Congressional Record, October 19, 2021 — Senate
Summary
This is S7079 of the Congressional Record, Senate, October 19, 2021, in a correction print with interleaved columns. Mr. Schumer asks that the Senate consider S. Res. 422, authorizing the use of the atrium in a Senate office building for a bipartisan Halloween dog parade on October 27, 2021, and the resolution is agreed to. The page also prints the resolution designating June 12, 2021, as Women Veterans Appreciation Day and the resolution on National 4-H Week. Mr. Schumer then asks for consideration of S. 3011, a bill amending title VI of the Social Security Act to allow coronavirus relief funds to be used for certain infrastructure projects and for emergency relief from natural disasters.
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, October 19, 2021 — Senate.”
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October 19, 2021 CONGRESSIONAL RECORD — SENATE CORRECTION S7079
(1) the population of women veterans AUTHORIZING THE USE OF THE SEC. 2. AUTHORITY TO USE CORONAVIRUS RE-
reached nearly 2,000,000, which represents a LIEF FUNDS FOR INFRASTRUCTURE
ATRIUM IN THE PHILIP A. HART PROJECTS.
significant increase from 713,000 women vet- SENATE OFFICE BUILDING FOR
erans in 1980; and (a) IN GENERAL.—Title VI of the Social Se-
A BIPARTISAN HALLOWEEN DOG
(2) women veterans constitute approxi- PARADE ON OCTOBER 27, 2021 curity Act (42 U.S.C. 801 et seq.), as amended
mately 10 percent of the total veteran popu- by section 40909 of the Infrastructure Invest-
lation; Mr. SCHUMER. Madam President, I ment and Jobs Act, is amended—
Whereas an estimated 1 in 3 women vet- ask unanimous consent that the Sen- (1) in section 602—
erans enrolled in the healthcare system of ate proceed to the consideration of S. (A) in subsection (a)(1), by inserting ‘‘(ex-
the Department of Veterans Affairs report Res. 422, submitted earlier today. cept as provided in subsection (c)(5))’’ after
having experienced military sexual trauma The PRESIDING OFFICER. The ‘‘December 31, 2024’’; and
(MST) during their military service; clerk will report the resolution by (B) in subsection (c)—
Whereas the United States is proud of, and (i) in paragraph (1)—
title.
appreciates, the service of all women vet- (I) in the matter preceding subparagraph
erans who have demonstrated great skill, The senior assistant legislative clerk
read as follows: (A), by striking ‘‘paragraph (3)’’ and insert-
sacrifice, and commitment to defending the
ing ‘‘paragraphs (3), (4), and (5)’’;
principles upon which the United States was A resolution (S. Res. 422) authorizing the
(II) by amending subparagraph (C) to read
founded and which the United States con- use of the atrium in the Philip A. Hart Sen-
ate Office Building for a bipartisan Hal- as follows:
tinues to uphold;
loween dog parade on October 27, 2021. ‘‘(C) for the provision of government serv-
Whereas women veterans have unique sto-
ices up to an amount equal to the greater
ries and should be encouraged to share their There being no objection, the Senate
recollections through the Veterans History of—
proceeded to consider the resolution. ‘‘(i) the amount of the reduction in revenue
Project, a part of the American Folklife Cen-
Mr. SCHUMER. Thank God we got of such State, territory, or Tribal govern-
ter at the Library of Congress, which has
worked since 2000 to collect and share the this one through. ment due to the COVID–19 public health
personal accounts of wartime veterans in the I ask unanimous consent that the emergency relative to revenues collected in
United States; and resolution be agreed to and that the the most recent full fiscal year of the State,
Whereas, by designating June 12, 2021, as motion to reconsider be considered territory, or Tribal government prior to the
‘‘Women Veterans Appreciation Day’’, the made and laid upon the table with no emergency; or
Senate can— intervening action or debate. ‘‘(ii) $10,000,000;’’;
(III) in subparagraph (D), by striking the
(1) highlight the growing presence of The PRESIDING OFFICER. Without
period at the end and inserting ‘‘; or’’; and
women in the Armed Forces and the Na- objection, it is so ordered.
