Congressional Record — Senate, March 5, 2021, Page S1311
Summary
This Congressional Record, Senate, March 5, 2021 section prints amendment text for Sec. 9901, Coronavirus State and Local Fiscal Recovery Funds, adding Sec. 602 to title VI of the Social Security Act. The text appropriates $219,800,000,000, to remain available through December 31, 2024, and $50,000,000 for administration, reserves $4,500,000,000 for the territories and $20,000,000,000 for Tribal governments, and sets a minimum payment of $2,927,000,000 for each of the 50 States. It has each State distribute 45 percent of the payment to units of local government and provides Inspector General oversight and recoupment. SA 1121, by Mr. Lee, is also listed.
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“Congressional Record — Senate, March 5, 2021, Page S1311.”
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1311
‘‘(c) PAYMENT AMOUNTS.— ‘‘(C) were incurred during the period that SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS-
‘‘(1) IN GENERAL.—Subject to paragraph (2), begins on March 1, 2020, and ends on Decem- CAL RECOVERY FUNDS.
the amount paid under this section for fiscal ber 31, 2022. (a) IN GENERAL.—Title VI of the Social Se-
year 2021 to a State that is 1 of the 50 States ‘‘(2) STATE DISTRIBUTIONS TO UNITS OF curity Act (42 U.S.C. 801 et seq.) is amended
shall be the amount equal to the relative LOCAL GOVERNMENT.— by adding at the end the following:
population proportion amount determined ‘‘(A) IN GENERAL.—Each State (other than ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV-
for the State under paragraph (3) for such ERY FUND.
the District of Columbia) shall distribute 45
fiscal year. percent of the amount allocated and paid to ‘‘(a) APPROPRIATION.—In addition to
‘‘(2) MINIMUM PAYMENT.— the State under this section to units of local amounts otherwise available, there is appro-
‘‘(A) IN GENERAL.—No State that is 1 of the government in the State in accordance with priated for fiscal year 2021, out of any money
50 States shall receive a payment under this in the Treasury not otherwise appropriated—
this paragraph.
section for fiscal year 2021 that is less than ‘‘(1) $219,800,000,000, to remain available
‘‘(B) MANNER OF DISTRIBUTION.—A State
$2,927,000,000. through December 31, 2024, for making pay-
shall allocate the amount that the State is
‘‘(B) PRO RATA ADJUSTMENTS.—The Sec- ments under this section to States, terri-
required to distribute among units of local
retary shall adjust on a pro rata basis the tories, and Tribal governments to mitigate
government in the State based on the popu-
amount of the payments for each of the 50 the fiscal losses directly caused by the public
lation of each such unit of local government
States determined under this subsection health emergency with respect to the
(as determined by the State) relative to the
without regard to this subparagraph to the Coronavirus Disease (COVID–19); and
population of all units of local government
extent necessary to comply with the require- ‘‘(2) $50,000,000, to remain available until
in the State.
ments of subparagraph (A). expended, for the costs of the Secretary for
‘‘(C) APPLICATION OF USES OF FUNDS.—The administration of the funds established
‘‘(3) RELATIVE POPULATION PROPORTION limitations on the uses of funds described in
AMOUNT.—For purposes of paragraph (1), the under this title.
paragraph (1) shall apply to amounts distrib- ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
relative population proportion amount de- uted to a unit of local government under this
termined under this paragraph for a State ‘‘(1) PAYMENTS TO TERRITORIES.—
paragraph in the same manner that such ‘‘(A) IN GENERAL.—The Secretary shall re-
for fiscal year 2021 is the product of— limitations apply to a payment to a State
‘‘(A) the amount appropriated under para- serve $4,500,000,000 of the amount appro-
under this subsection. priated under subsection (a)(1) to make pay-
graph (1) of subsection (a) for fiscal year 2021
‘‘(e) INSPECTOR GENERAL OVERSIGHT; ments to the territories.
that remains after the application of para-
RECOUPMENT.— ‘‘(B) ALLOCATION.—Of the amount reserved
graph (2) of that subsection; and
‘‘(1) OVERSIGHT AUTHORITY.—The Inspector under subparagraph (A)—
‘‘(B) the relative State population propor-
General of the Department of the Treasury ‘‘(i) 50 percent of such amount shall be al-
tion (as defined in paragraph (4)).
