Congressional Record, Lee Amendments to SA 891 on H.R. 1319 — Senate, March 5, 2021
Summary
A page of the Congressional Record, Senate, dated March 5, 2021, at pages S1314 and S1315, carrying text of amendments submitted by Mr. Lee to SA 891, the substitute to H.R. 1319. The page lists SA 1120 through SA 1125. Several of the amendment texts strike section 9901 and insert alternative provisions on Coronavirus State and local fiscal recovery funds, with minimum payments to each State and allocations based on rural population, and one would strike subtitle M of title IX. The texts also cover payments to nonentitlement units of local government and coronavirus capital projects.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Congressional Record, Lee Amendments to SA 891 on H.R. 1319 — Senate, March 5, 2021.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-03-05-crec-2021-03-05-pt1-pgs1314-4-e5f9ea02d0/
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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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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1315
SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS- to such remainder as the average estimated ‘‘(A) to respond to the public health emer-
CAL RECOVERY FUNDS. number of seasonally-adjusted unemployed gency with respect to the Coronavirus Dis-
(a) IN GENERAL.—Title VI of the Social Se- individuals (as measured by the Bureau of ease 2019 (COVID–19) or its negative eco-
curity Act (42 U.S.C. 801 et seq.) is amended Labor Statistics Local Area Unemployment nomic impacts, including assistance to
by adding at the end the following: Statistics program) in the State or District households, small businesses, and nonprofits,
‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- of Columbia over the 3-month period ending or aid to impacted industries such as tour-
ERY FUND. with December 2020 bears to the average esti- ism, travel, and hospitality;
‘‘(a) APPROPRIATION.—In addition to mated number of seasonally-adjusted unem- ‘‘(B) for the provision of government serv-
amounts otherwise available, there is appro- ployed individuals in all of the 50 States and ices to the extent of the reduction in revenue
priated for fiscal year 2021, out of any money the District of Columbia over the same pe- of such State, territory, or Tribal govern-
in the Treasury not otherwise appropriated— riod. ment due to such emergency; or
‘‘(1) $219,800,000,000, to remain available ‘‘(C) PAYMENT.— ‘‘(C) to make necessary investments in
through July 31, 2021, for making payments ‘‘(i) IN GENERAL.—Subject to clause (ii), the water, sewer, or broadband infrastructure.
under this section to States, territories, and Secretary shall pay each of the 50 States and ‘‘(2) FURTHER RESTRICTION ON USE OF
Tribal governments to mitigate the fiscal ef- the District of Columbia, from the amount FUNDS.—
fects stemming from the public health emer- reserved under subparagraph (A), the total of ‘‘(A) IN GENERAL.—A State or territory
gency with respect to the Coronavirus Dis- the amounts allocated for the State and Dis- shall not use the funds provided under this
ease (COVID–19); and trict of Columbia under subparagraph (B) in section or transferred pursuant to section
‘‘(2) $50,000,000, to remain available until accordance with paragraph (6). 603(c)(4) to either directly or indirectly offset
expended, for the costs of the Secretary for ‘‘(ii) MINIMUM PAYMENT REQUIREMENT.—
administration of the funds established a reduction in the net tax revenue of such
‘‘(I) IN GENERAL.—The sum of— State or territory resulting from a change in
under this title. ‘‘(aa) the total amounts allocated for 1 of
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— law, regulation, or administrative interpre-
the 50 States or the District of Columbia tation during the covered period that re-
‘‘(1) PAYMENTS TO TERRITORIES.— under subparagraph (B) (as determined with-
‘‘(A) IN GENERAL.—The Secretary shall re- duces any tax (by providing for a reduction
out regard to this clause); and in a rate, a rebate, a deduction, a credit, or
serve $4,500,000,000 of the amount appro- ‘‘(bb) the amounts allocated under section
priated under subsection (a)(1) to make pay- otherwise) or delays the imposition of any
603 to the State (for distribution by the tax or tax increase.
ments to the territories. State to nonentitlement units of local gov-
‘‘(B) ALLOCATION.—Of the amount reserved ‘‘(B) PENSION FUNDS.—No State or territory
ernment in the State) and to metropolitan may use funds made available under this sec-
under subparagraph (A)— cities and counties in the State;
‘‘(i) 50 percent of such amount shall be al- tion for deposit into any pension fund.
