Congressional Record — Senate, S1401 (March 5, 2021)
Summary
Page S1401 of the Senate section of the Congressional Record for March 5, 2021, with amendment text to H.R. 1319, in interleaved columns. Mr. Graham submits SA 1397, which strikes sections 2021, 2022 and 2023, changes a figure from $125,804,800,000 to $122,774,800,000 and adds a section on funding for the Individuals with Disabilities Education Act. Other text allows funds to repay debt incurred by the National Railroad Passenger Corporation and caps project management oversight at $2,000,000, and a further section makes payments to eligible revenue sharing counties and Tribal governments. A list gives staff names for floor passes.
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“Congressional Record — Senate, S1401 (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-pgs1401-3-c629766a0d/
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1401
(1) for the repayment or prepayment of SA 1397. Mr. GRAHAM submitted an On page 33, line 12, strike ‘‘$125,804,800,000’’
debt incurred by the National Railroad Pas- amendment intended to be proposed to and insert ‘‘$122,774,800,000’’.
senger Corporation under financing arrange- amendment SA 891 proposed by Mr. On page 34, line 2, strike ‘‘87.5’’ and insert
ments entered into prior to the date of en- ‘‘90’’.
SCHUMER (for himself, Mr. WYDEN, Mrs. On page 41, line 19, insert ‘‘and’’ after the
actment of this Act; and
(2) to pay required reserves, costs, and fees MURRAY, Mr. BROWN, Mr. PETERS, Mr. semicolon.
related to such debt, including for loans from CARDIN, Ms. CANTWELL, Ms. STABENOW, Beginning on page 41, strike line 20 and all
the Department of Transportation and loans Mr. TESTER, Mr. MENENDEZ, Mr. that follows through page 42, line 6.
that would otherwise have been paid from SCHATZ, Mr. CARPER, Mr. LEAHY, and On page 42, line 7, strike ‘‘(5)’’ and insert
National Railroad Passenger Corporation Mr. SANDERS) to the bill H.R. 1319, to ‘‘(4)’’.
revenues. On page 57, between lines 20 and 21, insert
provide for reconciliation pursuant to the following:
(e) PROJECT MANAGEMENT OVERSIGHT.—Not title II of S. Con. Res. 5; which was or-
more than $2,000,000 of the amounts made SEC. 2014. FUNDING FOR THE INDIVIDUALS WITH
available under subsection (a) shall be for ac- dered to lie on the table; as follows: DISABILITIES EDUCATION ACT.
tivities authorized under section 11101(c) of Strike sections 2021, 2022, and 2023 and in- (a) AMOUNTS FOR IDEA.—There is appro-
the FAST Act (Public Law 114–94). sert the following: priated to the Secretary of Education for fis-
SEC. 7101A. COAST GUARD PROCUREMENT OF SEC. 2021. ADDITIONAL RELIEF FUNDS FOR ELE- cal year 2021, out of any money in the Treas-
HC–130J AIRCRAFT. MENTARY AND SECONDARY ury not otherwise appropriated—
SCHOOLS. (1) $2,580,000,000 for grants to States under
In addition to amounts otherwise avail-
In addition to amounts otherwise available part B of the Individuals with Disabilities
able, there is appropriated to the Secretary
through the Education Stabilization Fund, Education Act;
of Homeland Security for fiscal year 2021,
there is appropriated to the Department of (2) $200,000,000 for preschool grants under
out of any money in the Treasury not other-
Education for fiscal year 2021, out of any section 619 of the Individuals with Disabil-
wise appropriated, $970,388,160, to remain
money in the Treasury not otherwise appro- ities Education Act; and
available until September 30, 2024, for the
priated, $470,000,000, to remain available (3) $250,000,000 for programs for infants and
procurement of HC–130J aircraft for the
through September 30, 2023, for the Elemen- toddlers with disabilities under part C of the
Coast Guard.
tary and Secondary School Emergency Re- Individuals with Disabilities Education Act.
SA 1396. Mr. HAGERTY submitted an lief Fund in Section 2001. (b) GENERAL PROVISIONS.—Any amount ap-
amendment intended to be proposed to propriated under subsection (a) is in addition
SA 1398. Mr. SCHUMER proposed an to other amounts appropriated or made
amendment SA 891 proposed by Mr. amendment to amendment SA 891 pro- available for the applicable purpose.
SCHUMER (for himself, Mr. WYDEN, Mrs. posed by Mr. SCHUMER (for himself, Mr. On page 62, between lines 20 and 21, insert
MURRAY, Mr. BROWN, Mr. PETERS, Mr. WYDEN, Mrs. MURRAY, Mr. BROWN, Mr. the following:
CARDIN, Ms. CANTWELL, Ms. STABENOW, PETERS, Mr. CARDIN, Ms. CANTWELL, (c) SUPPLEMENT NOT SUPPLANT.—Amounts
Mr. TESTER, Mr. MENENDEZ, Mr. Ms. STABENOW, Mr. TESTER, Mr. made available to carry out this section
SCHATZ, Mr. CARPER, Mr. LEAHY, and shall be used to supplement and not supplant
MENENDEZ, Mr. SCHATZ, Mr. CARPER,
Mr. SANDERS) to the bill H.R. 1319, to other Federal, State, and local public funds
Mr. LEAHY, and Mr. SANDERS) to the expended to provide child care services for
provide for reconciliation pursuant to bill H.R. 1319, to provide for reconcili- eligible individuals.
title II of S. Con. Res. 5; which was or- ation pursuant to title II of S. Con. On page 81, lines 19 and 20, strike ‘‘use
dered to lie on the table; as follows: Res. 5; as follows: amounts described in subsection (a) to’’ and
Beginning on page 107, strike line 9 and all On page 17, line 25, strike ‘‘(a)—’’ and in- insert ‘‘, out of amounts described in sub-
that follows through page 109, line 23 and in- sert ‘‘(a) for purposes described in this sub- section (a) to’’.
sert the following: section by—’’. Beginning on page 110, strike line 3 and all
SEC. 2710. FUNDING FOR YOUTH SUICIDE PRE- On page 18, line 1, strike ‘‘(1) to’’ and insert tht follows through page 113, line 16, and in-
VENTION. ‘‘(1) using not less than 5 percent of the total sert the following:
In addition to amounts otherwise avail- amount of funding provided under subsection SEC. 2901. ADDITIONAL ENHANCED BENEFITS
able, there is appropriated to the Secretary (a) to’’. UNDER THE RAILROAD UNEMPLOY-
for fiscal year 2021, out of any money in the On page 18, line 9, strike ‘‘(2) to’’ and insert MENT INSURANCE ACT.
Treasury not otherwise appropriated, ‘‘(2) using not less than 5 percent of the total (a) IN GENERAL.—Section 2(a)(5)(A) of the
$40,000,000, to remain available until ex- amount of funding provided under subsection Railroad Unemployment Insurance Act (45
pended, for carrying out sections 520E and (a) to’’. U.S.C. 352(a)(5)(A)) is amended—
520E–2 of the Public Health Service Act (42 On page 18, line 14, strike ‘‘(3) to support’’ (1) in the first sentence—
U.S.C. 290bb–36, 290bb–36b). and insert ‘‘(3) using not less than 0.5 percent (A) by striking ‘‘March 14, 2021’’ and insert-
SEC. 2711. FUNDING FOR BEHAVIORAL HEALTH of the total amount of funding provided ing ‘‘September 6, 2021’’;
WORKFORCE EDUCATION AND under subsection (a) to fund’’. (B) by striking ‘‘or July 1, 2020’’ and insert-
TRAINING. On page 18, lines 17 and 18, strike ‘‘, using ing ‘‘July 1, 2020, or July 1, 2021’’; and
In addition to amounts otherwise avail- $5,000,000 of the amount made available pur- (2) in the fourth sentence, by striking
able, there is appropriated to the Secretary suant to subsection (a)’’. ‘‘March 14, 2021’’ and inserting ‘‘September 6,
for fiscal year 2021, out of any money in the On page 18, line 19, strike ‘‘(4) to’’ and in-
2021’’.