shall conduct monitoring and oversight of located by the Secretary equally to each ter-
‘‘(4) RELATIVE STATE POPULATION PROPOR-
the receipt, disbursement, and use of funds ritory; and
TION DEFINED.—For purposes of paragraph
made available under this section. ‘‘(ii) 50 percent of such amount shall be al-
(3)(B), the term ‘relative State population
‘‘(2) RECOUPMENT.—If the Inspector General located by the Secretary as an additional
proportion’ means, with respect to a State,
the quotient of— of the Department of the Treasury deter- amount to each territory in an amount
‘‘(A) the population of the State; and mines that a State, Tribal government, or which bears the same proportion to 1⁄2 of the
‘‘(B) the total population of all States (ex- unit of local government has failed to com- total amount reserved under subparagraph
cluding the District of Columbia and terri- ply with subsection (d), the amount equal to (A) as the population of the territory bears
tories specified in subsection (a)(2)(A)). the amount of funds used in violation of such to the total population of all such terri-
‘‘(5) DISTRICT OF COLUMBIA AND TERRI- subsection shall be booked as a debt of such tories.
TORIES.—The amount paid under this section entity owed to the Federal Government. ‘‘(C) PAYMENT.—The Secretary shall pay
for fiscal year 2021 to a State that is the Dis- Amounts recovered under this subsection each territory the total of the amounts allo-
trict of Columbia or a territory specified in shall be deposited into the general fund of cated for the territory under subparagraph
subsection (a)(2)(A) shall be the amount the Treasury. (B) in accordance with paragraph (6).
equal to the product of— ‘‘(3) FUNDING.—The Inspector General of ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
‘‘(A) the amount set aside under subsection the Department of the Treasury may use ‘‘(A) IN GENERAL.—The Secretary shall re-
(a)(2)(A) for such fiscal year; and amounts appropriated under section 601(f)(3) serve $20,000,000,000 of the amount appro-
‘‘(B) each such District’s and territory’s to carry out oversight and recoupment ac- priated under subsection (a)(1) to make pay-
share of the combined total population of the tivities under this subsection. ments to Tribal governments.
District of Columbia and all such territories, ‘‘(4) AUTHORITY OF INSPECTOR GENERAL.— ‘‘(B) ALLOCATION.—Of the amount reserved
as determined by the Secretary. Nothing in this subsection shall be construed under subparagraph (A)—
‘‘(6) TRIBAL GOVERNMENTS.—From the to diminish the authority of any Inspector ‘‘(i) $1,000,000,000 shall be allocated by the
amount set aside under subsection (a)(2)(B) General, including such authority as pro- Secretary equally among each of the Tribal
for fiscal year 2021, the amount paid under vided in the Inspector General Act of 1978 (5 governments; and
this section for fiscal year 2021 to a Tribal U.S.C. App.). ‘‘(ii) $19,000,000,000 shall be allocated by the
government shall be the amount the Sec- ‘‘(f) DEFINITIONS.—In this section: Secretary to the Tribal governments in a
retary shall determine, in consultation with ‘‘(1) IN GENERAL.—The terms ‘Indian Tribe’, manner determined by the Secretary.
the Secretary of the Interior and Indian ‘Secretary’, ‘State’, and ‘Tribal government’ ‘‘(C) PAYMENT.— The Secretary shall pay
Tribes, that is based on increased expendi- shall have the meaning given such terms in each Tribal government the total of the
tures of each such Tribal government (or a section 601(g). amounts allocated for the Tribal government
tribally-owned entity of such Tribal govern- ‘‘(2) UNIT OF LOCAL GOVERNMENT.—The term under subparagraph (B) in accordance with
ment) relative to aggregate expenditures in ‘unit of local government’ means a county, paragraph (6).
fiscal year 2019 by the Tribal government (or municipality, town, township, village, par- ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES
tribally-owned entity) and determined in ish, borough, or other unit of general govern- AND THE DISTRICT OF COLUMBIA.—
such manner as the Secretary determines ap- ment below the State level.’’. ‘‘(A) IN GENERAL.—The Secretary shall re-
propriate to ensure that all amounts avail- (b) TECHNICAL AMENDMENT.—The heading serve $195,300,000,000 of the amount appro-
able under subsection (a)(2)(B) for fiscal year for title VI of the Social Security Act (42 priated under subsection (a)(1) to make pay-
2021 are distributed to Tribal governments. U.S.C. 801 et seq.) is amended by striking ments to each of the 50 States and the Dis-
‘‘(7) DATA.—For purposes of this sub- ‘‘FUND’’ and inserting ‘‘AND FISCAL RE- trict of Columbia.
