Congressional Record, Senate, March 5, 2021, Page S1382
Summary
A page of the Congressional Record, Senate, dated March 5, 2021, at pages S1382 and S1383, carrying text of amendments to SA 891, the substitute to H.R. 1319. SA 1361, submitted by Mr. Lee, and SA 1362, submitted by Mr. Romney, are listed. The amendment texts include a section on spectrum reallocation, defining net proceeds of competitive bidding under the Communications Act of 1934, and a replacement of subtitle M of title IX with provisions on Coronavirus State and local fiscal recovery funds, including allocations among the States and the District of Columbia based on unemployment.
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, Page S1382.”
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S1382 CONGRESSIONAL RECORD — SENATE March 5, 2021
309(j)(8)(D)(i) of the Communications Act of tion 113(g)) of Federal entities relocated ‘‘(B) ALLOCATION.—Of the amount reserved
1934 (47 U.S.C. 309(j)(8)(D)(i)), in the case of from those eligible frequencies shall be de- under subparagraph (A)—
proceeds attributable to the auction under posited in the Spectrum Relocation Fund es- ‘‘(i) $571,428,571 shall be allocated by the
paragraph (1)(A) of this subsection of any eli- tablished under section 118 of the National Secretary equally among each of the Tribal
gible frequencies described in paragraph (2) Telecommunications and Information Ad- governments; and
of section 113(g) of the National Tele- ministration Organization Act (47 U.S.C. ‘‘(ii) $10,857,142,857 shall be allocated by the
communications and Information Adminis- 928). Secretary to the Tribal governments in a
tration Organization Act (47 U.S.C. 923(g)), (d) BROADBAND INFRASTRUCTURE DEPLOY- manner determined by the Secretary.
only the portion of the proceeds as is nec- MENT IN UNSERVED AREAS.—The Federal ‘‘(C) PAYMENT.— The Secretary shall pay
essary to cover the relocation or sharing Communications Commission shall use the each Tribal government the total of the
costs (as defined in paragraph (3) of such sec- net proceeds of the auction conducted under amounts allocated for the Tribal government
tion 113(g)) of Federal entities relocated subsection (c)(1)(A) for the deployment of under subparagraph (B) in accordance with
from those eligible frequencies shall be de- broadband infrastructure to areas in the paragraph (6).
posited in the Spectrum Relocation Fund es- United States that the Commission has de- ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES
tablished under section 118 of the National termined lack access to both— AND THE DISTRICT OF COLUMBIA.—
Telecommunications and Information Ad- (1) fixed broadband internet access service; ‘‘(A) IN GENERAL.—The Secretary shall re-
ministration Organization Act (47 U.S.C. and serve $111,600,000,000 of the amount appro-
928). (2) mobile broadband internet access serv- priated under subsection (a)(1) to make pay-
ice. ments to each of the 50 States and the Dis-
SA 1361. Mr. LEE submitted an trict of Columbia.
amendment intended to be proposed to SA 1362. Mr. ROMNEY submitted an
‘‘(B) ALLOCATIONS.—Of the amount re-
amendment SA 891 proposed by Mr. amendment intended to be proposed to served under subparagraph (A)—
SCHUMER (for himself, Mr. WYDEN, Mrs. amendment SA 891 proposed by Mr. ‘‘(i) $14,571,428,571 of such amount shall be
MURRAY, Mr. BROWN, Mr. PETERS, Mr. SCHUMER (for himself, Mr. WYDEN, Mrs. allocated by the Secretary equally among
CARDIN, Ms. CANTWELL, Ms. STABENOW, MURRAY, Mr. BROWN, Mr. PETERS, Mr. each of the 50 States and the District of Co-
Mr. TESTER, Mr. MENENDEZ, Mr. CARDIN, Ms. CANTWELL, Ms. STABENOW, lumbia;
Mr. TESTER, Mr. MENENDEZ, Mr. ‘‘(ii) an amount equal to $714,285,714 less
SCHATZ, Mr. CARPER, Mr. LEAHY, and
SCHATZ, Mr. CARPER, Mr. LEAHY, and the amount allocated for the District of Co-
Mr. SANDERS) to the bill H.R. 1319, to lumbia pursuant to section 601(c)(6) shall be
provide for reconciliation pursuant to Mr. SANDERS) to the bill H.R. 1319, to
allocated by the Secretary as an additional
title II of S. Con. Res. 5; which was or- provide for reconciliation pursuant to amount to the District of Columbia; and
dered to lie on the table; as follows: title II of S. Con. Res. 5; which was or- ‘‘(iii) an amount equal to the remainder of
At the appropriate place in title VII, insert dered to lie on the table; as follows: the amount reserved under subparagraph (A)