Treasury not otherwise appropriated, sert ‘‘(4) using not less than 5 percent of the (b) CLARIFICATION ON AUTHORITY TO USE
$100,000,000, to remain available until ex- total amount of funding provided under sub- FUNDS.—Funds appropriated under subpara-
pended, for carrying out section 756 of the section (a) to’’. graph (B) of section 2(a)(5) of the Railroad
On page 18, line 22, strike ‘‘at—’’ and insert
Public Health Service Act (42 U.S.C. 294e–1). Unemployment Insurance Act (45 U.S.C.
‘‘by—’’.
SEC. 2712. FUNDING FOR PEDIATRIC MENTAL On page 18, line 23, insert ‘‘using not less 352(a)(5)) shall be available to cover the cost
HEALTH CARE ACCESS. of recovery benefits provided under such sec-
than 1 percent of the total amount of fund-
In addition to amounts otherwise avail- ing provided under subsection (a) at’’ after tion 2(a)(5) by reason of the amendments
able, there is appropriated to the Secretary ‘‘(A)’’. made by subsection (a) as well as to cover
for fiscal year 2021, out of any money in the On page 19, line 3, insert ‘‘using not less the cost of such benefits provided under such
Treasury not otherwise appropriated, than 1 percent of the total amount of fund- section 2(a)(5) as in effect on the day before
$80,000,000, to remain available until ex- ing provided under subsection (a) at’’ after the date of enactment of this Act.
pended, for carrying out section 330M of the ‘‘(B)’’. SEC. 2902. EXTENDED UNEMPLOYMENT BENE-
Public Health Service Act (42 U.S.C. 254c–19). On page 19, line 7, insert ‘‘using not less FITS UNDER THE RAILROAD UNEM-
SEC. 2713. FUNDING FOR EXPANSION GRANTS PLOYMENT INSURANCE ACT.
than 1 percent of the total amount of fund-
FOR CERTIFIED COMMUNITY BE- ing provided under subsection (a) at’’ after (a) IN GENERAL.—Section 2(c)(2)(D) of the
HAVIORAL HEALTH CLINICS. Railroad Unemployment Insurance Act (45
‘‘(C)’’.
In addition to amounts otherwise avail- On page 19, line 13, insert ‘‘using not less U.S.C. 352(c)(2)(D)) is amended—
able, there is appropriated to the Secretary, than 1 percent of the total amount of fund- (1) in clause (i)—
acting through the Assistant Secretary for ing provided under subsection (a) at’’ after (A) in subclause (I), by striking ‘‘185 days’’
Mental Health and Substance Use, for fiscal ‘‘(D)’’. and inserting ‘‘330 days’’;
year 2021, out of any money in the Treasury On page 19, line 18, insert ‘‘using not less (B) in subclause (II),
ctelli on DSK11ZRN23PROD with SENATE
not otherwise appropriated, $420,000,000, to than 1 percent of the total amount of fund- (i) by striking ‘‘19 consecutive 14-day peri-
remain available until expended, for grants ing provided under subsection (a) at’’ after ods’’ and inserting ‘‘33 consecutive 14-day pe-
to communities and community organiza- ‘‘(E)’’. riods’’; and
tions that meet the criteria for Certified On page 19, line 24, strike ‘‘(5) to’’ and in- (ii) by striking ‘‘6 consecutive 14-day peri-
Community Behavioral Health Clinics pursu- sert ‘‘using not less than 5 percent of the ods’’ and inserting ‘‘20 consecutive 14-day pe-
ant to section 223(a) of the Protecting Access total amount of funding provided under sub- riods’’;
to Medicare Act of 2014 (42 U.S.C. 1396a note). section (a) to’’. (2) in clause (ii)—
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S1402 CONGRESSIONAL RECORD — SENATE March 5, 2021
(A) by striking ‘‘120 days of unemploy- Beginning on page 175, strike line 13 and On page 212, line 19, strike ‘‘$20,000,000,000’’
ment’’ and inserting ‘‘265 days of unemploy- all that follows through page 176, line 3. and insert ‘‘$23,600,000,000’’.
ment’’; On page 194, after line 25, add the fol- On page 230 strike: to identify and des-
(B) by striking ‘‘12 consecutive 14-day peri- lowing: ignate wildlife species, or larger taxonomic
ods’’ and inserting ‘‘27 consecutive 14-day pe- SEC. 4015. ELIGIBILITY FOR WORKERS’ COM- groups of species, as injurous under such pro-
riods’’; and PENSATION BENEFITS FOR FED- visions if they transmit a pathogen that
ERAL EMPLOYEES DIAGNOSED WITH could potentially pose a risk to human
(C) by striking ‘‘6 consecutive 14-day peri-
COVID–19.
ods’’ and inserting ‘‘20 consecutive 14-day pe- health and develop regulations to develop a
(a) IN GENERAL.—Subject to subsection (c), process to make emergency listings for inju-
riods’’;
a covered employee shall, with respect to
(3) in clause (iii)— ries species.
any claim made by or on behalf of the cov- On page 360, line 3, insert ‘‘or any similar
(A) by striking ‘‘June 30, 2021’’ and insert- ered employee for benefits under subchapter
ing ‘‘June 30, 2022’’; and authority permitting offset’’ before ‘‘, or’’.
I of chapter 81 of title 5, United States Code, On page 371, line 12, insert ‘‘or any similar
(B) by striking ‘‘the provisions of clauses be deemed to have an injury proximately
(i) and (ii) shall not apply to any employee authority permitting offset’’ before ‘‘, or’’.
caused by exposure to the novel coronavirus On page 428, line 24, strike
whose extended benefit period under sub- arising out of the nature of the covered em-
paragraph (B) begins after March 14, 2021, ‘‘3132(e)(2)(A)(iii)’’ and insert
ployee’s employment. Such covered em- ‘‘3131(e)(2)(A)(iii)’’.
and shall not apply to any employee with re- ployee, or a beneficiary of such an employee,
spect to any registration period beginning On page 429, line 20, strike
shall be entitled to such benefits for such ‘‘3132(e)(3)(A)(iii)’’ and insert
after April 5, 2021.’’ and inserting ‘‘the provi- claim, including disability compensation,
sions of clauses (i) and (ii) shall not apply to ‘‘3131(e)(3)(A)(iii)’’.
medical services, and survivor benefits. On page 459, lines 12 and 13, strike ‘‘such
any employee with respect to any registra- (b) DEFINITIONS.—In this section: quarter’’ and insert ‘‘the calendar quarter
tion period beginning after September 6, (1) COVERED EMPLOYEE.— for which the credit is determined under sub-
2021.’’; and (A) IN GENERAL.—The term ‘‘covered em- section (a)’’.