section, the population of States shall be de- COVERY FUNDS’’. ‘‘(B) ALLOCATIONS.—Of the amount re-
termined based on the most recent year for served under subparagraph (A)—
which data are available from the Bureau of ‘‘(i) $25,500,000,000 of such amount shall be
SA 1119. Mr. LEE submitted an
the Census. allocated by the Secretary equally among
‘‘(d) USE OF FUNDS.— amendment intended to be proposed to each of the 50 States and the District of Co-
‘‘(1) IN GENERAL.—Subject to paragraph (2), amendment SA 891 proposed by Mr. lumbia;
a State or Tribal government shall use the SCHUMER (for himself, Mr. WYDEN, Mrs. ‘‘(ii) an amount equal to $1,250,000,000 less
funds provided under a payment made under MURRAY, Mr. BROWN, Mr. PETERS, Mr. the amount allocated for the District of Co-
this section to cover only those costs of the CARDIN, Ms. CANTWELL, Ms. STABENOW, lumbia pursuant to section 601(c)(6) shall be
State or Tribal government that— Mr. TESTER, Mr. MENENDEZ, Mr. allocated by the Secretary as an additional
‘‘(A) are necessary expenditures incurred SCHATZ, Mr. CARPER, Mr. LEAHY, and amount to the District of Columbia; and
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due to the public health emergency with re- ‘‘(iii) an amount equal to the remainder of
Mr. SANDERS) to the bill H.R. 1319, to
spect to the Coronavirus Disease 2019 the amount reserved under subparagraph (A)
(COVID–19); provide for reconciliation pursuant to after the application of clauses (i) and (ii) of
‘‘(B) were not accounted for in the budget title II of S. Con. Res. 5; which was or- this subparagraph shall be allocated by the
most recently approved as of the date of en- dered to lie on the table; as follows: Secretary as an additional amount to each of
actment of this section for the State or gov- Strike section 9901 and insert the fol- the 50 States and the District of Columbia in
ernment; and lowing: an amount which bears the same proportion
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S1312 CONGRESSIONAL RECORD — SENATE March 5, 2021
to such remainder as the average estimated ‘‘(A) to respond to the public health emer- as may be necessary or appropriate to carry
number of seasonally-adjusted unemployed gency with respect to the Coronavirus Dis- out this section.
individuals (as measured by the Bureau of ease 2019 (COVID–19) or its negative eco- ‘‘(g) DEFINITIONS.—In this section:
Labor Statistics Local Area Unemployment nomic impacts, including assistance to ‘‘(1) COVERED PERIOD.—The term ‘covered
Statistics program) in the State or District households, small businesses, and nonprofits, period’ means, with respect to a State, terri-
of Columbia over the 3-month period ending or aid to impacted industries such as tour- tory, or Tribal government, the period that—
with December 2020 bears to the average esti- ism, travel, and hospitality; or ‘‘(A) begins on March 3, 2021; and
mated number of seasonally-adjusted unem- ‘‘(B) for the provision of government serv- ‘‘(B) ends on the last day of the fiscal year
ployed individuals in all of the 50 States and ices to the extent of the reduction in revenue of such State, territory, or Tribal govern-
the District of Columbia over the same pe- of such State, territory, or Tribal govern- ment in which all funds received by the
riod. ment due to such emergency. State, territory, or Tribal government from
‘‘(C) PAYMENT.— ‘‘(2) FURTHER RESTRICTION ON USE OF a payment made under this section or a
‘‘(i) IN GENERAL.—Subject to clause (ii), the FUNDS.— transfer made under section 603(c)(4) have
Secretary shall pay each of the 50 States and ‘‘(A) IN GENERAL.—A State or territory been expended or returned to, or recovered
the District of Columbia, from the amount shall not use the funds provided under this by, the Secretary.
reserved under subparagraph (A), the total of section or transferred pursuant to section ‘‘(2) SECRETARY.—The term ‘Secretary’
the amounts allocated for the State and Dis- 603(c)(4) to either directly or indirectly offset means the Secretary of the Treasury.
trict of Columbia under subparagraph (B) in a reduction in the net tax revenue of such ‘‘(3) STATE.—The term ‘State’ means each
accordance with paragraph (6). State or territory resulting from a change in of the 50 States and the District of Columbia.
