘‘socially dis-            amount to each territory in an amount
                                             amendment SA 891 proposed by Mr.                        advantaged farmer or rancher’’ has the                 which bears the same proportion to 1⁄2 of the
                                             SCHUMER (for himself, Mr. WYDEN, Mrs.                   meaning given the term in section 355(e) of            total amount reserved under subparagraph
                                             MURRAY, Mr. BROWN, Mr. PETERS, Mr.                      the Consolidated Farm and Rural Develop-               (A) as the population of the territory bears
                                             CARDIN, Ms. CANTWELL, Ms. STABENOW,                     ment Act (7 U.S.C. 2003(e)).                           to the total population of all such terri-
                                             Mr. TESTER, Mr. MENENDEZ, Mr.                              (B) INCLUSION.—The term ‘‘socially dis-             tories.
                                             SCHATZ, Mr. CARPER, Mr. LEAHY, and                      advantaged farmer or rancher’’ includes a                ‘‘ ‘(C) PAYMENT.—The Secretary shall pay
                                                                                                     veteran farmer or rancher (as defined in sec-          each territory the total of the amounts allo-
                                             Mr. SANDERS) to the bill H.R. 1319, to
                                                                                                     tion 2501(a) of the Food, Agriculture, Con-            cated for the territory under subparagraph
                                             provide for reconciliation pursuant to                  servation, and Trade Act of 1990 (7 U.S.C.             (B) in accordance with paragraph (6).
                                             title II of S. Con. Res. 5; which was or-               2279(a))).                                               ‘‘ ‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
                                             dered to lie on the table; as follows:                     On page 20, strike lines 11 through 21 and            ‘‘ ‘(A) IN GENERAL.—The Secretary shall re-
                                               On page 313 of the amendment, line 6,                 insert the following:                                  serve $20,000,000,000 of the amount appro-
                                             strike ‘‘$276,000,000’’ and insert ‘‘$40,000,000’’.        (2) SOCIALLY DISADVANTAGED FARMER,                  priated under subsection (a)(1) to make pay-
                                                                                                     RANCHER, OR FOREST LANDOWNER.—The term                 ments to Tribal governments.
                                              SA 1113. Mr. JOHSON submitted an                       ‘‘socially disadvantaged farmer, rancher, or             ‘‘ ‘(B) ALLOCATION.—Of the amount re-




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                                             amendment intended to be proposed to                    forest landowner’’ means a farmer, rancher,            served under subparagraph (A)—
                                                                                                     or owner or operator of nonindustrial private            ‘‘ ‘(i) $1,000,000,000 shall be allocated by the
                                             amendment SA 891 proposed by Mr.
                                                                                                     forest land who is—                                    Secretary equally among each of the Tribal
                                             SCHUMER (for himself, Mr. WYDEN, Mrs.                      (A) a member of a socially disadvantaged            governments; and
                                             MURRAY, Mr. BROWN, Mr. PETERS, Mr.                      group; or                                                ‘‘ ‘(ii) $19,000,000,000 shall be allocated by
                                             CARDIN, Ms. CANTWELL, Ms. STABENOW,                        (B) a veteran farmer or rancher (as defined         the Secretary to the Tribal governments in a
                                             Mr. TESTER, Mr. MENENDEZ, Mr.                           in section 2501(a) of the Food, Agriculture,           manner determined by the Secretary.




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                                             March 5, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                      S1307
                                               ‘‘ ‘(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 $195,300,000,000 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) $25,500,000,000 of such amount shall be       government not later than 60 days after the            this section.
                                             allocated by the Secretary equally among                date of enactment of this section.                       ‘‘ ‘(e) RECOUPMENT.—Any State, territory,
                                             each of the 50 States and the District of Co-             ‘‘ ‘(C) INITIAL PAYMENT TO DISTRICT OF CO-           or Tribal government that has failed to com-
                                             lumbia;                                                 LUMBIA.—The        Secretary shall pay the             ply with subsection (c) shall be required to
                                               ‘‘ ‘(ii) an amount equal to $1,250,000,000 less       amount allocated under paragraph (3)(B)(ii)            repay to the Secretary an amount equal to
                                             the amount allocated for the District of Co-            to the District of Columbia not later than 15          the amount of funds used in violation of such
                                             lumbia pursuant to section 601(c)(6) shall be           days after the date of enactment of this sec-          subsection, provided that, in the case of a
                                             allocated by the Secretary as an additional             tion.                                                  violation of subsection (c)(2)(A), the amount
                                                                                                       ‘‘ ‘(c) REQUIREMENTS.—                               the State or territory shall be required to
                                             amount to the District of Columbia; and
                                                                                                       ‘‘ ‘(1) USE OF FUNDS.—Subject to paragraph           repay shall be lesser of—
                                               ‘‘ ‘(iii) an amount equal to the remainder of
                                                                                                     (2), and except as provided in paragraph (3),            ‘‘ ‘(1) the amount of the applicable reduc-
                                             the amount reserved under subparagraph (A)
                                                                                                     a State, territory, or Tribal government               tion to net tax revenue attributable to such
                                             after the application of clauses (i) and (ii) of
                                                                                                     shall only use the funds provided under a              violation; and
                                             this subparagraph shall be allocated by the
                                                                                                     payment made under this section, or trans-               ‘‘ ‘(2) the amount of funds received by such
                                             Secretary as an additional amount to each of
                                                                                                     ferred pursuant to section 603(c)(4), to cover         State or territory pursuant to a payment
                                             the 50 States and the District of Columbia in
                                                                                                     costs incurred by the State, territory, or             made under this section or a transfer made
                                             an amount which bears the same proportion
                                                                                                     Tribal government, by December 31, 2024—               under section 603(c)(4).
