[Congressional Record Volume 167, Number 42 (Friday, March 5, 2021)]
[Senate]
[Pages S1401-S1406]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1398. Mr. SCHUMER proposed an amendment 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; as follows:
On page 17, line 25, strike ``(a)--'' and insert ``(a) for
purposes described in this subsection by--''.
On page 18, line 1, strike ``(1) to'' and insert ``(1)
using not less than 5 percent of the total amount of funding
provided under subsection (a) to''.
On page 18, line 9, strike ``(2) to'' and insert ``(2)
using not less than 5 percent of the total amount of funding
provided under subsection (a) to''.
On page 18, line 14, strike ``(3) to support'' and insert
``(3) using not less than 0.5 percent of the total amount of
funding provided under subsection (a) to fund''.
On page 18, lines 17 and 18, strike ``, using $5,000,000 of
the amount made available pursuant to subsection (a)''.
On page 18, line 19, strike ``(4) to'' and insert ``(4)
using not less than 5 percent of the total amount of funding
provided under subsection (a) to''.
On page 18, line 22, strike ``at--'' and insert ``by--''.
On page 18, line 23, insert ``using not less than 1 percent
of the total amount of funding provided under subsection (a)
at'' after ``(A)''.
On page 19, line 3, insert ``using not less than 1 percent
of the total amount of funding provided under subsection (a)
at'' after ``(B)''.
On page 19, line 7, insert ``using not less than 1 percent
of the total amount of funding provided under subsection (a)
at'' after ``(C)''.
On page 19, line 13, insert ``using not less than 1 percent
of the total amount of funding provided under subsection (a)
at'' after ``(D)''.
On page 19, line 18, insert ``using not less than 1 percent
of the total amount of funding provided under subsection (a)
at'' after ``(E)''.
On page 19, line 24, strike ``(5) to'' and insert ``using
not less than 5 percent of the total amount of funding
provided under subsection (a) to''.
On page 33, line 12, strike ``$125,804,800,000'' and insert
``$122,774,800,000''.
On page 34, line 2, strike ``87.5'' and insert ``90''.
On page 41, line 19, insert ``and'' after the semicolon.
Beginning on page 41, strike line 20 and all that follows
through page 42, line 6.
On page 42, line 7, strike ``(5)'' and insert ``(4)''.
On page 57, between lines 20 and 21, insert the following:
SEC. 2014. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) Amounts for IDEA.--There is appropriated to the
Secretary of Education for fiscal year 2021, out of any money
in the Treasury not otherwise appropriated--
(1) $2,580,000,000 for grants to States under part B of the
Individuals with Disabilities Education Act;
(2) $200,000,000 for preschool grants under section 619 of
the Individuals with Disabilities Education Act; and
(3) $250,000,000 for programs for infants and toddlers with
disabilities under part C of the Individuals with
Disabilities Education Act.
(b) General Provisions.--Any amount appropriated under
subsection (a) is in addition to other amounts appropriated
or made available for the applicable purpose.
On page 62, between lines 20 and 21, insert the following:
(c) Supplement Not Supplant.--Amounts made available to
carry out this section shall be used to supplement and not
supplant other Federal, State, and local public funds
expended to provide child care services for eligible
individuals.
On page 81, lines 19 and 20, strike ``use amounts described
in subsection (a) to'' and insert ``, out of amounts
described in subsection (a) to''.
Beginning on page 110, strike line 3 and all tht follows
through page 113, line 16, and insert the following:
SEC. 2901. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) In General.--Section 2(a)(5)(A) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is
amended--
(1) in the first sentence--
(A) by striking ``March 14, 2021'' and inserting
``September 6, 2021'';
(B) by striking ``or July 1, 2020'' and inserting ``July 1,
2020, or July 1, 2021''; and
(2) in the fourth sentence, by striking ``March 14, 2021''
and inserting ``September 6, 2021''.
(b) Clarification on Authority to Use Funds.--Funds
appropriated under subparagraph (B) of section 2(a)(5) of the
Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5))
shall be available to cover the cost of recovery benefits
provided under such section 2(a)(5) by reason of the
amendments made by subsection (a) as well as to cover the
cost of such benefits provided under such section 2(a)(5) as
in effect on the day before the date of enactment of this
Act.
