[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1306-S1310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1117. Mr. DAINES (for himself and Mr. Lankford) submitted an 
amendment intended to be proposed to amendment SA 891 proposed by Mr. 
Schumer (for himself, Mr. Wyden, Mrs. Murray, Mr. Brown, Mr. Peters, 
Mr. Cardin, Ms. Cantwell, Ms. Stabenow, Mr. Tester, Mr. Menendez, Mr. 
Schatz, Mr. Carper, Mr. Leahy, and Mr. Sanders) to the bill H.R. 1319, 
to provide for reconciliation pursuant to title II of S. Con. Res. 5; 
which was ordered to lie on the table; as follows:

        Strike section 9901 and all that follows through title X 
     and insert the following:

     SEC. 9901. CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS.

       Section 301 of division BB of the Consolidated 
     Appropriations Act, 2021, as amended by this Act, is amended 
     by adding at the end the following new subsection:
       ``(k) Coronavirus State and Local Fiscal Recovery Funds.--
       ``(1) In general.--Title VI of the Social Security Act (42 
     U.S.C. 801 et seq.) is amended by adding at the end the 
     following:

     `` `SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND.

       `` `(a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2021, out of 
     any money in the Treasury not otherwise appropriated--
       `` `(1) $219,800,000,000, to remain available through 
     December 31, 2024, for making payments under this section to 
     States, territories, and Tribal governments to mitigate the 
     fiscal effects stemming from the public health emergency with 
     respect to the Coronavirus Disease (COVID-19); and
       `` `(2) $50,000,000, to remain available until expended, 
     for the costs of the Secretary for administration of the 
     funds established under this title.
       `` `(b) Authority To Make Payments.--
       `` `(1) Payments to territories.--
       `` `(A) In general.--The Secretary shall reserve 
     $4,500,000,000 of the amount appropriated under subsection 
     (a)(1) to make payments to the territories.
       `` `(B) Allocation.--Of the amount reserved under 
     subparagraph (A)--
       `` `(i) 50 percent of such amount shall be allocated by the 
     Secretary equally to each territory; and
       `` `(ii) 50 percent of such amount shall be allocated by 
     the Secretary as an additional amount to each territory in an 
     amount which bears the same proportion to \1/2\ of the total 
     amount reserved under subparagraph (A) as the population of 
     the territory bears to the total population of all such 
     territories.
       `` `(C) Payment.--The Secretary shall pay each territory 
     the total of the amounts allocated for the territory under 
     subparagraph (B) in accordance with paragraph (6).
       `` `(2) Payments to tribal governments.--
       `` `(A) In general.--The Secretary shall reserve 
     $20,000,000,000 of the amount appropriated under subsection 
     (a)(1) to make payments to Tribal governments.
       `` `(B) Allocation.--Of the amount reserved under 
     subparagraph (A)--
       `` `(i) $1,000,000,000 shall be allocated by the Secretary 
     equally among each of the Tribal governments; and
       `` `(ii) $19,000,000,000 shall be allocated by the 
     Secretary to the Tribal governments in a manner determined by 
     the Secretary.

[[Page S1307]]

       `` `(C) Payment.-- The Secretary shall pay each Tribal 
     government the total of the amounts allocated for the Tribal 
     government under subparagraph (B) in accordance with 
     paragraph (6).
       `` `(3) Payments to each of the 50 states and the district 
     of columbia.--
       `` `(A) In general.--The Secretary shall reserve 
     $195,300,000,000 of the amount appropriated under subsection 
     (a)(1) to make payments to each of the 50 States and the 
     District of Columbia.
       `` `(B) Allocations.--Of the amount reserved under 
     subparagraph (A)--
       `` `(i) $25,500,000,000 of such amount shall be allocated 
     by the Secretary equally among each of the 50 States and the 
     District of Columbia;
       `` `(ii) an amount equal to $1,250,000,000 less the amount 
     allocated for the District of Columbia pursuant to section 
     601(c)(6) shall be allocated by the Secretary as an 
     additional amount to the District of Columbia; and
       `` `(iii) an amount equal to the remainder of the amount 
     reserved under subparagraph (A) after the application of 
     clauses (i) and (ii) of this subparagraph shall be allocated 
     by the Secretary as an additional amount to each of the 50 
     States and the District of Columbia in an amount which bears 
     the same proportion to such remainder as the average 
     estimated number of seasonally-adjusted unemployed 
     individuals (as measured by the Bureau of Labor Statistics 
     Local Area Unemployment Statistics program) in the State or 
     District of Columbia over the 3-month period ending with 
     December 2020 bears to the average estimated number of 
     seasonally-adjusted unemployed individuals in all of the 50 
     States and the District of Columbia over the same period.
       `` `(C) Payment.--
       `` `(i) In general.--Subject to clause (ii), the Secretary 
     shall pay each of the 50 States and the District of Columbia, 
     from the amount reserved under subparagraph (A), the total of 
     the amounts allocated for the State and District of Columbia 
     under subparagraph (B) in accordance with paragraph (6).
       `` `(ii) Minimum payment requirement.--