located by the Secretary equally to each ter- shall not be less than the amount paid to the ‘‘(3) TRANSFER AUTHORITY.—A State, terri-
ritory; and State or District of Columbia for fiscal year tory, or Tribal government receiving a pay-
‘‘(ii) 50 percent of such amount shall be al- 2020 under section 601. ment from funds made available under this
located by the Secretary as an additional ‘‘(II) PRO RATA ADJUSTMENT.—The Sec- section may transfer funds to a private non-
amount to each territory in an amount retary shall adjust on a pro rata basis the profit organization (as that term is defined
amount of the allocations for each of the 50 in paragraph (17) of section 401 of the McKin-
which bears the same proportion to 1⁄2 of the
States and the District of Columbia deter- ney-Vento Homeless Assistance Act (42
total amount reserved under subparagraph
mined under subparagraph (B)(iii) (without U.S.C. 11360(17)), a Tribal organization (as
(A) as the population of the territory bears
regard to this clause) to the extent necessary that term is defined in section 4 of the In-
to the total population of all such terri-
to comply with the requirement of subclause dian Self-Determination and Education As-
tories.
(I). sistance Act (25 U.S.C. 5304)), a public benefit
‘‘(C) PAYMENT.—The Secretary shall pay
‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.— corporation involved in the transportation of
each territory the total of the amounts allo-
The amounts otherwise determined for allo- passengers or cargo, or a special-purpose
cated for the territory under subparagraph
cation and payment under paragraphs (1), (2), unit of State or local government.
(B) in accordance with paragraph (6).
and (3) may be adjusted by the Secretary on ‘‘(d) CERTIFICATIONS AND REPORTS.—
‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— a pro rata basis to the extent necessary to
‘‘(A) IN GENERAL.—The Secretary shall re- ‘‘(1) IN GENERAL.—In order for a State or
ensure that all available funds are allocated
serve $20,000,000,000 of the amount appro- territory to receive a payment under this
to States, territories, and Tribal govern-
priated under subsection (a)(1) to make pay- section, or a transfer of funds under section
ments in accordance with the requirements
ments to Tribal governments. 603(c)(4), the State or territory shall provide
specified in each such paragraph (as applica-
‘‘(B) ALLOCATION.—Of the amount reserved the Secretary with a certification, signed by
ble).
under subparagraph (A)— an authorized officer of such State or terri-
‘‘(5) POPULATION DATA.—For purposes of de-
‘‘(i) $1,000,000,000 shall be allocated by the tory, that such State or territory requires
termining allocations for a territory under
Secretary equally among each of the Tribal the payment or transfer to carry out the ac-
this section, the population of the territory
governments; and tivities specified in subsection (c) of this sec-
shall be determined based on the most recent
‘‘(ii) $19,000,000,000 shall be allocated by the data available from the Bureau of the Cen- tion and will use any payment under this
Secretary to the Tribal governments in a sus. section, or transfer of funds under section
manner determined by the Secretary. ‘‘(6) TIMING.— 603(c)(4), in compliance with subsection (c) of
‘‘(C) PAYMENT.— The Secretary shall pay ‘‘(A) IN GENERAL.—To the extent prac- this section
each Tribal government the total of the ticable, with respect to each State and terri- ‘‘(2) REPORTING.—Any State, territory, or
amounts allocated for the Tribal government tory allocated a payment under this sub- Tribal government receiving a payment
under subparagraph (B) in accordance with section, the Secretary shall make the pay- under this section shall provide to the Sec-
paragraph (6). ment required for the State or territory not retary periodic reports providing a detailed
‘‘(3) PAYMENTS TO EACH OF THE 50 STATES later than 60 days after the date on which accounting of—
AND THE DISTRICT OF COLUMBIA.— the certification required under subsection ‘‘(A) the uses of funds by such State, terri-
‘‘(A) IN GENERAL.—The Secretary shall re- (d)(1) is provided to the Secretary. tory, or Tribal government, including, in the
serve $195,300,000,000 of the amount appro- ‘‘(B) TRIBAL GOVERNMENTS.—To the extent case of a State or a territory, all modifica-
priated under subsection (a)(1) to make pay- practicable, with respect to each Tribal gov- tions to the State’s or territory’s tax rev-
ments to each of the 50 States and the Dis- ernment for which an amount is allocated enue sources during the covered period; and
trict of Columbia. under this subsection, the Secretary shall ‘‘(B) such other information as the Sec-
‘‘(B) ALLOCATIONS.—Of the amount re- make the payment required for the Tribal retary may require for the administration of
served under subparagraph (A)— government not later than 60 days after the this section.