SEC. 2902. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD
UNEMPLOYMENT INSURANCE ACT.
(a) In General.--Section 2(c)(2)(D) of the Railroad
Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)) is
amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``185 days'' and
inserting ``330 days'';
(B) in subclause (II),
(i) by striking ``19 consecutive 14-day periods'' and
inserting ``33 consecutive 14-day periods''; and
(ii) by striking ``6 consecutive 14-day periods'' and
inserting ``20 consecutive 14-day periods'';
(2) in clause (ii)--
[[Page S1402]]
(A) by striking ``120 days of unemployment'' and inserting
``265 days of unemployment'';
(B) by striking ``12 consecutive 14-day periods'' and
inserting ``27 consecutive 14-day periods''; and
(C) by striking ``6 consecutive 14-day periods'' and
inserting ``20 consecutive 14-day periods'';
(3) in clause (iii)--
(A) by striking ``June 30, 2021'' and inserting ``June 30,
2022''; and
(B) by striking ``the provisions of clauses (i) and (ii)
shall not apply to any employee whose extended benefit period
under subparagraph (B) begins after March 14, 2021, and shall
not apply to any employee with respect to any registration
period beginning after April 5, 2021.'' and inserting ``the
provisions of clauses (i) and (ii) shall not apply to any
employee with respect to any registration period beginning
after September 6, 2021.''; and
(4) in clause (v), by adding at the end the following: ``In
addition to the amount appropriated by the preceding two
sentences, out of any funds in the Treasury not otherwise
appropriated, there are appropriated $2,000,000 to cover the
cost of additional extended unemployment benefits provided
under this subparagraph, to remain available until
expended.''.
(b) Clarification on Authority to Use Funds.--Funds
appropriated under the first, second, or third sentence of
clause (v) of section 2(c)(2)(D) of the Railroad Unemployment
Insurance Act shall be available to cover the cost of
additional extended unemployment benefits provided under such
section 2(c)(2)(D) by reason of the amendments made by
subsection (a) as well as to cover the cost of such benefits
provided under such section 2(c)(2)(D) as in effect on the
day before the date of enactment of this Act.
SEC. 2903. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD
FOR BENEFITS UNDER THE RAILROAD UNEMPLOYMENT
INSURANCE ACT.
(a) In General.--Section 2112(a) of the CARES Act (15
U.S.C. 9030(a)) is amended by striking ``March 14, 2021'' and
inserting ``September 6, 2021''.
(b) Clarification on Authority To Use Funds.--Funds
appropriated under section 2112(c) of the CARES Act (15
U.S.C. 9030(c)) shall be available to cover the cost of
additional benefits payable due to section 2112(a) of such
Act by reason of the amendments made by subsection (a) as
well as to cover the cost of such benefits payable due to
such section 2112(a) as in effect on the day before the date
of enactment of this Act.
On page 116, between lines 9 and 10, insert the following:
(c) Definition.--In this section, the term ``State'' means
each of the 50 States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, American Samoa,
Guam, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
On page 121, lines 1 through 3, strike ``notwithstanding
section 304(e) of the Defense Production Act of 1950 (50
U.S.C. 4534(e)),''.
Beginning on page 166, strike line 16 and all that follows
through page 167, line 12.
On page 167, line 13, strike ``(f)'' and insert ``(d)''.
On page 169, line 7, strike ``(g)'' and insert ``(e)''.
On page 169, line 18, strike ``(h)'' and insert ``(f)''.
On page 171, line 18, strike ``(i)'' and insert ``(g)''.
On page 175, line 7, strike ``that--'' and insert ``that''.
On page 175, line 8, strike ``(I)''.
On page 175, line 12, strike ``costs;'' and insert
``costs.''
Beginning on page 175, strike line 13 and all that follows
through page 176, line 3.