                                             to such remainder as the average estimated                                                                       ‘‘ ‘(f) REGULATIONS.—The Secretary shall
                                                                                                       ‘‘ ‘(A) to respond to the public health emer-
                                             number of seasonally-adjusted unemployed                                                                       have the authority to issue such regulations
                                                                                                     gency with respect to the Coronavirus Dis-
                                             individuals (as measured by the Bureau of                                                                      as may be necessary or appropriate to carry
                                                                                                     ease 2019 (COVID–19) or its negative eco-
                                             Labor Statistics Local Area Unemployment                                                                       out this section.
                                                                                                     nomic impacts, including assistance to
                                             Statistics program) in the State or District                                                                     ‘‘ ‘(g) DEFINITIONS.—In this section:
                                                                                                     households, small businesses, and nonprofits,
                                             of Columbia over the 3-month period ending                                                                       ‘‘ ‘(1) COVERED PERIOD.—The term ‘‘covered
                                                                                                     or aid to impacted industries such as tour-
                                             with December 2020 bears to the average esti-                                                                  period’’ means, with respect to a State, terri-
                                                                                                     ism, travel, and hospitality;
                                             mated number of seasonally-adjusted unem-                                                                      tory, or Tribal government, the period that—
                                                                                                       ‘‘ ‘(B) for the provision of government serv-
                                             ployed individuals in all of the 50 States and          ices to the extent of the reduction in revenue           ‘‘ ‘(A) begins on March 3, 2021; and
                                             the District of Columbia over the same pe-              of such State, territory, or Tribal govern-              ‘‘ ‘(B) ends on the last day of the fiscal year
                                             riod.                                                   ment due to such emergency; or                         of such State, territory, or Tribal govern-
                                               ‘‘ ‘(C) PAYMENT.—                                       ‘‘ ‘(C) to make necessary investments in             ment in which all funds received by the
                                               ‘‘ ‘(i) IN GENERAL.—Subject to clause (ii),           water, sewer, or broadband infrastructure.             State, territory, or Tribal government from
                                             the Secretary shall pay each of the 50 States             ‘‘ ‘(2) FURTHER RESTRICTION ON USE OF                a payment made under this section or a
                                             and the District of Columbia, from the                  FUNDS.—                                                transfer made under section 603(c)(4) have
                                             amount reserved under subparagraph (A), the               ‘‘ ‘(A) IN GENERAL.—A State or territory             been expended or returned to, or recovered
                                             total of the amounts allocated for the State            shall not use the funds provided under this            by, the Secretary.
                                             and District of Columbia under subparagraph             section or transferred pursuant to section               ‘‘ ‘(2) SECRETARY.—The term ‘‘Secretary’’
                                             (B) in accordance with paragraph (6).                   603(c)(4) to either directly or indirectly offset      means the Secretary of the Treasury.
                                               ‘‘ ‘(ii) MINIMUM PAYMENT REQUIREMENT.—                a reduction in the net tax revenue of such               ‘‘ ‘(3) STATE.—The term ‘‘State’’ means
                                               ‘‘ ‘(I) IN GENERAL.—The sum of—                       State or territory resulting from a change in          each of the 50 States and the District of Co-
                                               ‘‘ ‘(aa) the total amounts allocated for 1 of         law, regulation, or administrative interpre-           lumbia.
                                             the 50 States or the District of Columbia               tation during the covered period that re-                ‘‘ ‘(4) TERRITORY.—The term ‘‘territory’’
                                             under subparagraph (B) (as determined with-             duces any tax (by providing for a reduction            means the Commonwealth of Puerto Rico,
                                             out regard to this clause); and                                                                                the United States Virgin Islands, Guam, the
                                                                                                     in a rate, a rebate, a deduction, a credit, or
                                               ‘‘ ‘(bb) the amounts allocated under section                                                                 Commonwealth of the Northern Mariana Is-
                                                                                                     otherwise) or delays the imposition of any
                                             603 to the State (for distribution by the                                                                      lands, and American Samoa.
                                                                                                     tax or tax increase.
                                             State to nonentitlement units of local gov-                                                                      ‘‘ ‘(5) TRIBAL GOVERNMENT.—The term
                                                                                                       ‘‘ ‘(B) PENSION FUNDS.—No State or terri-
                                             ernment in the State) and to metropolitan                                                                      ‘‘Tribal Government’’ means the recognized
                                                                                                     tory may use funds made available under
                                             cities and counties in the State;                                                                              governing body of any Indian or Alaska Na-
                                                                                                     this section for deposit into any pension
                                             shall not be less than the amount paid to the                                                                  tive tribe, band, nation, pueblo, village, com-
                                                                                                     fund.
                                             State or District of Columbia for fiscal year                                                                  munity, component band, or component res-
                                                                                                       ‘‘ ‘(3) TRANSFER AUTHORITY.—A State, terri-
                                                                                                                                                            ervation, individually identified (including
                                             2020 under section 601.                                 tory, or Tribal government receiving a pay-
                                                                                                                                                            parenthetically) in the list published most
                                               ‘‘ ‘(II) PRO RATA ADJUSTMENT.—The Sec-                ment from funds made available under this
                                                                                                                                                            recently as of the date of enactment of this
                                             retary shall adjust on a pro rata basis the             section may transfer funds to a private non-           Act pursuant to section 104 of the Federally
                                             amount of the allocations for each of the 50            profit organization (as that term is defined           Recognized Indian Tribe List Act of 1994 (25
                                             States and the District of Columbia deter-              in paragraph (17) of section 401 of the McKin-         U.S.C. 5131).
