[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1310-S1311]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1118. Mr. GRAHAM (for himself and Mr. Marshall) 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 insert the following:

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

       (a) 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 FISCAL RECOVERY FUND.

       ``(a) Appropriation.--
       ``(1) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated for making payments to States, Tribal 
     governments, and units of local government under this 
     section, $350,000,000,000 for fiscal year 2021.
       ``(2) Reservation of funds.--Of the amount appropriated 
     under paragraph (1), the Secretary shall reserve--
       ``(A) $4,500,000,000 for making payments to 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; and
       ``(B) $20,000,000,000 for making payments to Tribal 
     governments.
       ``(b) Authority to Make Payments.--Not later than 30 days 
     after the date of enactment of this section, the Secretary 
     shall pay each State and Tribal government the amount 
     determined for the State or Tribal government for fiscal year 
     2021 under subsection (c).

[[Page S1311]]

       ``(c) Payment Amounts.--
       ``(1) In general.--Subject to paragraph (2), the amount 
     paid under this section for fiscal year 2021 to a State that 
     is 1 of the 50 States shall be the amount equal to the 
     relative population proportion amount determined for the 
     State under paragraph (3) for such fiscal year.
       ``(2) Minimum payment.--
       ``(A) In general.--No State that is 1 of the 50 States 
     shall receive a payment under this section for fiscal year 
     2021 that is less than $2,927,000,000.
       ``(B) Pro rata adjustments.--The Secretary shall adjust on 
     a pro rata basis the amount of the payments for each of the 
     50 States determined under this subsection without regard to 
     this subparagraph to the extent necessary to comply with the 
     requirements of subparagraph (A).
       ``(3) Relative population proportion amount.--For purposes 
     of paragraph (1), the relative population proportion amount 
     determined under this paragraph for a State for fiscal year 
     2021 is the product of--
       ``(A) the amount appropriated under paragraph (1) of 
     subsection (a) for fiscal year 2021 that remains after the 
     application of paragraph (2) of that subsection; and
       ``(B) the relative State population proportion (as defined 
     in paragraph (4)).
       ``(4) Relative state population proportion defined.--For 
     purposes of paragraph (3)(B), the term `relative State 
     population proportion' means, with respect to a State, the 
     quotient of--
       ``(A) the population of the State; and
       ``(B) the total population of all States (excluding the 
     District of Columbia and territories specified in subsection 
     (a)(2)(A)).
       ``(5) District of columbia and territories.--The amount 
     paid under this section for fiscal year 2021 to a State that 
     is the District of Columbia or a territory specified in 
     subsection (a)(2)(A) shall be the amount equal to the product 
     of--
       ``(A) the amount set aside under subsection (a)(2)(A) for 
     such fiscal year; and
       ``(B) each such District's and territory's share of the 
     combined total population of the District of Columbia and all 
     such territories, as determined by the Secretary.
       ``(6) Tribal governments.--From the amount set aside under 
     subsection (a)(2)(B) for fiscal year 2021, the amount paid 
     under this section for fiscal year 2021 to a Tribal 
     government shall be the amount the Secretary shall determine, 
     in consultation with the Secretary of the Interior and Indian 
     Tribes, that is based on increased expenditures of each such 
     Tribal government (or a tribally-owned entity of such Tribal 
     government) relative to aggregate expenditures in fiscal year 
     2019 by the Tribal government (or tribally-owned entity) and 
     determined in such manner as the Secretary determines 
     appropriate to ensure that all amounts available under 
     subsection (a)(2)(B) for fiscal year 2021 are distributed to 
     Tribal governments.
       ``(7) Data.--For purposes of this subsection, the 
     population of States shall be determined based on the most 
     recent year for which data are available from the Bureau of 
     the Census.
       ``(d) Use of Funds.--
       ``(1) In general.--Subject to paragraph (2), a State or 
     Tribal government shall use the funds provided under a 
     payment made under this section to cover only those costs of 
     the State or Tribal government that--
       ``(A) are necessary expenditures incurred due to the public 
     health emergency with respect to the Coronavirus Disease 2019 
     (COVID-19);
       ``(B) were not accounted for in the budget most recently 
     approved as of the date of enactment of this section for the 
     State or government; and
       ``(C) were incurred during the period that begins on March 
     1, 2020, and ends on December 31, 2022.
       ``(2) State distributions to units of local government.--
       ``(A) In general.--Each State (other than the District of 
     Columbia) shall distribute 45 percent of the amount allocated 
     and paid to the State under this section to units of local 
     government in the State in accordance with this paragraph.
       ``(B) Manner of distribution.--A State shall allocate the 
     amount that the State is required to distribute among units 
     of local government in the State based on the population of 
     each such unit of local government (as determined by the 
     State) relative to the population of all units of local 
     government in the State.
       ``(C) Application of uses of funds.--The limitations on the 
     uses of funds described in paragraph (1) shall apply to 
     amounts distributed to a unit of local government under this 
     paragraph in the same manner that such limitations apply to a 
     payment to a State under this subsection.
       ``(e) Inspector General Oversight; Recoupment.--
       ``(1) Oversight authority.--The Inspector General of the 
     Department of the Treasury shall conduct monitoring and 
     oversight of the receipt, disbursement, and use of funds made 
     available under this section.
       ``(2) Recoupment.--If the Inspector General of the 
     Department of the Treasury determines that a State, Tribal 
     government, or unit of local government has failed to comply 
     with subsection (d), the amount equal to the amount of funds 
     used in violation of such subsection shall be booked as a 
     debt of such entity owed to the Federal Government. Amounts 
     recovered under this subsection shall be deposited into the 
     general fund of the Treasury.
       ``(3) Funding.--The Inspector General of the Department of 
     the Treasury may use amounts appropriated under section 
     601(f)(3) to carry out oversight and recoupment activities 
     under this subsection.
       ``(4) Authority of inspector general.--Nothing in this 
     subsection shall be construed to diminish the authority of 
     any Inspector General, including such authority as provided 
     in the Inspector General Act of 1978 (5 U.S.C. App.).
       ``(f) Definitions.--In this section:
       ``(1) In general.--The terms `Indian Tribe', `Secretary', 
     `State', and `Tribal government' shall have the meaning given 
     such terms in section 601(g).
       ``(2) Unit of local government.--The term `unit of local 
     government' means a county, municipality, town, township, 
     village, parish, borough, or other unit of general government 
     below the State level.''.
       (b) 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''.
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