(4) in clause (v), by adding at the end the ployee’’ means an individual— On page 459, line 14, insert ‘‘calendar’’ be-
following: ‘‘In addition to the amount appro- (i) who is an employee under section 8101(1) fore ‘‘quarter’’.
priated by the preceding two sentences, out of title 5, United States Code, employed in Beginning on page 532, strike like 14 and
of any funds in the Treasury not otherwise the Federal service at anytime during the all that follows through page 535, line 7 and
appropriated, there are appropriated period beginning on January 27, 2020, and insert the following:
$2,000,000 to cover the cost of additional ex- ending on January 27, 2023; SEC. 9801. CHILD CARE ASSISTANCE.
tended unemployment benefits provided (ii) who is diagnosed with COVID–19 during (a) APPROPRIATION.—
under this subparagraph, to remain available such period; and (1) IN GENERAL.—Section 418(a)(3) of the So-
until expended.’’. (iii) who, during a covered exposure period
cial Security Act (42 U.S.C. 618(a)(3)) is
(b) CLARIFICATION ON AUTHORITY TO USE prior to such diagnosis, carries out duties
amended to read as follows:
FUNDS.—Funds appropriated under the first, that—
‘‘(3) APPROPRIATION.—For grants under this
second, or third sentence of clause (v) of sec- (I) require contact with patients, members
section, there are appropriated $3,550,000,000
tion 2(c)(2)(D) of the Railroad Unemploy- of the public, or co-workers; or
for each fiscal year, of which—
ment Insurance Act shall be available to (II) include a risk of exposure to the novel
cover the cost of additional extended unem- ‘‘(A) $3,375,000,000 shall be available for
coronavirus.
ployment benefits provided under such sec- grants to States;
(B) TELEWORKING EXCEPTION.—The term
tion 2(c)(2)(D) by reason of the amendments ‘‘(B) $100,000,000 shall be available for
‘‘covered employee’’ does not include any
made by subsection (a) as well as to cover employee otherwise covered by subparagraph grants to Indian tribes and tribal organiza-
the cost of such benefits provided under such (A) who is exclusively teleworking during a tions; and
section 2(c)(2)(D) as in effect on the day be- covered exposure period, regardless of wheth- ‘‘(C) $75,000,000 shall be available for grants
fore the date of enactment of this Act. er such employment is full time or part to territories.’’.
(2) CONFORMING AMENDMENT.—Section
SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY time.
WAITING PERIOD FOR BENEFITS (2) COVERED EXPOSURE PERIOD.—The term 418(a)(2)(A) of such Act (42 U.S.C. 618(a)(2)(A))
UNDER THE RAILROAD UNEMPLOY- ‘‘covered exposure period’’ means, with re- is amended by striking ‘‘paragraph (3), and
MENT INSURANCE ACT. spect to a diagnosis of COVID–19, the period remaining after the reservation described in
(a) IN GENERAL.—Section 2112(a) of the beginning on a date to be determined by the paragraph (4) and’’ and inserting ‘‘paragraph
CARES Act (15 U.S.C. 9030(a)) is amended by Secretary of Labor. (3)(A),’’.
striking ‘‘March 14, 2021’’ and inserting ‘‘Sep- (3) NOVEL CORONAVIRUS.—The term ‘‘novel (b) MODIFICATION OF STATE MATCH RE-
tember 6, 2021’’. QUIREMENT FOR FUNDING INCREASES IN FISCAL
coronavirus’’ means SARS–CoV–2 or another
(b) CLARIFICATION ON AUTHORITY TO USE coronavirus declared to be a pandemic by YEARS 2021 AND 2022.—With respect to the
FUNDS.—Funds appropriated under section public health authorities. amounts made available by section 418(a)(3)
2112(c) of the CARES Act (15 U.S.C. 9030(c)) (c) LIMITATION.— of the Social Security Act for each of fiscal
shall be available to cover the cost of addi- (1) DETERMINATIONS MADE ON OR BEFORE years 2021 and 2022, section 418(a)(2)(C) of
tional benefits payable due to section 2112(a) THE DATE OF ENACTMENT.—This section shall such Act shall be applied and administered
of such Act by reason of the amendments not apply with respect to a covered employee with respect to any State that is entitled to
made by subsection (a) as well as to cover who is determined to be entitled to benefits receive the entire amount that would be al-
the cost of such benefits payable due to such under subchapter I of chapter 81 of title 5, lotted to the State under section 418(a)(2)(B)
section 2112(a) as in effect on the day before United States Code, for a claim described in of such Act for the fiscal year in the manner
the date of enactment of this Act. subsection (a) if such determination is made authorized for fiscal year 2020, as if the Fed-
On page 116, between lines 9 and 10, insert on or before the date of enactment of this eral medical assistance percentage for the
the following: Act. State for the fiscal year were 100 percent.
(c) DEFINITION.—In this section, the term (2) LIMITATION ON DURATION OF BENEFITS.— (c) FUNDING FOR THE TERRITORIES.—Section
‘‘State’’ means each of the 50 States of the No funds are authorized to be appropriated 418(a)(4) of such Act (42 U.S.C. 618(a)(4)) is
United States, the District of Columbia, the to pay, and no benefits may be paid for, amended to read as follows:
Commonwealth of Puerto Rico, American claims approved on the basis of subsection ‘‘(4) TERRITORIES.—
Samoa, Guam, the United States Virgin Is- (a) after September 30, 2030. No administra- ‘‘(A) GRANTS.—The Secretary shall use the
lands, and the Commonwealth of the North- tive costs related to any such claim may be amounts made available by paragraph (3)(C)
ern Mariana Islands. paid after such date. to make grants to the territories under this
On page 121, lines 1 through 3, strike ‘‘not- (d) EMPLOYEES’ COMPENSATION FUND.— paragraph.
withstanding section 304(e) of the Defense (1) IN GENERAL.—The costs of benefits for ‘‘(B) ALLOTMENTS.—The amount described
Production Act of 1950 (50 U.S.C. 4534(e)),’’. claims approved on the basis of subsection in subparagraph (A) shall be allotted among
Beginning on page 166, strike line 16 and (a) shall not be included in the annual state- the territories in proportion to their respec-
all that follows through page 167, line 12. ment of the cost of benefits and other pay- tive needs.
On page 167, line 13, strike ‘‘(f)’’ and insert ‘‘(C) REDISTRIBUTION.—The 1st sentence of
ments of an agency or instrumentality under
‘‘(d)’’. clause (i) and clause (ii) of paragraph (2)(D)
On page 169, line 7, strike ‘‘(g)’’ and insert section 8147(b) of title 5, United States Code.
(2) FAIR SHARE PROVISION.—Costs of admin- shall apply with respect to the amounts al-
‘‘(e)’’.
On page 169, line 18, strike ‘‘(h)’’ and insert istration for claims described in paragraph lotted to the territories under this para-
‘‘(f)’’. (1)— graph, except that the 2nd sentence of para-
ctelli on DSK11ZRN23PROD with SENATE
On page 171, line 18, strike ‘‘(i)’’ and insert (A) may be paid from the Employees’ Com- graph (2)(D) shall not apply and the amounts
‘‘(g)’’. pensation Fund; and allotted to the territories that are available
On page 175, line 7, strike ‘‘that—’’ and in- (B) shall not be subject to the fair share for redistribution for a fiscal year shall be
sert ‘‘that’’. provision in section 8147(c) of title 5, United redistributed to each territory that applies
On page 175, line 8, strike ‘‘(I)’’. States Code. for the additional amounts, to the extent
On page 175, line 12, strike ‘‘costs;’’ and in- On page 212, line 10, strike ‘‘$25,000,000,000’’ that the Secretary determines that the terri-
sert ‘‘costs.’’ and insert ‘‘$28,600,000,000’’. tory will be able to use the additional
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1403
amounts to provide child care assistance, in ‘‘(A) IN GENERAL.—The Secretary shall re- ment under this subsection, the Secretary
an amount that bears the same ratio to the serve $195,300,000,000 of the amount appro- shall make the payment required for the
amount so available for redistribution as the priated under subsection (a)(1) to make pay- State or territory not later than 60 days
amount allotted to the territory for the fis- ments to each of the 50 States and the Dis- after the date on which the certification re-
cal year bears to the total amount allotted trict of Columbia. quired under subsection (d)(1) is provided to
to all the territories receiving redistributed ‘‘(B) ALLOCATIONS.—Of the amount re- the Secretary.