‘‘(ii) MINIMUM PAYMENT REQUIREMENT.— law, regulation, or administrative interpre- ‘‘(4) TERRITORY.—The term ‘territory’
‘‘(I) IN GENERAL.—The sum of— tation during the covered period that re- means the Commonwealth of Puerto Rico,
‘‘(aa) the total amounts allocated for 1 of duces any tax (by providing for a reduction the United States Virgin Islands, Guam, the
the 50 States or the District of Columbia in a rate, a rebate, a deduction, a credit, or Commonwealth of the Northern Mariana Is-
under subparagraph (B) (as determined with- otherwise) or delays the imposition of any lands, and American Samoa.
out regard to this clause); and tax or tax increase. ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib-
‘‘(bb) the amounts allocated under section ‘‘(B) PENSION FUNDS.—No State or territory al Government’ means the recognized gov-
603 to the State (for distribution by the may use funds made available under this sec- erning body of any Indian or Alaska Native
State to nonentitlement units of local gov- tion for deposit into any pension fund. tribe, band, nation, pueblo, village, commu-
ernment in the State) and to metropolitan ‘‘(3) TRANSFER AUTHORITY.—A State, terri- nity, component band, or component res-
cities and counties in the State; tory, or Tribal government receiving a pay- ervation, individually identified (including
shall not be less than the amount paid to the ment from funds made available under this parenthetically) in the list published most
State or District of Columbia for fiscal year section may transfer funds to a private non- recently as of the date of enactment of this
2020 under section 601. profit organization (as that term is defined Act pursuant to section 104 of the Federally
‘‘(II) PRO RATA ADJUSTMENT.—The Sec- in paragraph (17) of section 401 of the McKin- Recognized Indian Tribe List Act of 1994 (25
retary shall adjust on a pro rata basis the ney-Vento Homeless Assistance Act (42 U.S.C. 5131).
amount of the allocations for each of the 50
U.S.C. 11360(17)), a Tribal organization (as ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV-
States and the District of Columbia deter-
that term is defined in section 4 of the In- ERY FUND.
mined under subparagraph (B)(iii) (without
dian Self-Determination and Education As- ‘‘(a) APPROPRIATION.—In addition to
regard to this clause) to the extent necessary
sistance Act (25 U.S.C. 5304)), a public benefit amounts otherwise available, there is appro-
to comply with the requirement of subclause
corporation involved in the transportation of priated for fiscal year 2021, out of any money
(I).
passengers or cargo, or a special-purpose in the Treasury not otherwise appropriated,
‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—
unit of State or local government. $120,200,000,000, to remain available through
The amounts otherwise determined for allo-
cation and payment under paragraphs (1), (2), ‘‘(d) CERTIFICATIONS AND REPORTS.— December 31, 2024, for making payments
and (3) may be adjusted by the Secretary on ‘‘(1) IN GENERAL.—In order for a State or under this section to metropolitan cities,
a pro rata basis to the extent necessary to territory to receive a payment under this nonentitlement units of local government,
ensure that all available funds are allocated section, or a transfer of funds under section and counties to mitigate the fiscal losses di-
to States, territories, and Tribal govern- 603(c)(4), the State or territory shall provide rectly caused by the public health emer-
ments in accordance with the requirements the Secretary with a certification, signed by gency with respect to the Coronavirus Dis-
specified in each such paragraph (as applica- an authorized officer of such State or terri- ease (COVID–19).
ble). tory, that such State or territory requires ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
‘‘(5) POPULATION DATA.—For purposes of de- the payment or transfer to carry out the ac- ‘‘(1) METROPOLITAN CITIES.—
termining allocations for a territory under tivities specified in subsection (c) of this sec- ‘‘(A) IN GENERAL.—Of the amount appro-
this section, the population of the territory tion and will use any payment under this priated under subsection (a), the Secretary
shall be determined based on the most recent section, or transfer of funds under section shall reserve $42,070,000,000 to make pay-
data available from the Bureau of the Cen- 603(c)(4), in compliance with subsection (c) of ments to metropolitan cities.
sus. this section ‘‘(B) ALLOCATION AND PAYMENT.—From the
‘‘(6) TIMING.— ‘‘(2) REPORTING.—Any State, territory, or amount reserved under subparagraph (A), the
‘‘(A) IN GENERAL.—To the extent prac- Tribal government receiving a payment Secretary shall allocate and, in accordance
ticable, with respect to each State and terri- under this section shall provide to the Sec- with paragraph (7), pay to each metropolitan
tory allocated a payment under this sub- retary periodic reports providing a detailed city an amount determined for the metro-
section, the Secretary shall make the pay- accounting of— politan city consistent with the formula
ment required for the State or territory not ‘‘(A) the uses of funds by such State, terri- under section 106(b) of the Housing and Com-
later than 60 days after the date on which tory, or Tribal government, including, in the munity Development Act of 1974 (42 U.S.C.
the certification required under subsection case of a State or a territory, all modifica- 5306(b)), except that, in applying such for-
(d)(1) is provided to the Secretary. tions to the State’s or territory’s tax rev- mula, the Secretary shall substitute ‘all
‘‘(B) TRIBAL GOVERNMENTS.—To the extent enue sources during the covered period; and metropolitan cities’ for ‘all metropolitan
practicable, with respect to each Tribal gov- ‘‘(B) such other information as the Sec- areas’ each place it appears.