       `` `(I) In general.--The sum of--

       `` `(aa) the total amounts allocated for 1 of the 50 States 
     or the District of Columbia under subparagraph (B) (as 
     determined without regard to this clause); and
       `` `(bb) the amounts allocated under section 603 to the 
     State (for distribution by the State to nonentitlement units 
     of local government in the State) and to metropolitan cities 
     and counties in the State;

     shall not be less than the amount paid to the State or 
     District of Columbia for fiscal year 2020 under section 601.
       `` `(II) Pro rata adjustment.--The Secretary shall adjust 
     on a pro rata basis the amount of the allocations for each of 
     the 50 States and the District of Columbia determined under 
     subparagraph (B)(iii) (without regard to this clause) to the 
     extent necessary to comply with the requirement of subclause 
     (I).

       `` `(4) Pro rata adjustment authority.--The amounts 
     otherwise determined for allocation and payment under 
     paragraphs (1), (2), and (3) may be adjusted by the Secretary 
     on a pro rata basis to the extent necessary to ensure that 
     all available funds are allocated to States, territories, and 
     Tribal governments in accordance with the requirements 
     specified in each such paragraph (as applicable).
       `` `(5) Population data.--For purposes of determining 
     allocations for a territory under this section, the 
     population of the territory shall be determined based on the 
     most recent data available from the Bureau of the Census.
       `` `(6) Timing.--
       `` `(A) In general.--To the extent practicable, with 
     respect to each State and territory allocated a payment under 
     this subsection, the Secretary shall make the payment 
     required for the State or territory not later than 60 days 
     after the date on which the certification required under 
     subsection (d)(1) is provided to the Secretary.
       `` `(B) Tribal governments.--To the extent practicable, 
     with respect to each Tribal government for which an amount is 
     allocated under this subsection, the Secretary shall make the 
     payment required for the Tribal government not later than 60 
     days after the date of enactment of this section.
       `` `(C) Initial payment to district of columbia.--The 
     Secretary shall pay the amount allocated under paragraph 
     (3)(B)(ii) to the District of Columbia not later than 15 days 
     after the date of enactment of this section.
       `` `(c) Requirements.--
       `` `(1) Use of funds.--Subject to paragraph (2), and except 
     as provided in paragraph (3), a State, territory, or Tribal 
     government shall only use the funds provided under a payment 
     made under this section, or transferred pursuant to section 
     603(c)(4), to cover costs incurred by the State, territory, 
     or Tribal government, by December 31, 2024--
       `` `(A) to respond to the public health emergency with 
     respect to the Coronavirus Disease 2019 (COVID-19) or its 
     negative economic impacts, including assistance to 
     households, small businesses, and nonprofits, or aid to 
     impacted industries such as tourism, travel, and hospitality;
       `` `(B) for the provision of government services to the 
     extent of the reduction in revenue of such State, territory, 
     or Tribal government due to such emergency; or
       `` `(C) to make necessary investments in water, sewer, or 
     broadband infrastructure.
       `` `(2) Further restriction on use of funds.--
       `` `(A) In general.--A State or territory shall not use the 
     funds provided under this section or transferred pursuant to 
     section 603(c)(4) to either directly or indirectly offset a 
     reduction in the net tax revenue of such State or territory 
     resulting from a change in law, regulation, or administrative 
     interpretation during the covered period that reduces any tax 
     (by providing for a reduction in a rate, a rebate, a 
     deduction, a credit, or otherwise) or delays the imposition 
     of any tax or tax increase.
       `` `(B) Pension funds.--No State or territory may use funds 
     made available under this section for deposit into any 
     pension fund.
       `` `(3) Transfer authority.--A State, territory, or Tribal 
     government receiving a payment from funds made available 
     under this section may transfer funds to a private nonprofit 
     organization (as that term is defined in paragraph (17) of 
     section 401 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11360(17)), a Tribal organization (as that term is 
     defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5304)), a public benefit 
     corporation involved in the transportation of passengers or 
     cargo, or a special-purpose unit of State or local 
     government.
       `` `(d) Certifications and Reports.--
       `` `(1) In general.--In order for a State or territory to 
     receive a payment under this section, or a transfer of funds 
     under section 603(c)(4), the State or territory shall provide 
     the Secretary with a certification, signed by an authorized 
     officer of such State or territory, that such State or 
     territory requires the payment or transfer to carry out the 
     activities specified in subsection (c) of this section and 
     will use any payment under this section, or transfer of funds 
     under section 603(c)(4), in compliance with subsection (c) of 
     this section.
       `` `(2) Reporting.--Any State, territory, or Tribal 
     government receiving a payment under this section shall 
     provide to the Secretary periodic reports providing a 
     detailed accounting of--
       `` `(A) the uses of funds by such State, territory, or 
     Tribal government, including, in the case of a State or a 
     territory, all modifications to the State's or territory's 
     tax revenue sources during the covered period; and
       `` `(B) such other information as the Secretary may require 
     for the administration of this section.
       `` `(e) Recoupment.--Any State, territory, or Tribal 
     government that has failed to comply with subsection (c) 
     shall be required to repay to the Secretary an amount equal 
     to the amount of funds used in violation of such subsection, 
     provided that, in the case of a violation of subsection 
     (c)(2)(A), the amount the State or territory shall be 
     required to repay shall be lesser of--
       `` `(1) the amount of the applicable reduction to net tax 
     revenue attributable to such violation; and
       `` `(2) the amount of funds received by such State or 
     territory pursuant to a payment made under this section or a 
     transfer made under section 603(c)(4).
       `` `(f) Regulations.--The Secretary shall have the 
     authority to issue such regulations as may be necessary or 
     appropriate to carry out this section.
       `` `(g) Definitions.--In this section:
       `` `(1) Covered period.--The term ``covered period'' means, 
     with respect to a State, territory, or Tribal government, the 
     period that--
       `` `(A) begins on March 3, 2021; and
       `` `(B) ends on the last day of the fiscal year of such 
     State, territory, or Tribal government in which all funds 
     received by the State, territory, or Tribal government from a 
     payment made under this section or a transfer made under 
     section 603(c)(4) have been expended or returned to, or 
     recovered by, the Secretary.
       `` `(2) Secretary.--The term ``Secretary'' means the 
     Secretary of the Treasury.
       `` `(3) State.--The term ``State'' means each of the 50 
     States and the District of Columbia.
       `` `(4) Territory.--The term ``territory'' means the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, and American Samoa.
       `` `(5) Tribal government.--The term ``Tribal Government'' 
     means the recognized governing body of any Indian or Alaska 
     Native tribe, band, nation, pueblo, village, community, 
     component band, or component reservation, individually 
     identified (including parenthetically) in the list published 
     most recently as of the date of enactment of this Act 
     pursuant to section 104 of the Federally Recognized Indian 
     Tribe List Act of 1994 (25 U.S.C. 5131).