                                             mined under subparagraph (B)(iii) (without              ney-Vento Homeless Assistance Act (42                  ‘‘ ‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV-
                                             regard to this clause) to the extent necessary          U.S.C. 11360(17)), a Tribal organization (as                          ERY FUND.
                                             to comply with the requirement of subclause             that term is defined in section 4 of the In-               ‘‘ ‘(a) APPROPRIATION.—In addition to
                                             (I).                                                    dian Self-Determination and Education As-              amounts otherwise available, there is appro-
                                               ‘‘ ‘(4) PRO RATA ADJUSTMENT AUTHORITY.—               sistance Act (25 U.S.C. 5304)), a public benefit       priated for fiscal year 2021, out of any money
                                             The amounts otherwise determined for allo-              corporation involved in the transportation of          in the Treasury not otherwise appropriated,
                                             cation and payment under paragraphs (1), (2),           passengers or cargo, or a special-purpose              $120,200,000,000, to remain available through
                                             and (3) may be adjusted by the Secretary on             unit of State or local government.                     December 31, 2024, for making payments
                                             a pro rata basis to the extent necessary to               ‘‘ ‘(d) CERTIFICATIONS AND REPORTS.—                 under this section to metropolitan cities,
                                             ensure that all available funds are allocated             ‘‘ ‘(1) IN GENERAL.—In order for a State or          nonentitlement units of local government,
                                             to States, territories, and Tribal govern-              territory to receive a payment under this              and counties to mitigate the fiscal effects
                                             ments in accordance with the requirements               section, or a transfer of funds under section          stemming from the public health emergency
                                             specified in each such paragraph (as applica-           603(c)(4), the State or territory shall provide        with respect to the Coronavirus Disease




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                                             ble).                                                   the Secretary with a certification, signed by          (COVID–19).
                                               ‘‘ ‘(5) POPULATION DATA.—For purposes of              an authorized officer of such State or terri-            ‘‘ ‘(b) AUTHORITY TO MAKE PAYMENTS.—
                                             determining allocations for a territory under           tory, that such State or territory requires              ‘‘ ‘(1) METROPOLITAN CITIES.—
                                             this section, the population of the territory           the payment or transfer to carry out the ac-             ‘‘ ‘(A) IN GENERAL.—Of the amount appro-
                                             shall be determined based on the most recent            tivities specified in subsection (c) of this sec-      priated under subsection (a), the Secretary
                                             data available from the Bureau of the Cen-              tion and will use any payment under this               shall reserve $42,070,000,000 to make pay-
                                             sus.                                                    section, or transfer of funds under section            ments to metropolitan cities.




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                                             S1308                                             CONGRESSIONAL RECORD — SENATE                                                          March 5, 2021
                                               ‘‘ ‘(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 $18,030,000,000 to make pay-              the end of the 120-day period that begins on             ‘‘ ‘(A) FIRST TRANCHE AMOUNT.—To the ex-
                                             ments to States for distribution by the State           the date a State receives a payment from the           tent practicable, with respect to each metro-
                                             to nonentitlement units of local government             amount allocated under subparagraph (B) or,            politan city for which an amount is allocated
                                             in 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.
                                             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
                                             ment in the State an amount that bears the                ‘‘ ‘(A) AMOUNT.—From the amount appro-               Tranche Amount for such city, State, or
                                             same proportion to the amount of such pay-              priated under subsection (a), the Secretary            county not earlier than 12 months after the
                                             ment as the population of the nonentitle-               shall reserve and allocate $60,100,000,000 of          date on which the First Tranche Amount is
                                             ment unit of local government bears to the              such amount to make payments directly to               paid to the city, State, or county.
                                             total population of all the nonentitlement              counties in an amount which bears the same               ‘‘ ‘(c) REQUIREMENTS.—
                                             units of local government in the State, sub-            proportion to the total amount reserved                  ‘‘ ‘(1) USE OF FUNDS.—Subject to paragraph
                                             ject to clause (iii).                                   under this paragraph as the population of              (2), and except as provided in paragraphs (3)
                                               ‘‘ ‘(ii) DISTRIBUTION OF FUNDS.—                      each such county bears to the total popu-              and (4), a metropolitan city, nonentitlement
                                               ‘‘ ‘(I) EXTENSION FOR DISTRIBUTION.—If an             lation of all such entities and shall pay such         unit of local government, or county shall
                                             authorized officer of a State required to               allocated amounts to such counties in ac-              only use the funds provided under a payment
                                             make distributions under clause (i) certifies           cordance with paragraph (7).                           made under this section to cover costs in-
                                             in writing to the Secretary before the end of             ‘‘ ‘(B) SPECIAL RULES.—                              curred by the metropolitan city, nonentitle-
                                             the 30-day distribution period described in               ‘‘ ‘(i) URBAN COUNTIES.—No county that is            ment unit of local government, or county, by
                                             such clause that it would constitute an ex-             an ‘‘urban county’’ (as defined in section 102         December 31, 2024—
                                             cessive administrative burden for the State             of the Housing and Community Development                 ‘‘ ‘(A) to respond to the public health emer-
                                             to meet the terms of such clause with re-               Act of 1974 (42 U.S.C. 5302)) shall receive less       gency with respect to the Coronavirus Dis-
                                             spect to 1 or more such distributions, the au-          than the amount the county would otherwise             ease 2019 (COVID–19) or its negative eco-
                                             thorized officer may request, and the Sec-              receive if the amount paid under this para-            nomic impacts, including assistance to
                                             retary shall grant, an extension of such pe-            graph were allocated to metropolitan cities            households, small businesses, and nonprofits,
                                             riod of not more than 30 days to allow the              and urban counties under section 106(b) of             or aid to impacted industries such as tour-
                                             State to make such distributions in accord-             the Housing and Community Development                  ism, travel, and hospitality;
                                             ance with clause (i).                                   Act of 1974 (42 U.S.C. 5306(b)).                         ‘‘ ‘(B) for the provision of government serv-
                                               ‘‘ ‘(II) ADDITIONAL EXTENSIONS.—                        ‘‘ ‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN-         ices to the extent of the reduction in revenue
                                               ‘‘ ‘(aa) IN GENERAL.—If a State has been              ERAL LOCAL GOVERNMENT.—In the case of an               of such metropolitan city, nonentitlement
                                             granted an extension to the distribution pe-            amount to be paid to a county that is not a            unit of local government, or county due to
                                             riod under subclause (I) but is unable to               unit of general local government, the                  such emergency; or
                                             make all the distributions required under               amount shall instead be paid to the State in             ‘‘ ‘(C) to make necessary investments in
                                             clause (i) before the end of such period as ex-         which such county is located, and such State           water, sewer, or broadband infrastructure.
