S.Amdt. 2654

SA 2654. Mr. CASSIDY (for himself, Ms. Collins, and Mrs. Hyde-Smith)
submitted an amendment intended to be proposed to amendment SA 2652
proposed by Mr. McConnell to the bill S. 178, to condemn gross human
rights violations of ethnic Turkic Muslims in Xinjiang, and calling for
an end to arbitrary detention, torture, and harassment of these
communities inside and outside China; which was ordered to lie on the
table; as follows:

At the appropriate place in title VIII of division A,
insert the following:

SEC. __. CORONAVIRUS LOCAL COMMUNITY STABILIZATION FUND.

(a) In General.--Title VI of the Social Security Act, as
added by section 5001(a) of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136), is amended by
adding at the end the following:

``SEC. 602. CORONAVIRUS LOCAL COMMUNITY STABILIZATION FUND.

``(a) Appropriation.--
``(1) In general.--Out of any money in the Treasury of the
United States not otherwise appropriated, there are
appropriated for making payments to States under this
section, $500,000,000,000 for fiscal year 2020, to remain
available until expended.
``(2) Reservation of funds.--Of the amount appropriated
under paragraph (1), the Secretary shall reserve
$16,000,000,000 of such amount for making payments to Tribal
governments under subsection (c)(7).
``(b) Authority To Make Payments.--
``(1) In general.--The Secretary shall pay each State the
following amounts:
``(A) Not later than 30 days after the date of enactment of
this section, the relative population proportion amount
determined for the State under subsection (c)(1).
``(B) Not later than 30 days after the date of enactment of
this section, the relative infected population proportion
amount determined for the State under subsection (c)(2).
``(C) As soon as practicable after December 31, 2020, the
relative lost revenue proportion amount determined for the
State under subsection (c)(3).
``(2) Amounts reserved for payments to local governments.--
A State shall reserve \1/3\ of each amount received by the
State under paragraph (1) to make direct payments to units of
local government in the State under subsection (c)(6).
``(c) Payment Amounts.--
``(1) Relative population proportion amount.--Subject to
paragraph (5), the relative population proportion amount for
a State is the product of--
``(A) $161,333,333,333; and
``(B) the amount equal to the quotient of--
``(i) the population of the State; and
``(ii) the total population of all States.
``(2) Relative infected population proportion amount.--
Subject to subparagraph (5), the relative infected population
proportion amount determined under this paragraph for a State
is the product of--
``(A) $161,333,333,333; and
``(B) the quotient of--
``(i) the cumulative population of the State that has been
infected with Coronavirus Disease 2019 (COVID-19) as of June
1, 2020 (including individuals who were infected and have
recovered as of such date); and
``(ii) the total cumulative population of all States that
has been infected with Coronavirus Disease 2019 (COVID-19) as
of such date (including individuals who were infected and
have recovered as of such date).
``(3) Relative lost revenue proportion amount.--The
relative lost revenue proportion amount determined under this
paragraph for a State is the product of--
``(A) $161,333,333,333; and
``(B) the quotient of--
``(i) the lost revenue amount determined for the State
under paragraph (4); and
``(ii) the sum of the lost revenue amounts determined for
all States under paragraph (4).
``(4) Lost revenue amount.--
``(A) In general.--For purposes of paragraph (3), with
respect to a State, the lost revenue amount is the amount
equal to the amount by which--
``(i) the amount of revenue from taxes or other sources for
the State for calendar year 2019; exceeds
``(ii) subject to subparagraph (B), the amount of revenue
from taxes or other sources for the State for calendar year
2020 (as certified by the Governor of the State).
``(B) Adjustments to lost revenue amount.--For purposes of
subparagraph (A)(ii), the amount of revenue from taxes or
other sources for a State and calendar year 2020 shall be
adjusted in the following manner:
``(i) Such amount shall exclude any funds received by the
State in calendar year 2020 under this title.
``(ii) Such amount shall be increased by the amount of any
reduction to State revenue from taxes or other sources for
calendar year 2020 that results from the State--

``(I) enacting a tax cut, rebate, deduction, or credit; or
``(II) reducing, delaying, or eliminating any fee or other
source of revenue.

``(iii) Such amount shall be reduced by the amount of any
expenditures made by the State during calendar year 2020
necessary to meet the non-Federal share contribution
requirement of any public assistance that is provided under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) on the basis of a
disaster or emergency declaration under such Act that--

``(I) is declared during the period beginning on January 1,
2020, and ending on the date of enactment of this section;
and
``(II) is not related to the COVID-19 pandemic.