‘‘(i) $25,500,000,000 of such amount shall be date of enactment of this section. ‘‘(e) RECOUPMENT.—Any State, territory, or
allocated by the Secretary equally among ‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO- Tribal government that has failed to comply
each of the 50 States and the District of Co- LUMBIA.—The Secretary shall pay the with subsection (c) shall be required to repay
lumbia; amount allocated under paragraph (3)(B)(ii) to the Secretary an amount equal to the
‘‘(ii) an amount equal to $1,250,000,000 less to the District of Columbia not later than 15 amount of funds used in violation of such
the amount allocated for the District of Co- days after the date of enactment of this sec- subsection, provided that, in the case of a
lumbia pursuant to section 601(c)(6) shall be tion. violation of subsection (c)(2)(A), the amount
allocated by the Secretary as an additional ‘‘(c) REQUIREMENTS.— the State or territory shall be required to
amount to the District of Columbia; and ‘‘(1) USE OF FUNDS.—Subject to paragraph repay shall be lesser of—
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‘‘(iii) an amount equal to the remainder of (2), and except as provided in paragraph (3), ‘‘(1) the amount of the applicable reduction
the amount reserved under subparagraph (A) a State, territory, or Tribal government to net tax revenue attributable to such vio-
after the application of clauses (i) and (ii) of shall only use the funds provided under a lation; and
this subparagraph shall be allocated by the payment made under this section, or trans- ‘‘(2) the amount of funds received by such
Secretary as an additional amount to each of ferred pursuant to section 603(c)(4), to cover State or territory pursuant to a payment
the 50 States and the District of Columbia in costs incurred by the State, territory, or made under this section or a transfer made
an amount which bears the same proportion Tribal government, by July 31, 2021— under section 603(c)(4).
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S1316 CONGRESSIONAL RECORD — SENATE March 5, 2021
‘‘(f) REGULATIONS.—The Secretary shall government in the State bears to the total graph), an amount equal to the amount of
have the authority to issue such regulations population of all nonentitlement units of such payment that remains undistributed as
as may be necessary or appropriate to carry local government in all such States. of such date shall be booked as a debt of such
out this section. ‘‘(C) DISTRIBUTION TO NONENTITLEMENT State owed to the Federal Government, shall
‘‘(g) DEFINITIONS.—In this section: UNITS OF LOCAL GOVERNMENT.— be paid back from the State’s allocation pro-
‘‘(1) COVERED PERIOD.—The term ‘covered ‘‘(i) IN GENERAL.—Not later than 30 days vided under section 602(b)(3)(B)(iii), and shall
period’ means, with respect to a State, terri- after a State receives a payment under sub- be deposited into the general fund of the
tory, or Tribal government, the period that— paragraph (B), the State shall distribute to Treasury.
‘‘(A) begins on March 3, 2021; and each nonentitlement unit of local govern- ‘‘(3) COUNTIES.—
‘‘(B) ends on the last day of the fiscal year ment in the State an amount that bears the ‘‘(A) AMOUNT.—From the amount appro-
of such State, territory, or Tribal govern- same proportion to the amount of such pay- priated under subsection (a), the Secretary
ment in which all funds received by the ment as the population of the nonentitle- shall reserve and allocate $60,100,000,000 of
State, territory, or Tribal government from ment unit of local government bears to the such amount to make payments directly to
a payment made under this section or a total population of all the nonentitlement counties in an amount which bears the same
transfer made under section 603(c)(4) have units of local government in the State, sub- proportion to the total amount reserved
been expended or returned to, or recovered ject to clause (iii). under this paragraph as the population of
by, the Secretary. ‘‘(ii) DISTRIBUTION OF FUNDS.— each such county bears to the total popu-
‘‘(2) SECRETARY.—The term ‘Secretary’ ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an lation of all such entities and shall pay such
means the Secretary of the Treasury. authorized officer of a State required to
allocated amounts to such counties in ac-
‘‘(3) STATE.—The term ‘State’ means each make distributions under clause (i) certifies
cordance with paragraph (7).
