[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1314-S1317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1124. Mr. LEE 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:

[[Page S1315]]

  


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

       (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 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 July 
     31, 2021, 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.
       ``(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 July 31, 2021--
       ``(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).

[[Page S1316]]

       ``(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).
       ``(h) Rescission of Funds.--Any funds made available under 
     this section that are unobligated on August 1, 2021, shall be 
     returned to the general fund of the Treasury.

     ``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 July 31, 2021, 
     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.
       ``(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,

[[Page S1317]]

     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 July 
     31, 2021--
       ``(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.
       ``(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)).
       ``(h) Rescission of Funds.--Any funds made available under 
     this section that are unobligated on August 1, 2021, shall be 
     returned to the general fund of the Treasury.

     ``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).''.
       (b) Conforming 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 ``, FISCAL RECOVERY, AND 
     CRITICAL CAPITAL PROJECTS FUNDS''.
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