the following: Strike subtitle M of title IX and insert the after the application of clauses (i) and (ii) of
SEC. llll. SPECTRUM REALLOCATION. following: this subparagraph shall be allocated by the
(a) DEFINITION.—In this section, the term Subtitle M—Coronavirus State and Local Secretary as an additional amount to each of
‘‘net proceeds’’, with respect to the use of a Fiscal Recovery Funds the 50 States and the District of Columbia in
system of competitive bidding under section SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS- an amount which bears the same proportion
309(j) of the Communications Act of 1934 (47 CAL RECOVERY FUNDS. to such remainder as the average estimated
U.S.C. 309(j)), means the proceeds remaining (a) IN GENERAL.—Title VI of the Social Se- number of seasonally-adjusted unemployed
after subtracting all auction-related expend- curity Act (42 U.S.C. 801 et seq.) is amended individuals (as measured by the Bureau of
itures, including— by adding at the end the following: Labor Statistics Local Area Unemployment
(1) relocation payments, including acceler- ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- Statistics program) in the State or District
ated relocation payments; ERY FUND. of Columbia over the 3-month period ending
(2) payments to incumbent licensees for ‘‘(a) APPROPRIATION.—In addition to with December 2020 bears to the average esti-
the relinquishment of all or a portion of the amounts otherwise available, there is appro- mated number of seasonally-adjusted unem-
spectrum usage rights of those licensees; priated for fiscal year 2021, out of any money ployed individuals in all of the 50 States and
(3) costs associated with the reallocation of in the Treasury not otherwise appropriated— the District of Columbia over the same pe-
spectrum, whether on an exclusive or shared ‘‘(1) $125,600,000,000, to remain available riod.
use basis; through December 31, 2024, for making pay- ‘‘(C) PAYMENT.—
(4) relocation or sharing costs, including ments under this section to States, terri- ‘‘(i) IN GENERAL.—Subject to clause (ii), the
for planning for relocation or sharing; and tories, and Tribal governments to mitigate Secretary shall pay each of the 50 States and
(5) bidding credits. the fiscal effects stemming from the public the District of Columbia, from the amount
(b) IDENTIFICATION OF SPECTRUM.—The As- health emergency with respect to the reserved under subparagraph (A), the total of
sistant Secretary of Commerce for Commu- Coronavirus Disease (COVID–19); and the amounts allocated for the State and Dis-
nications and Information shall identify not ‘‘(2) $50,000,000, to remain available until trict of Columbia under subparagraph (B) in
less than 150 megahertz of electromagnetic expended, for the costs of the Secretary for accordance with paragraph (6).
spectrum that the Federal Communications administration of the funds established ‘‘(ii) MINIMUM PAYMENT REQUIREMENT.—
Commission can reallocate for licensed and under this title. ‘‘(I) IN GENERAL.—The sum of—
unlicensed use in accordance with subsection ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(aa) the total amounts allocated for 1 of
(c)(1), including sufficient spectrum to gen- ‘‘(1) PAYMENTS TO TERRITORIES.— the 50 States or the District of Columbia
erate not less than $10,000,000,000 in net pro- ‘‘(A) IN GENERAL.—The Secretary shall re- under subparagraph (B) (as determined with-
ceeds through an auction described in sub- serve $2,571,428,571 of the amount appro- out regard to this clause); and
section (c)(1)(A). priated under subsection (a)(1) to make pay- ‘‘(bb) the amounts allocated under section
(c) REALLOCATION.— ments to the territories. 603 to the State (for distribution by the
(1) IN GENERAL.—Not later than July 31, ‘‘(B) ALLOCATION.—Of the amount reserved State to nonentitlement units of local gov-
2024, of the band or bands of electromagnetic under subparagraph (A)— ernment in the State) and to metropolitan
spectrum identified under subsection (b), the ‘‘(i) 50 percent of such amount shall be al- cities and counties in the State;
Federal Communications Commission shall— located by the Secretary equally to each ter- shall not be less than the amount paid to the
(A) use a system of competitive bidding to ritory; and State or District of Columbia for fiscal year
award licenses for commercial use of half of ‘‘(ii) 50 percent of such amount shall be al- 2020 under section 601.