                                             tended, an authorized officer of the State              shall distribute such amount to each unit of             ‘‘ ‘(2) PENSION FUNDS.—No metropolitan
                                             may request an additional extension of the              general local government within such county            city, nonentitlement unit of local govern-
                                             distribution period of not more than 30 days.           in an amount that bears the same proportion            ment, or county may use funds made avail-
                                             The Secretary may grant a request for an ad-            to the amount to be paid to such county as             able under this section for deposit into any
                                             ditional extension of such period only if—              the population of such units of general local          pension fund.
                                               ‘‘ ‘(AA) the authorized officer making such           government bears to the total population of              ‘‘ ‘(3) TRANSFER AUTHORITY.—A metropoli-
                                             request provides a written plan to the Sec-             such county.                                           tan city, nonentitlement unit of local gov-
                                             retary specifying, for each distribution for              ‘‘ ‘(iii) DISTRICT OF COLUMBIA.—For pur-             ernment, or county receiving a payment
                                             which an additional extension is requested,             poses of this paragraph, the District of Co-           from funds made available under this section
                                             when the State expects to make such dis-                lumbia shall be considered to consist of a             may transfer funds to a private nonprofit or-
                                             tribution and the actions the State has                 single county that is a unit of general local          ganization (as that term is defined in para-
                                             taken and will take in order to make all                government.                                            graph (17) of section 401 of the McKinney-
                                             such distributions before the end of the dis-             ‘‘ ‘(4) CONSOLIDATED GOVERNMENTS.—A unit             Vento Homeless Assistance Act (42 U.S.C.
                                             tribution period (as extended under sub-                of general local government that has formed            11360(17)), a public benefit corporation in-
                                             clause (I) and this subclause); and                     a consolidated government, or that is geo-             volved in the transportation of passengers or
                                               ‘‘ ‘(BB) the Secretary determines that such           graphically contained (in full or in part)             cargo, or a special-purpose unit of State or
                                             plan is reasonably designed to distribute all           within the boundaries of another unit of gen-          local government.




ctelli on DSK11ZRN23PROD with SENATE
                                             such funds to nonentitlement units of local             eral local government may receive a dis-                 ‘‘ ‘(4) TRANSFERS TO STATES.—Notwith-
                                             government by the end of the distribution               tribution under each of paragraphs (1), (2),           standing paragraph (1), a metropolitan city,
                                             period (as so extended).                                and (3), as applicable, based on the respective        nonentitlement unit of local government, or
                                               ‘‘ ‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If            formulas specified in such paragraphs.                 county receiving a payment from funds made
                                             a State granted an additional extension of                ‘‘ ‘(5) PRO RATA ADJUSTMENT AUTHORITY.—              available under this section may transfer
                                             the distribution period under item (aa) re-             The amounts otherwise determined for allo-             such funds to the State in which such entity
                                             quires any further additional extensions of             cation and payment under paragraphs (1), (2),          is located.




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                                             March 5, 2021                                     CONGRESSIONAL RECORD — SENATE                                                                     S1309
                                               ‘‘ ‘(d) REPORTING.—Any metropolitan city,              ‘‘ ‘(9) UNIT OF GENERAL LOCAL GOVERN-                   ‘‘ ‘(3) TRIBAL GOVERNMENT.—The term
                                             nonentitlement unit of local government, or             MENT.—The term ‘‘unit of general local gov-            ‘‘Tribal government’’ has the meaning given
                                             county receiving funds provided under a pay-            ernment’’ has the meaning given that term              such term in section 603(g).’.
                                             ment made under this section shall provide              in section 102(a)(1) of the Housing and Com-             ‘‘(2) TECHNICAL AMENDMENT.—The heading
                                             to the Secretary periodic reports providing a           munity Development Act of 1974 (42 U.S.C.              for title VI of the Social Security Act (42
                                             detailed accounting of the uses of such funds           5302(a)(1)).                                           U.S.C. 801 et seq.) is amended by striking
                                             by such metropolitan city, nonentitlement               ‘‘ ‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS             ‘FUND’ and inserting ‘AND FISCAL RECOV-
                                             unit of local government, or county and in-                           FUND.                                    ERY FUNDS’.’’.
                                             cluding such other information as the Sec-                ‘‘ ‘(a) APPROPRIATION.—In addition to                          Subtitle N—Other Provisions
                                             retary may require for the administration of            amounts otherwise available, there is appro-
                                             this section.                                                                                                  SEC. 9911. FUNDING FOR PROVIDERS RELATING
                                                                                                     priated for fiscal year 2021, out of any money                     TO COVID–19.