     `` `SEC. 603. CORONAVIRUS LOCAL FISCAL RECOVERY FUND.

       `` `(a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2021, out of 
     any money in the Treasury not otherwise appropriated, 
     $120,200,000,000, to remain available through December 31, 
     2024, for making payments under this section to metropolitan 
     cities, nonentitlement units of local government, and 
     counties to mitigate the fiscal effects stemming from the 
     public health emergency with respect to the Coronavirus 
     Disease (COVID-19).
       `` `(b) Authority To Make Payments.--
       `` `(1) Metropolitan cities.--
       `` `(A) In general.--Of the amount appropriated under 
     subsection (a), the Secretary shall reserve $42,070,000,000 
     to make payments to metropolitan cities.

[[Page S1308]]

       `` `(B) Allocation and payment.--From the amount reserved 
     under subparagraph (A), the Secretary shall allocate and, in 
     accordance with paragraph (7), pay to each metropolitan city 
     an amount determined for the metropolitan city consistent 
     with the formula under section 106(b) of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5306(b)), except 
     that, in applying such formula, the Secretary shall 
     substitute ``all metropolitan cities'' for ``all metropolitan 
     areas'' each place it appears.
       `` `(2) Nonentitlement units of local government.--
       `` `(A) In general.--Of the amount appropriated under 
     subsection (a), the Secretary shall reserve $18,030,000,000 
     to make payments to States for distribution by the State to 
     nonentitlement units of local government in the State.
       `` `(B) Allocation and payment.--From the amount reserved 
     under subparagraph (A), the Secretary shall allocate and, in 
     accordance with paragraph (7), pay to each State an amount 
     which bears the same proportion to such reserved amount as 
     the total population of all nonentitlement units of local 
     government in the State bears to the total population of all 
     nonentitlement units of local government in all such States.
       `` `(C) Distribution to nonentitlement units of local 
     government.--
       `` `(i) In general.--Not later than 30 days after a State 
     receives a payment under subparagraph (B), the State shall 
     distribute to each nonentitlement unit of local government in 
     the State an amount that bears the same proportion to the 
     amount of such payment as the population of the 
     nonentitlement unit of local government bears to the total 
     population of all the nonentitlement units of local 
     government in the State, subject to clause (iii).
       `` `(ii) Distribution of funds.--

       `` `(I) Extension for distribution.--If an authorized 
     officer of a State required to make distributions under 
     clause (i) certifies in writing to the Secretary before the 
     end of the 30-day distribution period described in such 
     clause that it would constitute an excessive administrative 
     burden for the State to meet the terms of such clause with 
     respect to 1 or more such distributions, the authorized 
     officer may request, and the Secretary shall grant, an 
     extension of such period of not more than 30 days to allow 
     the State to make such distributions in accordance with 
     clause (i).
       `` `(II) Additional extensions.--