tional Guard; and (IV) by adding at the end the following new
The resolution (S. Res. 422) was subparagraph:
(2) pay respect to women veterans for their agreed to. ‘‘(E) to provide emergency relief from nat-
patriotic military service: Now, therefore, be (The resolution is printed in today’s ural disasters or the negative economic im-
it RECORD under ‘‘Submitted Resolu- pacts of natural disasters, including tem-
Resolved, That the Senate designates June tions.’’) porary emergency housing, food assistance,
12, 2021, as ‘‘Women Veterans Appreciation f financial assistance for lost wages, or other
Day’’ to recognize the service and sacrifices immediate needs.’’; and
of women veterans who have served valiantly AMENDING TITLE VI OF THE (ii) by adding at the end the following new
on behalf of the United States. SOCIAL SECURITY ACT paragraph:
Mr. SCHUMER. Madam President, I ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN
f ask unanimous consent that the Sen- INFRASTRUCTURE PROJECTS.—
‘‘(A) IN GENERAL.—Subject to subparagraph
ate proceed to the immediate consider-
(C), notwithstanding any other provision of
EXPRESSING SUPPORT FOR THE ation of S. 3011, which was introduced law, a State, territory, or Tribal government
DESIGNATION OF OCTOBER 3 earlier today. receiving a payment under this section may
THROUGH OCTOBER 9, 2021, AS The PRESIDING OFFICER. The use funds provided under such payment for
NATIONAL 4–H WEEK clerk will report the bill by title. projects described in subparagraph (B), in-
The senior assistant legislative clerk cluding, to the extent consistent with guid-
Mr. SCHUMER. Madam President, I read as follows: ance or rules issued by the Secretary or the
ask unanimous consent that the Com- head of a Federal agency to which the Sec-
A bill (S. 3011) to amend title VI of the So-
mittee on Agriculture, Nutrition, and cial Security Act to allow States and local retary has delegated authority pursuant to
Forestry be discharged from further governments to use coronavirus relief funds subparagraph (C)(iv)—
consideration and the Senate now pro- provided under the American Rescue Plan ‘‘(i) in the case of a project eligible under
ceed to S. Res. 418. Act for infrastructure projects, improve the section 117 of title 23, United States Code, or
The PRESIDING OFFICER. The Local Assistance and Tribal Consistency section 5309 or 6701 of title 49, United States
Fund, provide Tribal governments with more Code, to satisfy a non-Federal share require-
clerk will report the resolution by
time to use Coronavirus Relief Fund pay- ment applicable to such a project; and
title. ments, and for other purposes. ‘‘(ii) in the case of a project eligible for
The senior assistant legislative clerk There being no objection, the Senate credit assistance under the TIFIA program
read as follows: proceeded to consider the bill. under chapter 6 of title 23, United States
Code—
A resolution (S. Res. 418) expressing sup- Mr. SCHUMER. Madam President, I
‘‘(I) to satisfy a non-Federal share require-
port for the designation of October 3 through ask unanimous consent that the bill be ment applicable to such a project; and
October 9, 2021, as ‘‘National 4–H Week’’. considered read a third time and ‘‘(II) to repay a loan provided under such
There being no objection, the com- passed, and that the motion to recon- program.
mittee was discharged and the Senate sider be considered made and laid upon ‘‘(B) PROJECTS DESCRIBED.—A project re-
proceeded to consider the resolution. the table with no intervening action or ferred to in subparagraph (A) is any of the
debate. following:
Mr. SCHUMER. I ask unanimous con- The PRESIDING OFFICER. Without ‘‘(i) A project eligible under section 117 of
sent that the resolution be agreed to, objection, it is so ordered. title 23, United States Code.
the preamble be agreed to, and that the The bill (S. 3011) was ordered to be ‘‘(ii) A project eligible under section 119 of
motions to reconsider be considered
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engrossed for a third reading, was read title 23, United States Code.
made and laid upon the table. the third time, and passed as follows:
‘‘(iii) A project eligible under section 124 of
title 23, United States Code, as added by the
The PRESIDING OFFICER. Without S. 3011 Infrastructure Investment and Jobs Act.
objection, it is so ordered. Be it enacted by the Senate and House of Rep- ‘‘(iv) A project eligible under section 133 of
The resolution (S. Res. 418) was resentatives of the United States of America in title 23, United States Code.
agreed to. Congress assembled, ‘‘(v) An activity to carry out section 134 of
The preamble was agreed to. SECTION 1. SHORT TITLE. title 23, United States Code.
This Act may be cited as the ‘‘State, ‘‘(vi) A project eligible under section 148 of
(The resolution, with its preamble, is Local, Tribal, and Territorial Fiscal Recov- title 23, United States Code.
printed in the RECORD of October 7, ery, Infrastructure, and Disaster Relief ‘‘(vii) A project eligible under section 149
2021, under ‘‘Submitted Resolutions.’’) Flexibility Act’’. of title 23, United States Code.