ernment for which an amount is allocated retary may require for the administration of ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV-
under this subsection, the Secretary shall this section. ERNMENT.—
make the payment required for the Tribal ‘‘(e) RECOUPMENT.—Any State, territory, or ‘‘(A) IN GENERAL.—Of the amount appro-
government not later than 60 days after the Tribal government that has failed to comply priated under subsection (a), the Secretary
date of enactment of this section. with subsection (c) shall be required to repay shall reserve $18,030,000,000 to make pay-
‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO- to the Secretary an amount equal to the ments to States for distribution by the State
LUMBIA.—The Secretary shall pay the amount of funds used in violation of such to nonentitlement units of local government
amount allocated under paragraph (3)(B)(ii) subsection, provided that, in the case of a in the State.
to the District of Columbia not later than 15 violation of subsection (c)(2)(A), the amount ‘‘(B) ALLOCATION AND PAYMENT.—From the
days after the date of enactment of this sec- the State or territory shall be required to amount reserved under subparagraph (A), the
tion. repay shall be lesser of— Secretary shall allocate and, in accordance
‘‘(c) REQUIREMENTS.— ‘‘(1) the amount of the applicable reduction with paragraph (7), pay to each State an
‘‘(1) USE OF FUNDS.—Subject to paragraph to net tax revenue attributable to such vio- amount which bears the same proportion to
ctelli on DSK11ZRN23PROD with SENATE
(2), and except as provided in paragraph (3), lation; and such reserved amount as the total popu-
a State, territory, or Tribal government ‘‘(2) the amount of funds received by such lation of all nonentitlement units of local
shall only use the funds provided under a State or territory pursuant to a payment government in the State bears to the total
payment made under this section, or trans- made under this section or a transfer made population of all nonentitlement units of
ferred pursuant to section 603(c)(4), to cover under section 603(c)(4). local government in all such States.
costs incurred by the State, territory, or ‘‘(f) REGULATIONS.—The Secretary shall ‘‘(C) DISTRIBUTION TO NONENTITLEMENT
Tribal government, by December 31, 2024— have the authority to issue such regulations UNITS OF LOCAL GOVERNMENT.—
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1313
‘‘(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 an ment unit of local government, or county, by
such clause that it would constitute an ex- ‘urban county’ (as defined in section 102 of December 31, 2024—
cessive administrative burden for the State 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; or
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.
make all the distributions required under amount shall instead be paid to the State in ‘‘(2) PENSION FUNDS.—No metropolitan
clause (i) before the end of such period as ex- which such county is located, and such State city, nonentitlement unit of local govern-
tended, an authorized officer of the State shall distribute such amount to each unit of ment, or county may use funds made avail-
may request an additional extension of the general local government within such county able under this section for deposit into any
distribution period of not more than 30 days. in an amount that bears the same proportion pension fund.
The Secretary may grant a request for an ad- to the amount to be paid to such county as ‘‘(3) TRANSFER AUTHORITY.—A metropolitan
ditional extension of such period only if— the population of such units of general local city, nonentitlement unit of local govern-
‘‘(AA) the authorized officer making such government bears to the total population of ment, or county receiving a payment from
request provides a written plan to the Sec- such county. funds made available under this section may
retary specifying, for each distribution for ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes transfer funds to a private nonprofit organi-
which an additional extension is requested, of this paragraph, the District of Columbia zation (as that term is defined in paragraph
when the State expects to make such dis- shall be considered to consist of a single (17) of section 401 of the McKinney-Vento
tribution and the actions the State has county that is a unit of general local govern- Homeless Assistance Act (42 U.S.C. 11360(17)),
taken and will take in order to make all ment.
a public benefit corporation involved in the
such distributions before the end of the dis- ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit
transportation of passengers or cargo, or a
tribution period (as extended under sub- of general local government that has formed
special-purpose unit of State or local govern-
clause (I) and this subclause); and a consolidated government, or that is geo-
ment.
‘‘(BB) the Secretary determines that such graphically contained (in full or in part)
‘‘(4) TRANSFERS TO STATES.—Notwith-
plan is reasonably designed to distribute all within the boundaries of another unit of gen-
standing paragraph (1), a metropolitan city,
such funds to nonentitlement units of local eral local government may receive a dis-
nonentitlement unit of local government, or
government by the end of the distribution tribution under each of paragraphs (1), (2),
county receiving a payment from funds made
period (as so extended). and (3), as applicable, based on the respective
available under this section may transfer
‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If formulas specified in such paragraphs.
such funds to the State in which such entity
a State granted an additional extension of ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—
the distribution period under item (aa) re- The amounts otherwise determined for allo- is located.