       `` `(aa) In general.--If a State has been granted an 
     extension to the distribution period under subclause (I) but 
     is unable to make all the distributions required under clause 
     (i) before the end of such period as extended, an authorized 
     officer of the State may request an additional extension of 
     the distribution period of not more than 30 days. The 
     Secretary may grant a request for an additional extension of 
     such period only if--
       `` `(AA) the authorized officer making such request 
     provides a written plan to the Secretary specifying, for each 
     distribution for which an additional extension is requested, 
     when the State expects to make such distribution and the 
     actions the State has taken and will take in order to make 
     all such distributions before the end of the distribution 
     period (as extended under subclause (I) and this subclause); 
     and
       `` `(BB) the Secretary determines that such plan is 
     reasonably designed to distribute all such funds to 
     nonentitlement units of local government by the end of the 
     distribution period (as so extended).
       `` `(bb) Further additional extensions.--If a State granted 
     an additional extension of the distribution period under item 
     (aa) requires any further additional extensions of such 
     period, the request only may be made and granted subject to 
     the requirements specified in item (aa).
       `` `(iii) Capped amount.--The total amount distributed to a 
     nonentitlement unit of local government under this paragraph 
     may not exceed the amount equal to 75 percent of the most 
     recent budget for the nonentitlement unit of local government 
     as of January 27, 2020.
       `` `(iv) Return of excess amounts.--Any amounts not 
     distributed to a nonentitlement unit of local government as a 
     result of the application of clause (iii) shall be returned 
     to the Secretary.
       `` `(D) Penalty for noncompliance.--If, by the end of the 
     120-day period that begins on the date a State receives a 
     payment from the amount allocated under subparagraph (B) or, 
     if later, the last day of the distribution period for the 
     State (as extended with respect to the State under 
     subparagraph (C)(ii)), such State has failed to make all the 
     distributions from such payment in accordance with the terms 
     of subparagraph (C) (including any extensions of the 
     distribution period granted in accordance with such 
     subparagraph), an amount equal to the amount of such payment 
     that remains undistributed as of such date shall be booked as 
     a debt of such State owed to the Federal Government, shall be 
     paid back from the State's allocation provided under section 
     602(b)(3)(B)(iii), and shall be deposited into the general 
     fund of the Treasury.
       `` `(3) Counties.--
       `` `(A) Amount.--From the amount appropriated under 
     subsection (a), the Secretary shall reserve and allocate 
     $60,100,000,000 of such amount to make payments directly to 
     counties in an amount which bears the same proportion to the 
     total amount reserved under this paragraph as the population 
     of each such county bears to the total population of all such 
     entities and shall pay such allocated amounts to such 
     counties in accordance with paragraph (7).
       `` `(B) Special rules.--
       `` `(i) Urban counties.--No county that is an ``urban 
     county'' (as defined in section 102 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5302)) shall 
     receive less than the amount the county would otherwise 
     receive if the amount paid under this paragraph were 
     allocated to metropolitan cities and urban counties under 
     section 106(b) of the Housing and Community Development Act 
     of 1974 (42 U.S.C. 5306(b)).
       `` `(ii) Counties that are not units of general local 
     government.--In the case of an amount to be paid to a county 
     that is not a unit of general local government, the amount 
     shall instead be paid to the State in which such county is 
     located, and such State shall distribute such amount to each 
     unit of general local government within such county in an 
     amount that bears the same proportion to the amount to be 
     paid to such county as the population of such units of 
     general local government bears to the total population of 
     such county.
       `` `(iii) District of columbia.--For purposes of this 
     paragraph, the District of Columbia shall be considered to 
     consist of a single county that is a unit of general local 
     government.
       `` `(4) Consolidated governments.--A unit of general local 
     government that has formed a consolidated government, or that 
     is geographically contained (in full or in part) within the 
     boundaries of another unit of general local government may 
     receive a distribution under each of paragraphs (1), (2), and 
     (3), as applicable, based on the respective formulas 
     specified in such paragraphs.
       `` `(5) Pro rata adjustment authority.--The amounts 
     otherwise determined for allocation and payment under 
     paragraphs (1), (2), and (3) may be adjusted by the Secretary 
     on a pro rata basis to the extent necessary to ensure that 
     all available funds are distributed to metropolitan cities, 
     counties, and States in accordance with the requirements 
     specified in each paragraph (as applicable) and the 
     certification requirement specified in subsection (d).
       `` `(6) Population.--For purposes of determining 
     allocations under this section, the population of an entity 
     shall be determined based on the most recent data are 
     available from the Bureau of the Census or, if not available, 
     from such other data as a State determines appropriate.
       `` `(7) Timing.--
       `` `(A) First tranche amount.--To the extent practicable, 
     with respect to each metropolitan city for which an amount is 
     allocated under paragraph (1), each State for which an amount 
     is allocated under paragraph (2) for distribution to 
     nonentitlement units of local government, and each county for 
     which an amount is allocated under paragraph (3), the 
     Secretary shall pay from such allocation the First Tranche 
     Amount for such city, State, or county not later than 60 days 
     after the date of enactment of this section.
       `` `(B) Second tranche amount.--The Secretary shall pay to 
     each metropolitan city for which an amount is allocated under 
     paragraph (1), each State for which an amount is allocated 
     under paragraph (2) for distribution to nonentitlement units 
     of local government, and each county for which an amount is 
     allocated under paragraph (3), the Second Tranche Amount for 
     such city, State, or county not earlier than 12 months after 
     the date on which the First Tranche Amount is paid to the 
     city, State, or county.
       `` `(c) Requirements.--
       `` `(1) Use of funds.--Subject to paragraph (2), and except 
     as provided in paragraphs (3) and (4), a metropolitan city, 
     nonentitlement unit of local government, or county shall only 
     use the funds provided under a payment made under this 
     section to cover costs incurred by the metropolitan city, 
     nonentitlement unit of local government, or county, by 
     December 31, 2024--
       `` `(A) to respond to the public health emergency with 
     respect to the Coronavirus Disease 2019 (COVID-19) or its 
     negative economic impacts, including assistance to 
     households, small businesses, and nonprofits, or aid to 
     impacted industries such as tourism, travel, and hospitality;
       `` `(B) for the provision of government services to the 
     extent of the reduction in revenue of such metropolitan city, 
     nonentitlement unit of local government, or county due to 
     such emergency; or
       `` `(C) to make necessary investments in water, sewer, or 
     broadband infrastructure.
       `` `(2) Pension funds.--No metropolitan city, 
     nonentitlement unit of local government, or county may use 
     funds made available under this section for deposit into any 
     pension fund.
       `` `(3) Transfer authority.--A metropolitan city, 
     nonentitlement unit of local government, or county receiving 
     a payment from funds made available under this section may 
     transfer funds to a private nonprofit organization (as that 
     term is defined in paragraph (17) of section 401 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(17)), 
     a public benefit corporation involved in the transportation 
     of passengers or cargo, or a special-purpose unit of State or 
     local government.
       `` `(4) Transfers to states.--Notwithstanding paragraph 
     (1), a metropolitan city, nonentitlement unit of local 
     government, or county receiving a payment from funds made 
     available under this section may transfer such funds to the 
     State in which such entity is located.

