Congressional Record, Senate — March 5, 2021, S1363
Summary
This is S1363 of the Congressional Record, Senate, March 5, 2021, with interleaved columns of amendments to H.R. 1319. The printed text includes a section titled Free the Capitol, which would bar Federal funds for a fence or similar barrier surrounding the Capitol and require removal of existing fencing, and a section on increased funding for the veterans community care program, appropriating $100,000,000. It also prints a provision to reserve $4,500,000,000 for payments to the territories, allocated half equally and half by population.
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, Senate — March 5, 2021, S1363.”
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1363
amendment SA 891 proposed by Mr. amendment SA 891 proposed by Mr. ‘‘(2) $50,000,000, to remain available until
SCHUMER (for himself, Mr. WYDEN, Mrs. SCHUMER (for himself, Mr. WYDEN, Mrs. expended, for the costs of the Secretary for
MURRAY, Mr. BROWN, Mr. PETERS, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr. administration of the funds established
CARDIN, Ms. CANTWELL, Ms. STABENOW, CARDIN, Ms. CANTWELL, Ms. STABENOW, under this title.
Mr. TESTER, Mr. MENENDEZ, Mr. Mr. TESTER, Mr. MENENDEZ, Mr. ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
SCHATZ, Mr. CARPER, Mr. LEAHY, and SCHATZ, Mr. CARPER, Mr. LEAHY, and ‘‘(1) PAYMENTS TO TERRITORIES.—
Mr. SANDERS) to the bill H.R. 1319, to Mr. SANDERS) to the bill H.R. 1319, to ‘‘(A) IN GENERAL.—The Secretary shall re-
provide for reconciliation pursuant to serve $4,500,000,000 of the amount appro-
provide for reconciliation pursuant to
priated under subsection (a)(1) to make pay-
title II of S. Con. Res. 5; which was or- title II of S. Con. Res. 5; which was or- ments to the territories.
dered to lie on the table; as follows: dered to lie on the table; as follows: ‘‘(B) ALLOCATION.—Of the amount reserved
At the end of title IV, add the following: At the end of title VIII, add the following: under subparagraph (A)—
SEC. 40ll. FREE THE CAPITOL. SEC. 8lll. INCREASED FUNDING FOR VET- ‘‘(i) 50 percent of such amount shall be al-
(a) LIMIT ON FUNDING.—No Federal funds ERANS COMMUNITY CARE PRO- located by the Secretary equally to each ter-
may be used on or after the date of enact- GRAM.
ritory; and
ment of this Act by the United States Cap- (a) IN GENERAL.—In addition to amount
‘‘(ii) 50 percent of such amount shall be al-
itol Police for the construction or mainte- otherwise made available, there is appro-
located by the Secretary as an additional
nance of a fence or similar barrier sur- priated to the Secretary of Veterans Affairs
amount to each territory in an amount
rounding the Capitol. for fiscal year 2021, out of any money in the
(b) REMOVAL OF EXISTING FENCING.—Any Treasury not otherwise appropriated, which bears the same proportion to 1⁄2 of the
fence or similar barrier surrounding the Cap- $100,000,000, to remain available until Sep- total amount reserved under subparagraph
itol on the date of enactment of this Act tember 30, 2023, for hospital care, medical (A) as the population of the territory bears
shall be removed not later than 7 days after services, and extended care services fur- to the total population of all such terri-
the date of enactment of this Act. nished under section 1703 of title 38, United tories.
States Code. ‘‘(C) PAYMENT.—The Secretary shall pay
SA 1309. Ms. LUMMIS submitted an (b) OFFSET.—Section 3204 shall have no each territory the total of the amounts allo-
amendment intended to be proposed to force or effect. cated for the territory under subparagraph
amendment SA 891 proposed by Mr. (B) in accordance with paragraph (6).
SCHUMER (for himself, Mr. WYDEN, Mrs. SA 1312. Ms. LUMMIS (for herself ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
MURRAY, Mr. BROWN, Mr. PETERS, Mr. and Mrs. BLACKBURN) submitted an ‘‘(A) IN GENERAL.—The Secretary shall re-
amendment intended to be proposed to serve $19,500,000,000 of the amount appro-
CARDIN, Ms. CANTWELL, Ms. STABENOW, priated under subsection (a)(1) to make pay-
Mr. TESTER, Mr. MENENDEZ, Mr. amendment SA 891 proposed by Mr.
SCHUMER (for himself, Mr. WYDEN, Mrs. ments to Tribal governments.