‘‘(d) REPORTING.—Any metropolitan city,
quires any further additional extensions of cation and payment under paragraphs (1), (2),
nonentitlement unit of local government, or
such period, the request only may be made and (3) may be adjusted by the Secretary on
county receiving funds provided under a pay-
and granted subject to the requirements a pro rata basis to the extent necessary to
ment made under this section shall provide
specified in item (aa). ensure that all available funds are distrib-
to the Secretary periodic reports providing a
‘‘(iii) CAPPED AMOUNT.—The total amount uted to metropolitan cities, counties, and
detailed accounting of the uses of such funds
distributed to a nonentitlement unit of local States in accordance with the requirements
by such metropolitan city, nonentitlement
government under this paragraph may not specified in each paragraph (as applicable) unit of local government, or county and in-
exceed the amount equal to 75 percent of the and the certification requirement specified cluding such other information as the Sec-
most recent budget for the nonentitlement in subsection (d). retary may require for the administration of
unit of local government as of January 27, ‘‘(6) POPULATION.—For purposes of deter- this section.
2020. mining allocations under this section, the ‘‘(e) RECOUPMENT.—Any metropolitan city,
‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any population of an entity shall be determined nonentitlement unit of local government, or
amounts not distributed to a nonentitlement based on the most recent data are available county that has failed to comply with sub-
unit of local government as a result of the from the Bureau of the Census or, if not section (c) shall be required to repay to the
application of clause (iii) shall be returned available, from such other data as a State Secretary an amount equal to the amount of
to the Secretary. determines appropriate. funds used in violation of such subsection.
‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by ‘‘(7) TIMING.— ‘‘(f) REGULATIONS.—The Secretary shall
the end of the 120-day period that begins on ‘‘(A) FIRST TRANCHE AMOUNT.—To the ex- have the authority to issue such regulations
the date a State receives a payment from the tent practicable, with respect to each metro- as may be necessary or appropriate to carry
amount allocated under subparagraph (B) or, politan city for which an amount is allocated out this section.
if later, the last day of the distribution pe- under paragraph (1), each State for which an ‘‘(g) DEFINITIONS.—In this section:
riod for the State (as extended with respect amount is allocated under paragraph (2) for ‘‘(1) COUNTY.—The term ‘county’ means a
to the State under subparagraph (C)(ii)), distribution to nonentitlement units of local county, parish, or other equivalent county
such State has failed to make all the dis- government, and each county for which an division (as defined by the Bureau of the
tributions from such payment in accordance amount is allocated under paragraph (3), the Census).
with the terms of subparagraph (C) (includ- Secretary shall pay from such allocation the ‘‘(2) COVERED PERIOD.—The term ‘covered
ctelli on DSK11ZRN23PROD with SENATE
ing any extensions of the distribution period First Tranche Amount for such city, State, period’ means, with respect to a metropoli-
granted in accordance with such subpara- or county not later than 60 days after the tan city, nonentitlement unit of local gov-
graph), an amount equal to the amount of date of enactment of this section. ernment, or county receiving funds under
such payment that remains undistributed as ‘‘(B) SECOND TRANCHE AMOUNT.—The Sec- this section, the period that—
of such date shall be booked as a debt of such retary shall pay to each metropolitan city ‘‘(A) begins on March 3, 2021; and
State owed to the Federal Government, shall for which an amount is allocated under para- ‘‘(B) ends on the last day of the fiscal year
be paid back from the State’s allocation pro- graph (1), each State for which an amount is of the metropolitan city, nonentitlement
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S1314 CONGRESSIONAL RECORD — SENATE March 5, 2021
unit of local government, or county in which ‘‘(D) the Secretary shall pay $100,000,000 of title II of S. Con. Res. 5; which was or-
all of the funds received by the metropolitan such amount to Tribal governments and the dered to lie on the table; as follows:
city, nonentitlement unit of local govern- State of Hawaii (in addition to the amount
On page 602, strike line 10 and all that fol-
ment, or county under this section have been paid to the State of Hawaii under subpara-
lows through page 605, line 20, and insert the
expended or returned to, or recovered by, the graph (A)), of which—
following:
Secretary. ‘‘(i) not less than $50,000 shall be paid to
‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.—
‘‘(3) FIRST TRANCHE AMOUNT.—The term each Tribal government; and
‘First Tranche Amount’ means, with respect The term ‘unit of general local government’
‘‘(ii) not less than $50,000 shall be paid to
to each metropolitan city for which an has the meaning given that term in section
the State of Hawaii for the exclusive use of
amount is allocated under subsection (b)(1), 102(a)(1) of the Housing and Community De-
the Department of Hawaiian Home Lands
each State for which an amount is allocated velopment Act of 1974 (42 U.S.C. 5302(a)(1)).’’.