the spectrum; and located by the Secretary as an additional ‘‘(II) PRO RATA ADJUSTMENT.—The Sec-
(B) make half of the spectrum available for amount to each territory in an amount retary shall adjust on a pro rata basis the
unlicensed use. which bears the same proportion to 1⁄2 of the amount of the allocations for each of the 50
(2) USE OF PROCEEDS FOR RELOCATION OR total amount reserved under subparagraph States and the District of Columbia deter-
SHARING COSTS.—Notwithstanding section (A) as the population of the territory bears mined under subparagraph (B)(iii) (without
309(j)(8)(D)(i) of the Communications Act of to the total population of all such terri- regard to this clause) to the extent necessary
1934 (47 U.S.C. 309(j)(8)(D)(i)), in the case of tories. to comply with the requirement of subclause
proceeds attributable to the auction under ‘‘(C) PAYMENT.—The Secretary shall pay (I).
paragraph (1)(A) of this subsection of any eli- each territory the total of the amounts allo- ‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.—
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gible frequencies described in paragraph (2) cated for the territory under subparagraph The amounts otherwise determined for allo-
of section 113(g) of the National Tele- (B) in accordance with paragraph (6). cation and payment under paragraphs (1), (2),
communications and Information Adminis- ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— and (3) may be adjusted by the Secretary on
tration Organization Act (47 U.S.C. 923(g)), ‘‘(A) IN GENERAL.—The Secretary shall re- a pro rata basis to the extent necessary to
only the portion of the proceeds as is nec- serve $11,428,571,429 of the amount appro- ensure that all available funds are allocated
essary to cover the relocation or sharing priated under subsection (a)(1) to make pay- to States, territories, and Tribal govern-
costs (as defined in paragraph (3) of such sec- ments to Tribal governments. ments in accordance with the requirements
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1383
specified in each such paragraph (as applica- the Secretary with a certification, signed by with respect to the Coronavirus Disease
ble). an authorized officer of such State or terri- (COVID–19).
‘‘(5) POPULATION DATA.—For purposes of de- tory, that such State or territory requires ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—
termining allocations for a territory under the payment or transfer to carry out the ac- ‘‘(1) METROPOLITAN CITIES.—
this section, the population of the territory tivities specified in subsection (c) of this sec- ‘‘(A) IN GENERAL.—Of the amount appro-
shall be determined based on the most recent tion and will use any payment under this priated under subsection (a), the Secretary
data available from the Bureau of the Cen- section, or transfer of funds under section shall reserve $24,040,000,000 to make pay-
sus. 603(c)(4), in compliance with subsection (c) of ments to metropolitan cities.
‘‘(6) TIMING.— this section ‘‘(B) ALLOCATION AND PAYMENT.—From the
‘‘(A) IN GENERAL.—To the extent prac- ‘‘(2) REPORTING.—Any State, territory, or amount reserved under subparagraph (A), the
ticable, with respect to each State and terri- Tribal government receiving a payment Secretary shall allocate and, in accordance
tory allocated a payment under this sub- under this section shall provide to the Sec- with paragraph (7), pay to each metropolitan
section, the Secretary shall make the pay- retary periodic reports providing a detailed city an amount determined for the metro-
ment required for the State or territory not accounting of— politan city consistent with the formula
later than 60 days after the date on which ‘‘(A) the uses of funds by such State, terri- under section 106(b) of the Housing and Com-
the certification required under subsection tory, or Tribal government, including, in the munity Development Act of 1974 (42 U.S.C.
(d)(1) is provided to the Secretary. case of a State or a territory, all modifica- 5306(b)), except that, in applying such for-
‘‘(B) TRIBAL GOVERNMENTS.—To the extent tions to the State’s or territory’s tax rev- mula, the Secretary shall substitute ‘all
practicable, with respect to each Tribal gov- enue sources during the covered period; and metropolitan cities’ for ‘all metropolitan
ernment for which an amount is allocated ‘‘(B) such other information as the Sec- areas’ each place it appears.
under this subsection, the Secretary shall retary may require for the administration of ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV-
make the payment required for the Tribal this section. ERNMENT.—
government not later than 60 days after the ‘‘(e) RECOUPMENT.—Any State, territory, or ‘‘(A) IN GENERAL.—Of the amount appro-
date of enactment of this section. Tribal government that has failed to comply priated under subsection (a), the Secretary
‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO- with subsection (c) shall be required to repay
LUMBIA.—The Secretary shall pay the shall reserve $10,302,857,143 to make pay-
to the Secretary an amount equal to the ments to States for distribution by the State
amount allocated under paragraph (3)(B)(ii) amount of funds used in violation of such
to the District of Columbia not later than 15 to nonentitlement units of local government
subsection, provided that, in the case of a in the State.