[[Page S1309]]

       `` `(d) Reporting.--Any metropolitan city, nonentitlement 
     unit of local government, or county receiving funds provided 
     under a payment made under this section shall provide to the 
     Secretary periodic reports providing a detailed accounting of 
     the uses of such funds by such metropolitan city, 
     nonentitlement unit of local government, or county and 
     including such other information as the Secretary may require 
     for the administration of this section.
       `` `(e) Recoupment.--Any metropolitan city, nonentitlement 
     unit of local government, or county that has failed to comply 
     with subsection (c) shall be required to repay to the 
     Secretary an amount equal to the amount of funds used in 
     violation of such subsection.
       `` `(f) Regulations.--The Secretary shall have the 
     authority to issue such regulations as may be necessary or 
     appropriate to carry out this section.
       `` `(g) Definitions.--In this section:
       `` `(1) County.--The term ``county'' means a county, 
     parish, or other equivalent county division (as defined by 
     the Bureau of the Census).
       `` `(2) Covered period.--The term ``covered period'' means, 
     with respect to a metropolitan city, nonentitlement unit of 
     local government, or county receiving funds under this 
     section, the period that--
       `` `(A) begins on March 3, 2021; and
       `` `(B) ends on the last day of the fiscal year of the 
     metropolitan city, nonentitlement unit of local government, 
     or county in which all of the funds received by the 
     metropolitan city, nonentitlement unit of local government, 
     or county under this section have been expended or returned 
     to, or recovered by, the Secretary.
       `` `(3) First tranche amount.--The term ``First Tranche 
     Amount'' means, with respect to each metropolitan city for 
     which an amount is allocated under subsection (b)(1), each 
     State for which an amount is allocated under subsection 
     (b)(2) for distribution to nonentitlement units of local 
     government, and each county for which an amount is allocated 
     under subsection (b)(3), 50 percent of the amount so 
     allocated to such metropolitan city, State, or county (as 
     applicable).
       `` `(4) Metropolitan city.--The term ``metropolitan city'' 
     has the meaning given that term in section 102(a)(4) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5302(a)(4)) and includes cities that relinquish or defer 
     their status as a metropolitan city for purposes of receiving 
     allocations under section 106 of such Act (42 U.S.C. 5306) 
     for fiscal year 2021.
       `` `(5) Nonentitlement unit of local government.--The term 
     ``nonentitlement unit of local government'' means a ``city'', 
     as that term is defined in section 102(a)(5) of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 
     5302(a)(5))), that is not a metropolitan city.
       `` `(6) Second tranche amount.--The term ``Second Tranche 
     Amount'' means, with respect to each metropolitan city for 
     which an amount is allocated under subsection (b)(1), each 
     State for which an amount is allocated under subsection 
     (b)(2) for distribution to nonentitlement units of local 
     government, and each county for which an amount is allocated 
     under subsection (b)(3), an amount not to exceed 50 percent 
     of the amount so allocated to such metropolitan city, State, 
     or county (as applicable).
       `` `(7) Secretary.--The term ``Secretary'' means the 
     Secretary of the Treasury.
       `` `(8) State.--The term ``State'' means each of the 50 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the United States Virgin Islands, Guam, the 
     Commonwealth of the Northern Mariana Islands, and American 
     Samoa.
       `` `(9) Unit of general local government.--The term ``unit 
     of general local government'' has the meaning given that term 
     in section 102(a)(1) of the Housing and Community Development 
     Act of 1974 (42 U.S.C. 5302(a)(1)).