and the Native Hawaiian Education Pro-
under subsection (b)(2) for distribution to grams to assist Native Hawaiians in accord-
nonentitlement units of local government, ance with this section. SA 1122. Mr. LEE submitted an
and each county for which an amount is allo- ‘‘(2) REMAINING AMOUNTS.— amendment intended to be proposed to
cated under subsection (b)(3), 50 percent of ‘‘(A) IN GENERAL.—From the amount of the amendment SA 891 proposed by Mr.
the amount so allocated to such metropoli- appropriation under subsection (a) that re-
tan city, State, or county (as applicable).
SCHUMER (for himself, Mr. WYDEN, Mrs.
mains after the application of paragraph (1),
‘‘(4) METROPOLITAN CITY.—The term ‘met- MURRAY, Mr. BROWN, Mr. PETERS, Mr.
the Secretary shall make payments to
ropolitan city’ has the meaning given that States based on population such that— CARDIN, Ms. CANTWELL, Ms. STABENOW,
term in section 102(a)(4) of the Housing and ‘‘(i) 50 percent of such amount shall be al- Mr. TESTER, Mr. MENENDEZ, Mr.
Community Development Act of 1974 (42 located among the States based on the pro- SCHATZ, Mr. CARPER, Mr. LEAHY, and
U.S.C. 5302(a)(4)) and includes cities that re- portion that the population of each State Mr. SANDERS) to the bill H.R. 1319, to
linquish or defer their status as a metropoli- bears to the population of all States; provide for reconciliation pursuant to
tan city for purposes of receiving allocations ‘‘(ii) 25 percent of such amount shall be al- title II of S. Con. Res. 5; which was or-
under section 106 of such Act (42 U.S.C. 5306) located among the States based on the pro-
for fiscal year 2021. dered to lie on the table; as follows:
portion that the number of individuals living
‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV- in rural areas in each State bears to the Beginning on page 578, strike line 22 and
ERNMENT.—The term ‘nonentitlement unit of number of individuals living in rural areas in all that follows through page 579, line 15, and
local government’ means a ‘city’, as that all States; and insert the following:
term is defined in section 102(a)(5) of the ‘‘(iii) 25 percent of such amount shall be al- ‘‘(iii) an amount equal to the remainder of
Housing and Community Development Act of located among the States based on the pro- the amount reserved under subparagraph (A)
1974 (42 U.S.C. 5302(a)(5))), that is not a met- portion that the number of individuals with after the application of clauses (i) and (ii) of
ropolitan city. a household income that is below 150 percent this subparagraph shall be allocated by the
‘‘(6) SECOND TRANCHE AMOUNT.—The term of the poverty line applicable to a family of Secretary as an additional amount to each of
‘Second Tranche Amount’ means, with re- the size involved in each State bears to the the 50 States and the District of Columbia in
spect to each metropolitan city for which an number of such individuals in all States. an amount which bears the same proportion
amount is allocated under subsection (b)(1), ‘‘(B) DATA.—In determining the allocations to such remainder as the population of the
each State for which an amount is allocated to be made to each State under subparagraph State or District of Columbia bears to the
under subsection (b)(2) for distribution to (A), the Secretary of the Treasury shall use total population of all 50 States and the Dis-
nonentitlement units of local government, the most recent data available from the Bu- trict of Columbia.
and each county for which an amount is allo- reau of the Census.
cated under subsection (b)(3), an amount not ‘‘(c) TIMING.—The Secretary shall establish SA 1123 Mr. LEE submited an amend-
to exceed 50 percent of the amount so allo- a process of applying for grants to access ment intended to be proposed to
cated to such metropolitan city, State, or funding made available under section (b) not
county (as applicable). amendment SA 891 proposed by Mr.
later than 60 days after enactment of this
‘‘(7) SECRETARY.—The term ‘Secretary’ section.
SCHUMER (for himself, Mr. WYDEN, Mrs.
means the Secretary of the Treasury. ‘‘(d) DEFINITIONS.—In this section: MURRAY, Mr. BROWN, Mr. PETERS, Mr.