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S7080 CONGRESSIONAL RECORD — SENATE October 19, 2021
‘‘(viii) A project eligible under section ‘‘(I) the requirements of section 60102 of (ii) by adding at the end the following new
151(f) of title 23, United States Code, as added the Infrastructure Investment and Jobs Act paragraph:
by the Infrastructure Investment and Jobs shall apply to funds provided under a pay- ‘‘(6) AUTHORITY TO USE FUNDS FOR CERTAIN
Act. ment made under this section that are used INFRASTRUCTURE PROJECTS.—
‘‘(ix) A project eligible under section 165 of pursuant to subparagraph (A) for a project ‘‘(A) IN GENERAL.—Subject to subparagraph
title 23, United States Code. described in clause (xxvi) of subparagraph (B), notwithstanding any other provision of
‘‘(x) A project eligible under section 167 of (B) that relates to broadband infrastructure; law, a metropolitan city, nonentitlement
title 23, United States Code. ‘‘(II) the requirements of titles 23, 40, and unit of local government, or county receiv-
‘‘(xi) A project eligible under section 173 of 49 of the United States Code, title I of the ing a payment under this section may use
title 23, United States Code, as added by the Housing and Community Development Act of funds provided under such payment for
Infrastructure Investment and Jobs Act. 1974 (42 U.S.C. 5301 et seq.), and the National projects described in subparagraph (B) of sec-
‘‘(xii) A project eligible under section 175 Environmental Policy Act of 1969 (42 U.S.C. tion 602(c)(5), including, to the extent con-
of title 23, United States Code, as added by 4321 et. seq) shall apply to funds provided sistent with guidance or rules issued by the
the Infrastructure Investment and Jobs Act. under a payment made under this section Secretary or the head of a Federal agency to
‘‘(xiii) A project eligible under section 176 that are used for projects described in sub- which the Secretary has delegated authority
of title 23, United States Code, as added by paragraph (B); and pursuant to subparagraph (B)(iv)—
the Infrastructure Investment and Jobs Act. ‘‘(III) a State government receiving a pay- ‘‘(i) in the case of a project eligible under
‘‘(xiv) A project eligible under section 202 ment under this section may use funds pro- section 117 of title 23, United States Code, or
of title 23, United States Code. section 5309 or 6701 of title 49, United States
vided under such payment for projects de-
‘‘(xv) A project eligible under section 203 of Code, to satisfy a non-Federal share require-
scribed in clauses (i) through (xxvii) of sub-
title 23, United States Code. ment applicable to such a project; and
paragraph (B), as applicable, that—
‘‘(xvi) A project eligible under section 204 ‘‘(ii) in the case of a project eligible for
‘‘(aa) demonstrate progress in achieving a
of title 23, United States Code. credit assistance under the TIFIA program
state of good repair as required by the
‘‘(xvii) A project eligible under the pro- under chapter 6 of title 23, United States
State’s asset management plan under section
gram for national infrastructure invest- Code—
ments (commonly known as the ‘Rebuilding 119(e) of title 23, United States Code; and ‘‘(I) to satisfy a non-Federal share require-
American Infrastructure with Sustainability ‘‘(bb) support the achievement of 1 or more ment applicable to such a project; and
and Equity (RAISE) grant program’). performance targets of the State established ‘‘(II) to repay a loan provided under such
‘‘(xviii) A project eligible for credit assist- under section 150 of title 23, United States program.
ance under the TIFIA program under chapter Code. ‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE-
6 of title 23, United States Code. ‘‘(iv) OVERSIGHT.—The Secretary may dele- MENTS.—
‘‘(xix) A project that furthers the comple- gate oversight and administration of the re- ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
tion of a designated route of the Appalachian quirements described in clause (iii) to the INFRASTRUCTURE PROJECTS.—
Development Highway System under section appropriate Federal agency. ‘‘(I) IN GENERAL.—The total amount that a
14501 of title 40, United States Code. ‘‘(v) SUPPLEMENT, NOT SUPPLANT.— metropolitan city, nonentitlement unit of
‘‘(xx) A project eligible under section 5307 Amounts from a payment made under this local government, or county may use from a
of title 49, United States Code. section that are used by a State, territory, payment made under this section for uses de-
‘‘(xxi) A project eligible under section 5309 or Tribal government for uses described in scribed in subparagraph (A) shall not exceed
of title 49, United States Code. subparagraph (A) shall supplement, and not the greater of—
‘‘(xxii) A project eligible under section 5311 supplant, other Federal, State, territorial, ‘‘(aa) $10,000,000; and
of title 49, United States Code. Tribal, and local government funds (as appli- ‘‘(bb) 30 percent of such payment.