days after the date of enactment of this sec- violation of subsection (c)(2)(A), the amount
tion. ‘‘(B) ALLOCATION AND PAYMENT.—From the
the State or territory shall be required to amount reserved under subparagraph (A), the
‘‘(c) REQUIREMENTS.—
repay shall be lesser of— Secretary shall allocate and, in accordance
‘‘(1) USE OF FUNDS.—Subject to paragraph
‘‘(1) the amount of the applicable reduction with paragraph (7), pay to each State an
(2), and except as provided in paragraph (3),
to net tax revenue attributable to such vio- amount which bears the same proportion to
a State, territory, or Tribal government
lation; and such reserved amount as the total popu-
shall only use the funds provided under a
‘‘(2) the amount of funds received by such lation of all nonentitlement units of local
payment made under this section, or trans-
ferred pursuant to section 603(c)(4), to cover State or territory pursuant to a payment government in the State bears to the total
costs incurred by the State, territory, or made under this section or a transfer made population of all nonentitlement units of
Tribal government, by December 31, 2024— under section 603(c)(4). local government in all such States.
‘‘(A) to respond to the public health emer- ‘‘(f) REGULATIONS.—The Secretary shall ‘‘(C) DISTRIBUTION TO NONENTITLEMENT
gency with respect to the Coronavirus Dis- have the authority to issue such regulations UNITS OF LOCAL GOVERNMENT.—
ease 2019 (COVID–19) or its negative eco- as may be necessary or appropriate to carry ‘‘(i) IN GENERAL.—Not later than 30 days
nomic impacts, including assistance to out this section. after a State receives a payment under sub-
households, small businesses, and nonprofits, ‘‘(g) DEFINITIONS.—In this section: paragraph (B), the State shall distribute to
or aid to impacted industries such as tour- ‘‘(1) COVERED PERIOD.—The term ‘covered each nonentitlement unit of local govern-
ism, travel, and hospitality; period’ means, with respect to a State, terri- ment in the State an amount that bears the
‘‘(B) for the provision of government serv- tory, or Tribal government, the period that— same proportion to the amount of such pay-
ices to the extent of the reduction in revenue ‘‘(A) begins on March 3, 2021; and ment as the population of the nonentitle-
of such State, territory, or Tribal govern- ‘‘(B) ends on the last day of the fiscal year ment unit of local government bears to the
ment due to such emergency; or of such State, territory, or Tribal govern- total population of all the nonentitlement
‘‘(C) to make necessary investments in ment in which all funds received by the units of local government in the State, sub-
water, sewer, or broadband infrastructure. State, territory, or Tribal government from ject to clause (iii).
‘‘(2) FURTHER RESTRICTION ON USE OF a payment made under this section or a ‘‘(ii) DISTRIBUTION OF FUNDS.—
FUNDS.— transfer made under section 603(c)(4) have ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an
‘‘(A) IN GENERAL.—A State or territory been expended or returned to, or recovered authorized officer of a State required to
shall not use the funds provided under this by, the Secretary. make distributions under clause (i) certifies
section or transferred pursuant to section ‘‘(2) SECRETARY.—The term ‘Secretary’ in writing to the Secretary before the end of
603(c)(4) to either directly or indirectly offset means the Secretary of the Treasury. the 30-day distribution period described in
a reduction in the net tax revenue of such ‘‘(3) STATE.—The term ‘State’ means each such clause that it would constitute an ex-
State or territory resulting from a change in of the 50 States and the District of Columbia. cessive administrative burden for the State
law, regulation, or administrative interpre- ‘‘(4) TERRITORY.—The term ‘territory’ to meet the terms of such clause with re-
tation during the covered period that re- means the Commonwealth of Puerto Rico, spect to 1 or more such distributions, the au-
duces any tax (by providing for a reduction the United States Virgin Islands, Guam, the thorized officer may request, and the Sec-
in a rate, a rebate, a deduction, a credit, or Commonwealth of the Northern Mariana Is- retary shall grant, an extension of such pe-
otherwise) or delays the imposition of any lands, and American Samoa. riod of not more than 30 days to allow the
tax or tax increase. ‘‘(5) TRIBAL GOVERNMENT.—The term ‘Trib- State to make such distributions in accord-
‘‘(B) PENSION FUNDS.—No State or territory al Government’ means the recognized gov- ance with clause (i).