‘‘(8) STATE.—The term ‘State’ means each ‘‘(1) SECRETARY.—The term ‘Secretary’ CARDIN, Ms. CANTWELL, Ms. STABENOW,
of the 50 States, the District of Columbia, means the Secretary of the Treasury. Mr. TESTER, Mr. MENENDEZ, Mr.
the Commonwealth of Puerto Rico, the ‘‘(2) STATE.—The term ‘State’ means 1 of SCHATZ, Mr CARPER, Mr. LEAHY, and
United States Virgin Islands, Guam, the the 50 States. Mr. SANDERS) to the bill H.R. 1319, to
Commonwealth of the Northern Mariana Is- ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib- provide for reconciliation pursuant to
lands, and American Samoa. al government’ has the meaning given such
‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.— title II of S.Con. Res 5; which was or-
term in section 603(g).’’.
The term ‘unit of general local government’ (b) CONFORMING AMENDMENT.—The heading dered to lie on the table; as follows:
has the meaning given that term in section for title VI of the Social Security Act (42 On page 584, insert the following after line
102(a)(1) of the Housing and Community De- U.S.C. 801 et seq.) is amended by striking 17:
velopment Act of 1974 (42 U.S.C. 5302(a)(1)). ‘‘FUND’’ and inserting ‘‘, FISCAL RECOV- ‘‘(4) REQUIREMENT TO AUTHORIZE IN-PERSON
‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS ERY, AND CRITICAL CAPITAL PROJECTS STUDENT ATTENDANCE.—Notwithstanding any
FUND. FUNDS’’. other provision of this title, the Secretary
‘‘(a) APPROPRIATION.—In addition to shall not make a payment of any amount
amounts otherwise available, there is appro- SA 1120. Mr. LEE submitted an under this section to a State, territory, or
priated for fiscal year 2021, out of any money amendment intended to be proposed to Tribal organization if, as of the date that the
in the Treasury not otherwise appropriated, amendment SA 891 proposed by Mr. payment would otherwise be required to be
$10,000,000,000, to remain available until ex- made under this section, the State, terri-
pended, for making payments to States, ter-
SCHUMER (for himself, Mr. WYDEN, Mrs.
MURRAY, Mr. BROWN, Mr. PETERS, Mr. tory, or Tribal organization has not author-
ritories, and Tribal governments to carry ized in-person student attendance at all pri-
out critical capital projects directly ena- CARDIN, Ms. CANTWELL, Ms. STABENOW,
mary and secondary schools in the State,
bling work, education, and health moni- Mr. TESTER, Mr. MENENDEZ, Mr.
territory, or jurisdiction of the Tribal gov-
toring, including remote options, in response SCHATZ, Mr. CARPER, Mr. LEAHY, and ernment.
to the public health emergency with respect Mr. SANDERS) to the bill H.R. 1319, to
to the Coronavirus Disease (COVID–19). provide for reconciliation pursuant to
‘‘(b) PAYMENTS TO EACH OF THE 50 STATES SA 1124. Mr. LEE submitted an
AND THE DISTRICT OF COLUMBIA.— title II of S. Con. Res. 5; which was or-
amendment intended to be proposed to
‘‘(1) MINIMUM AMOUNTS.—From the amount dered to lie on the table; as follows:
Strike subtitle M of title IX. amendment SA 891 proposed by Mr.
appropriated under subsection (a)—
‘‘(A) the Secretary shall pay $100,000,000 to
SCHUMER (for himself, Mr. WYDEN, Mrs.
each State; SA 1121. Mr. LEE submitted an MURRAY, Mr. BROWN, Mr. PETERS, Mr.
‘‘(B) the Secretary shall pay $100,000,000 to amendment intended to be proposed to CARDIN, Ms. CANTWELL, Ms. STABENOW,
the Commonwealth of Puerto Rico and amendment SA 891 proposed by Mr. Mr. TESTER, Mr. MENENDEZ, Mr.
$100,000,000 to the District of Columbia; SCHUMER (for himself, Mr. WYDEN, Mrs. SCHATZ, Mr. CARPER, Mr. LEAHY, and
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‘‘(C) the Secretary shall pay $100,000,000 of MURRAY, Mr. BROWN, Mr. PETERS, Mr. Mr. SANDERS) to the bill H.R. 1319, to
such amount in equal shares to the United provide for reconciliation pursuant to
CARDIN, Ms. CANTWELL, Ms. STABENOW,
States Virgin Islands, Guam, American title II of S. Con. Res. 5; which was or-
Samoa, the Commonwealth of the Northern Mr. TESTER, Mr. MENENDEZ, Mr.
Mariana Islands, the Republic of the Mar- SCHATZ, Mr. CARPER, Mr. LEAHY, and dered to lie on the table; as follows:
shall Islands, the Federated States of Micro- Mr. SANDERS) to the bill H.R. 1319, to Strike section 9901 and insert the fol-
nesia, and the Republic of Palau; and provide for reconciliation pursuant to lowing:
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