funds under this paragraph for the fiscal served under subparagraph (A)— ‘‘(ii) AUTHORITY TO SPLIT PAYMENT.—
year. ‘‘(i) $25,500,000,000 of such amount shall be ‘‘(I) IN GENERAL.—The Secretary shall have
‘‘(D) INAPPLICABILITY OF PAYMENT LIMITA- allocated by the Secretary equally among the authority to withhold payment of up to
TION.— Section 1108(a) shall not apply with each of the 50 States and the District of Co- 50 percent of the amount allocated to each
respect to any amount paid under this para- lumbia; State and territory (other than payment of
graph. ‘‘(ii) an amount equal to $1,250,000,000 less the amount allocated under paragraph
‘‘(E) TERRITORY.—In this paragraph, the the amount allocated for the District of Co- (3)(B)(ii) to the District of Columbia) for a
term ‘territory’ means the Commonwealth of lumbia pursuant to section 601(c)(6) shall be period of up to 12 months from the date on
Puerto Rico, the United States Virgin Is- allocated by the Secretary as an additional which the State or territory provides the
lands, Guam, American Samoa, and the Com- amount to the District of Columbia; and certification required under subsection
monwealth of the Northern Mariana Is- ‘‘(iii) an amount equal to the remainder of (d)(1). The Secretary shall exercise such au-
lands.’’. the amount reserved under subparagraph (A) thority with respect to a State or territory
On page 558, line 7, strike ‘‘7.35’’ and insert after the application of clauses (i) and (ii) of based on the unemployment rate in the
‘‘10’’. this subparagraph shall be allocated by the State or territory as of such date.
Beginning on page 575, strike line 16 and Secretary as an additional amount to each of ‘‘(II) PAYMENT OF WITHHELD AMOUNT.—Be-
all that follows through page 605, line 25, and the 50 States and the District of Columbia in fore paying to a State or territory the re-
insert the following: an amount which bears the same proportion mainder of an amount allocated to the State
SEC. 9901. CORONAVIRUS STATE AND LOCAL FIS- to such remainder as the average estimated or territory (subject to subclause (III)) that
CAL RECOVERY FUNDS. has been withheld by the Secretary under
number of seasonally-adjusted unemployed
(a) IN GENERAL.—Title VI of the Social Se- subclause (I), the Secretary shall require the
individuals (as measured by the Bureau of
curity Act (42 U.S.C. 801 et seq.) is amended State or territory to submit a second certifi-
Labor Statistics Local Area Unemployment
by adding at the end the following: cation under subsection (d)(1), in addition to
Statistics program) in the State or District
‘‘SEC. 602. CORONAVIRUS STATE FISCAL RECOV- such other information as the Secretary may
ERY FUND.
of Columbia over the 3-month period ending
with December 2020 bears to the average esti- require.
‘‘(a) APPROPRIATION.—In addition to ‘‘(III) RECOVERY OF AMOUNTS SUBJECT TO
amounts otherwise available, there is appro- mated number of seasonally-adjusted unem-
RECOUPMENT.—If a State or territory is re-
priated for fiscal year 2021, out of any money ployed individuals in all of the 50 States and
the District of Columbia over the same pe- quired under subsection (e) to repay funds
in the Treasury not otherwise appropriated— for failing to comply with subsection (c), the
‘‘(1) $219,800,000,000, to remain available riod.
‘‘(C) PAYMENT.— Secretary may reduce the amount otherwise
through December 31, 2024, for making pay- payable to the State or territory under sub-
ments under this section to States, terri- ‘‘(i) IN GENERAL.—Subject to clause (ii), the
clause (II) by the amount that the State or
tories, and Tribal governments to mitigate Secretary shall pay each of the 50 States and
territory would otherwise be required to
the fiscal effects stemming from the public the District of Columbia, from the amount
repay under such subsection (e).
health emergency with respect to the reserved under subparagraph (A), the total of
‘‘(B) TRIBAL GOVERNMENTS.—To the extent
Coronavirus Disease (COVID–19); and the amounts allocated for the State and Dis-
practicable, with respect to each Tribal gov-
‘‘(2) $50,000,000, to remain available until trict of Columbia under subparagraph (B) in
ernment for which an amount is allocated
expended, for the costs of the Secretary for accordance with paragraph (6).
under this subsection, the Secretary shall
administration of the funds established ‘‘(ii) MINIMUM PAYMENT REQUIREMENT.—
make the payment required for the Tribal
under this title. ‘‘(I) IN GENERAL.—The sum of—
government not later than 60 days after the
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— ‘‘(aa) the total amounts allocated for 1 of
date of enactment of this section.
‘‘(1) PAYMENTS TO TERRITORIES.— the 50 States or the District of Columbia ‘‘(C) INITIAL PAYMENT TO DISTRICT OF CO-
‘‘(A) IN GENERAL.—The Secretary shall re- under subparagraph (B) (as determined with- LUMBIA.—The Secretary shall pay the
serve $4,500,000,000 of the amount appro- out regard to this clause); and amount allocated under paragraph (3)(B)(ii)
priated under subsection (a)(1) to make pay- ‘‘(bb) the amounts allocated under section to the District of Columbia not later than 15
ments to the territories. 603 to the State (for distribution by the days after the date of enactment of this sec-
‘‘(B) ALLOCATION.—Of the amount reserved State to nonentitlement units of local gov- tion.
under subparagraph (A)— ernment in the State) and to metropolitan ‘‘(c) REQUIREMENTS.—
‘‘(i) 50 percent of such amount shall be al- cities and counties in the State; ‘‘(1) USE OF FUNDS.—Subject to paragraph
located by the Secretary equally to each ter- shall not be less than the amount allocated (2), and except as provided in paragraph (3),
ritory; and to the State or District of Columbia for fis- a State, territory, or Tribal government
‘‘(ii) 50 percent of such amount shall be al- cal year 2020 under section 601, including any shall only use the funds provided under a
located by the Secretary as an additional amount paid directly to a unit of local gov- payment made under this section, or trans-
amount to each territory in an amount ernment in the State under such section. ferred pursuant to section 603(c)(4), to cover
which bears the same proportion to 1⁄2 of the ‘‘(II) PRO RATA ADJUSTMENT.—The Sec- costs incurred by the State, territory, or
total amount reserved under subparagraph retary shall adjust on a pro rata basis the Tribal government, by December 31, 2024—
(A) as the population of the territory bears amount of the allocations for each of the 50 ‘‘(A) to respond to the public health emer-
to the total population of all such terri- States and the District of Columbia deter- gency with respect to the Coronavirus Dis-
tories. mined under subparagraph (B)(iii) (without ease 2019 (COVID–19) or its negative eco-
‘‘(C) PAYMENT.—The Secretary shall pay regard to this clause) to the extent necessary nomic impacts, including assistance to
each territory the total of the amounts allo- to comply with the requirement of subclause households, small businesses, and nonprofits,
cated for the territory under subparagraph (I). or aid to impacted industries such as tour-
(B) in accordance with paragraph (6). ‘‘(4) PRO RATA ADJUSTMENT AUTHORITY.— ism, travel, and hospitality;
‘‘(2) PAYMENTS TO TRIBAL GOVERNMENTS.— The amounts otherwise determined for allo- ‘‘(B) to respond to workers performing es-
‘‘(A) IN GENERAL.—The Secretary shall re- cation and payment under paragraphs (1), (2), sential work during the COVID–19 public
serve $20,000,000,000 of the amount appro- and (3) may be adjusted by the Secretary on health emergency by providing premium pay
priated under subsection (a)(1) to make pay- a pro rata basis to the extent necessary to to eligible workers of the State, territory, or
ments to Tribal governments. ensure that all available funds are allocated Tribal government that are performing such
‘‘(B) ALLOCATION.—Of the amount reserved to States, territories, and Tribal govern- essential work, or by providing grants to eli-
under subparagraph (A)— ments in accordance with the requirements gible employers that have eligible workers
‘‘(i) $1,000,000,000 shall be allocated by the specified in each such paragraph (as applica- who perform essential work;
Secretary equally among each of the Tribal ble). ‘‘(C) for the provision of government serv-
governments; and ‘‘(5) POPULATION DATA.—For purposes of de- ices to the extent of the reduction in revenue
‘‘(ii) $19,000,000,000 shall be allocated by the termining allocations for a territory under of such State, territory, or Tribal govern-
Secretary to the Tribal governments in a this section, the population of the territory ment due to the COVID–19 public health
manner determined by the Secretary. shall be determined based on the most recent emergency relative to revenues collected in
ctelli on DSK11ZRN23PROD with SENATE
‘‘(C) PAYMENT.— The Secretary shall pay data available from the Bureau of the Cen- the most recent full fiscal year of the State,
each Tribal government the total of the sus. territory, or Tribal government prior to the
amounts allocated for the Tribal government ‘‘(6) TIMING.— emergency; or
under subparagraph (B) in accordance with ‘‘(A) STATES AND TERRITORIES.— ‘‘(D) to make necessary investments in
paragraph (6). ‘‘(i) IN GENERAL.—To the extent prac- water, sewer, or broadband infrastructure.