may use funds made available under this sec- erning body of any Indian or Alaska Native ‘‘(II) ADDITIONAL EXTENSIONS.—
tion for deposit into any pension fund. tribe, band, nation, pueblo, village, commu- ‘‘(aa) IN GENERAL.—If a State has been
‘‘(3) TRANSFER AUTHORITY.—A State, terri- nity, component band, or component res- granted an extension to the distribution pe-
tory, or Tribal government receiving a pay- ervation, individually identified (including riod under subclause (I) but is unable to
ment from funds made available under this parenthetically) in the list published most make all the distributions required under
section may transfer funds to a private non- recently as of the date of enactment of this clause (i) before the end of such period as ex-
profit organization (as that term is defined Act pursuant to section 104 of the Federally tended, an authorized officer of the State
in paragraph (17) of section 401 of the McKin- Recognized Indian Tribe List Act of 1994 (25 may request an additional extension of the
ney-Vento Homeless Assistance Act (42 U.S.C. 5131). distribution period of not more than 30 days.
U.S.C. 11360(17)), a Tribal organization (as ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV- The Secretary may grant a request for an ad-
that term is defined in section 4 of the In- ERY FUND. ditional extension of such period only if—
dian Self-Determination and Education As- ‘‘(a) APPROPRIATION.—In addition to ‘‘(AA) the authorized officer making such
sistance Act (25 U.S.C. 5304)), a public benefit amounts otherwise available, there is appro- request provides a written plan to the Sec-
corporation involved in the transportation of priated for fiscal year 2021, out of any money retary specifying, for each distribution for
ctelli on DSK11ZRN23PROD with SENATE
passengers or cargo, or a special-purpose in the Treasury not otherwise appropriated, which an additional extension is requested,
unit of State or local government. $68,685,714,286, to remain available through when the State expects to make such dis-
‘‘(d) CERTIFICATIONS AND REPORTS.— December 31, 2024, for making payments tribution and the actions the State has
‘‘(1) IN GENERAL.—In order for a State or under this section to metropolitan cities, taken and will take in order to make all
territory to receive a payment under this nonentitlement units of local government, such distributions before the end of the dis-
section, or a transfer of funds under section and counties to mitigate the fiscal effects tribution period (as extended under sub-
603(c)(4), the State or territory shall provide stemming from the public health emergency clause (I) and this subclause); and
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S1384 CONGRESSIONAL RECORD — SENATE March 5, 2021
‘‘(BB) the Secretary determines that such graphically contained (in full or in part) special-purpose unit of State or local govern-
plan is reasonably designed to distribute all within the boundaries of another unit of gen- ment.
such funds to nonentitlement units of local eral local government may receive a dis- ‘‘(4) TRANSFERS TO STATES.—Notwith-
government by the end of the distribution tribution under each of paragraphs (1), (2), standing paragraph (1), a metropolitan city,
period (as so extended). and (3), as applicable, based on the respective nonentitlement unit of local government, or
‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If formulas specified in such paragraphs. county receiving a payment from funds made
a State granted an additional extension of ‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.— available under this section may transfer
the distribution period under item (aa) re- The amounts otherwise determined for allo- such funds to the State in which such entity
quires any further additional extensions of cation and payment under paragraphs (1), (2), is located.
such period, the request only may be made and (3) may be adjusted by the Secretary on ‘‘(d) REPORTING.—Any metropolitan city,
and granted subject to the requirements 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- county receiving funds provided under a pay-
‘‘(iii) CAPPED AMOUNT.—The total amount 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
shall reserve and allocate $34,342,857,143 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
allocated amounts to such counties in ac- only use the funds provided under a payment under subsection (b)(2) for distribution to
cordance with paragraph (7). made under this section to cover costs in- nonentitlement units of local government,
‘‘(B) SPECIAL RULES.— curred by the metropolitan city, nonentitle- and each county for which an amount is allo-
‘‘(i) URBAN COUNTIES.—No county that is an ment unit of local government, or county, by cated under subsection (b)(3), 50 percent of
‘urban county’ (as defined in section 102 of December 31, 2024— the amount so allocated to such metropoli-
the Housing and Community Development ‘‘(A) to respond to the public health emer- tan city, State, or county (as applicable).