‘‘(xxiii) A project eligible under section cable) otherwise available for such uses. ‘‘(II) RULE OF APPLICATION.—The spending
5337 of title 49, United States Code. ‘‘(D) REPORTS.—The Secretary, in con- limitation under subclause (I) shall not
‘‘(xxiv) A project eligible under section sultation with the Secretary of Transpor- apply to any use of funds permitted under
5339 of title 49, United States Code. tation, shall provide periodic reports on the paragraph (1), and any such use of funds shall
‘‘(xxv) A project eligible under section 6703 use of funds by States, territories, and Tribal be disregarded for purposes of applying such
of title 49, United States Code, as added by governments under subparagraph (A). spending limitation.
the Infrastructure Investment and Jobs Act. ‘‘(E) AVAILABILITY.—Funds provided under ‘‘(ii) LIMITATION ON OPERATING EXPENSES.—
‘‘(xxvi) A project eligible under title I of a payment made under this section to a Funds provided under a payment made under
the Housing and Community Development State, territory, or Tribal government shall this section shall not be used for operating
Act of 1974 (42 U.S.C. 5301 et seq.). remain available for obligation for a use de- expenses of a project described in clauses
‘‘(xxvii) A project eligible under the bridge scribed in subparagraph (A) through Decem- (xx) through (xxiv) of section 602(c)(5)(B).
replacement, rehabilitation, preservation, ber 31, 2024, except that no amount of such ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-
protection, and construction program under funds may be expended after September 30, cept as otherwise determined by the Sec-
paragraph (1) under the heading ‘HIGHWAY IN- 2026.’’; and retary or the head of a Federal agency to
FRASTRUCTURE PROGRAM’ under the heading (2) in subsection 603— which the Secretary has delegated authority
‘FEDERAL HIGHWAY ADMINISTRATION’ under (A) in subsection (a), by inserting ‘‘(except pursuant to clause (iv) or provided in this
the heading ‘DEPARTMENT OF TRANS- as provided in subsection (c)(6))’’ after ‘‘De- section—
PORTATION’ under title VIII of division J of cember 31, 2024’’; and ‘‘(I) the requirements of section 60102 of
the Infrastructure Investment and Jobs Act. (B) in subsection (c)— the Infrastructure Investment and Jobs Act
‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE- (i) in paragraph (1)— shall apply to funds provided under a pay-
MENTS.— (I) in the matter preceding subparagraph ment made under this section that are used
‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR (A), by striking ‘‘paragraphs (3) and (4)’’ and pursuant to subparagraph (A) for a project
INFRASTRUCTURE PROJECTS.— inserting ‘‘paragraphs (3), (4), (5), and (6)’’; described in clause (xxvi) of section
‘‘(I) IN GENERAL.—The total amount that a (II) by amending subparagraph (C) to read 602(c)(5)(B) that relates to broadband infra-
State, territory, or Tribal government may as follows: structure; and
use from a payment made under this section ‘‘(C) for the provision of government serv- ‘‘(II) the requirements of titles 23, 40, and
for uses described in subparagraph (A) shall ices up to an amount equal to the greater 49 of the United States Code, title I of the
not exceed the greater of— of— Housing and Community Development Act of
‘‘(aa) $10,000,000; and ‘‘(i) the amount of the reduction in revenue 1974 (42 U.S.C. 5301 et seq.), and the National
‘‘(bb) 30 percent of such payment. of such metropolitan city, nonentitlement Environmental Policy Act of 1969 (42 U.S.C.
‘‘(II) RULE OF APPLICATION.—The spending unit of local government, or county due to 4321 et. seq) shall apply to funds provided
limitation under subclause (I) shall not the COVID–19 public health emergency rel- under a payment made under this section
apply to any use of funds permitted under ative to revenues collected in the most re- that are used for projects described in sec-
paragraph (1), and any such use of funds shall cent full fiscal year of the metropolitan city, tion 602(c)(5)(B).
be disregarded for purposes of applying such nonentitlement unit of local government, or ‘‘(iv) OVERSIGHT.—The Secretary may dele-
spending limitation. county to the emergency; or gate oversight and administration of the re-
‘‘(ii) LIMITATION ON OPERATING EXPENSES.— ‘‘(ii) $10,000,000;’’; quirements described in clause (iii) to the
Funds provided under a payment made under (III) in subparagraph (D), by striking the appropriate Federal agency.
this section shall not be used for operating period at the end and inserting ‘‘; or’’; and ‘‘(v) SUPPLEMENT, NOT SUPPLANT.—
expenses of a project described in clauses (IV) by adding at the end the following new Amounts from a payment made under this
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(xx) through (xxiv) of subparagraph (B). subparagraph: section that are used by a metropolitan city,
‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex- ‘‘(E) to provide emergency relief from nat- nonentitlement unit of local government, or
cept as otherwise determined by the Sec- ural disasters or the negative economic im- county for uses described in subparagraph
retary or the head of a Federal agency to pacts of natural disasters, including tem- (A) shall supplement, and not supplant,
which the Secretary has delegated authority porary emergency housing, food assistance, other Federal, State, territorial, Tribal, and
pursuant to clause (iv) or provided in this financial assistance for lost wages, or other local government funds (as applicable) other-
section— immediate needs.’’; and wise available for such uses.
