[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1385-S1386]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1364. Mr. ROMNEY 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:

       Beginning on page 575, strike line 21 and all that follows 
     through page 587, line 12, and insert 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 until 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 among 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 relative 
     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).
       ``(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 Tribal government; and
       ``(ii) $19,000,000,000 shall be allocated by the Secretary 
     among each Tribal government in an amount 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).
       ``(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), the Secretary shall allocate to each of the 
     50 States and the District of Columbia, upon application to 
     the Secretary, an amount that shall not exceed the sum of--
       ``(i) the total amount of necessary expenditures incurred 
     by the State or District of Columbia between March 1, 2020, 
     and March 31, 2021, for necessary expenditures incurred due 
     to the public health emergency with respect to the 
     Coronavirus Disease 2019 (COVID-19) (as such term was defined 
     by the Secretary for purposes of applying section 601(d)(1) 
     on or before the date of enactment of this section);
       ``(ii) the amount (if any) by which--

       ``(I) the total amount of tax revenue collected by the 
     State or District of Columbia in the second, third, and 
     fourth calendar quarters of 2019 (as published by the Bureau 
     of the Census in the Quarterly Summary of State and Local Tax 
     Revenue); exceeds
       ``(II) the total amount of such revenue collected by the 
     State or District of Columbia in the second, third, and 
     fourth calendar quarters of 2020 (as so published); and

       ``(iii) the amount (if any) by which--

       ``(I) the total amount expended by the State or District of 
     Columbia for medical assistance furnished under the State 
     Medicaid plan under title XIX (or a waiver of such plan) in 
     the second, third, and fourth calendar quarters of 2020 
     (reduced by the total amount of any Federal payments received 
     or scheduled to be received by the State or the District of 
     Columbia with respect to such expenditures that are 
     attributable to the increase to the Federal medical 
     assistance percentage for the State or the District of 
     Columbia under section 6008 of the Families First Coronavirus 
     Response Act (Public Law 116-127)); exceeds
       ``(II) the total amount expended by the State or District 
     of Columbia for medical assistance furnished under such plan 
     or waiver in the second, third, and fourth calendar quarters 
     of 2019.

[[Page S1386]]

       ``(C) Payment.--The Secretary shall pay each of the 50 
     States and the District of Columbia the amount allocated for 
     the State and District of Columbia under subparagraph (B).
       ``(4) 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.
       ``(5) Timing.--To the extent practicable, with respect to 
     each State, territory, and Tribal government allocated a 
     payment under this subsection, the Secretary shall make the 
     payment required for the State, territory, or Tribal 
     government (as applicable) not later than 60 days after the 
     date on which the certification required under subsection (d) 
     is provided to the Secretary.
       ``(6) Pro rata adjustment authority.--
       ``(A) In general.--Subject to subparagraph (B), 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 territories, Tribal 
     governments, and States in accordance with the requirements 
     specified in each paragraph (as applicable) and the 
     certification requirement specified in subsection (d).
       ``(B) Unallocated amounts.--Any amounts from the amount 
     reserved under paragraph (3)(A) that are not allocated by the 
     Treasury under paragraph (3)(B) shall be returned to the 
     general fund of the Treasury.
       ``(c) Requirements.--
       ``(1) Use of funds.--Subject to paragraph (2), and except 
     as provided under 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--
       ``(A) respond to or mitigate the public health emergency 
     with respect to the Coronavirus Disease 2019 (COVID-19) or 
     its negative economic impacts;
       ``(B) cover costs incurred as a result of such emergency; 
     or
       ``(C) replace revenue that was lost, delayed, or decreased 
     (as published by the Bureau of the Census in the Quarterly 
     Summary of State and Local Tax Revenue) as a result of such 
     emergency.
       ``(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 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).
                                 ______