On page 194, after line 25, add the following:
SEC. 4015. ELIGIBILITY FOR WORKERS' COMPENSATION BENEFITS FOR
FEDERAL EMPLOYEES DIAGNOSED WITH COVID-19.
(a) In General.--Subject to subsection (c), a covered
employee shall, with respect to any claim made by or on
behalf of the covered employee for benefits under subchapter
I of chapter 81 of title 5, United States Code, be deemed to
have an injury proximately caused by exposure to the novel
coronavirus arising out of the nature of the covered
employee's employment. Such covered employee, or a
beneficiary of such an employee, shall be entitled to such
benefits for such claim, including disability compensation,
medical services, and survivor benefits.
(b) Definitions.--In this section:
(1) Covered employee.--
(A) In general.--The term ``covered employee'' means an
individual--
(i) who is an employee under section 8101(1) of title 5,
United States Code, employed in the Federal service at
anytime during the period beginning on January 27, 2020, and
ending on January 27, 2023;
(ii) who is diagnosed with COVID-19 during such period; and
(iii) who, during a covered exposure period prior to such
diagnosis, carries out duties that--
(I) require contact with patients, members of the public,
or co-workers; or
(II) include a risk of exposure to the novel coronavirus.
(B) Teleworking exception.--The term ``covered employee''
does not include any employee otherwise covered by
subparagraph (A) who is exclusively teleworking during a
covered exposure period, regardless of whether such
employment is full time or part time.
(2) Covered exposure period.--The term ``covered exposure
period'' means, with respect to a diagnosis of COVID-19, the
period beginning on a date to be determined by the Secretary
of Labor.
(3) Novel coronavirus.--The term ``novel coronavirus''
means SARS-CoV-2 or another coronavirus declared to be a
pandemic by public health authorities.
(c) Limitation.--
(1) Determinations made on or before the date of
enactment.--This section shall not apply with respect to a
covered employee who is determined to be entitled to benefits
under subchapter I of chapter 81 of title 5, United States
Code, for a claim described in subsection (a) if such
determination is made on or before the date of enactment of
this Act.
(2) Limitation on duration of benefits.--No funds are
authorized to be appropriated to pay, and no benefits may be
paid for, claims approved on the basis of subsection (a)
after September 30, 2030. No administrative costs related to
any such claim may be paid after such date.
(d) Employees' Compensation Fund.--
(1) In general.--The costs of benefits for claims approved
on the basis of subsection (a) shall not be included in the
annual statement of the cost of benefits and other payments
of an agency or instrumentality under section 8147(b) of
title 5, United States Code.
(2) Fair share provision.--Costs of administration for
claims described in paragraph (1)--
(A) may be paid from the Employees' Compensation Fund; and
(B) shall not be subject to the fair share provision in
section 8147(c) of title 5, United States Code.
On page 212, line 10, strike ``$25,000,000,000'' and insert
``$28,600,000,000''.
On page 212, line 19, strike ``$20,000,000,000'' and insert
``$23,600,000,000''.
On page 230 strike: to identify and designate wildlife
species, or larger taxonomic groups of species, as injurous
under such provisions if they transmit a pathogen that could
potentially pose a risk to human health and develop
regulations to develop a process to make emergency listings
for injuries species.
On page 360, line 3, insert ``or any similar authority
permitting offset'' before ``, or''.
On page 371, line 12, insert ``or any similar authority
permitting offset'' before ``, or''.
On page 428, line 24, strike ``3132(e)(2)(A)(iii)'' and
insert ``3131(e)(2)(A)(iii)''.
On page 429, line 20, strike ``3132(e)(3)(A)(iii)'' and
insert ``3131(e)(3)(A)(iii)''.
On page 459, lines 12 and 13, strike ``such quarter'' and
insert ``the calendar quarter for which the credit is
determined under subsection (a)''.
On page 459, line 14, insert ``calendar'' before
``quarter''.
Beginning on page 532, strike like 14 and all that follows
through page 535, line 7 and insert the following:
SEC. 9801. CHILD CARE ASSISTANCE.