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October 19, 2021 CONGRESSIONAL RECORD — SENATE S7081
‘‘(C) REPORTS.—The Secretary, in consulta- ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— shall provide to the Secretary periodic re-
tion with the Secretary of Transportation, ‘‘(1) ALLOCATIONS AND PAYMENTS TO ELIGI- ports providing a detailed accounting of the
shall provide periodic reports on the use of BLE REVENUE SHARING RECIPIENTS.— uses of fund by such eligible revenue sharing
funds by metropolitan cities, nonentitlement ‘‘(A) ALLOCATIONS TO REVENUE SHARING recipient or territory, as applicable, and
units of local government, or counties under COUNTIES.—For each of fiscal years 2022 and such other information as the Secretary may
subparagraph (A). 2023, the Secretary shall reserve $742,500,000 require for the administration of this sec-
‘‘(D) AVAILABILITY.—Funds provided under of the total amount appropriated under sub- tion.
a payment made under this section to a met- section (a) to allocate to each revenue shar- ‘‘(e) RECOUPMENT.—Any eligible revenue
ropolitan city, nonentitlement unit of local ing county and, except as provided in sub- sharing recipient or any territory that has
government, or county shall remain avail- paragraph (B), pay to each revenue sharing failed to submit a report required under sub-
able for obligation for a use described in sub- county that is an eligible revenue sharing section (d) or failed to comply with sub-
paragraph (A) through December 31, 2024, ex- county amounts that are determined by the section (c), shall be required to repay to the
cept that no amount of such funds may be Secretary taking into account the amount of Secretary an amount equal to—
expended after September 30, 2026.’’. entitlement land in each revenue sharing ‘‘(1) in the case of a failure to comply with
(b) TECHNICAL AMENDMENTS.—Sections county and the economic conditions of each subsection (c), the amount of funds used in
602(c)(3) and 603(c)(3) of title VI of the Social revenue sharing county, using such measure- violation of such subsection; and
Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are ments of poverty, household income, and un- ‘‘(2) in the case of a failure to submit a re-
each amended by striking ‘‘paragraph (17) employment over the most recent 20-year pe- port required under subsection (d), such
of’’. riod as of September 30, 2021, to the extent amount as the Secretary determines appro-
(c) GUIDANCE AND EFFECTIVE DATE.— data are available, as well as other economic priate, but not to exceed 5 percent of the
(1) GUIDANCE OR RULE.—Within 60 days of indicators the Secretary determines appro- amount paid to the eligible revenue sharing
the date of enactment of this Act, the Sec- priate. recipient or the territory under this section
retary of the Treasury, in consultation with ‘‘(B) SPECIAL ALLOCATION RULES.— for all fiscal years.
the Secretary of Transportation, shall issue ‘‘(i) REVENUE SHARING COUNTIES WITH LIM-
‘‘(f) DEFINITIONS.—In this section:
guidance or promulgate a rule to carry out ITED GOVERNMENT FUNCTIONS.—In the case of
an amount allocated to a revenue sharing ‘‘(1) COUNTY.—The term ‘county’ means a
the amendments made by this section, in- county, parish, or other equivalent county
cluding updating reporting requirements on county under subparagraph (A) that is a
county with limited government functions, division (as defined by the Bureau of the
the use of funds under this section. Census) in 1 of the 50 States.
(2) EFFECTIVE DATE.—The amendments the Secretary shall allocate and pay such
amount to each eligible revenue sharing ‘‘(2) COUNTY WITH LIMITED GOVERNMENT
made by this section shall take effect upon FUNCTIONS.—The term ‘county with limited
the issuance of guidance or the promulgation local government within such county with
limited government functions in an amount government functions’ means a county in
of a rule described in paragraph (1). which entitlement land is located that is not
(d) DEPARTMENT OF THE TREASURY ADMINIS- determined by the Secretary taking into ac-
count the amount of entitlement land in an eligible revenue sharing county.
TRATIVE EXPENSES.— ‘‘(3) ELIGIBLE REVENUE SHARING COUNTY.—
(1) IN GENERAL.—Notwithstanding any each eligible revenue sharing local govern-
ment and the population of such eligible rev- The term ‘eligible revenue sharing county’
other provision of law, the unobligated bal- means—
ances from amounts made available to the enue sharing local government relative to
the total population of such county with ‘‘(A) a unit of general local government (as
Secretary of the Treasury (referred to in this defined in section 6901(2) of title 31, United
subsection as the ‘‘Secretary’’) for adminis- limited government functions.