SCHATZ, Mr. CARPER, Mr. LEAHY, and ‘‘(B) ALLOCATION.—Of the amount reserved
Mr. SANDERS) to the bill H.R. 1319, to MURRAY, Mr. BROWN, Mr. PETERS, Mr.
under subparagraph (A)—
provide for reconciliation pursuant to CARDIN, Ms. CANTWELL, Ms. STABENOW, ‘‘(i) $1,000,000,000 shall be allocated by the
title II of S. Con. Res. 5; which was or- Mr. TESTER, Mr. MENENDEZ, Mr. Secretary equally among each of the Tribal
dered to lie on the table; as follows: SCHATZ, Mr. CARPER, Mr. LEAHY, and governments; and
At the appropriate place, insert the fol- Mr. SANDERS) to the bill H.R. 1319, to ‘‘(ii) $18,500,000,000 shall be allocated by the
lowing: provide for reconciliation pursuant to Secretary to the Tribal governments in a
Strike part 2 of subtitle A of title II. title II of S. Con. Res. 5; which was or- manner determined by the Secretary.
In section 11001(a), in the matter preceding dered to lie on the table; as follows: ‘‘(C) PAYMENT.— The Secretary shall pay
paragraph (1), strike ‘‘$6,094,000,000’’ and in- At the end of section 5001, add the fol- each Tribal government the total of the
sert ‘‘$6,564,000,000’’. lowing: amounts allocated for the Tribal government
In section 11001(a)(1), in the matter pre- (e) EXTENSION OF PPP.—Section 1102(b)(1) under subparagraph (B) in accordance with
ceding subparagraph (A), strike of the CARES Act (Public Law 116–136) is paragraph (6).
‘‘$5,484,000,000’’ and insert ‘‘$5,954,000,000’’. amended by striking ‘‘March 31, 2021’’ and in- ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES
In section 11001(a)(1)(C), strike serting ‘‘the date that is 30 days after the AND THE DISTRICT OF COLUMBIA.—
‘‘$140,000,000’’ and insert ‘‘$375,000,000’’. date on which the Administration begins ac- ‘‘(A) IN GENERAL.—The Secretary shall re-
In section 11001(a)(1)(G), strike
cepting applications for grants under section serve $195,300,000,000 of the amount appro-
‘‘$240,000,000’’ and insert ‘‘$475,000,000’’.
324 of the Economic Aid to Hard-Hit Small priated under subsection (a)(1) to make pay-
SA 1310. Ms. LUMMIS submitted an Businesses, Nonprofits, and Venues Act (title ments to each of the 50 States and the Dis-
III of division N of Public Law 116–260)’’. trict of Columbia.
amendment intended to be proposed to
‘‘(B) ALLOCATIONS.—Of the amount re-
amendment SA 891 proposed by Mr. SA 1313. Ms. MURKOWSKI submitted served under subparagraph (A)—
SCHUMER (for himself, Mr. WYDEN, Mrs. an amendment intended to be proposed ‘‘(i) $25,500,000,000 of such amount shall be
MURRAY, Mr. BROWN, Mr. PETERS, Mr. to amendment SA 891 proposed by Mr. allocated by the Secretary equally among
CARDIN, Ms. CANTWELL, Ms. STABENOW, SCHUMER (for himself, Mr. WYDEN, Mrs. each of the 50 States and the District of Co-
Mr. TESTER, Mr. MENENDEZ, Mr. MURRAY, Mr. BROWN, Mr. PETERS, Mr. lumbia;
SCHATZ, Mr. CARPER, Mr. LEAHY, and CARDIN, Ms. CANTWELL, Ms. STABENOW, ‘‘(ii) an amount equal to $1,250,000,000 less
Mr. SANDERS) to the bill H.R. 1319, to the amount allocated for the District of Co-
Mr. TESTER, Mr. MENENDEZ, Mr.
provide for reconciliation pursuant to lumbia pursuant to section 601(c)(6) shall be
SCHATZ, Mr. CARPER, Mr. LEAHY, and allocated by the Secretary as an additional
title II of S. Con. Res. 5; which was or- Mr. SANDERS) to the bill H.R. 1319, to
dered to lie on the table; as follows: amount to the District of Columbia; and
provide for reconciliation pursuant to ‘‘(iii) an amount equal to the remainder of
At the appropriate place, insert the fol- title II of S. Con. Res. 5; which was or- the amount reserved under subparagraph (A)
lowing:
SEC. llll. INCREASED FUNDING FOR STATE
dered to lie on the table; as follows: after the application of clauses (i) and (ii) of
HOMES. Strike section 9901 and insert the fol- this subparagraph shall be allocated by the
(a) IN GENERAL.—In addition to amount lowing: Secretary as an additional amount to each of
otherwise made available, there is appro- SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS- the 50 States and the District of Columbia in
priated to the Secretary of Veterans Affairs CAL RECOVERY FUNDS. an amount which bears the same proportion
for fiscal year 2021, out of any money in the (a) IN GENERAL.—Title VI of the Social Se- to such remainder as the average estimated
Treasury not otherwise appropriated, curity Act (42 U.S.C. 801 et seq.) is amended number of seasonally-adjusted unemployed
$500,000,000, to remain available until ex- by adding at the end the following: individuals (as measured by the Bureau of
pended, for funding for State homes under ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- Labor Statistics Local Area Unemployment
subchapter V of chapter 17 of title 38, United ERY FUND. Statistics program) in the State or District
States Code, or subchapter III of chapter 81 ‘‘(a) APPROPRIATION.—In addition to of Columbia over the 3-month period ending
of such title. amounts otherwise available, there is appro- with December 2020 bears to the average esti-
(b) OFFSET.—Section 10004 shall have no priated for fiscal year 2021, out of any money mated number of seasonally-adjusted unem-
force or effect. in the Treasury not otherwise appropriated— ployed individuals in all of the 50 States and
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(c) STATE HOME DEFINED.—In this section, ‘‘(1) $219,300,000,000, to remain available the District of Columbia over the same pe-
the term ‘‘State home’’ has the meaning through December 31, 2024, for making pay- riod.