of the 50 States and the District of Columbia. in writing to the Secretary before the end of
‘‘(B) SPECIAL RULES.—
‘‘(4) TERRITORY.—The term ‘territory’ the 30-day distribution period described in
‘‘(i) URBAN COUNTIES.—No county that is an
means the Commonwealth of Puerto Rico, such clause that it would constitute an ex-
‘urban county’ (as defined in section 102 of
the United States Virgin Islands, Guam, the cessive administrative burden for the State
the Housing and Community Development
Commonwealth of the Northern Mariana Is- to meet the terms of such clause with re-
Act of 1974 (42 U.S.C. 5302)) shall receive less
lands, and American Samoa. spect to 1 or more such distributions, the au-
thorized officer may request, and the Sec- than the amount the county would otherwise
‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib- receive if the amount paid under this para-
al Government’ means the recognized gov- retary shall grant, an extension of such pe-
riod of not more than 30 days to allow the graph were allocated to metropolitan cities
erning body of any Indian or Alaska Native and urban counties under section 106(b) of
tribe, band, nation, pueblo, village, commu- State to make such distributions in accord-
ance with clause (i). the Housing and Community Development
nity, component band, or component res- Act of 1974 (42 U.S.C. 5306(b)).
ervation, individually identified (including ‘‘(II) ADDITIONAL EXTENSIONS.—
‘‘(aa) IN GENERAL.—If a State has been ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN-
parenthetically) in the list published most ERAL LOCAL GOVERNMENT.—In the case of an
recently as of the date of enactment of this granted an extension to the distribution pe-
riod under subclause (I) but is unable to amount to be paid to a county that is not a
Act pursuant to section 104 of the Federally unit of general local government, the
Recognized Indian Tribe List Act of 1994 (25 make all the distributions required under
clause (i) before the end of such period as ex- amount shall instead be paid to the State in
U.S.C. 5131). which such county is located, and such State
‘‘(h) RESCISSION OF FUNDS.—Any funds tended, an authorized officer of the State
may request an additional extension of the shall distribute such amount to each unit of
made available under this section that are
unobligated on August 1, 2021, shall be re- distribution period of not more than 30 days. general local government within such county
turned to the general fund of the Treasury. The Secretary may grant a request for an ad- in an amount that bears the same proportion
‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV- ditional extension of such period only if— to the amount to be paid to such county as
ERY FUND. ‘‘(AA) the authorized officer making such the population of such units of general local
‘‘(a) APPROPRIATION.—In addition to request provides a written plan to the Sec- government bears to the total population of
amounts otherwise available, there is appro- retary specifying, for each distribution for such county.
priated for fiscal year 2021, out of any money which an additional extension is requested, ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes
in the Treasury not otherwise appropriated, when the State expects to make such dis- of this paragraph, the District of Columbia
$120,200,000,000, to remain available through tribution and the actions the State has shall be considered to consist of a single
July 31, 2021, for making payments under taken and will take in order to make all county that is a unit of general local govern-
this section to metropolitan cities, non- such distributions before the end of the dis- ment.
entitlement units of local government, and tribution period (as extended under sub- ‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit
counties to mitigate the fiscal effects stem- clause (I) and this subclause); and of general local government that has formed
ming from the public health emergency with ‘‘(BB) the Secretary determines that such a consolidated government, or that is geo-
respect to the Coronavirus Disease (COVID– plan is reasonably designed to distribute all graphically contained (in full or in part)
19). such funds to nonentitlement units of local within the boundaries of another unit of gen-
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— government by the end of the distribution eral local government may receive a dis-
‘‘(1) METROPOLITAN CITIES.— period (as so extended). tribution under each of paragraphs (1), (2),
‘‘(A) IN GENERAL.—Of the amount appro- ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If and (3), as applicable, based on the respective
priated under subsection (a), the Secretary a State granted an additional extension of formulas specified in such paragraphs.