Act of 1974 (42 U.S.C. 5302)) shall receive less gency with respect to the Coronavirus Dis- ‘‘(4) METROPOLITAN CITY.—The term ‘met-
than the amount the county would otherwise ease 2019 (COVID–19) or its negative eco- ropolitan city’ has the meaning given that
receive if the amount paid under this para- nomic impacts, including assistance to term in section 102(a)(4) of the Housing and
graph were allocated to metropolitan cities households, small businesses, and nonprofits, Community Development Act of 1974 (42
and urban counties under section 106(b) of or aid to impacted industries such as tour- U.S.C. 5302(a)(4)) and includes cities that re-
the Housing and Community Development ism, travel, and hospitality; linquish or defer their status as a metropoli-
Act of 1974 (42 U.S.C. 5306(b)). ‘‘(B) for the provision of government serv- tan city for purposes of receiving allocations
‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN- ices to the extent of the reduction in revenue under section 106 of such Act (42 U.S.C. 5306)
ERAL LOCAL GOVERNMENT.—In the case of an of such metropolitan city, nonentitlement for fiscal year 2021.
amount to be paid to a county that is not a unit of local government, or county due to ‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV-
unit of general local government, the such emergency; or ERNMENT.—The term ‘nonentitlement unit of
amount shall instead be paid to the State in ‘‘(C) to make necessary investments in local government’ means a ‘city’, as that
which such county is located, and such State water, sewer, or broadband infrastructure. term is defined in section 102(a)(5) of the
shall distribute such amount to each unit of ‘‘(2) PENSION FUNDS.—No metropolitan Housing and Community Development Act of
general local government within such county city, nonentitlement unit of local govern- 1974 (42 U.S.C. 5302(a)(5))), that is not a met-
in an amount that bears the same proportion ment, or county may use funds made avail- ropolitan city.
to the amount to be paid to such county as able under this section for deposit into any ‘‘(6) SECOND TRANCHE AMOUNT.—The term
the population of such units of general local pension fund. ‘Second Tranche Amount’ means, with re-
government bears to the total population of ‘‘(3) TRANSFER AUTHORITY.—A metropolitan spect to each metropolitan city for which an
such county. city, nonentitlement unit of local govern- amount is allocated under subsection (b)(1),
‘‘(iii) DISTRICT OF COLUMBIA.—For purposes ment, or county receiving a payment from each State for which an amount is allocated
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of this paragraph, the District of Columbia funds made available under this section may under subsection (b)(2) for distribution to
shall be considered to consist of a single transfer funds to a private nonprofit organi- nonentitlement units of local government,
county that is a unit of general local govern- zation (as that term is defined in paragraph and each county for which an amount is allo-
ment. (17) of section 401 of the McKinney-Vento cated under subsection (b)(3), an amount not
‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit Homeless Assistance Act (42 U.S.C. 11360(17)), to exceed 50 percent of the amount so allo-
of general local government that has formed a public benefit corporation involved in the cated to such metropolitan city, State, or
a consolidated government, or that is geo- transportation of passengers or cargo, or a county (as applicable).
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1385
‘‘(7) SECRETARY.—The term ‘Secretary’ later than 60 days after enactment of this ‘‘(i) 50 percent of such amount shall be al-
means the Secretary of the Treasury. section. located by the Secretary equally among each
‘‘(8) STATE.—The term ‘State’ means each ‘‘(d) DEFINITIONS.—In this section: territory; and
of the 50 States, the District of Columbia, ‘‘(1) SECRETARY.—The term ‘Secretary’ ‘‘(ii) 50 percent of such amount shall be al-
the Commonwealth of Puerto Rico, the means the Secretary of the Treasury. located by the Secretary as an additional
United States Virgin Islands, Guam, the ‘‘(2) STATE.—The term ‘State’ means 1 of amount to each territory in an amount
Commonwealth of the Northern Mariana Is- the 50 States. which bears the same proportion to 1⁄2 of the
lands, and American Samoa. ‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib- total amount reserved under subparagraph
‘‘(9) UNIT OF GENERAL LOCAL GOVERNMENT.— al government’ has the meaning given such (A) as the relative population of the terri-
The term ‘unit of general local government’ term in section 603(g).’’. tory bears to the total population of all such
has the meaning given that term in section (b) CONFORMING AMENDMENT.—The heading territories.