given that term in section 101(19) of title 38, ments under this section to States, terri- ‘‘(C) PAYMENT.—
United States Code. tories, and Tribal governments to mitigate ‘‘(i) IN GENERAL.—Subject to clause (ii), the
the fiscal effects stemming from the public Secretary shall pay each of the 50 States and
SA 1311. Ms. LUMMIS submitted an health emergency with respect to the the District of Columbia, from the amount
amendment intended to be proposed to Coronavirus Disease (COVID–19); and reserved under subparagraph (A), the total of
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S1364 CONGRESSIONAL RECORD — SENATE March 5, 2021
the amounts allocated for the State and Dis- ‘‘(A) IN GENERAL.—A State or territory been expended or returned to, or recovered
trict of Columbia under subparagraph (B) in shall not use the funds provided under this by, the Secretary.
accordance with paragraph (6). section or transferred pursuant to section ‘‘(2) SECRETARY.—The term ‘Secretary’
‘‘(ii) MINIMUM PAYMENT REQUIREMENT.— 603(c)(4) to either directly or indirectly offset means the Secretary of the Treasury.
‘‘(I) IN GENERAL.—The sum of— a reduction in the net tax revenue of such ‘‘(3) STATE.—The term ‘State’ means each
‘‘(aa) the total amounts allocated for 1 of State or territory resulting from a change in of the 50 States and the District of Columbia.
the 50 States or the District of Columbia law, regulation, or administrative interpre- ‘‘(4) TERRITORY.—The term ‘territory’
under subparagraph (B) (as determined with- tation during the covered period that re- means the Commonwealth of Puerto Rico,
out regard to this clause); and duces any tax (by providing for a reduction the United States Virgin Islands, Guam, the
‘‘(bb) the amounts allocated under section in a rate, a rebate, a deduction, a credit, or Commonwealth of the Northern Mariana Is-
603 to the State (for distribution by the otherwise) or delays the imposition of any lands, and American Samoa.
State to nonentitlement units of local gov- tax or tax increase. ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib-
ernment in the State) and to metropolitan ‘‘(B) PENSION FUNDS.—No State or territory al Government’ means the recognized gov-
cities and counties in the State; may use funds made available under this sec- erning body of any Indian or Alaska Native
shall not be less than the amount paid to the tion for deposit into any pension fund. tribe, band, nation, pueblo, village, commu-
State or District of Columbia for fiscal year ‘‘(3) TRANSFER AUTHORITY.—A State, terri- nity, component band, or component res-
2020 under section 601. tory, or Tribal government receiving a pay- ervation, individually identified (including
‘‘(II) PRO RATA ADJUSTMENT.—The Sec- ment from funds made available under this parenthetically) in the list published most
retary shall adjust on a pro rata basis the section may transfer funds to a private non- recently as of the date of enactment of this
amount of the allocations for each of the 50 profit organization (as that term is defined Act pursuant to section 104 of the Federally
States and the District of Columbia deter- in paragraph (17) of section 401 of the McKin- Recognized Indian Tribe List Act of 1994 (25
mined under subparagraph (B)(iii) (without ney-Vento Homeless Assistance Act (42 U.S.C. 5131).
regard to this clause) to the extent necessary U.S.C. 11360(17)), a Tribal organization (as ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV-
ERY FUND.
to comply with the requirement of subclause that term is defined in section 4 of the In-
(I). dian Self-Determination and Education As- ‘‘(a) APPROPRIATION.—In addition to
‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.— sistance Act (25 U.S.C. 5304)), a public benefit amounts otherwise available, there is appro-
The amounts otherwise determined for allo- corporation involved in the transportation of priated for fiscal year 2021, out of any money
cation and payment under paragraphs (1), (2), passengers or cargo, or a special-purpose in the Treasury not otherwise appropriated,
$120,200,000,000, to remain available through
and (3) may be adjusted by the Secretary on unit of State or local government.
December 31, 2024, for making payments
a pro rata basis to the extent necessary to ‘‘(d) CERTIFICATIONS AND REPORTS.— under this section to metropolitan cities,
ensure that all available funds are allocated ‘‘(1) IN GENERAL.—In order for a State or nonentitlement units of local government,
to States, territories, and Tribal govern- territory to receive a payment under this and counties to mitigate the fiscal effects
ments in accordance with the requirements section, or a transfer of funds under section stemming from the public health emergency
specified in each such paragraph (as applica- 603(c)(4), the State or territory shall provide with respect to the Coronavirus Disease
ble). the Secretary with a certification, signed by (COVID–19).