shall reserve $42,070,000,000 to make pay- the distribution period under item (aa) re- ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—
ments to metropolitan cities. quires any further additional extensions of The amounts otherwise determined for allo-
‘‘(B) ALLOCATION AND PAYMENT.—From the such period, the request only may be made cation and payment under paragraphs (1), (2),
amount reserved under subparagraph (A), the and granted subject to the requirements and (3) may be adjusted by the Secretary on
Secretary shall allocate and, in accordance specified in item (aa). a pro rata basis to the extent necessary to
with paragraph (7), pay to each metropolitan ‘‘(iii) CAPPED AMOUNT.—The total amount ensure that all available funds are distrib-
city an amount determined for the metro- distributed to a nonentitlement unit of local uted to metropolitan cities, counties, and
politan city consistent with the formula government under this paragraph may not States in accordance with the requirements
under section 106(b) of the Housing and Com- exceed the amount equal to 75 percent of the specified in each paragraph (as applicable)
munity Development Act of 1974 (42 U.S.C. most recent budget for the nonentitlement and the certification requirement specified
5306(b)), except that, in applying such for- unit of local government as of January 27, in subsection (d).
mula, the Secretary shall substitute ‘all 2020. ‘‘(6) POPULATION.—For purposes of deter-
metropolitan cities’ for ‘all metropolitan ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any mining allocations under this section, the
areas’ each place it appears. amounts not distributed to a nonentitlement population of an entity shall be determined
‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- unit of local government as a result of the based on the most recent data are available
ERNMENT.— application of clause (iii) shall be returned from the Bureau of the Census or, if not
‘‘(A) IN GENERAL.—Of the amount appro- to the Secretary. available, from such other data as a State
priated under subsection (a), the Secretary ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by determines appropriate.
shall reserve $18,030,000,000 to make pay- the end of the 120-day period that begins on ‘‘(7) TIMING.—
ments to States for distribution by the State the date a State receives a payment from the ‘‘(A) FIRST TRANCHE AMOUNT.—To the ex-
to nonentitlement units of local government amount allocated under subparagraph (B) or, tent practicable, with respect to each metro-
in the State. if later, the last day of the distribution pe- politan city for which an amount is allocated
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‘‘(B) ALLOCATION AND PAYMENT.—From the riod for the State (as extended with respect under paragraph (1), each State for which an
amount reserved under subparagraph (A), the to the State under subparagraph (C)(ii)), amount is allocated under paragraph (2) for
Secretary shall allocate and, in accordance such State has failed to make all the dis- distribution to nonentitlement units of local
with paragraph (7), pay to each State an tributions from such payment in accordance government, and each county for which an
amount which bears the same proportion to with the terms of subparagraph (C) (includ- amount is allocated under paragraph (3), the
such reserved amount as the total popu- ing any extensions of the distribution period Secretary shall pay from such allocation the
lation of all nonentitlement units of local granted in accordance with such subpara- First Tranche Amount for such city, State,
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1317
or county not later than 60 days after the ‘‘(2) COVERED PERIOD.—The term ‘covered ‘‘(A) the Secretary shall pay $100,000,000 to
date of enactment of this section. period’ means, with respect to a metropoli- each State;
‘‘(B) SECOND TRANCHE AMOUNT.—The Sec- tan city, nonentitlement unit of local gov- ‘‘(B) the Secretary shall pay $100,000,000 to
retary shall pay to each metropolitan city ernment, or county receiving funds under the Commonwealth of Puerto Rico and
for which an amount is allocated under para- this section, the period that— $100,000,000 to the District of Columbia;
graph (1), each State for which an amount is ‘‘(A) begins on March 3, 2021; and ‘‘(C) the Secretary shall pay $100,000,000 of
allocated under paragraph (2) for distribu- ‘‘(B) ends on the last day of the fiscal year such amount in equal shares to the United
tion to nonentitlement units of local govern- of the metropolitan city, nonentitlement States Virgin Islands, Guam, American
ment, and each county for which an amount unit of local government, or county in which Samoa, the Commonwealth of the Northern
is allocated under paragraph (3), the Second all of the funds received by the metropolitan Mariana Islands, the Republic of the Mar-
Tranche Amount for such city, State, or city, nonentitlement unit of local govern- shall Islands, the Federated States of Micro-