‘‘(3) PAYMENTS TO EACH OF THE 50 STATES ticable, subject to clause (ii), with respect to ‘‘(2) FURTHER RESTRICTION ON USE OF
AND THE DISTRICT OF COLUMBIA.— each State and territory allocated a pay- FUNDS.—
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S1404 CONGRESSIONAL RECORD — SENATE March 5, 2021
‘‘(A) IN GENERAL.—A State or territory been expended or returned to, or recovered lation of all areas that are non-metropolitan
shall not use the funds provided under this by, the Secretary. cities in all such States.
section or transferred pursuant to section ‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible ‘‘(C) DISTRIBUTION TO NONENTITLEMENT
603(c)(4) to either directly or indirectly offset workers’ means those workers needed to UNITS OF LOCAL GOVERNMENT.—
a reduction in the net tax revenue of such maintain continuity of operations of essen- ‘‘(i) IN GENERAL.—Not later than 30 days
State or territory resulting from a change in tial critical infrastructure sectors and addi- after a State receives a payment under sub-
law, regulation, or administrative interpre- tional sectors as each Governor of a State or paragraph (B), the State shall distribute to
tation during the covered period that re- territory, or each Tribal government, may each nonentitlement unit of local govern-
duces any tax (by providing for a reduction designate as critical to protect the health ment in the State an amount that bears the
in a rate, a rebate, a deduction, a credit, or and well-being of the residents of their same proportion to the amount of such pay-
otherwise) or delays the imposition of any State, territory, or Tribal government. ment as the population of the nonentitle-
tax or tax increase. ‘‘(3) PREMIUM PAY.—The term ‘premium ment unit of local government bears to the
‘‘(B) PENSION FUNDS.—No State or territory pay’ means an amount of up to $13 per hour total population of all the nonentitlement
may use funds made available under this sec- that is paid to an eligible worker, in addition units of local government in the State, sub-
tion for deposit into any pension fund. to wages or remuneration the eligible worker ject to clause (iii).
‘‘(3) TRANSFER AUTHORITY.—A State, terri- otherwise receives, for all work performed by ‘‘(ii) DISTRIBUTION OF FUNDS.—
tory, or Tribal government receiving a pay- the eligible worker during the COVID–19 pub- ‘‘(I) EXTENSION FOR DISTRIBUTION.—If an
ment from funds made available under this lic health emergency. Such amount may not authorized officer of a State required to
section may transfer funds to a private non- exceed $25,000 with respect to any single eli- make distributions under clause (i) certifies
profit organization (as that term is defined gible worker. in writing to the Secretary before the end of
in paragraph (17) of section 401 of the McKin- ‘‘(4) SECRETARY.—The term ‘Secretary’ the 30-day distribution period described in
ney-Vento Homeless Assistance Act (42 means the Secretary of the Treasury. such clause that it would constitute an ex-
U.S.C. 11360(17)), a Tribal organization (as ‘‘(5) STATE.—The term ‘State’ means each cessive administrative burden for the State
that term is defined in section 4 of the In- of the 50 States and the District of Columbia. to meet the terms of such clause with re-
dian Self-Determination and Education As- ‘‘(6) TERRITORY.—The term ‘territory’ spect to 1 or more such distributions, the au-
sistance Act (25 U.S.C. 5304)), a public benefit means the Commonwealth of Puerto Rico, thorized officer may request, and the Sec-
corporation involved in the transportation of the United States Virgin Islands, Guam, the retary shall grant, an extension of such pe-
passengers or cargo, or a special-purpose Commonwealth of the Northern Mariana Is- riod of not more than 30 days to allow the
unit of State or local government. lands, and American Samoa. State to make such distributions in accord-
‘‘(d) CERTIFICATIONS AND REPORTS.— ‘‘(7) TRIBAL GOVERNMENT.—The term ‘Trib- ance with clause (i).
‘‘(1) IN GENERAL.—In order for a State or al Government’ means the recognized gov- ‘‘(II) ADDITIONAL EXTENSIONS.—
erning body of any Indian or Alaska Native ‘‘(aa) IN GENERAL.—If a State has been
territory to receive a payment under this
tribe, band, nation, pueblo, village, commu- granted an extension to the distribution pe-
section, or a transfer of funds under section
nity, component band, or component res- riod under subclause (I) but is unable to
603(c)(4), the State or territory shall provide
ervation, individually identified (including make all the distributions required under
the Secretary with a certification, signed by
parenthetically) in the list published most clause (i) before the end of such period as ex-
an authorized officer of such State or terri-
recently as of the date of enactment of this tended, an authorized officer of the State
tory, that such State or territory requires
Act pursuant to section 104 of the Federally may request an additional extension of the
the payment or transfer to carry out the ac-
Recognized Indian Tribe List Act of 1994 (25 distribution period of not more than 30 days.
tivities specified in subsection (c) of this sec-
U.S.C. 5131). The Secretary may grant a request for an ad-
tion and will use any payment under this ditional extension of such period only if—
section, or transfer of funds under section ‘‘SEC. 603. CORONAVIRUS LOCAL FISCAL RECOV-
ERY FUND. ‘‘(AA) the authorized officer making such
603(c)(4), in compliance with subsection (c) of request provides a written plan to the Sec-
‘‘(a) APPROPRIATION.—In addition to
this section. retary specifying, for each distribution for
amounts otherwise available, there is appro-
‘‘(2) REPORTING.—Any State, territory, or which an additional extension is requested,
priated for fiscal year 2021, out of any money
Tribal government receiving a payment when the State expects to make such dis-
in the Treasury not otherwise appropriated,
under this section shall provide to the Sec- tribution and the actions the State has
$130,200,000,000, to remain available through
retary periodic reports providing a detailed December 31, 2024, for making payments taken and will take in order to make all
accounting of— under this section to metropolitan cities, such distributions before the end of the dis-
‘‘(A) the uses of funds by such State, terri- nonentitlement units of local government, tribution period (as extended under sub-
tory, or Tribal government, including, in the and counties to mitigate the fiscal effects clause (I) and this subclause); and
case of a State or a territory, all modifica- stemming from the public health emergency ‘‘(BB) the Secretary determines that such
tions to the State’s or territory’s tax rev- with respect to the Coronavirus Disease plan is reasonably designed to distribute all
enue sources during the covered period; and (COVID–19). such funds to nonentitlement units of local
‘‘(B) such other information as the Sec- ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— government by the end of the distribution
retary may require for the administration of ‘‘(1) METROPOLITAN CITIES.— period (as so extended).
