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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.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-05-crec-2021-03-05-pt1-pgs1311-6cf5923e45/, SHA-256 09a96fb4390e4e27a4bda83dccfc781f3e8f7d060bf43410e67f5a141938e566.

Full text

                                             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




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                                             (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




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                                             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




ctelli on DSK11ZRN23PROD with SENATE
                                               ‘‘(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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