‘‘(ii) ELIGIBLE REVENUE SHARING COUNTY IN States Code) that is a county in which enti-
trative expenses pursuant to the provisions tlement land is located and which is eligible
ALASKA.—In the case of the eligible revenue
specified in paragraph (2) shall be available for a payment under section 6902(a) of title
to the Secretary (in addition to any other sharing county described in subparagraph
(f)(3)(C), the Secretary shall pay the amount 31, United States Code;
appropriations provided for such purpose) for ‘‘(B) the District of Columbia; or
any administrative expenses of the Depart- allocated to such eligible revenue sharing
county to the State of Alaska. The State of ‘‘(C) the combined area in Alaska that is
ment of the Treasury determined by the Sec- within the boundaries of a census area used
retary to be necessary to respond to the Alaska shall distribute such payment to
home rule cities and general law cities (as by the Secretary of Commerce in the decen-
coronavirus emergency, including any ex- nial census, but that is not included within
penses necessary to implement any provision such cities are defined by the State) located
within the boundaries of the eligible revenue the boundary of a unit of general local gov-
of— ernment described in subparagraph (A).
(A) the Coronavirus Aid, Relief, and Eco- sharing county for which the payment was
received. ‘‘(4) ELIGIBLE REVENUE SHARING LOCAL GOV-
nomic Security Act (Public Law 116–136); ERNMENT.—The term ‘eligible revenue shar-
(B) division N of the Consolidated Appro- ‘‘(C) PRO RATA ADJUSTMENT AUTHORITY.—
The amounts otherwise determined for allo- ing local government’ means a unit of gen-
priations Act, 2021 (Public Law 116–260); eral local government (as defined in section
(C) the American Rescue Plan Act (Public cation and payment under subparagraphs (A)
and (B) may be adjusted by the Secretary on 6901(2) of title 31, United States Code) in
Law 117–2); or which entitlement land is located that is not
(D) title VI of the Social Security Act (42 a pro rata basis to the extent necessary to
ensure that all available funds are allocated a county or territory and which is eligible
U.S.C. 801 et seq.). for a payment under section 6902(a) of title
(2) PROVISIONS SPECIFIED.—The provisions and paid to eligible revenue sharing recipi-
ents in accordance with the requirements 31, United States Code.
specified in this paragraph are the following: ‘‘(5) ELIGIBLE REVENUE SHARING RECIPI-
(A) Sections 4003(f) and 4112(b) of the specified in each such subparagraph.
ENTS.—The term ‘eligible revenue sharing re-
Coronavirus Aid, Relief, and Economic Secu- ‘‘(2) ALLOCATIONS AND PAYMENTS TO ELIGI-
BLE TRIBAL GOVERNMENTS.—For each of fiscal
cipients’ means, collectively, eligible rev-
rity Act (Public Law 116–136). enue sharing counties and eligible revenue
(B) Section 421(f)(2) of division N of the years 2022 and 2023, the Secretary shall re-
serve $250,000,000 of the total amount appro- sharing local governments.
Consolidated Appropriations Act, 2021 (Pub- ‘‘(6) ELIGIBLE TRIBAL GOVERNMENT.—The
lic Law 116–260). priated under subsection (a) to allocate and
pay to eligible Tribal governments in term ‘eligible Tribal government’ means the
(C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and recognized governing body of an eligible
7301(b)(5) of the American Rescue Plan Act of amounts that are determined by the Sec-
retary taking into account economic condi- Tribe.
2021 (Public Law 117–2). ‘‘(7) ELIGIBLE TRIBE.—The term ‘eligible
(D) Section 602(a)(2) of the Social Security tions of each eligible Tribe.
‘‘(3) ALLOCATIONS AND PAYMENTS TO TERRI- Tribe’ means any Indian or Alaska Native
Act (42 U.S.C. 802(a)(2)). tribe, band, nation, pueblo, village, commu-
TORIES.—For each of fiscal years 2022 and
SEC. 3. LOCAL ASSISTANCE AND TRIBAL CON- nity, component band, or component res-
SISTENCY FUND. 2023, the Secretary shall reserve $7,500,000 of
the total amount appropriated under sub- ervation, individually identified (including
Section 605 of the Social Security Act (42 parenthetically) in the list published most
section (a) to allocate and pay to each terri-
U.S.C. 805) is amended to read as follows: recently as of March 11, 2021, pursuant to
tory an amount which bears the same pro-
‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CON-
portion to the amount reserved in this para- section 104 of the Federally Recognized In-
SISTENCY FUND. dian Tribe List Act of 1994 (25 U.S.C. 5131).
graph as the population of such territory
‘‘(a) APPROPRIATION.—In addition to bears to the total population of all such ter- ‘‘(8) ENTITLEMENT LAND.—The term ‘enti-
amounts otherwise available, there is appro- ritories. tlement land’ has the meaning given to such
priated for fiscal year 2021, out of any money ‘‘(c) USE OF PAYMENTS.—An eligible rev- term in section 6901(1) of title 31, United
in the Treasury not otherwise appropriated, enue sharing recipient, an eligible Tribal States Code.