county not earlier than 12 months after the ment, or county under this section have been nesia, and the Republic of Palau; and
date on which the First Tranche Amount is expended or returned to, or recovered by, the ‘‘(D) the Secretary shall pay $100,000,000 of
paid to the city, State, or county. Secretary. such amount to Tribal governments and the
‘‘(c) REQUIREMENTS.— ‘‘(3) FIRST TRANCHE AMOUNT.—The term State of Hawaii (in addition to the amount
‘‘(1) USE OF FUNDS.—Subject to paragraph ‘First Tranche Amount’ means, with respect paid to the State of Hawaii under subpara-
(2), and except as provided in paragraphs (3) to each metropolitan city for which an graph (A)), of which—
and (4), a metropolitan city, nonentitlement amount is allocated under subsection (b)(1), ‘‘(i) not less than $50,000 shall be paid to
unit of local government, or county shall each State for which an amount is allocated each Tribal government; and
only use the funds provided under a payment under subsection (b)(2) for distribution to ‘‘(ii) not less than $50,000 shall be paid to
made under this section to cover costs in- nonentitlement units of local government, the State of Hawaii for the exclusive use of
curred by the metropolitan city, nonentitle- and each county for which an amount is allo- the Department of Hawaiian Home Lands
ment unit of local government, or county, by cated under subsection (b)(3), 50 percent of and the Native Hawaiian Education Pro-
July 31, 2021— the amount so allocated to such metropoli- grams to assist Native Hawaiians in accord-
‘‘(A) to respond to the public health emer- tan city, State, or county (as applicable). ance with this section.
gency with respect to the Coronavirus Dis- ‘‘(4) METROPOLITAN CITY.—The term ‘met- ‘‘(2) REMAINING AMOUNTS.—
ease 2019 (COVID–19) or its negative eco- ropolitan city’ has the meaning given that ‘‘(A) IN GENERAL.—From the amount of the
nomic impacts, including assistance to term in section 102(a)(4) of the Housing and appropriation under subsection (a) that re-
households, small businesses, and nonprofits, Community Development Act of 1974 (42 mains after the application of paragraph (1),
or aid to impacted industries such as tour- U.S.C. 5302(a)(4)) and includes cities that re- the Secretary shall make payments to
ism, travel, and hospitality; linquish or defer their status as a metropoli- States based on population such that—
‘‘(B) for the provision of government serv- tan city for purposes of receiving allocations ‘‘(i) 50 percent of such amount shall be al-
ices to the extent of the reduction in revenue under section 106 of such Act (42 U.S.C. 5306) located among the States based on the pro-
of such metropolitan city, nonentitlement for fiscal year 2021. portion that the population of each State
unit of local government, or county due to ‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV- bears to the population of all States;
such emergency; or ERNMENT.—The term ‘nonentitlement unit of ‘‘(ii) 25 percent of such amount shall be al-
‘‘(C) to make necessary investments in local government’ means a ‘city’, as that located among the States based on the pro-
water, sewer, or broadband infrastructure. term is defined in section 102(a)(5) of the portion that the number of individuals living
‘‘(2) PENSION FUNDS.—No metropolitan Housing and Community Development Act of in rural areas in each State bears to the
city, nonentitlement unit of local govern- 1974 (42 U.S.C. 5302(a)(5))), that is not a met- number of individuals living in rural areas in
ment, or county may use funds made avail- ropolitan city. all States; and
able under this section for deposit into any ‘‘(6) SECOND TRANCHE AMOUNT.—The term ‘‘(iii) 25 percent of such amount shall be al-
pension fund. ‘Second Tranche Amount’ means, with re- located among the States based on the pro-
‘‘(3) TRANSFER AUTHORITY.—A metropolitan spect to each metropolitan city for which an portion that the number of individuals with
city, nonentitlement unit of local govern- amount is allocated under subsection (b)(1), a household income that is below 150 percent
ment, or county receiving a payment from each State for which an amount is allocated of the poverty line applicable to a family of
funds made available under this section may under subsection (b)(2) for distribution to the size involved in each State bears to the
transfer funds to a private nonprofit organi- nonentitlement units of local government, number of such individuals in all States.
zation (as that term is defined in paragraph and each county for which an amount is allo- ‘‘(B) DATA.—In determining the allocations
(17) of section 401 of the McKinney-Vento cated under subsection (b)(3), an amount not to be made to each State under subparagraph
Homeless Assistance Act (42 U.S.C. 11360(17)), to exceed 50 percent of the amount so allo- (A), the Secretary of the Treasury shall use
a public benefit corporation involved in the cated to such metropolitan city, State, or the most recent data available from the Bu-
transportation of passengers or cargo, or a county (as applicable). reau of the Census.