                                               ‘‘ ‘(e)   RECOUPMENT.—Any        metropolitan
                                                                                                     in the Treasury not otherwise appropriated,              Section 301 of division BB of the Consoli-
                                             city, nonentitlement unit of local govern-
                                             ment, or county that has failed to comply               $10,000,000,000, to remain available until ex-         dated Appropriations Act, 2021, as amended
                                             with subsection (c) shall be required to repay          pended, for making payments to States, ter-            by this Act, is amended by adding at the end
                                             to the Secretary an amount equal to the                 ritories, and Tribal governments to carry              the following new subsection:
                                             amount of funds used in violation of such               out critical capital projects directly ena-              ‘‘(l) FUNDING FOR PROVIDERS RELATED TO
                                             subsection.                                             bling work, education, and health moni-                COVID–19.—Part A of title XI of the Social
                                               ‘‘ ‘(f) REGULATIONS.—The Secretary shall              toring, including remote options, in response          Security Act (42 U.S.C. 1301 et seq.) is
                                             have the authority to issue such regulations            to the public health emergency with respect            amended by adding at the end the following:
                                             as may be necessary or appropriate to carry             to the Coronavirus Disease (COVID–19).                 ‘‘ ‘SEC. 1150C. FUNDING FOR PROVIDERS RELAT-
                                             out this section.                                         ‘‘ ‘(b) PAYMENTS TO EACH OF THE 50 STATES                          ING TO COVID–19.
                                               ‘‘ ‘(g) DEFINITIONS.—In this section:                 AND THE DISTRICT OF COLUMBIA.—                             ‘‘ ‘(a) FUNDING.—In addition to amounts
                                               ‘‘ ‘(1) COUNTY.—The term ‘‘county’’ means a             ‘‘ ‘(1)    MINIMUM      AMOUNTS.—From       the      otherwise available, there is appropriated to
                                             county, parish, or other equivalent county              amount appropriated under subsection (a)—              the Secretary, for fiscal year 2021, out of any
                                             division (as defined by the Bureau of the                 ‘‘ ‘(A) the Secretary shall pay $100,000,000 to      monies in the Treasury not otherwise appro-
                                             Census).                                                each State;                                            priated, $8,500,000,000 for purposes of making
                                               ‘‘ ‘(2) COVERED PERIOD.—The term ‘‘covered              ‘‘ ‘(B) the Secretary shall pay $100,000,000 to      payments to eligible health care providers
                                             period’’ means, with respect to a metropoli-            the Commonwealth of Puerto Rico and                    for health care related expenses and lost rev-
                                             tan city, nonentitlement unit of local gov-             $100,000,000 to the District of Columbia;              enues that are attributable to COVID–19.
                                             ernment, or county receiving funds under                  ‘‘ ‘(C) the Secretary shall pay $100,000,000 of      Amounts appropriated under the preceding
                                             this section, the period that—                          such amount in equal shares to the United              sentence shall remain available until ex-
                                               ‘‘ ‘(A) begins on March 3, 2021; and                  States Virgin Islands, Guam, American                  pended.
                                               ‘‘ ‘(B) ends on the last day of the fiscal year       Samoa, the Commonwealth of the Northern                  ‘‘ ‘(b) SPECIAL RULE REGARDING PARENT OR-
                                             of the metropolitan city, nonentitlement                Mariana Islands, the Republic of the Mar-              GANIZATIONS.—In the case of any payment
                                             unit of local government, or county in which            shall Islands, the Federated States of Micro-          made under this section to an eligible health
                                             all of the funds received by the metropolitan           nesia, and the Republic of Palau; and                  care provider, but which is received by a par-
                                             city, nonentitlement unit of local govern-                ‘‘ ‘(D) the Secretary shall pay $100,000,000 of      ent organization of such provider, such par-
                                             ment, or county under this section have been            such amount to Tribal governments and the              ent organization shall allocate all of such
                                             expended or returned to, or recovered by, the           State of Hawaii (in addition to the amount             payment to such provider.
                                             Secretary.                                              paid to the State of Hawaii under subpara-               ‘‘ ‘(c) APPLICATION REQUIREMENT.—To be el-
                                               ‘‘ ‘(3) FIRST TRANCHE AMOUNT.—The term                graph (A)), of which—                                  igible for a payment under this section, an
                                             ‘‘First Tranche Amount’’ means, with re-                  ‘‘ ‘(i) not less than $50,000 shall be paid to       eligible health care provider shall submit to
                                             spect to each metropolitan city for which an            each Tribal government; and                            the Secretary an application in such form
                                             amount is allocated under subsection (b)(1),              ‘‘ ‘(ii) not less than $50,000 shall be paid to      and manner as the Secretary shall prescribe.
                                             each State for which an amount is allocated             the State of Hawaii for the exclusive use of           Such application shall contain the following:
                                             under subsection (b)(2) for distribution to             the Department of Hawaiian Home Lands                    ‘‘ ‘(1) A statement justifying the need of
                                             nonentitlement units of local government,               and the Native Hawaiian Education Pro-                 the provider for the payment, including doc-
                                             and each county for which an amount is allo-            grams to assist Native Hawaiians in accord-            umentation of the health care related ex-
                                             cated under subsection (b)(3), 50 percent of            ance with this section.                                penses attributable to COVID–19 and lost
                                             the amount so allocated to such metropoli-                ‘‘ ‘(2) REMAINING AMOUNTS.—                          revenues attributable to COVID–19.
                                             tan city, State, or county (as applicable).               ‘‘ ‘(A) IN GENERAL.—From the amount of                 ‘‘ ‘(2) The tax identification number of the
                                               ‘‘ ‘(4) METROPOLITAN CITY.—The term ‘‘met-            the appropriation under subsection (a) that            provider.