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$2,000,000,000 to remain available until Sep- government, or a territory may use funds ‘‘(9) REVENUE SHARING COUNTY.—The term
tember 30, 2023, with amounts to be obligated provided under a payment made under this ‘revenue sharing county’ means—
for each of fiscal years 2022 and 2023 in ac- section for any governmental purpose other ‘‘(A) an eligible revenue sharing county; or
cordance with subsection (b), for making than a lobbying activity. ‘‘(B) a county with limited government
payments under this section to eligible rev- ‘‘(d) REPORTING REQUIREMENT.—Any eligi- functions.
enue sharing recipients, eligible Tribal gov- ble revenue sharing recipient and any terri- ‘‘(10) SECRETARY.—The term ‘Secretary’
ernments, and territories. tory receiving a payment under this section means the Secretary of the Treasury.
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S7082 CONGRESSIONAL RECORD — SENATE October 19, 2021
‘‘(11) TERRITORY.—The term ‘territory’ The senior assistant legislative clerk The PRESIDING OFFICER. The Sen-
means— read as follows: ator from Maine.
‘‘(A) the Commonwealth of Puerto Rico;
‘‘(B) the United States Virgin Islands;
A bill (S. 3005) establishing appropriate f
thresholds for certain budget points of order
‘‘(C) Guam; ELECTION SECURITY
in the Senate, and for other purposes.
‘‘(D) the Commonwealth of the Northern
Mariana Islands; or A bill (S. 3006) to amend the Balanced Mr. KING. Madam President, the
‘‘(E) American Samoa.’’. Budget and Emergency Deficit Control Act United States of America is an anom-
SEC. 4. EXTENSION OF AVAILABILITY OF
of 1985 to extend the discretionary spending aly in world history. We are a 245-year
CORONAVIRUS RELIEF FUND PAY- limits for fiscal years 2022 through 2031. experiment in self-government, which
MENTS TO TRIBAL GOVERNMENTS. A bill (S. 3007) to amend the Balanced
Budget and Emergency Deficit Control Act
is based upon an idea that was radical
Section 601(d)(3) of the Social Security Act
(42 U.S.C. 801(d)(3)) is amended by inserting of 1985 to extend the discretionary spending in 1776. It was tested at Gettysburg,
‘‘(or, in the case of costs incurred by a Tribal limits. Antietam, Shiloh, and the Wilderness.
government, during the period that begins A bill (S. 3008) to establish the Federal It was defended at Anzio, Iwo Jima,
on March 1, 2020, and ends on December 31, Rainy Day Fund to control emergency and Normandy, and was reaffirmed in
2022)’’ before the period. spending. 1965. It is an idea that the people—all
SEC. 5. RESCISSION OF CORONAVIRUS RELIEF A bill (S. 3009) to amend title VI of the So- the people—are the ultimate source of
AND RECOVERY FUNDS DECLINED cial Security Act to remove the prohibition power and can govern themselves
BY STATES, TERRITORIES, OR on States and territories against lowering
OTHER GOVERNMENTAL ENTITIES. their taxes.
through their elected representatives.
Title VI of the Social Security Act (42 A bill (S. 3010) to cap noninterest Federal That was a radical notion in 1776.
U.S.C. 801 et seq.) is amended by adding at spending as a percentage of potential GDP to The historical norm is just the oppo-
the end the following new section: right-size the Government, grow the econ- site—kings; pharaohs; dictators; czars;
‘‘SEC. 606. RESCISSION OF FUNDS DECLINED BY omy, and balance the budget. warlords; emperors; and, more re-
STATES, TERRITORIES, OR OTHER
GOVERNMENTAL ENTITIES. Mr. SCHUMER. Madam President, I cently, presidents for life. Throughout
‘‘(a) RESCISSION.— now ask for a second reading and, in most of human history, and right up to
‘‘(1) IN GENERAL.—Subject to paragraphs (2) order to place the bills on the calendar the present day, in most countries, the
and (3), if a State, territory, or other govern- under the provisions of rule XIV, I ob- people have little or no say in the deci-
mental entity provides notice to the Sec- sions that determine their fate. And
ject to my own request, all en bloc.