‘‘(5) POPULATION DATA.—For purposes of de- an authorized officer of such State or terri- ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
termining allocations for a territory under tory, that such State or territory requires ‘‘(1) METROPOLITAN CITIES.—
this section, the population of the territory the payment or transfer to carry out the ac- ‘‘(A) IN GENERAL.—Of the amount appro-
shall be determined based on the most recent tivities specified in subsection (c) of this sec- priated under subsection (a), the Secretary
data available from the Bureau of the Cen- tion and will use any payment under this shall reserve $42,070,000,000 to make pay-
sus. section, or transfer of funds under section ments to metropolitan cities.
‘‘(6) TIMING.— 603(c)(4), in compliance with subsection (c) of ‘‘(B) ALLOCATION AND PAYMENT.—From the
‘‘(A) IN GENERAL.—To the extent prac- this section amount reserved under subparagraph (A), the
ticable, with respect to each State and terri- ‘‘(2) REPORTING.—Any State, territory, or Secretary shall allocate and, in accordance
tory allocated a payment under this sub- Tribal government receiving a payment with paragraph (7), pay to each metropolitan
section, the Secretary shall make the pay- under this section shall provide to the Sec- city an amount determined for the metro-
ment required for the State or territory not retary periodic reports providing a detailed politan city consistent with the formula
later than 60 days after the date on which accounting of— under section 106(b) of the Housing and Com-
the certification required under subsection ‘‘(A) the uses of funds by such State, terri- munity Development Act of 1974 (42 U.S.C.
(d)(1) is provided to the Secretary. tory, or Tribal government, including, in the 5306(b)), except that, in applying such for-
‘‘(B) TRIBAL GOVERNMENTS.—To the extent case of a State or a territory, all modifica- mula, the Secretary shall substitute ‘all
practicable, with respect to each Tribal gov- tions to the State’s or territory’s tax rev- metropolitan cities’ for ‘all metropolitan
ernment for which an amount is allocated enue sources during the covered period; and areas’ each place it appears.
under this subsection, the Secretary shall ‘‘(B) such other information as the Sec- ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV-
make the payment required for the Tribal retary may require for the administration of ERNMENT.—
government not later than 60 days after the this section. ‘‘(A) IN GENERAL.—Of the amount appro-
date of enactment of this section. ‘‘(e) RECOUPMENT.—Any State, territory, or priated under subsection (a), the Secretary
‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO- Tribal government that has failed to comply shall reserve $18,030,000,000 to make pay-
LUMBIA.—The Secretary shall pay the with subsection (c) shall be required to repay ments to States for distribution by the State
amount allocated under paragraph (3)(B)(ii) to the Secretary an amount equal to the to nonentitlement units of local government
to the District of Columbia not later than 15 amount of funds used in violation of such in the State.
days after the date of enactment of this sec- subsection, provided that, in the case of a ‘‘(B) ALLOCATION AND PAYMENT.—From the
tion. violation of subsection (c)(2)(A), the amount amount reserved under subparagraph (A), the
‘‘(c) REQUIREMENTS.— the State or territory shall be required to Secretary shall allocate and, in accordance
‘‘(1) USE OF FUNDS.—Subject to paragraph repay shall be lesser of— with paragraph (7), pay to each State an
(2), and except as provided in paragraph (3), ‘‘(1) the amount of the applicable reduction amount which bears the same proportion to
a State, territory, or Tribal government to net tax revenue attributable to such vio- such reserved amount as the total popu-
shall only use the funds provided under a lation; and lation of all nonentitlement units of local
payment made under this section, or trans- ‘‘(2) the amount of funds received by such government in the State bears to the total
ferred pursuant to section 603(c)(4), to cover State or territory pursuant to a payment population of all nonentitlement units of
costs incurred by the State, territory, or made under this section or a transfer made local government in all such States.
Tribal government, by December 31, 2024— under section 603(c)(4). ‘‘(C) DISTRIBUTION TO NONENTITLEMENT
‘‘(A) to respond to the public health emer- ‘‘(f) REGULATIONS.—The Secretary shall UNITS OF LOCAL GOVERNMENT.—
gency with respect to the Coronavirus Dis- have the authority to issue such regulations ‘‘(i) IN GENERAL.—Not later than 30 days
ease 2019 (COVID–19) or its negative eco- as may be necessary or appropriate to carry after a State receives a payment under sub-
nomic impacts, including assistance to out this section. paragraph (B), the State shall distribute to
households, small businesses, and nonprofits, ‘‘(g) DEFINITIONS.—In this section: each nonentitlement unit of local govern-
or aid to impacted industries such as tour- ‘‘(1) COVERED PERIOD.—The term ‘covered ment in the State an amount that bears the
ism, travel, and hospitality; period’ means, with respect to a State, terri- same proportion to the amount of such pay-
‘‘(B) for the provision of government serv- tory, or Tribal government, the period that— ment as the population of the nonentitle-
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ices to the extent of the reduction in revenue ‘‘(A) begins on March 3, 2021; and ment unit of local government bears to the
of such State, territory, or Tribal govern- ‘‘(B) ends on the last day of the fiscal year total population of all the nonentitlement
ment due to such emergency; or of such State, territory, or Tribal govern- units of local government in the State, sub-
‘‘(C) to make necessary investments in ment in which all funds received by the ject to clause (iii).