                                             ropolitan city’’ has the meaning given that             remains after the application of paragraph               ‘‘ ‘(3) Such assurances as the Secretary de-
                                             term in section 102(a)(4) of the Housing and            (1), the Secretary shall make payments to              termines appropriate that the eligible health
                                             Community Development Act of 1974 (42                   States based on population such that—                  care provider will maintain and make avail-
                                             U.S.C. 5302(a)(4)) and includes cities that re-           ‘‘ ‘(i) 50 percent of such amount shall be al-       able such documentation and submit such re-
                                             linquish or defer their status as a metropoli-          located among the States based on the pro-             ports (at such time, in such form, and con-
                                             tan city for purposes of receiving allocations          portion that the population of each State              taining such information as the Secretary
                                             under section 106 of such Act (42 U.S.C. 5306)          bears to the population of all States;                 shall prescribe) as the Secretary determines
                                             for fiscal year 2021.                                     ‘‘ ‘(ii) 25 percent of such amount shall be al-      is necessary to ensure compliance with any
                                               ‘‘ ‘(5) NONENTITLEMENT UNIT OF LOCAL GOV-             located among the States based on the pro-             conditions imposed by the Secretary under
                                             ERNMENT.—The term ‘‘nonentitlement unit                 portion that the number of individuals living          this section.
                                             of local government’’ means a ‘‘city’’, as              in rural areas in each State bears to the                ‘‘ ‘(4) Any other information determined
                                             that term is defined in section 102(a)(5) of the        number of individuals living in rural areas in         appropriate by the Secretary.
                                             Housing and Community Development Act of                all States; and                                          ‘‘ ‘(d) LIMITATION.—Payments made to an
                                             1974 (42 U.S.C. 5302(a)(5))), that is not a met-          ‘‘ ‘(iii) 25 percent of such amount shall be         eligible health care provider under this sec-
                                             ropolitan city.                                         allocated among the States based on the pro-           tion may not be used to reimburse any ex-
                                               ‘‘ ‘(6) SECOND TRANCHE AMOUNT.—The term               portion that the number of individuals with            pense or loss that—
                                             ‘‘Second Tranche Amount’’ means, with re-               a household income that is below 150 percent             ‘‘ ‘(1) has been reimbursed from another
                                             spect to each metropolitan city for which an            of the poverty line applicable to a family of          source; or
                                             amount is allocated under subsection (b)(1),            the size involved in each State bears to the             ‘‘ ‘(2) another source is obligated to reim-
                                             each State for which an amount is allocated             number of such individuals in all States.              burse.
                                             under subsection (b)(2) for distribution to               ‘‘ ‘(B) DATA.—In determining the alloca-               ‘‘ ‘(e)   APPLICATION    OF    REQUIREMENTS,
                                             nonentitlement units of local government,               tions to be made to each State under sub-              RULES, AND PROCEDURES.—The Secretary
                                             and each county for which an amount is allo-            paragraph (A), the Secretary of the Treasury           shall apply any requirements, rules, or pro-
                                             cated under subsection (b)(3), an amount not            shall use the most recent data available from          cedures as the Secretary deems appropriate
                                             to exceed 50 percent of the amount so allo-             the Bureau of the Census.                              for the efficient execution of this section.
                                             cated to such metropolitan city, State, or                ‘‘ ‘(c) TIMING.—The Secretary shall estab-             ‘‘ ‘(f) DEFINITIONS.—In this section:
                                             county (as applicable).                                 lish a process of applying for grants to access          ‘‘ ‘(1) ELIGIBLE HEALTH CARE PROVIDER.—
                                               ‘‘ ‘(7) SECRETARY.—The term ‘‘Secretary’’             funding made available under section (b) not           The term ‘‘eligible health care provider’’




ctelli on DSK11ZRN23PROD with SENATE
                                             means the Secretary of the Treasury.                    later than 60 days after enactment of this             means—
                                               ‘‘ ‘(8) STATE.—The term ‘‘State’’ means               section.                                                 ‘‘ ‘(A) a provider of services (as defined in
                                             each of the 50 States, the District of Colum-             ‘‘ ‘(d) DEFINITIONS.—In this section:                section 1861(u)) or a supplier (as defined in
                                             bia, the Commonwealth of Puerto Rico, the                 ‘‘ ‘(1) SECRETARY.—The term ‘‘Secretary’’            section 1861(d)) that—
                                             United States Virgin Islands, Guam, the                 means the Secretary of the Treasury.                     ‘‘ ‘(i) is enrolled in the Medicare program
                                             Commonwealth of the Northern Mariana Is-                  ‘‘ ‘(2) STATE.—The term ‘‘State’’ means 1 of         under title XVIII under section 1866(j), in-
                                             lands, and American Samoa.                              the 50 States.                                         cluding temporarily enrolled during the




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                                             S1310                                             CONGRESSIONAL RECORD — SENATE                                                            March 5, 2021
                                             emergency period described in section                   ‘‘CHAPTER 13—MISCELLANEOUS FUNDING                       Tuberculosis, and Malaria Act of 2003 (22
                                             1135(g)(1)(B) for such period;                          ‘‘SEC.   500A.    DEPARTMENT      OF     STATE   OPER-   U.S.C. 7622(d)(4)(A)(i)), and such contribution
                                               ‘‘ ‘(ii) provides diagnoses, testing, or care                          ATIONS.                                 shall not be considered a contribution for the
                                             for individuals with possible or actual cases             ‘‘In addition to amounts otherwise avail-              purpose      of   applying      such    section
                                             of COVID–19; and                                        able, there is authorized and appropriated to            202(d)(4)(A)(i).