special-purpose unit of State or local govern- ‘‘(7) SECRETARY.—The term ‘Secretary’ ‘‘(c) TIMING.—The Secretary shall establish
ment. means the Secretary of the Treasury. a process of applying for grants to access
‘‘(4) TRANSFERS TO STATES.—Notwith- ‘‘(8) STATE.—The term ‘State’ means each funding made available under section (b) not
standing paragraph (1), a metropolitan city, of the 50 States, the District of Columbia, later than 60 days after enactment of this
nonentitlement unit of local government, or the Commonwealth of Puerto Rico, the section.
county receiving a payment from funds made United States Virgin Islands, Guam, the ‘‘(d) DEFINITIONS.—In this section:
available under this section may transfer Commonwealth of the Northern Mariana Is- ‘‘(1) SECRETARY.—The term ‘Secretary’
such funds to the State in which such entity lands, and American Samoa. means the Secretary of the Treasury.
is located. ‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.— ‘‘(2) STATE.—The term ‘State’ means 1 of
‘‘(d) REPORTING.—Any metropolitan city, The term ‘unit of general local government’ the 50 States.
nonentitlement unit of local government, or has the meaning given that term in section ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib-
county receiving funds provided under a pay- 102(a)(1) of the Housing and Community De- al government’ has the meaning given such
ment made under this section shall provide velopment Act of 1974 (42 U.S.C. 5302(a)(1)). term in section 603(g).’’.
to the Secretary periodic reports providing a ‘‘(h) RESCISSION OF FUNDS.—Any funds (b) CONFORMING AMENDMENT.—The heading
detailed accounting of the uses of such funds made available under this section that are for title VI of the Social Security Act (42
by such metropolitan city, nonentitlement unobligated on August 1, 2021, shall be re- U.S.C. 801 et seq.) is amended by striking
unit of local government, or county and in- turned to the general fund of the Treasury. ‘‘FUND’’ and inserting ‘‘, FISCAL RECOV-
cluding such other information as the Sec- ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS ERY, AND CRITICAL CAPITAL PROJECTS
retary may require for the administration of FUND. FUNDS’’.
this section. ‘‘(a) APPROPRIATION.—In addition to
‘‘(e) RECOUPMENT.—Any metropolitan city, amounts otherwise available, there is appro- SA 1125. Mr. LEE submitted an
nonentitlement unit of local government, or priated for fiscal year 2021, out of any money amendment intended to be proposed to
county that has failed to comply with sub- in the Treasury not otherwise appropriated, amendment SA 891 proposed by Mr.
section (c) shall be required to repay to the $10,000,000,000, to remain available until ex- SCHUMER (for himself, Mr. WYDEN, Mrs.
Secretary an amount equal to the amount of pended, for making payments to States, ter- MURRAY, Mr. BROWN, Mr. PETERS, Mr.
funds used in violation of such subsection. ritories, and Tribal governments to carry CARDIN, Ms. CANTWELL, Ms. STABENOW,
‘‘(f) REGULATIONS.—The Secretary shall out critical capital projects directly ena- Mr. TESTER, Mr. MENENDEZ, Mr.
have the authority to issue such regulations bling work, education, and health moni-
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as may be necessary or appropriate to carry toring, including remote options, in response
SCHATZ, Mr. CARPER, Mr. LEAHY, and
out this section. to the public health emergency with respect Mr. SANDERS) to the bill H.R. 1319, to
‘‘(g) DEFINITIONS.—In this section: to the Coronavirus Disease (COVID–19). provide for reconciliation pursuant to
‘‘(1) COUNTY.—The term ‘county’ means a ‘‘(b) PAYMENTS TO EACH OF THE 50 STATES title II of S. Con. Res 5; which was or-
county, parish, or other equivalent county AND THE DISTRICT OF COLUMBIA.— dered to lie on the table; as follows:
division (as defined by the Bureau of the ‘‘(1) MINIMUM AMOUNTS.—From the amount Strike section 9901 and insert the fol-
Census). appropriated under subsection (a)— lowing:
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