water, sewer, or broadband infrastructure. State, territory, or Tribal government from ‘‘(ii) DISTRIBUTION OF FUNDS.—
‘‘(2) FURTHER RESTRICTION ON USE OF a payment made under this section or a ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an
FUNDS.— transfer made under section 603(c)(4) have authorized officer of a State required to
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1365
make distributions under clause (i) certifies allocated amounts to such counties in ac- only use the funds provided under a payment
in writing to the Secretary before the end of cordance with paragraph (7). made under this section to cover costs in-
the 30-day distribution period described in ‘‘(B) SPECIAL RULES.— curred by the metropolitan city, nonentitle-
such clause that it would constitute an ex- ‘‘(i) URBAN COUNTIES.—No county that is an ment unit of local government, or county, by
cessive administrative burden for the State ‘urban county’ (as defined in section 102 of December 31, 2024—
to meet the terms of such clause with re- the Housing and Community Development ‘‘(A) to respond to the public health emer-
spect to 1 or more such distributions, the au- Act of 1974 (42 U.S.C. 5302)) shall receive less gency with respect to the Coronavirus Dis-
thorized officer may request, and the Sec- than the amount the county would otherwise ease 2019 (COVID–19) or its negative eco-
retary shall grant, an extension of such pe- receive if the amount paid under this para- nomic impacts, including assistance to
riod of not more than 30 days to allow the graph were allocated to metropolitan cities households, small businesses, and nonprofits,
State to make such distributions in accord- and urban counties under section 106(b) of or aid to impacted industries such as tour-
ance with clause (i). the Housing and Community Development ism, travel, and hospitality;
‘‘(II) ADDITIONAL EXTENSIONS.— Act of 1974 (42 U.S.C. 5306(b)). ‘‘(B) for the provision of government serv-
‘‘(aa) IN GENERAL.—If a State has been ‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN- ices to the extent of the reduction in revenue
granted an extension to the distribution pe- ERAL LOCAL GOVERNMENT.—In the case of an of such metropolitan city, nonentitlement
riod under subclause (I) but is unable to amount to be paid to a county that is not a unit of local government, or county due to
make all the distributions required under unit of general local government, the such emergency; or
clause (i) before the end of such period as ex- amount shall instead be paid to the State in ‘‘(C) to make necessary investments in
which such county is located, and such State water, sewer, or broadband infrastructure.
tended, an authorized officer of the State
shall distribute such amount to each unit of ‘‘(2) PENSION FUNDS.—No metropolitan
may request an additional extension of the
general local government within such county city, nonentitlement unit of local govern-
distribution period of not more than 30 days.
in an amount that bears the same proportion ment, or county may use funds made avail-
The Secretary may grant a request for an ad-
to the amount to be paid to such county as able under this section for deposit into any
ditional extension of such period only if—
the population of such units of general local pension fund.
‘‘(AA) the authorized officer making such
government bears to the total population of ‘‘(3) TRANSFER AUTHORITY.—A metropolitan
request provides a written plan to the Sec-
such county. city, nonentitlement unit of local govern-
retary specifying, for each distribution for ‘‘(iii) DISTRICT OF COLUMBIA.—For purposes
which an additional extension is requested, ment, or county receiving a payment from
of this paragraph, the District of Columbia funds made available under this section may
when the State expects to make such dis- shall be considered to consist of a single
tribution and the actions the State has transfer funds to a private nonprofit organi-
county that is a unit of general local govern- zation (as that term is defined in paragraph
taken and will take in order to make all ment.
such distributions before the end of the dis- (17) of section 401 of the McKinney-Vento
‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit Homeless Assistance Act (42 U.S.C. 11360(17)),
tribution period (as extended under sub- of general local government that has formed
clause (I) and this subclause); and a public benefit corporation involved in the
a consolidated government, or that is geo- transportation of passengers or cargo, or a
‘‘(BB) the Secretary determines that such graphically contained (in full or in part)
plan is reasonably designed to distribute all special-purpose unit of State or local govern-
within the boundaries of another unit of gen-
such funds to nonentitlement units of local ment.
eral local government may receive a dis-
government by the end of the distribution ‘‘(4) TRANSFERS TO STATES.—Notwith-
tribution under each of paragraphs (1), (2),
period (as so extended). standing paragraph (1), a metropolitan city,
and (3), as applicable, based on the respective
‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If nonentitlement unit of local government, or
formulas specified in such paragraphs.
a State granted an additional extension of county receiving a payment from funds made
‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—
the distribution period under item (aa) re- available under this section may transfer
The amounts otherwise determined for allo-
quires any further additional extensions of such funds to the State in which such entity
cation and payment under paragraphs (1), (2),
such period, the request only may be made is located.