102(a)(1) of the Housing and Community De- for title VI of the Social Security Act (42 ‘‘(C) PAYMENT.—The Secretary shall pay
velopment Act of 1974 (42 U.S.C. 5302(a)(1)). U.S.C. 801 et seq.) is amended by striking each territory the total of the amounts allo-
‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS
‘‘FUND’’ and inserting ‘‘, FISCAL RECOV- cated for the territory under subparagraph
FUND. ERY, AND CRITICAL CAPITAL PROJECTS
(B).
FUNDS’’.
‘‘(a) APPROPRIATION.—In addition to ‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.—
amounts otherwise available, there is appro- SA 1363. Mr. ROMNEY (for himself ‘‘(A) IN GENERAL.—The Secretary shall re-
priated for fiscal year 2021, out of any money serve $20,000,000,000 of the amount appro-
and Mr. MARSHALL) submitted an
in the Treasury not otherwise appropriated, priated under subsection (a)(1) to make pay-
$5,714,285,714 , to remain available until ex- amendment intended to be proposed to ments to Tribal governments.
pended, for making payments to States, ter- amendment SA 891 proposed by Mr. ‘‘(B) ALLOCATION.—Of the amount reserved
ritories, and Tribal governments to carry SCHUMER (for himself, Mr. WYDEN, Mrs. under subparagraph (A)—
out critical capital projects directly ena- MURRAY, Mr. BROWN, Mr. PETERS, Mr. ‘‘(i) $1,000,000,000 shall be allocated by the
bling work, education, and health moni- CARDIN, Ms. CANTWELL, Ms. STABENOW, Secretary equally among each Tribal govern-
toring, including remote options, in response Mr. TESTER, Mr. MENENDEZ, Mr. ment; and
to the public health emergency with respect SCHATZ, Mr. CARPER, Mr. LEAHY, and ‘‘(ii) $19,000,000,000 shall be allocated by the
to the Coronavirus Disease (COVID–19). Mr. SANDERS) to the bill H.R. 1319, to Secretary among each Tribal government in
‘‘(b) PAYMENTS TO EACH OF THE 50 STATES an amount determined by the Secretary.
AND THE DISTRICT OF COLUMBIA.—
provide for reconciliation pursuant to
‘‘(C) PAYMENT.— The Secretary shall pay
‘‘(1) MINIMUM AMOUNTS.—From the amount title II of S. Con. Res. 5; which was or- each Tribal government the total of the
appropriated under subsection (a)— dered to lie on the table; as follows: amounts allocated for the Tribal government
‘‘(A) the Secretary shall pay $57,142,857 to At the end of section 2001, add the fol- under subparagraph (B).
each State; lowing: ‘‘(3) PAYMENTS TO EACH OF THE 50 STATES
‘‘(B) the Secretary shall pay $57,142,857 to (i) FUNDING RESTRICTION.—A local edu- AND THE DISTRICT OF COLUMBIA.—
the Commonwealth of Puerto Rico and cational agency that has a partnership in ef- ‘‘(A) IN GENERAL.—The Secretary shall re-
$57,142,857 to the District of Columbia; fect with a cultural institute directly or in- serve $195,300,000,000 of the amount appro-
‘‘(C) the Secretary shall pay $57,142,857 of directly funded by the Government of the priated under subsection (a)(1) to make pay-
such amount in equal shares to the United People’s Republic of China (which partner- ments to each of the 50 States and the Dis-
States Virgin Islands, Guam, American ship is commonly referred to as a ‘‘Confucius trict of Columbia.