(a) Appropriation.--
(1) In general.--Section 418(a)(3) of the Social Security
Act (42 U.S.C. 618(a)(3)) is amended to read as follows:
``(3) Appropriation.--For grants under this section, there
are appropriated $3,550,000,000 for each fiscal year, of
which--
``(A) $3,375,000,000 shall be available for grants to
States;
``(B) $100,000,000 shall be available for grants to Indian
tribes and tribal organizations; and
``(C) $75,000,000 shall be available for grants to
territories.''.
(2) Conforming amendment.--Section 418(a)(2)(A) of such Act
(42 U.S.C. 618(a)(2)(A)) is amended by striking ``paragraph
(3), and remaining after the reservation described in
paragraph (4) and'' and inserting ``paragraph (3)(A),''.
(b) Modification of State Match Requirement for Funding
Increases in Fiscal Years 2021 and 2022.--With respect to the
amounts made available by section 418(a)(3) of the Social
Security Act for each of fiscal years 2021 and 2022, section
418(a)(2)(C) of such Act shall be applied and administered
with respect to any State that is entitled to receive the
entire amount that would be allotted to the State under
section 418(a)(2)(B) of such Act for the fiscal year in the
manner authorized for fiscal year 2020, as if the Federal
medical assistance percentage for the State for the fiscal
year were 100 percent.
(c) Funding for the Territories.--Section 418(a)(4) of such
Act (42 U.S.C. 618(a)(4)) is amended to read as follows:
``(4) Territories.--
``(A) Grants.--The Secretary shall use the amounts made
available by paragraph (3)(C) to make grants to the
territories under this paragraph.
``(B) Allotments.--The amount described in subparagraph (A)
shall be allotted among the territories in proportion to
their respective needs.
``(C) Redistribution.--The 1st sentence of clause (i) and
clause (ii) of paragraph (2)(D) shall apply with respect to
the amounts allotted to the territories under this paragraph,
except that the 2nd sentence of paragraph (2)(D) shall not
apply and the amounts allotted to the territories that are
available for redistribution for a fiscal year shall be
redistributed to each territory that applies for the
additional amounts, to the extent that the Secretary
determines that the territory will be able to use the
additional
[[Page S1403]]
amounts to provide child care assistance, in an amount that
bears the same ratio to the amount so available for
redistribution as the amount allotted to the territory for
the fiscal year bears to the total amount allotted to all the
territories receiving redistributed funds under this
paragraph for the fiscal year.
``(D) Inapplicability of payment limitation.-- Section
1108(a) shall not apply with respect to any amount paid under
this paragraph.
``(E) Territory.--In this paragraph, the term `territory'
means the Commonwealth of Puerto Rico, the United States
Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.''.
On page 558, line 7, strike ``7.35'' and insert ``10''.
Beginning on page 575, strike line 16 and all that follows
through page 605, line 25, and insert the following:
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
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.
``(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 allocated to the State or
District of Columbia for fiscal year 2020 under section 601,
including any amount paid directly to a unit of local
government in the State under such section.
``(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) States and territories.--
``(i) In general.--To the extent practicable, subject to
clause (ii), 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.
``(ii) Authority to split payment.--
``(I) In general.--The Secretary shall have the authority
to withhold payment of up to 50 percent of the amount
allocated to each State and territory (other than payment of
the amount allocated under paragraph (3)(B)(ii) to the
District of Columbia) for a period of up to 12 months from
the date on which the State or territory provides the
certification required under subsection (d)(1). The Secretary
shall exercise such authority with respect to a State or
territory based on the unemployment rate in the State or
territory as of such date.
``(II) Payment of withheld amount.--Before paying to a
State or territory the remainder of an amount allocated to
the State or territory (subject to subclause (III)) that has
been withheld by the Secretary under subclause (I), the
Secretary shall require the State or territory to submit a
second certification under subsection (d)(1), in addition to
such other information as the Secretary may require.
``(III) Recovery of amounts subject to recoupment.--If a
State or territory is required under subsection (e) to repay
funds for failing to comply with subsection (c), the
Secretary may reduce the amount otherwise payable to the
State or territory under subclause (II) by the amount that
the State or territory would otherwise be required to repay
under such subsection (e).