and (3) may be adjusted by the Secretary on
and granted subject to the requirements ‘‘(d) REPORTING.—Any metropolitan city,
a pro rata basis to the extent necessary to nonentitlement unit of local government, or
specified in item (aa). ensure that all available funds are distrib-
‘‘(iii) CAPPED AMOUNT.—The total amount county receiving funds provided under a pay-
uted to metropolitan cities, counties, and ment made under this section shall provide
distributed to a nonentitlement unit of local States in accordance with the requirements to the Secretary periodic reports providing a
government under this paragraph may not specified in each paragraph (as applicable) detailed accounting of the uses of such funds
exceed the amount equal to 75 percent of the and the certification requirement specified by such metropolitan city, nonentitlement
most recent budget for the nonentitlement in subsection (d). unit of local government, or county and in-
unit of local government as of January 27, ‘‘(6) POPULATION.—For purposes of deter- cluding such other information as the Sec-
2020. mining allocations under this section, the retary may require for the administration of
‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any population of an entity shall be determined this section.
amounts not distributed to a nonentitlement based on the most recent data are available ‘‘(e) RECOUPMENT.—Any metropolitan city,
unit of local government as a result of the from the Bureau of the Census or, if not nonentitlement unit of local government, or
application of clause (iii) shall be returned available, from such other data as a State county that has failed to comply with sub-
to the Secretary. determines appropriate. section (c) shall be required to repay to the
‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by ‘‘(7) TIMING.— Secretary an amount equal to the amount of
the end of the 120-day period that begins on ‘‘(A) FIRST TRANCHE AMOUNT.—To the ex- funds used in violation of such subsection.
the date a State receives a payment from the tent practicable, with respect to each metro- ‘‘(f) REGULATIONS.—The Secretary shall
amount allocated under subparagraph (B) or, politan city for which an amount is allocated have the authority to issue such regulations
if later, the last day of the distribution pe- under paragraph (1), each State for which an as may be necessary or appropriate to carry
riod for the State (as extended with respect amount is allocated under paragraph (2) for out this section.
to the State under subparagraph (C)(ii)), distribution to nonentitlement units of local ‘‘(g) DEFINITIONS.—In this section:
such State has failed to make all the dis- government, and each county for which an ‘‘(1) COUNTY.—The term ‘county’ means a
tributions from such payment in accordance amount is allocated under paragraph (3), the county, parish, or other equivalent county
with the terms of subparagraph (C) (includ- Secretary shall pay from such allocation the division (as defined by the Bureau of the
ing any extensions of the distribution period First Tranche Amount for such city, State, Census).
granted in accordance with such subpara- or county not later than 60 days after the ‘‘(2) COVERED PERIOD.—The term ‘covered
graph), an amount equal to the amount of date of enactment of this section. period’ means, with respect to a metropoli-
such payment that remains undistributed as ‘‘(B) SECOND TRANCHE AMOUNT.—The Sec- tan city, nonentitlement unit of local gov-
of such date shall be booked as a debt of such retary shall pay to each metropolitan city ernment, or county receiving funds under
State owed to the Federal Government, shall for which an amount is allocated under para- this section, the period that—
be paid back from the State’s allocation pro- graph (1), each State for which an amount is ‘‘(A) begins on March 3, 2021; and
vided under section 602(b)(3)(B)(iii), and shall allocated under paragraph (2) for distribu- ‘‘(B) ends on the last day of the fiscal year
be deposited into the general fund of the tion to nonentitlement units of local govern- of the metropolitan city, nonentitlement
Treasury. ment, and each county for which an amount unit of local government, or county in which
‘‘(3) COUNTIES.— is allocated under paragraph (3), the Second all of the funds received by the metropolitan
‘‘(A) AMOUNT.—From the amount appro- Tranche Amount for such city, State, or city, nonentitlement unit of local govern-
priated under subsection (a), the Secretary county not earlier than 12 months after the ment, or county under this section have been
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shall reserve and allocate $60,100,000,000 of date on which the First Tranche Amount is expended or returned to, or recovered by, the
such amount to make payments directly to paid to the city, State, or county. Secretary.