this section. ‘‘(A) IN GENERAL.—Of the amount appro- ‘‘(bb) FURTHER ADDITIONAL EXTENSIONS.—If
‘‘(e) RECOUPMENT.—Any State, territory, or priated under subsection (a), the Secretary a State granted an additional extension of
Tribal government that has failed to comply shall reserve $45,570,000,000 to make pay- the distribution period under item (aa) re-
with subsection (c) shall be required to repay ments to metropolitan cities. quires any further additional extensions of
to the Secretary an amount equal to the ‘‘(B) ALLOCATION AND PAYMENT.—From the such period, the request only may be made
amount of funds used in violation of such amount reserved under subparagraph (A), the and granted subject to the requirements
subsection, provided that, in the case of a Secretary shall allocate and, in accordance specified in item (aa).
violation of subsection (c)(2)(A), the amount with paragraph (7), pay to each metropolitan ‘‘(iii) CAPPED AMOUNT.—The total amount
the State or territory shall be required to city an amount determined for the metro- distributed to a nonentitlement unit of local
repay shall be lesser of— politan city consistent with the formula government under this paragraph may not
‘‘(1) the amount of the applicable reduction under section 106(b) of the Housing and Com- exceed the amount equal to 75 percent of the
to net tax revenue attributable to such vio- munity Development Act of 1974 (42 U.S.C. most recent budget for the nonentitlement
lation; and 5306(b)), except that, in applying such for- unit of local government as of January 27,
‘‘(2) the amount of funds received by such mula, the Secretary shall substitute ‘all 2020.
State or territory pursuant to a payment metropolitan cities’ for ‘all metropolitan ‘‘(iv) RETURN OF EXCESS AMOUNTS.—Any
made under this section or a transfer made areas’ each place it appears. amounts not distributed to a nonentitlement
under section 603(c)(4). ‘‘(2) NONENTITLEMENT UNITS OF LOCAL GOV- unit of local government as a result of the
‘‘(f) REGULATIONS.—The Secretary shall ERNMENT.— application of clause (iii) shall be returned
have the authority to issue such regulations ‘‘(A) IN GENERAL.—Of the amount appro- to the Secretary.
as may be necessary or appropriate to carry priated under subsection (a), the Secretary ‘‘(D) PENALTY FOR NONCOMPLIANCE.—If, by
out this section. shall reserve $19,530,000,000 to make pay- the end of the 120-day period that begins on
‘‘(g) DEFINITIONS.—In this section: ments to States for distribution by the State the date a State receives a payment from the
‘‘(1) COVERED PERIOD.—The term ‘covered to nonentitlement units of local government amount allocated under subparagraph (B) or,
period’ means, with respect to a State, terri- in the State. if later, the last day of the distribution pe-
tory, or Tribal government, the period that— ‘‘(B) ALLOCATION AND PAYMENT.—From the riod for the State (as extended with respect
ctelli on DSK11ZRN23PROD with SENATE
‘‘(A) begins on March 3, 2021; and amount reserved under subparagraph (A), the to the State under subparagraph (C)(ii)),
‘‘(B) ends on the last day of the fiscal year Secretary shall allocate and, in accordance such State has failed to make all the dis-
of such State, territory, or Tribal govern- with paragraph (7), pay to each State an tributions from such payment in accordance
ment in which all funds received by the amount which bears the same proportion to with the terms of subparagraph (C) (includ-
State, territory, or Tribal government from such reserved amount as the total popu- ing any extensions of the distribution period
a payment made under this section or a lation of all areas that are non-metropolitan granted in accordance with such subpara-
transfer made under section 603(c)(4) have cities in the State bears to the total popu- graph), an amount equal to the amount of
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March 5, 2021 CONGRESSIONAL RECORD — SENATE S1405
such payment that remains undistributed as ‘‘(B) SECOND TRANCHE AMOUNT.—The Sec- Secretary an amount equal to the amount of
of such date shall be booked as a debt of such retary shall pay to each metropolitan city funds used in violation of such subsection.
State owed to the Federal Government, shall for which an amount is allocated under para- ‘‘(f) REGULATIONS.—The Secretary shall
be paid back from the State’s allocation pro- graph (1), each State for which an amount is have the authority to issue such regulations
vided under section 602(b)(3)(B)(iii), and shall allocated under paragraph (2) for distribu- as may be necessary or appropriate to carry
be deposited into the general fund of the tion to nonentitlement units of local govern- out this section.
Treasury. ment, and each county for which an amount ‘‘(g) DEFINITIONS.—In this section:
‘‘(3) COUNTIES.— is allocated under paragraph (3), the Second ‘‘(1) COUNTY.—The term ‘county’ means a
‘‘(A) AMOUNT.—From the amount appro- Tranche Amount for such city, State, or county, parish, or other equivalent county
priated under subsection (a), the Secretary county not earlier than 12 months after the division (as defined by the Bureau of the
shall reserve and allocate $65,100,000,000 of date on which the First Tranche Amount is Census).
such amount to make payments directly to paid to the city, State, or county. ‘‘(2) ELIGIBLE WORKERS.—The term ‘eligible
counties in an amount which bears the same ‘‘(c) REQUIREMENTS.— workers’ means those workers needed to
proportion to the total amount reserved ‘‘(1) USE OF FUNDS.—Subject to paragraph maintain continuity of operations of essen-
under this paragraph as the population of (2), and except as provided in paragraphs (3) tial critical infrastructure sectors and addi-
each such county bears to the total popu- and (4), a metropolitan city, nonentitlement tional sectors as each chief executive officer
lation of all such entities and shall pay such unit of local government, or county shall of a metropolitan city, nonentitlement unit
allocated amounts to such counties in ac- only use the funds provided under a payment of local government, or county may des-
cordance with paragraph (7). made under this section to cover costs in- ignate as critical to protect the health and
‘‘(B) SPECIAL RULES.— curred by the metropolitan city, nonentitle- well-being of the residents of their metro-
‘‘(i) URBAN COUNTIES.—No county that is an ment unit of local government, or county, by politan city, nonentitlement unit of local
‘urban county’ (as defined in section 102 of December 31, 2024— government, or county.
the Housing and Community Development ‘‘(A) to respond to the public health emer- ‘‘(3) FIRST TRANCHE AMOUNT.—The term
Act of 1974 (42 U.S.C. 5302)) shall receive less gency with respect to the Coronavirus Dis- ‘First Tranche Amount’ means, with respect
than the amount the county would otherwise ease 2019 (COVID–19) or its negative eco- to each metropolitan city for which an
receive if the amount paid under this para- nomic impacts, including assistance to amount is allocated under subsection (b)(1),
graph were allocated to metropolitan cities households, small businesses, and nonprofits, each State for which an amount is allocated
and urban counties under section 106(b) of or aid to impacted industries such as tour- under subsection (b)(2) for distribution to
the Housing and Community Development ism, travel, and hospitality; nonentitlement units of local government,
Act of 1974 (42 U.S.C. 5306(b)). ‘‘(B) to respond to workers performing es- and each county for which an amount is allo-
‘‘(ii) COUNTIES THAT ARE NOT UNITS OF GEN- sential work during the COVID–19 public cated under subsection (b)(3), 50 percent of
ERAL LOCAL GOVERNMENT.—In the case of an health emergency by providing premium pay the amount so allocated to such metropoli-
amount to be paid to a county that is not a to eligible workers of the metropolitan city, tan city, State, or county (as applicable).