``(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) to respond to workers performing essential work
during the COVID-19 public health emergency by providing
premium pay to eligible workers of the State, territory, or
Tribal government that are performing such essential work, or
by providing grants to eligible employers that have eligible
workers who perform essential work;
``(C) for the provision of government services to the
extent of the reduction in revenue of such State, territory,
or Tribal government due to the COVID-19 public health
emergency relative to revenues collected in the most recent
full fiscal year of the State, territory, or Tribal
government prior to the emergency; or
``(D) to make necessary investments in water, sewer, or
broadband infrastructure.
``(2) Further restriction on use of funds.--
[[Page S1404]]
``(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) Eligible workers.--The term `eligible workers' means
those workers needed to maintain continuity of operations of
essential critical infrastructure sectors and additional
sectors as each Governor of a State or territory, or each
Tribal government, may designate as critical to protect the
health and well-being of the residents of their State,
territory, or Tribal government.
``(3) Premium pay.--The term `premium pay' means an amount
of up to $13 per hour that is paid to an eligible worker, in
addition to wages or remuneration the eligible worker
otherwise receives, for all work performed by the eligible
worker during the COVID-19 public health emergency. Such
amount may not exceed $25,000 with respect to any single
eligible worker.
``(4) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(5) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(6) 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.
``(7) 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,
$130,200,000,000, 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 $45,570,000,000
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 $19,530,000,000
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 areas that are non-metropolitan
cities in the State bears to the total population of all
areas that are non-metropolitan cities 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
[[Page S1405]]
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
$65,100,000,000 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) to respond to workers performing essential work
during the COVID-19 public health emergency by providing
premium pay to eligible workers of the metropolitan city,
nonentitlement unit of local government, or county that are
performing such essential work, or by providing grants to
eligible employers that have eligible workers who perform
essential work;
``(C) 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 the
COVID-19 public health emergency relative to revenues
collected in the most recent full fiscal year of the
metropolitan city, nonentitlement unit of local government,
or county prior to the emergency; or
``(D) 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) Eligible workers.--The term `eligible workers' means
those workers needed to maintain continuity of operations of
essential critical infrastructure sectors and additional
sectors as each chief executive officer of a metropolitan
city, nonentitlement unit of local government, or county may
designate as critical to protect the health and well-being of
the residents of their metropolitan city, nonentitlement unit
of local government, or county.
``(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) Premium pay.--The term `premium pay' has the meaning
given such term in section 602(g).
``(7) 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).
``(8) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(9) 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.
``(10) 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
[[Page S1406]]
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.--
``(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 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
``(C) the Secretary shall pay $100,000,000 of such amount
in equal shares 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, and not more than $200,000,
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 each of the 50 States,
the District of Columbia, and Puerto Rico.
``(3) Tribal government.--The term `Tribal government' has
the meaning given such term in section 602(g).
``SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY 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,
$2,000,000,000 to remain available until September 30, 2023,
with amounts to be obligated for each of fiscal years 2022
and 2023 in accordance with subsection (b), for making
payments under this section to eligible revenue sharing
counties and eligible Tribal governments.
``(b) Authority to Make Payments.--
``(1) Payments to eligible revenue sharing counties.--For
each of fiscal years 2022 and 2023, the Secretary shall
reserve $750,000,000 of the total amount appropriated under
subsection (a) to allocate and pay to each eligible revenue
sharing county in amounts that are determined by the
Secretary taking into account economic conditions of each
eligible revenue sharing county, using measurements of
poverty rates, household income, land values, and
unemployment rates as well as other economic indicators, over
the 20-year period ending with September 30, 2021.
``(2) Payments to eligible tribal governments.--For each of
fiscal years 2022 and 2023, the Secretary shall reserve
$250,000,000 of the total amount appropriated under
subsection (a) to allocate and pay to eligible Tribal
governments in amounts that are determined by the Secretary
taking into account economic conditions of each eligible
Tribe.
``(c) Use of Payments.--An eligible revenue sharing county
or an eligible Tribal government may use funds provided under
a payment made under this section for any governmental
purpose other than a lobbying activity.