     `` `SEC. 604. CORONAVIRUS CAPITAL PROJECTS FUND.

       `` `(a) Appropriation.--In addition to amounts otherwise 
     available, there is appropriated for fiscal year 2021, out of 
     any money in the Treasury not otherwise appropriated, 
     $10,000,000,000, to remain available until expended, for 
     making payments to States, territories, and Tribal 
     governments to carry out critical capital projects directly 
     enabling work, education, and health monitoring, including 
     remote options, in response to the public health emergency 
     with respect to the Coronavirus Disease (COVID-19).
       `` `(b) Payments to Each of the 50 States and the District 
     of Columbia.--
       `` `(1) Minimum amounts.--From the amount appropriated 
     under subsection (a)--
       `` `(A) the Secretary shall pay $100,000,000 to each State;
       `` `(B) the Secretary shall pay $100,000,000 to the 
     Commonwealth of Puerto Rico and $100,000,000 to the District 
     of Columbia;
       `` `(C) the Secretary shall pay $100,000,000 of such amount 
     in equal shares to the United States Virgin Islands, Guam, 
     American Samoa, the Commonwealth of the Northern Mariana 
     Islands, the Republic of the Marshall Islands, the Federated 
     States of Micronesia, and the Republic of Palau; and
       `` `(D) the Secretary shall pay $100,000,000 of such amount 
     to Tribal governments and the State of Hawaii (in addition to 
     the amount paid to the State of Hawaii under subparagraph 
     (A)), of which--
       `` `(i) not less than $50,000 shall be paid to each Tribal 
     government; and
       `` `(ii) not less than $50,000 shall be paid to the State 
     of Hawaii for the exclusive use of the Department of Hawaiian 
     Home Lands and the Native Hawaiian Education Programs to 
     assist Native Hawaiians in accordance with this section.
       `` `(2) Remaining amounts.--
       `` `(A) In general.--From the amount of the appropriation 
     under subsection (a) that remains after the application of 
     paragraph (1), the Secretary shall make payments to States 
     based on population such that--
       `` `(i) 50 percent of such amount shall be allocated among 
     the States based on the proportion that the population of 
     each State bears to the population of all States;
       `` `(ii) 25 percent of such amount shall be allocated among 
     the States based on the proportion that the number of 
     individuals living in rural areas in each State bears to the 
     number of individuals living in rural areas in all States; 
     and
       `` `(iii) 25 percent of such amount shall be allocated 
     among the States based on the proportion that the number of 
     individuals with a household income that is below 150 percent 
     of the poverty line applicable to a family of the size 
     involved in each State bears to the number of such 
     individuals in all States.
       `` `(B) Data.--In determining the allocations to be made to 
     each State under subparagraph (A), the Secretary of the 
     Treasury shall use the most recent data available from the 
     Bureau of the Census.
       `` `(c) Timing.--The Secretary shall establish a process of 
     applying for grants to access funding made available under 
     section (b) not later than 60 days after enactment of this 
     section.
       `` `(d) Definitions.--In this section:
       `` `(1) Secretary.--The term ``Secretary'' means the 
     Secretary of the Treasury.
       `` `(2) State.--The term ``State'' means 1 of the 50 
     States.
       `` `(3) Tribal government.--The term ``Tribal government'' 
     has the meaning given such term in section 603(g).'.
       ``(2) Technical amendment.--The heading for title VI of the 
     Social Security Act (42 U.S.C. 801 et seq.) is amended by 
     striking `FUND' and inserting `AND FISCAL RECOVERY FUNDS'.''.

                      Subtitle N--Other Provisions

     SEC. 9911. FUNDING FOR PROVIDERS RELATING TO COVID-19.

       Section 301 of division BB of the Consolidated 
     Appropriations Act, 2021, as amended by this Act, is amended 
     by adding at the end the following new subsection:
       ``(l) Funding for Providers Related to COVID-19.--Part A of 
     title XI of the Social Security Act (42 U.S.C. 1301 et seq.) 
     is amended by adding at the end the following:

     `` `SEC. 1150C. FUNDING FOR PROVIDERS RELATING TO COVID-19.