unit of general local government, the nonentitlement unit of local government, or ‘‘(4) METROPOLITAN CITY.—The term ‘met-
amount shall instead be paid to the State in county that are performing such essential ropolitan city’ has the meaning given that
which such county is located, and such State work, or by providing grants to eligible em- term in section 102(a)(4) of the Housing and
shall distribute such amount to each unit of ployers that have eligible workers who per- Community Development Act of 1974 (42
general local government within such county form essential work; U.S.C. 5302(a)(4)) and includes cities that re-
in an amount that bears the same proportion ‘‘(C) for the provision of government serv-
to the amount to be paid to such county as linquish or defer their status as a metropoli-
ices to the extent of the reduction in revenue tan city for purposes of receiving allocations
the population of such units of general local of such metropolitan city, nonentitlement
government bears to the total population of under section 106 of such Act (42 U.S.C. 5306)
unit of local government, or county due to for fiscal year 2021.
such county. the COVID–19 public health emergency rel-
‘‘(iii) DISTRICT OF COLUMBIA.—For purposes ‘‘(5) NONENTITLEMENT UNIT OF LOCAL GOV-
ative to revenues collected in the most re- ERNMENT.—The term ‘nonentitlement unit of
of this paragraph, the District of Columbia cent full fiscal year of the metropolitan city,
shall be considered to consist of a single local government’ means a ‘city’, as that
nonentitlement unit of local government, or term is defined in section 102(a)(5) of the
county that is a unit of general local govern- county prior to the emergency; or
ment. Housing and Community Development Act of
‘‘(D) to make necessary investments in 1974 (42 U.S.C. 5302(a)(5))), that is not a met-
‘‘(4) CONSOLIDATED GOVERNMENTS.—A unit water, sewer, or broadband infrastructure.
of general local government that has formed ropolitan city.
‘‘(2) PENSION FUNDS.—No metropolitan ‘‘(6) PREMIUM PAY.—The term ‘premium
a consolidated government, or that is geo- city, nonentitlement unit of local govern-
graphically contained (in full or in part) pay’ has the meaning given such term in sec-
ment, or county may use funds made avail- tion 602(g).
within the boundaries of another unit of gen- able under this section for deposit into any
eral local government may receive a dis- ‘‘(7) SECOND TRANCHE AMOUNT.—The term
pension fund. ‘Second Tranche Amount’ means, with re-
tribution under each of paragraphs (1), (2),
‘‘(3) TRANSFER AUTHORITY.—A metropolitan spect to each metropolitan city for which an
and (3), as applicable, based on the respective
city, nonentitlement unit of local govern- amount is allocated under subsection (b)(1),
formulas specified in such paragraphs.
ment, or county receiving a payment from each State for which an amount is allocated
‘‘(5) PRO RATA ADJUSTMENT AUTHORITY.—
funds made available under this section may under subsection (b)(2) for distribution to
The amounts otherwise determined for allo-
transfer funds to a private nonprofit organi- nonentitlement units of local government,
cation and payment under paragraphs (1), (2),
zation (as that term is defined in paragraph and each county for which an amount is allo-
and (3) may be adjusted by the Secretary on
(17) of section 401 of the McKinney-Vento cated under subsection (b)(3), an amount not
a pro rata basis to the extent necessary to
Homeless Assistance Act (42 U.S.C. 11360(17)), to exceed 50 percent of the amount so allo-
ensure that all available funds are distrib-
a public benefit corporation involved in the cated to such metropolitan city, State, or
uted to metropolitan cities, counties, and
transportation of passengers or cargo, or a county (as applicable).
States in accordance with the requirements
special-purpose unit of State or local govern- ‘‘(8) SECRETARY.—The term ‘Secretary’
specified in each paragraph (as applicable)
ment. means the Secretary of the Treasury.
and the certification requirement specified
‘‘(4) TRANSFERS TO STATES.—Notwith- ‘‘(9) STATE.—The term ‘State’ means each
in subsection (d).
standing paragraph (1), a metropolitan city, of the 50 States, the District of Columbia,
‘‘(6) POPULATION.—For purposes of deter-
nonentitlement unit of local government, or the Commonwealth of Puerto Rico, the
mining allocations under this section, the
county receiving a payment from funds made United States Virgin Islands, Guam, the
population of an entity shall be determined
available under this section may transfer Commonwealth of the Northern Mariana Is-
based on the most recent data are available
such funds to the State in which such entity lands, and American Samoa.
from the Bureau of the Census or, if not
is located. ‘‘(10) UNIT OF GENERAL LOCAL GOVERN-
available, from such other data as a State ‘‘(d) REPORTING.—Any metropolitan city,
determines appropriate. MENT.—The term ‘unit of general local gov-
nonentitlement unit of local government, or ernment’ has the meaning given that term in
‘‘(7) TIMING.— county receiving funds provided under a pay-
‘‘(A) FIRST TRANCHE AMOUNT.—To the ex- section 102(a)(1) of the Housing and Commu-
ment made under this section shall provide
tent practicable, with respect to each metro- nity Development Act of 1974 (42 U.S.C.
to the Secretary periodic reports providing a
politan city for which an amount is allocated 5302(a)(1)).
detailed accounting of the uses of such funds
under paragraph (1), each State for which an by such metropolitan city, nonentitlement ‘‘SEC. 604. CORONAVIRUS CAPITAL PROJECTS
amount is allocated under paragraph (2) for FUND.
unit of local government, or county and in-
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distribution to nonentitlement units of local cluding such other information as the Sec- ‘‘(a) APPROPRIATION.—In addition to
government, and each county for which an retary may require for the administration of amounts otherwise available, there is appro-
amount is allocated under paragraph (3), the this section. priated for fiscal year 2021, out of any money
Secretary shall pay from such allocation the ‘‘(e) RECOUPMENT.—Any metropolitan city, in the Treasury not otherwise appropriated,
First Tranche Amount for such city, State, nonentitlement unit of local government, or $10,000,000,000, to remain available until ex-
or county not later than 60 days after the county that has failed to comply with sub- pended, for making payments to States, ter-
date of enactment of this section. section (c) shall be required to repay to the ritories, and Tribal governments to carry
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S1406 CONGRESSIONAL RECORD — SENATE March 5, 2021
out critical capital projects directly ena- ‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHAR- ‘‘FUND’’ and inserting ‘‘, FISCAL RECOV-
bling work, education, and health moni- ING COUNTIES.—For each of fiscal years 2022 ERY, AND CRITICAL CAPITAL PROJECTS
toring, including remote options, in response and 2023, the Secretary shall reserve FUNDS’’.
to the public health emergency with respect $750,000,000 of the total amount appropriated On page 606, strike lines 17 through 22.
to the Coronavirus Disease (COVID–19). under subsection (a) to allocate and pay to On page 606, line 23, strike ‘‘(c)’’ and insert
‘‘(b) PAYMENTS.— each eligible revenue sharing county in ‘‘(b)’’.
‘‘(1) MINIMUM AMOUNTS.—From the amount amounts that are determined by the Sec- On page 607, line 21, strike ‘‘(d)’’ and insert
appropriated under subsection (a)— retary taking into account economic condi- ‘‘(c)’’.
‘‘(A) the Secretary shall pay $100,000,000 to tions of each eligible revenue sharing coun- On page 608, line 2, strike ‘‘(e)’’ and insert
each State; ty, using measurements of poverty rates, ‘‘(d)’’.
household income, land values, and unem- On page 608, line 6, strike ‘‘(f)’’ and insert
‘‘(B) the Secretary shall pay $100,000,000 of
ployment rates as well as other economic in- ‘‘(e)’’.
such amount in equal shares to the United
On page 608, line 14, strike ‘‘1866(j), includ-
States Virgin Islands, Guam, American dicators, over the 20-year period ending with
ing’’ and insert ‘‘1866(j) (including’’.