retary of the Treasury in the manner pro- these rulers are rarely, if ever, benefi-
vided by the Secretary of the Treasury that The PRESIDING OFFICER. Objec-
the State, territory, or other governmental tion having been heard, the bills will be cent. In fact, again, the historical
entity intends to decline all or a portion of read for the second time, en bloc, on norm is just the opposite—pervasive
the amounts that are to be awarded to the the next legislative day. corruption, the pursuit of power for its
State, territory, or other governmental enti- own sake, the crushing of dissent,
f
ty from funds appropriated under this title, sham elections, and the abuse or even
an amount equal to the unaccepted amounts ORDERS FOR WEDNESDAY, elimination of anyone not sufficiently
or portion of such amounts allocated by the OCTOBER 20, 2021 loyal or useful to the leader. That is
Secretary of the Treasury as of the date of
Mr. SCHUMER. Madam President, the historical norm.
such notice that would have been awarded to
the State, territory, or other governmental now, finally, I ask unanimous consent There is nothing surprising about
entity shall be rescinded from the applicable that when the Senate completes its this because it reflects human nature.
appropriation account. business today, it adjourn until 10 a.m. History fairly shouts at us that power
‘‘(2) EXCLUSION.—Paragraph (1) shall not
Wednesday, October 20; that following corrupts, and absolute power corrupts
apply with respect to funds that are to be absolutely.
paid to a State under section 603 for distribu- the prayer and pledge, the morning
Given the consistent history of this
tion to nonentitlement units of local govern- hour be deemed expired and the Jour-
experience—of warlords, dictators,
ment. nal of proceedings be approved to date,
czars, and the abuse of their author-
‘‘(3) RULES OF CONSTRUCTION.—Paragraph the time for the two leaders be re-
(1) shall not be construed as— ity—it is clear that what we are doing,
served for their use later in the day,
‘‘(A) preventing a sub-State governmental this experiment, is fragile. It is not the
and morning business be closed; that
entity, including a nonentitlement unit of norm. It is an anomaly. What we have
upon the conclusion of morning busi-
local government, from notifying the Sec- and take for granted is in no way guar-
ness, the Senate proceed to executive
retary of the Treasury that the sub-State anteed. As has been the case for demo-
governmental entity intends to decline all or session to resume consideration of the
cratic experiments throughout history,
a portion of the amounts that a State may Lhamon nomination; further, that if
it can fail. Rarely can it fail from ex-
distribute to the entity from funds appro- cloture is invoked on the Lhamon nom-
ternal attack. Almost always, demo-
priated under this title; or ination, all postcloture time expire at
‘‘(B) allowing a State to prohibit or other- cratic experiments fail from erosion
1:45 p.m., and that if confirmed, the
wise prevent a sub-State governmental enti- from within.
motion to reconsider be considered
ty from providing such a notice. On the surface, our democratic sys-
made and laid upon the table and the
‘‘(b) USE FOR DEFICIT REDUCTION.— tem protects us by resting upon our in-
Amounts rescinded under subsection (a) shall President be immediately notified of
genuous Constitution, the primary pur-
be deposited in the general fund of the Treas- the Senate’s action.
pose of which is to establish an effec-
ury for the sole purpose of deficit reduction. The PRESIDING OFFICER. Without
‘‘(c) STATE OR OTHER GOVERNMENTAL ENTI-
tive government while at the same
objection, it is so ordered.
TY DEFINED.—In this section, the term time dividing and dispersing power,
‘State, territory, or other governmental en- f and in Madison’s evocative phrase:
tity’ means any entity to which a payment ORDER OF BUSINESS Obliging the government to control
may be made directly to the entity under itself.
this title other than a Tribal government, as Mr. SCHUMER. Madam President, And of all the safeguards built into
defined in sections 601(g), 602(g), and 604(d), for the information of Senators, the the Constitution—and there are many;
and an eligible Tribal government, as defined first rollcall vote of the day will begin
in section 605(f).’’. two Houses of Congress, vetoes, divi-
at approximately 11 a.m. sion of the war power, advise and con-
f
f sent, enumerated powers, Federalism,
MEASURES READ THE FIRST the Bill of Rights—of all of those pro-
TIME, EN BLOC—S. 3005, S. 3006, S. ORDER FOR ADJOURNMENT tections, the most fundamental and es-
3007, S. 3008, S. 3009, AND S. 3010 Mr. SCHUMER. Madam President, if sential is regular elections, the clear-
Mr. SCHUMER. Madam President, I there is no further business to come be- est expression of the people’s will.
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understand there are 6 bills at the fore the Senate, I ask that it stand ad- For most of my life, I have not really
desk, and I ask for their reading, en journed under the previous order, fol- thought much about how elections ac-
bloc. lowing the remarks of Senators KING tually work. You go to the town office
The PRESIDING OFFICER. The and PORTMAN. or the school gym, they cross your
clerk will read the bills by title for the The PRESIDING OFFICER. Without name off on a list, hand you a ballot,
first time, en bloc. objection, it is so ordered. and you go into a booth and make your
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