counties in an amount which bears the same ‘‘(c) REQUIREMENTS.— ‘‘(3) FIRST TRANCHE AMOUNT.—The term
proportion to the total amount reserved ‘‘(1) USE OF FUNDS.—Subject to paragraph ‘First Tranche Amount’ means, with respect
under this paragraph as the population of (2), and except as provided in paragraphs (3) to each metropolitan city for which an
each such county bears to the total popu- and (4), a metropolitan city, nonentitlement amount is allocated under subsection (b)(1),
lation of all such entities and shall pay such unit of local government, or county shall each State for which an amount is allocated
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S1366 CONGRESSIONAL RECORD — SENATE March 5, 2021
under subsection (b)(2) for distribution to grams to assist Native Hawaiians in accord- (d) CERTIFICATIONS AND REPORTS.—
nonentitlement units of local government, ance with this section. (1) IN GENERAL.—In order for an Alaska Na-
and each county for which an amount is allo- ‘‘(2) REMAINING AMOUNTS.— tive Corporation to receive a payment under
cated under subsection (b)(3), 50 percent of ‘‘(A) IN GENERAL.—From the amount of the this section, the Alaska Native Corporation
the amount so allocated to such metropoli- appropriation under subsection (a) that re- shall provide the Secretary with a certifi-
tan city, State, or county (as applicable). mains after the application of paragraph (1), cation, signed by an authorized officer of
‘‘(4) METROPOLITAN CITY.—The term ‘met- the Secretary shall make payments to such Alaska Native Corporation, that such
ropolitan city’ has the meaning given that States based on population such that— Alaska Native Corporation requires the pay-
term in section 102(a)(4) of the Housing and ‘‘(i) 50 percent of such amount shall be al- ment to carry out the activities specified in
Community Development Act of 1974 (42 located among the States based on the pro- subsection (c) and will use any payment
U.S.C. 5302(a)(4)) and includes cities that re- portion that the population of each State under this section in compliance with such
linquish or defer their status as a metropoli- bears to the population of all States; subsection.
tan city for purposes of receiving allocations ‘‘(ii) 25 percent of such amount shall be al- (2) REPORTING.—Any Alaska Native Cor-
under section 106 of such Act (42 U.S.C. 5306) located among the States based on the pro- poration receiving a payment under this sec-
for fiscal year 2021. portion that the number of individuals living tion shall provide to the Secretary periodic
‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV- in rural areas in each State bears to the reports providing a detailed accounting of—
ERNMENT.—The term ‘nonentitlement unit of number of individuals living in rural areas in (A) the uses of funds by such Alaska Native
local government’ means a ‘city’, as that all States; and Corporation; and
term is defined in section 102(a)(5) of the ‘‘(iii) 25 percent of such amount shall be al- (B) such other information as the Sec-
Housing and Community Development Act of located among the States based on the pro- retary may require for the administration of
1974 (42 U.S.C. 5302(a)(5))), that is not a met- portion that the number of individuals with this section.
ropolitan city. a household income that is below 150 percent (e) RECOUPMENT.—Any Alaska Native Cor-
‘‘(6) SECOND TRANCHE AMOUNT.—The term of the poverty line applicable to a family of poration that has failed to comply with sub-
‘Second Tranche Amount’ means, with re- the size involved in each State bears to the section (c) shall be required to repay to the
spect to each metropolitan city for which an number of such individuals in all States. Secretary an amount equal to the amount of
amount is allocated under subsection (b)(1), ‘‘(B) DATA.—In determining the allocations funds used in violation of such subsection.
each State for which an amount is allocated to be made to each State under subparagraph (f) REGULATIONS.—The Secretary shall
under subsection (b)(2) for distribution to (A), the Secretary of the Treasury shall use have the authority to issue such regulations
nonentitlement units of local government, the most recent data available from the Bu- as may be necessary or appropriate to carry
and each county for which an amount is allo- reau of the Census. out this section.
cated under subsection (b)(3), an amount not ‘‘(c) TIMING.—The Secretary shall establish (g) DEFINITIONS.—In this section:
to exceed 50 percent of the amount so allo- a process of applying for grants to access (1) ALASKA NATIVE CORPORATION.—The term
cated to such metropolitan city, State, or funding made available under section (b) not ‘‘Alaska Native Corporation’’ means a Na-
county (as applicable). later than 60 days after enactment of this tive Corporation (as defined in section 3 of
‘‘(7) SECRETARY.—The term ‘Secretary’ section. the Alaska Native Claims Settlement Act (43
means the Secretary of the Treasury. ‘‘(d) DEFINITIONS.—In this section: U.S.C. 1602)).
‘‘(8) STATE.—The term ‘State’ means each ‘‘(1) SECRETARY.—The term ‘Secretary’ (2) COVID–19 PUBLIC HEALTH EMERGENCY.—
of the 50 States, the District of Columbia, means the Secretary of the Treasury. The term ‘‘COVID–19 public health emer-
the Commonwealth of Puerto Rico, the ‘‘(2) STATE.—The term ‘State’ means 1 of gency’’ means the public health emergency
the 50 States.
United States Virgin Islands, Guam, the declared by the Secretary of Health and
‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib-
Commonwealth of the Northern Mariana Is- Human Services under section 319 of the
al government’ has the meaning given such
lands, and American Samoa. Public Health Service Act (42 U.S.C. 247d) on
term in section 603(g).’’.
‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.— (b) CONFORMING AMENDMENT.—The heading January 31, 2020, with respect to Coronavirus
The term ‘unit of general local government’ for title VI of the Social Security Act (42 Disease 2019 (COVID–19).
has the meaning given that term in section U.S.C. 801 et seq.) is amended by striking (3) SECRETARY.—The term ‘‘Secretary’’
102(a)(1) of the Housing and Community De- ‘‘FUND’’ and inserting ‘‘, FISCAL RECOV- means the Secretary of the Treasury.
velopment Act of 1974 (42 U.S.C. 5302(a)(1)). ERY, AND CRITICAL CAPITAL PROJECTS
‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS FUNDS’’. SA 1314. Ms. MURKOWSKI (for her-
FUND.