Samoa, the Commonwealth of the Northern Classroom’’) shall not be eligible to receive ‘‘(B) ALLOCATIONS.—Of the amount re-
Mariana Islands, the Republic of the Mar- funds under this section, unless the local served under subparagraph (A), the Sec-
shall Islands, the Federated States of Micro- educational agency can demonstrate that it retary shall allocate to each of the 50 States
nesia, and the Republic of Palau; and will terminate the partnership before the and the District of Columbia, upon applica-
‘‘(D) the Secretary shall pay $57,142,857 of date that is 60 days after the date of enact- tion to the Secretary, an amount that shall
such amount to Tribal governments and the ment of this Act. not exceed the sum of—
State of Hawaii (in addition to the amount ‘‘(i) the total amount of necessary expendi-
paid to the State of Hawaii under subpara- SA 1364. Mr. ROMNEY submitted an tures incurred by the State or District of Co-
graph (A)), of which— amendment intended to be proposed to lumbia between March 1, 2020, and March 31,
‘‘(i) not less than $28,571 shall be paid to amendment SA 891 proposed by Mr. 2021, for necessary expenditures incurred due
each Tribal government; and SCHUMER (for himself, Mr. WYDEN, Mrs. to the public health emergency with respect
‘‘(ii) not less than $28,571 shall be paid to MURRAY, Mr. BROWN, Mr. PETERS, Mr. to the Coronavirus Disease 2019 (COVID–19)
the State of Hawaii for the exclusive use of CARDIN, Ms. CANTWELL, Ms. STABENOW, (as such term was defined by the Secretary
the Department of Hawaiian Home Lands Mr. TESTER, Mr. MENENDEZ, Mr. for purposes of applying section 601(d)(1) on
and the Native Hawaiian Education Pro- or before the date of enactment of this sec-
grams to assist Native Hawaiians in accord-
SCHATZ, Mr. CARPER, Mr. LEAHY, and tion);
ance with this section. Mr. SANDERS) to the bill H.R. 1319, to ‘‘(ii) the amount (if any) by which—
‘‘(2) REMAINING AMOUNTS.— provide for reconciliation pursuant to ‘‘(I) the total amount of tax revenue col-
‘‘(A) IN GENERAL.—From the amount of the title II of S. Con. Res 5; which was or- lected by the State or District of Columbia
appropriation under subsection (a) that re- dered to lie on the table; as follows: in the second, third, and fourth calendar
mains after the application of paragraph (1), Beginning on page 575, strike line 21 and quarters of 2019 (as published by the Bureau
the Secretary shall make payments to all that follows through page 587, line 12, and of the Census in the Quarterly Summary of
States based on population such that— insert the following: State and Local Tax Revenue); exceeds
‘‘(i) 50 percent of such amount shall be al- ‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- ‘‘(II) the total amount of such revenue col-
located among the States based on the pro- ERY FUND. lected by the State or District of Columbia
portion that the population of each State ‘‘(a) APPROPRIATION.—In addition to in the second, third, and fourth calendar
bears to the population of all States; amounts otherwise available, there is appro- quarters of 2020 (as so published); and
‘‘(ii) 25 percent of such amount shall be al- priated for fiscal year 2021, out of any money ‘‘(iii) the amount (if any) by which—
located among the States based on the pro- in the Treasury not otherwise appropriated— ‘‘(I) the total amount expended by the
portion that the number of individuals living ‘‘(1) $219,800,000,000, to remain available State or District of Columbia for medical as-
in rural areas in each State bears to the until through December 31, 2024, for making sistance furnished under the State Medicaid
number of individuals living in rural areas in payments under this section to States, terri- plan under title XIX (or a waiver of such
all States; and tories, and Tribal governments to mitigate plan) in the second, third, and fourth cal-
‘‘(iii) 25 percent of such amount shall be al- the fiscal effects stemming from the public endar quarters of 2020 (reduced by the total
located among the States based on the pro- health emergency with respect to the amount of any Federal payments received or
portion that the number of individuals with Coronavirus Disease (COVID–19); and scheduled to be received by the State or the
a household income that is below 150 percent ‘‘(2) $50,000,000, to remain available until District of Columbia with respect to such ex-
of the poverty line applicable to a family of expended, for the costs of the Secretary for penditures that are attributable to the in-
the size involved in each State bears to the administration of the funds established crease to the Federal medical assistance per-
number of such individuals in all States. under this title. centage for the State or the District of Co-
‘‘(B) DATA.—In determining the allocations ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— lumbia under section 6008 of the Families
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to be made to each State under subparagraph ‘‘(1) PAYMENTS TO TERRITORIES.— First Coronavirus Response Act (Public Law
(A), the Secretary of the Treasury shall use ‘‘(A) IN GENERAL.—The Secretary shall re- 116–127)); exceeds
the most recent data available from the Bu- serve $4,500,000,000 of the amount appro- ‘‘(II) the total amount expended by the
reau of the Census. priated under subsection (a)(1) to make pay- State or District of Columbia for medical as-
‘‘(c) TIMING.—The Secretary shall establish ments to the territories. sistance furnished under such plan or waiver
a process of applying for grants to access ‘‘(B) ALLOCATION.—Of the amount reserved in the second, third, and fourth calendar
funding made available under section (b) not under subparagraph (A)— quarters of 2019.
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