Samoa, the Commonwealth of the Northern September 30, 2021. On page 608, line 16, strike ‘‘period’’ and in-
Mariana Islands, the Republic of the Mar- ‘‘(2) PAYMENTS TO ELIGIBLE TRIBAL GOVERN- sert ‘‘period)’’.
shall Islands, the Federated States of Micro- MENTS.—For each of fiscal years 2022 and On page 608, strike lines 20 through 22 and
nesia, and the Republic of Palau; and 2023, the Secretary shall reserve $250,000,000 insert the following:
‘‘(C) the Secretary shall pay $100,000,000 of of the total amount appropriated under sub- ‘‘(iii) is a rural provider or supplier; or
such amount in equal shares to Tribal gov- section (a) to allocate and pay to eligible On page 609, strike line 13 and insert the
ernments and the State of Hawaii (in addi- Tribal governments in amounts that are de- following:
tion to the amount paid to the State of Ha- termined by the Secretary taking into ac- ‘‘(iii) is a rural provider or supplier.
waii under subparagraph (A)), of which— count economic conditions of each eligible On page 609, line 23, strike ‘‘training, in-
‘‘(i) not less than $50,000 shall be paid to Tribe. cluding’’ and insert ‘‘training (including’’.
each Tribal government; and ‘‘(c) USE OF PAYMENTS.—An eligible rev- On page 609, line 24, strike ‘‘both’’ and in-
‘‘(ii) not less than $50,000, and not more enue sharing county or an eligible Tribal sert ‘‘both)’’.
than $200,000, shall be paid to the State of government may use funds provided under a On page 610, strike lines 17 through 22 and
Hawaii for the exclusive use of the Depart- payment made under this section for any insert the following:
ment of Hawaiian Home Lands and the Na- governmental purpose other than a lobbying ‘‘(5) RURAL PROVIDER OR SUPPLIER.—The
tive Hawaiian Education Programs to assist activity. term ‘rural provider or supplier’ means—
Native Hawaiians in accordance with this ‘‘(d) REPORTING REQUIREMENT.—Any eligi- ‘‘(A) a—
section. ble revenue sharing county receiving a pay- ‘‘(i) provider or supplier located in a rural
‘‘(2) REMAINING AMOUNTS.— ment under this section shall provide to the area (as defined in section 1886(d)(2)(D)); or
‘‘(A) IN GENERAL.—From the amount of the Secretary periodic reports providing a de- ‘‘(ii) provider treated as located in a rural
appropriation under subsection (a) that re- tailed accounting of the uses of fund by such area pursuant to section 1886(d)(8)(E);
mains after the application of paragraph (1), eligible revenue sharing county and such ‘‘(B) a provider or supplier located in any
the Secretary shall make payments to other information as the Secretary may re- other area that serves rural patients (as de-
States based on population such that— quire for the administration of this section. fined by the Secretary), which may include,
‘‘(e) RECOUPMENT.—Any eligible revenue
‘‘(i) 50 percent of such amount shall be al- but is not required to include, a metropoli-
sharing county that has failed to submit a
located among the States based on the pro- tan statistical area with a population of less
report required under subsection (d) or failed
portion that the population of each State than 500,000 (determined based on the most
to comply with subsection (c), shall be re-
bears to the population of all States; recently available data);
quired to repay to the Secretary an amount
‘‘(ii) 25 percent of such amount shall be al- ‘‘(C) a rural health clinic (as defined in sec-
equal to—
located among the States based on the pro- tion 1861(aa)(2));
‘‘(1) in the case of a failure to comply with
portion that the number of individuals living ‘‘(D) a provider or supplier that furnishes
subsection(c), the amount of funds used in
in rural areas in each State bears to the home health, hospice, or long-term services
violation of such subsection; and
number of individuals living in rural areas in and supports in an individual’s home located
‘‘(2) in the case of a failure to submit a re-
all States; and in a rural area (as defined in section
port required under subsection (d), such
‘‘(iii) 25 percent of such amount shall be al- 1886(d)(2)(D)); or
amount as the Secretary determines appro-
located among the States based on the pro- ‘‘(E) any other rural provider or supplier
priate, but not to exceed 5 percent of the
portion that the number of individuals with (as defined by the Secretary).’’.
amount paid to the eligible revenue sharing
a household income that is below 150 percent In the table of contents on page 2, insert
county under this section for all fiscal years.
of the poverty line applicable to a family of ‘‘(f) DEFINITIONS.—In this section: after the item relating to section 2013 the
the size involved in each State bears to the ‘‘(1) ELIGIBLE REVENUE SHARING COUNTY.— following:
number of such individuals in all States. The term ‘eligible revenue sharing county’ Sec. 2014. Funding for the Individuals with
‘‘(B) DATA.—In determining the allocations means— Disabilities Education Act.
to be made to each State under subparagraph ‘‘(A) a county, parish, or borough— In the table of contents on page 5, insert
(A), the Secretary of the Treasury shall use ‘‘(i) that is independent of any other unit after the item relating to section 4014 the
the most recent data available from the Bu- of local government; and following:
reau of the Census. ‘‘(ii) that, as determined by the Secretary,
‘‘(c) TIMING.—The Secretary shall establish Sec. 4015. Eligibility for workers’ compensa-
is the principal provider of government serv-
a process of applying for grants to access tion benefits for Federal em-
ices for the area within its jurisdiction; and
funding made available under section (b) not ployees diagnosed with COVID–
‘‘(iii) for which, as determined by the Sec-
later than 60 days after enactment of this 19.
retary, there is a negative revenue impact
section. In the table of contents on page 7, insert
due to implementation of a Federal program
‘‘(d) DEFINITIONS.—In this section: after the item relating to section 9032 the
or changes to such program; and
‘‘(1) SECRETARY.—The term ‘Secretary’ following:
‘‘(B) the District of Columbia, the Com-
means the Secretary of the Treasury. monwealth of Puerto Rico, Guam, and the PART 4—OTHER PROVISIONS
‘‘(2) STATE.—The term ‘State’ means each United States Virgin Islands. Sec. 9041. Extension of limitation on excess
of the 50 States, the District of Columbia, ‘‘(2) ELIGIBLE TRIBAL GOVERNMENT.—The business losses of noncorporate
and Puerto Rico. term ‘eligible Tribal government’ means the taxpayers.
‘‘(3) TRIBAL GOVERNMENT.—The term ‘Trib- recognized governing body of an eligible Sec. 9042. Suspension of tax on portion of
al government’ has the meaning given such Tribe. unemployment compensation.
term in section 602(g). ‘‘(3) ELIGIBLE TRIBE.—The term ‘eligible On page 623, lines 19–20, strike ‘‘,
‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CON- Tribe’ means any Indian or Alaska Native without competition,’’
SISTENCY FUND. tribe, band, nation, pueblo, village, commu- f
‘‘(a) APPROPRIATION.—In addition to nity, component band, or component res-
amounts otherwise available, there is appro- ervation, individually identified (including
PRIVILEGES OF THE FLOOR
priated for fiscal year 2021, out of any money parenthetically) in the list published most Mr. SANDERS. Mr. President, I ask
in the Treasury not otherwise appropriated, recently as of the date of enactment of this unanimous consent that the following
$2,000,000,000 to remain available until Sep- section pursuant to section 104 of the Feder- staff members from my staff and from
ctelli on DSK11ZRN23PROD with SENATE
tember 30, 2023, with amounts to be obligated ally Recognized Indian Tribe List Act of 1994 Senator GRAHAM’s staff be given all-ac-
for each of fiscal years 2022 and 2023 in ac- (25 U.S.C. 5131).
cordance with subsection (b), for making cess floor passes for the consideration
‘‘(4) SECRETARY.—The term ‘Secretary’
payments under this section to eligible rev- means the Secretary of the Treasury.’’. of the bill:
enue sharing counties and eligible Tribal (b) CONFORMING AMENDMENT.—The heading Majority staff: Michael Jones, Josh-
governments. for title VI of the Social Security Act (42 ua Smith, Michael Lawliss, Melissa
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— U.S.C. 801 et seq.) is amended by striking Kaplan-Pistiner, and Ari Rabin-Havt.
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