SEC. 9902. CORONAVIRUS RECOVERY FOR ALAS- self and Mr. SULLIVAN) submitted an
‘‘(a) APPROPRIATION.—In addition to KA NATIVE CORPORATIONS. amendment intended to be proposed to
amounts otherwise available, there is appro- (a) APPROPRIATION.—In addition to amendment SA 891 proposed by Mr.
priated for fiscal year 2021, out of any money amounts otherwise available, there is appro-
in the Treasury not otherwise appropriated,
SCHUMER (for himself, Mr. WYDEN, Mrs.
priated for fiscal year 2021, out of any money MURRAY, Mr. BROWN, Mr. PETERS, Mr.
$10,000,000,000, to remain available until ex- in the Treasury not otherwise appropriated
pended, for making payments to States, ter- to the Secretary $500,000,000, to remain avail-
CARDIN, Ms. CANTWELL, Ms. STABENOW,
ritories, and Tribal governments to carry able through December 31, 2024, for making Mr. TESTER, Mr. MENENDEZ, Mr.
out critical capital projects directly ena- payments under this section to Alaska Na- SCHATZ, Mr. CARPER, Mr. LEAHY, and
bling work, education, and health moni- tive Corporations to mitigate the fiscal ef- Mr. SANDERS) to the bill H.R. 1319, to
toring, including remote options, in response fects stemming from the COVID–19 public provide for reconciliation pursuant to
to the public health emergency with respect health emergency.
to the Coronavirus Disease (COVID–19). title II of S. Con. Res. 5; which was or-
(b) ALLOCATION AND PAYMENT.—From the
‘‘(b) PAYMENTS TO EACH OF THE 50 STATES amount appropriated under subsection (a),
dered to lie on the table; as follows:
AND THE DISTRICT OF COLUMBIA.— the Secretary shall make allocations and At the end of subtitle A of title VII, add
‘‘(1) MINIMUM AMOUNTS.—From the amount payments to Alaska Native Corporations in the following:
appropriated under subsection (a)— such manner as the Secretary shall deter- SEC. 7105. VOYAGE DEEMED TO BE FOREIGN.
‘‘(A) the Secretary shall pay $100,000,000 to mine. (a) CRITERIA.—A roundtrip voyage trans-
each State; (c) REQUIREMENTS.— porting passengers between a port or place in
‘‘(B) the Secretary shall pay $100,000,000 to (1) USE OF FUNDS.—Subject to paragraph the State of Alaska and a port or place in
the Commonwealth of Puerto Rico and (2), an Alaska Native Corporation shall only the State of Washington is deemed a foreign
$100,000,000 to the District of Columbia; use the funds provided under a payment voyage for purposes of the law of the United
‘‘(C) the Secretary shall pay $100,000,000 of made under this section by December 31, States, if the voyage—
such amount in equal shares to the United 2024— (1) is made by a passenger vessel to which
States Virgin Islands, Guam, American (A) to respond to the COVID–19 public sections 3507 and 3508 of title 46, United State
Samoa, the Commonwealth of the Northern health emergency or its negative economic Code, apply; and
Mariana Islands, the Republic of the Mar- impacts, including assistance to households, (2) occurs during the period described in
shall Islands, the Federated States of Micro- small businesses, and nonprofits, or aid to subsection (b).
nesia, and the Republic of Palau; and impacted industries such as tourism, travel, (b) DURATION OF APPLICABILITY.—A voyage
‘‘(D) the Secretary shall pay $100,000,000 of and hospitality; or deemed to be a foreign voyage under sub-
such amount to Tribal governments and the (B) to make necessary investments in pub- section (a) is a voyage which begins not later
State of Hawaii (in addition to the amount lic water, sewer, or broadband infrastruc- than any date prior to February 28, 2022, on
paid to the State of Hawaii under subpara- ture. which the Government of Canada or its polit-
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graph (A)), of which— (2) TRANSFER AUTHORITY.—An Alaska Na- ical subdivisions, or any port or province in
‘‘(i) not less than $50,000 shall be paid to tive Corporation receiving a payment from Canada, prohibits a passenger vessel to
each Tribal government; and funds made available under this section may which sections 3507 and 3508 of title 46,
‘‘(ii) not less than $50,000 shall be paid to transfer funds to a Tribal organization (as United State Code, apply from entering,
the State of Hawaii for the exclusive use of that term is defined in section 4 of the In- berthing, or docking in Canadian waters of
the Department of Hawaiian Home Lands dian Self-Determination and Education As- the Pacific Coast due to the COVID–19 pan-
and the Native Hawaiian Education Pro- sistance Act (25 U.S.C. 5304)). demic.
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