       `` `(a) Funding.--In addition to amounts otherwise 
     available, there is appropriated to the Secretary, for fiscal 
     year 2021, out of any monies in the Treasury not otherwise 
     appropriated, $8,500,000,000 for purposes of making payments 
     to eligible health care providers for health care related 
     expenses and lost revenues that are attributable to COVID-19. 
     Amounts appropriated under the preceding sentence shall 
     remain available until expended.
       `` `(b) Special Rule Regarding Parent Organizations.--In 
     the case of any payment made under this section to an 
     eligible health care provider, but which is received by a 
     parent organization of such provider, such parent 
     organization shall allocate all of such payment to such 
     provider.
       `` `(c) Application Requirement.--To be eligible for a 
     payment under this section, an eligible health care provider 
     shall submit to the Secretary an application in such form and 
     manner as the Secretary shall prescribe. Such application 
     shall contain the following:
       `` `(1) A statement justifying the need of the provider for 
     the payment, including documentation of the health care 
     related expenses attributable to COVID-19 and lost revenues 
     attributable to COVID-19.
       `` `(2) The tax identification number of the provider.
       `` `(3) Such assurances as the Secretary determines 
     appropriate that the eligible health care provider will 
     maintain and make available such documentation and submit 
     such reports (at such time, in such form, and containing such 
     information as the Secretary shall prescribe) as the 
     Secretary determines is necessary to ensure compliance with 
     any conditions imposed by the Secretary under this section.
       `` `(4) Any other information determined appropriate by the 
     Secretary.
       `` `(d) Limitation.--Payments made to an eligible health 
     care provider under this section may not be used to reimburse 
     any expense or loss that--
       `` `(1) has been reimbursed from another source; or
       `` `(2) another source is obligated to reimburse.
       `` `(e) Application of Requirements, Rules, and 
     Procedures.--The Secretary shall apply any requirements, 
     rules, or procedures as the Secretary deems appropriate for 
     the efficient execution of this section.
       `` `(f) Definitions.--In this section:
       `` `(1) Eligible health care provider.--The term ``eligible 
     health care provider'' means--
       `` `(A) a provider of services (as defined in section 
     1861(u)) or a supplier (as defined in section 1861(d)) that--
       `` `(i) is enrolled in the Medicare program under title 
     XVIII under section 1866(j), including temporarily enrolled 
     during the

[[Page S1310]]

     emergency period described in section 1135(g)(1)(B) for such 
     period;
       `` `(ii) provides diagnoses, testing, or care for 
     individuals with possible or actual cases of COVID-19; and
       `` `(iii) is located in a rural area or treated as located 
     in a rural area pursuant to section 1886(d)(8)(E); or
       `` `(B) a provider or supplier that--
       `` `(i) is enrolled with a State Medicaid plan under title 
     XIX (or a waiver of such plan) in accordance with subsections 
     (a)(77) and (kk) of section 1902 (including enrolled pursuant 
     to section 1902(a)(78) or section 1932(d)(6)) or enrolled 
     with a State child health plan under title XXI (or a waiver 
     of such plan) in accordance with subparagraph (G) of section 
     2107(e)(1) (including enrolled pursuant to subparagraph (D) 
     or (Q) of such section);
       `` `(ii) provides diagnoses, testing, or care for 
     individuals with possible or actual cases of COVID-19; and
       `` `(iii) is located in a rural area.
       `` `(2) Health care related expenses attributable to covid-
     19.--The term ``health care related expenses attributable to 
     COVID-19'' means health care related expenses to prevent, 
     prepare for, and respond to COVID-19, including the building 
     or construction of a temporary structure, the leasing of a 
     property, the purchase of medical supplies and equipment, 
     including personal protective equipment and testing supplies, 
     providing for increased workforce and training, including 
     maintaining staff, obtaining additional staff, or both, the 
     operation of an emergency operation center, retrofitting a 
     facility, providing for surge capacity, and other expenses 
     determined appropriate by the Secretary.
       `` `(3) Lost revenue attributable to covid-19.--The term 
     ``lost revenue attributable to COVID-19'' has the meaning 
     given that term in the Frequently Asked Questions guidance 
     released by the Department of Health and Human Services in 
     June 2020, including the difference between such provider's 
     budgeted and actual revenue if such budget had been 
     established and approved prior to March 27, 2020.
       `` `(4) Payment.-- The term ``payment'' includes, as 
     determined appropriate by the Secretary, a pre-payment, a 
     prospective payment, a retrospective payment, or a payment 
     through a grant or other mechanism.
       `` `(5) Rural area.--The term ``rural area'' means--
       `` `(A) a rural area (as defined in section 1886(d)(2)(D)); 
     or
       `` `(B) any other rural area (as defined by the 
     Secretary).'.

     SEC. 9912. EXTENSION OF CUSTOMS USER FEES.

       (a) In General.--Section 13031(j)(3) of the Consolidated 
     Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
     58c(j)(3)) is amended--
       (1) in subparagraph (A), by striking ``October 21, 2029'' 
     and inserting ``September 30, 2030''; and
       (2) in subparagraph (B)(i), by striking ``October 21, 
     2029'' and inserting ``September 30, 2030''.
       (b) Rate for Merchandise Processing Fees.--Section 503 of 
     the United States-Korea Free Trade Agreement Implementation 
     Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended by 
     striking ``October 21, 2029'' and inserting ``September 30, 
     2030''.

                TITLE X--COMMITTEE ON FOREIGN RELATIONS

     SEC. 10001. ADDITIONAL FUNDING FOR THE DEPARTMENT OF STATE 
                   AND FOR FOREIGN ASSISTANCE.