                                               ‘‘ ‘(iii) is located in a rural area or treated       the Secretary of State for fiscal year 2021,             ‘‘SEC. 500D. HUMANITARIAN RESPONSE.
                                             as located in a rural area pursuant to section          out of any money in the Treasury not other-                 ‘‘(a) IN GENERAL.—In addition to amounts
                                             1886(d)(8)(E); or                                       wise appropriated, $204,000,000, to remain               otherwise available, there is authorized and
                                               ‘‘ ‘(B) a provider or supplier that—                  available until September 30, 2022, for nec-             appropriated to the Secretary of State for
                                               ‘‘ ‘(i) is enrolled with a State Medicaid plan        essary expenses of the Department of State               fiscal year 2021, out of any money in the
                                             under title XIX (or a waiver of such plan) in           to carry out the authorities, functions, du-             Treasury      not   otherwise    appropriated,
                                             accordance with subsections (a)(77) and (kk)            ties, and responsibilities in the conduct of             $500,000,000, to remain available until Sep-
                                             of section 1902 (including enrolled pursuant            the foreign affairs of the United States, to             tember 30, 2022, to carry out the provisions of
                                             to section 1902(a)(78) or section 1932(d)(6)) or        prevent, prepare for, and respond to                     section 2(a) and (b) of the Migration and Ref-
                                             enrolled with a State child health plan under           coronavirus domestically or internationally,             ugee Assistance Act of 1962 (22 U.S.C. 2601(a)
                                             title XXI (or a waiver of such plan) in ac-             which shall include maintaining Department               and (b)) to prevent, prepare for, and respond
                                             cordance with subparagraph (G) of section               of State operations.                                     to coronavirus.
                                             2107(e)(1) (including enrolled pursuant to sub-         ‘‘SEC. 500B. UNITED STATES AGENCY FOR INTER-               ‘‘(b) USE OF FUNDS.—Funds appropriated
                                             paragraph (D) or (Q) of such section);                               NATIONAL DEVELOPMENT OPER-                  pursuant to this section shall not be made
                                               ‘‘ ‘(ii) provides diagnoses, testing, or care                      ATIONS.                                     available for the costs of resettling refugees
                                             for individuals with possible or actual cases             ‘‘In addition to amounts otherwise avail-              in the United States.
                                             of COVID–19; and                                        able, there is authorized and appropriated to            ‘‘SEC. 500E. MULTILATERAL ASSISTANCE.
                                               ‘‘ ‘(iii) is located in a rural area.                 the Administrator of the United States                     ‘‘In addition to amounts otherwise avail-
                                               ‘‘ ‘(2) HEALTH CARE RELATED EXPENSES AT-              Agency for International Development for                 able, there is authorized and appropriated to
                                             TRIBUTABLE TO COVID–19.—The term ‘‘health               fiscal year 2021, out of any money in the                the Secretary of State for fiscal year 2021,
                                             care related expenses attributable to COVID–            Treasury     not    otherwise    appropriated,           out of any money in the Treasury not other-
                                             19’’ means health care related expenses to              $41,000,000, to remain available until Sep-              wise appropriated, $580,000,000, to remain
                                             prevent, prepare for, and respond to COVID–             tember 30, 2022, to carry out the provisions of          available until September 30, 2022, to carry
                                             19, including the building or construction of           section 667 for necessary expenses of the                out the provisions of section 301(a) to pre-
                                             a temporary structure, the leasing of a prop-           United States Agency for International De-               vent,    prepare   for,   and   respond    to
                                             erty, the purchase of medical supplies and              velopment to prevent, prepare for, and re-               coronavirus, which shall include support for
                                             equipment, including personal protective                spond to coronavirus domestically or inter-              the priorities and objectives of the United
                                             equipment and testing supplies, providing for           nationally, and for other operations and                 Nations Global Humanitarian Response Plan
                                             increased workforce and training, including             maintenance      requirements     related    to          COVID–19 through voluntary contributions
                                             maintaining staff, obtaining additional staff,          coronavirus.                                             to international organizations and programs
                                             or both, the operation of an emergency oper-            ‘‘SEC. 500C. GLOBAL RESPONSE.                            administered by such organizations.’’.
                                             ation center, retrofitting a facility, pro-                ‘‘(a) IN GENERAL.—In addition to amounts
                                             viding for surge capacity, and other expenses           otherwise available, there is authorized and               SA 1118. Mr. GRAHAM (for himself
                                             determined appropriate by the Secretary.                appropriated to the Secretary of State for               and Mr. MARSHALL) submitted an
                                               ‘‘ ‘(3) LOST REVENUE ATTRIBUTABLE TO                  fiscal year 2021, out of any money in the
                                             COVID–19.—The term ‘‘lost revenue attrib-
                                                                                                                                                              amendment intended to be proposed to
                                                                                                     Treasury       not    otherwise   appropriated,
                                             utable to COVID–19’’ has the meaning given                                                                       amendment SA 891 proposed by Mr.
                                                                                                     $8,675,000,000, to remain available until Sep-
                                             that term in the Frequently Asked Questions             tember 30, 2022, for necessary expenses to               SCHUMER (for himself, Mr. WYDEN, Mrs.
                                             guidance released by the Department of                  carry out the provisions of section 531 of               MURRAY, Mr. BROWN, Mr. PETERS, Mr.
                                             Health and Human Services in June 2020, in-             chapter 4 of part II as health programs to               CARDIN, Ms. CANTWELL, Ms. STABENOW,
                                             cluding the difference between such pro-                prevent, prepare for, and respond to                     Mr. TESTER, Mr. MENENDEZ, Mr.