``(d) Reporting Requirement.--Any eligible revenue sharing
county receiving a payment under this section shall provide
to the Secretary periodic reports providing a detailed
accounting of the uses of fund by such eligible revenue
sharing county and such other information as the Secretary
may require for the administration of this section.
``(e) Recoupment.--Any eligible revenue sharing county that
has failed to submit a report required under subsection (d)
or failed to comply with subsection (c), shall be required to
repay to the Secretary an amount equal to--
``(1) in the case of a failure to comply with
subsection(c), the amount of funds used in violation of such
subsection; and
``(2) in the case of a failure to submit a report required
under subsection (d), such amount as the Secretary determines
appropriate, but not to exceed 5 percent of the amount paid
to the eligible revenue sharing county under this section for
all fiscal years.
``(f) Definitions.--In this section:
``(1) Eligible revenue sharing county.--The term `eligible
revenue sharing county' means--
``(A) a county, parish, or borough--
``(i) that is independent of any other unit of local
government; and
``(ii) that, as determined by the Secretary, is the
principal provider of government services for the area within
its jurisdiction; and
``(iii) for which, as determined by the Secretary, there is
a negative revenue impact due to implementation of a Federal
program or changes to such program; and
``(B) the District of Columbia, the Commonwealth of Puerto
Rico, Guam, and the United States Virgin Islands.
``(2) Eligible tribal government.--The term `eligible
Tribal government' means the recognized governing body of an
eligible Tribe.
``(3) Eligible tribe.--The term `eligible Tribe' means 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 section pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
``(4) Secretary.--The term `Secretary' means the Secretary
of the Treasury.''.
(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''.
On page 606, strike lines 17 through 22.
On page 606, line 23, strike ``(c)'' and insert ``(b)''.
On page 607, line 21, strike ``(d)'' and insert ``(c)''.
On page 608, line 2, strike ``(e)'' and insert ``(d)''.
On page 608, line 6, strike ``(f)'' and insert ``(e)''.
On page 608, line 14, strike ``1866(j), including'' and
insert ``1866(j) (including''.
On page 608, line 16, strike ``period'' and insert
``period)''.
On page 608, strike lines 20 through 22 and insert the
following:
``(iii) is a rural provider or supplier; or
On page 609, strike line 13 and insert the following:
``(iii) is a rural provider or supplier.
On page 609, line 23, strike ``training, including'' and
insert ``training (including''.
On page 609, line 24, strike ``both'' and insert ``both)''.
On page 610, strike lines 17 through 22 and insert the
following:
``(5) Rural provider or supplier.--The term `rural provider
or supplier' means--
``(A) a--
``(i) provider or supplier located in a rural area (as
defined in section 1886(d)(2)(D)); or
``(ii) provider treated as located in a rural area pursuant
to section 1886(d)(8)(E);
``(B) a provider or supplier located in any other area that
serves rural patients (as defined by the Secretary), which
may include, but is not required to include, a metropolitan
statistical area with a population of less than 500,000
(determined based on the most recently available data);
``(C) a rural health clinic (as defined in section
1861(aa)(2));
``(D) a provider or supplier that furnishes home health,
hospice, or long-term services and supports in an
individual's home located in a rural area (as defined in
section 1886(d)(2)(D)); or
``(E) any other rural provider or supplier (as defined by
the Secretary).''.
In the table of contents on page 2, insert after the item
relating to section 2013 the following:
Sec. 2014. Funding for the Individuals with Disabilities Education Act.
In the table of contents on page 5, insert after the item
relating to section 4014 the following:
Sec. 4015. Eligibility for workers' compensation benefits for Federal
employees diagnosed with COVID-19.
In the table of contents on page 7, insert after the item
relating to section 9032 the following:
PART 4--Other Provisions
Sec. 9041. Extension of limitation on excess business losses of
noncorporate taxpayers.
Sec. 9042. Suspension of tax on portion of unemployment compensation.
On page 623, lines 19-20, strike ``, without competition,''
____________________