       Part I of the Foreign Assistance Act (22 U.S.C. 2151 et 
     seq.) is amended by adding at the end the following:

                  ``CHAPTER 13--MISCELLANEOUS FUNDING

     ``SEC. 500A. DEPARTMENT OF STATE OPERATIONS.

       ``In addition to amounts otherwise available, there is 
     authorized and appropriated to the Secretary of State for 
     fiscal year 2021, out of any money in the Treasury not 
     otherwise appropriated, $204,000,000, to remain available 
     until September 30, 2022, for necessary expenses of the 
     Department of State to carry out the authorities, functions, 
     duties, and responsibilities in the conduct of the foreign 
     affairs of the United States, to prevent, prepare for, and 
     respond to coronavirus domestically or internationally, which 
     shall include maintaining Department of State operations.

     ``SEC. 500B. UNITED STATES AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT OPERATIONS.

       ``In addition to amounts otherwise available, there is 
     authorized and appropriated to the Administrator of the 
     United States Agency for International Development for fiscal 
     year 2021, out of any money in the Treasury not otherwise 
     appropriated, $41,000,000, to remain available until 
     September 30, 2022, to carry out the provisions of section 
     667 for necessary expenses of the United States Agency for 
     International Development to prevent, prepare for, and 
     respond to coronavirus domestically or internationally, and 
     for other operations and maintenance requirements related to 
     coronavirus.

     ``SEC. 500C. GLOBAL RESPONSE.

       ``(a) In General.--In addition to amounts otherwise 
     available, there is authorized and appropriated to the 
     Secretary of State for fiscal year 2021, out of any money in 
     the Treasury not otherwise appropriated, $8,675,000,000, to 
     remain available until September 30, 2022, for necessary 
     expenses to carry out the provisions of section 531 of 
     chapter 4 of part II as health programs to prevent, prepare 
     for, and respond to coronavirus, which shall include recovery 
     from the impacts of such virus and shall be allocated as 
     follows--
       ``(1) $905,000,000 to be made available to the United 
     States Agency for International Development for global health 
     activities to prevent, prepare for, and respond to 
     coronavirus, which shall include a contribution to a 
     multilateral vaccine development partnership to support 
     epidemic preparedness;
       ``(2) $3,750,000,000 to be made available to the Department 
     of State to support programs for the prevention, treatment, 
     and control of HIV/AIDS in order to prevent, prepare for, and 
     respond to coronavirus, including to mitigate the impact on 
     such programs from coronavirus and support recovery from the 
     impacts of the coronavirus, of which not less than 
     $3,500,000,000 shall be for a United States contribution to 
     the Global Fund to Fight AIDS, Tuberculosis and Malaria;
       ``(3) $3,090,000,000 to be made available to the United 
     States Agency for International Development to prevent, 
     prepare for, and respond to coronavirus, which shall include 
     support for international disaster relief, rehabilitation, 
     and reconstruction, for health activities, and to meet 
     emergency food security needs; and
       ``(4) $930,000,000 to be made available to prevent, prepare 
     for, and respond to coronavirus, which shall include 
     activities to address economic and stabilization requirements 
     resulting from such virus.
       ``(b) Waiver of Limitation.--Any contribution to the Global 
     Fund to Fight AIDS, Tuberculosis and Malaria made pursuant to 
     subsection (a)(2) shall be made available notwithstanding 
     section 202(d)(4)(A)(i) of the United States Leadership 
     Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 
     U.S.C. 7622(d)(4)(A)(i)), and such contribution shall not be 
     considered a contribution for the purpose of applying such 
     section 202(d)(4)(A)(i).

     ``SEC. 500D. HUMANITARIAN RESPONSE.

       ``(a) In General.--In addition to amounts otherwise 
     available, there is authorized and appropriated to the 
     Secretary of State for fiscal year 2021, out of any money in 
     the Treasury not otherwise appropriated, $500,000,000, to 
     remain available until September 30, 2022, to carry out the 
     provisions of section 2(a) and (b) of the Migration and 
     Refugee Assistance Act of 1962 (22 U.S.C. 2601(a) and (b)) to 
     prevent, prepare for, and respond to coronavirus.
       ``(b) Use of Funds.--Funds appropriated pursuant to this 
     section shall not be made available for the costs of 
     resettling refugees in the United States.

     ``SEC. 500E. MULTILATERAL ASSISTANCE.

       ``In addition to amounts otherwise available, there is 
     authorized and appropriated to the Secretary of State for 
     fiscal year 2021, out of any money in the Treasury not 
     otherwise appropriated, $580,000,000, to remain available 
     until September 30, 2022, to carry out the provisions of 
     section 301(a) to prevent, prepare for, and respond to 
     coronavirus, which shall include support for the priorities 
     and objectives of the United Nations Global Humanitarian 
     Response Plan COVID-19 through voluntary contributions to 
     international organizations and programs administered by such 
     organizations.''.
                                 ______