                                             vider’s budgeted and actual revenue if such             coronavirus, which shall include recovery                SCHATZ, Mr. CARPER, Mr. LEAHY, and
                                             budget had been established and approved                from the impacts of such virus and shall be              Mr. SANDERS) to the bill H.R. 1319, to
                                             prior to March 27, 2020.                                allocated as follows—
                                               ‘‘ ‘(4) PAYMENT.— The term ‘‘payment’’ in-                                                                     provide for reconciliation pursuant to
                                                                                                       ‘‘(1) $905,000,000 to be made available to the
                                             cludes, as determined appropriate by the                                                                         title II of S. Con. Res. 5; which was or-
                                                                                                     United States Agency for International De-
                                             Secretary, a pre-payment, a prospective pay-            velopment for global health activities to pre-           dered to lie on the table; as follows:
                                             ment, a retrospective payment, or a payment             vent,     prepare     for,  and    respond    to           Strike section 9901 and insert the fol-
                                             through a grant or other mechanism.                     coronavirus, which shall include a contribu-             lowing:
                                               ‘‘ ‘(5) RURAL AREA.—The term ‘‘rural area’’           tion to a multilateral vaccine development               SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
                                             means—                                                  partnership to support epidemic prepared-                            CAL RECOVERY FUND.
                                               ‘‘ ‘(A) a rural area (as defined in section           ness;                                                      (a) IN GENERAL.—Title VI of the Social Se-
                                             1886(d)(2)(D)); or                                        ‘‘(2) $3,750,000,000 to be made available to           curity Act (42 U.S.C. 801 et seq.) is amended
                                               ‘‘ ‘(B) any other rural area (as defined by           the Department of State to support pro-                  by adding at the end the following:
                                             the Secretary).’.                                       grams for the prevention, treatment, and                 ‘‘SEC.   602.CORONAVIRUS FISCAL RECOVERY
                                             SEC. 9912. EXTENSION OF CUSTOMS USER FEES.              control of HIV/AIDS in order to prevent, pre-                         FUND.
                                                                                                     pare for, and respond to coronavirus, includ-              ‘‘(a) APPROPRIATION.—
                                               (a) IN GENERAL.—Section 13031(j)(3) of the            ing to mitigate the impact on such programs                ‘‘(1) IN GENERAL.—Out of any money in the
                                             Consolidated Omnibus Budget Reconciliation              from coronavirus and support recovery from               Treasury of the United States not otherwise
                                             Act of 1985 (19 U.S.C. 58c(j)(3)) is amended—           the impacts of the coronavirus, of which not             appropriated, there are appropriated for
                                               (1) in subparagraph (A), by striking ‘‘Octo-          less than $3,500,000,000 shall be for a United           making payments to States, Tribal govern-
                                             ber 21, 2029’’ and inserting ‘‘September 30,            States contribution to the Global Fund to                ments, and units of local government under
                                             2030’’; and                                             Fight AIDS, Tuberculosis and Malaria;                    this section, $350,000,000,000 for fiscal year
                                               (2) in subparagraph (B)(i), by striking ‘‘Oc-           ‘‘(3) $3,090,000,000 to be made available to           2021.
                                             tober 21, 2029’’ and inserting ‘‘September 30,          the United States Agency for International                 ‘‘(2) RESERVATION OF FUNDS.—Of the
                                             2030’’.                                                 Development to prevent, prepare for, and re-             amount appropriated under paragraph (1),
                                               (b) RATE FOR MERCHANDISE PROCESSING                   spond to coronavirus, which shall include                the Secretary shall reserve—
                                             FEES.—Section 503 of the United States-                 support for international disaster relief, re-             ‘‘(A) $4,500,000,000 for making payments to
                                             Korea Free Trade Agreement Implementa-                  habilitation, and reconstruction, for health             the District of Columbia, the Commonwealth
                                             tion Act (Public Law 112–41; 19 U.S.C. 3805             activities, and to meet emergency food secu-             of Puerto Rico, the United States Virgin Is-
                                             note) is amended by striking ‘‘October 21,              rity needs; and                                          lands, Guam, the Commonwealth of the
                                             2029’’ and inserting ‘‘September 30, 2030’’.              ‘‘(4) $930,000,000 to be made available to             Northern Mariana Islands, and American
                                                                                                     prevent, prepare for, and respond to                     Samoa; and
                                                 TITLE X—COMMITTEE ON FOREIGN                        coronavirus, which shall include activities to             ‘‘(B) $20,000,000,000 for making payments to
                                                           RELATIONS                                 address economic and stabilization require-              Tribal governments.




ctelli on DSK11ZRN23PROD with SENATE
                                                                                                     ments resulting from such virus.                           ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—Not
                                             SEC. 10001. ADDITIONAL FUNDING FOR THE DE-                ‘‘(b) WAIVER OF LIMITATION.—Any contribu-              later than 30 days after the date of enact-
                                                         PARTMENT OF STATE AND FOR FOR-
                                                         EIGN ASSISTANCE.
                                                                                                     tion to the Global Fund to Fight AIDS, Tu-               ment of this section, the Secretary shall pay
                                                                                                     berculosis and Malaria made pursuant to                  each State and Tribal government the
                                               Part I of the Foreign Assistance Act (22              subsection (a)(2) shall be made available not-           amount determined for the State or Tribal
                                             U.S.C. 2151 et seq.) is amended by adding at            withstanding section 202(d)(4)(A)(i) of the              government for fiscal year 2021 under sub-
                                             the end the following:                                  United States Leadership Against HIV/AIDS,               section (c).




                                       VerDate Sep 11 2014   09:39 Mar 07, 2021   Jkt 019060   PO 00000   Frm 00094    Fmt 0637   Sfmt 0634   E:\CR\FM\A05MR6.148      S05MRPT1


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