``(5) Combined minimum payment amount for relative
population and relative infected population amounts.--
``(A) In general.--The sum of the amounts determined under
paragraphs (1) and (2) for a State described in subparagraph
(C) shall not be less than $2,000,000,000.
``(B) Pro rata adjustments.--The Secretary shall adjust on
a pro rata basis the amounts determined under paragraph (2)
for each State described in subparagraph (C) to the extent
necessary to comply with the requirement of subparagraph (A).
``(C) States described.--The States described in this
subparagraph are each of the 50 States, the District of
Columbia, and Puerto Rico.
``(6) Direct payments to units of local government.--Not
later than 15 days after a State receives a payment under
paragraph (1) of subsection (b), the State shall make the
following payments from the amount reserved by the State
under paragraph (2) of that subsection with respect to such
State payment:
``(A) Direct payments to counties and municipalities based
on population.--From each of the amounts reserved by a State
under paragraph (2) of subsection (b) with respect to the
payments received by the State under subparagraphs (A) and
(B) of paragraph (1) of that subsection, the State shall pay
to each unit of local government in the State that is a
county or a municipality an amount equal to the product of--
``(i) 50 percent of the amount so reserved; and
``(ii) the quotient of--

``(I) the population of the county or municipality (as
applicable); and
``(II) the total population of--

``(aa) in the case of a county, all counties in the State;
or
``(bb) in the case of a municipality, all municipalities in
the State.
``(B) Direct payments to counties and municipalities based
on lost revenue.--From the amount reserved by a State under
paragraph (2) of subsection (b) with respect to the payment
received by the State under subparagraph (C) of paragraph (1)
of that subsection, the State shall pay to each unit of local
government in the State that is a county or a municipality an
amount equal to the product of--
``(i) 50 percent of the amount so reserved; and
``(ii) the quotient of--

``(I) the lost revenue amount determined for the county or
municipality (as applicable) under subparagraph (C); and
``(II) the total lost revenue amounts determined under
subparagraph (C) for--

``(aa) in the case of a county, all counties in the State;
or
``(bb) in the case of a municipality, all municipalities in
the State.
``(C) Lost revenue amount.--For purposes of subparagraph
(B), with respect to a county or municipality, the lost
revenue amount shall be determined in the same manner as the
lost revenue amount for a State is determined under paragraph
(4).
``(7) Payments to tribal governments.--The amounts paid
under this section to Tribal governments from the amount
reserved under subsection (a)(2) shall be paid not later than
30 days after the date of enactment of this section, and
shall be determined in the same manner as the amounts paid to
Tribal governments under section 601(c)(7) except that, for
purposes of this section--
``(A) the term `Tribal government' means the governing body
of an Indian Tribe included on the most recent list published
by the Secretary pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131);
and
``(B) the term `Indian Tribe' has the meaning given that
term in section 102 of such Act (25 U.S.C. 5130), except that
such term shall not include an Alaska Native regional or
village corporation established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.).
``(8) Data.--For purposes of this subsection--

[[Page S5555]]

``(A) the population of States, units of local governments,
and Indian Tribes shall be determined based on the most
recent year for which data are available from the Bureau of
the Census;
``(B) the determination of the populations of States
infected with COVID-19 shall be based on data from the
Centers for Disease Control and Prevention; and
``(C) where Indian Tribal population cannot be readily
determined by the most recent year for which data are
available from the Bureau of the Census, the Department may
consider tribal population data from the Department of
Interior or Department of Housing and Urban Development.
``(d) Use of Funds.--
``(1) In general.--Amounts paid or distributed under this
subsection shall be used--
``(A) to cover only those costs of the State, unit of local
government, or Tribal government that--
``(i) are necessary expenditures incurred due to the public
health emergency with respect to the Coronavirus Disease 2019
(COVID-19) (including expenditures necessary to meet the non-
Federal share contribution requirement of any public
assistance that is provided under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) on the basis of a disaster or emergency declaration
under such Act that is declared in calendar year 2020;
``(ii) were not accounted for in the budget most recently
approved as of March 27, 2020, for the State or local
government; and
``(iii) were incurred during the period that begins on
March 1, 2020, and ends on December 31, 2022; or
``(B) for expenditures in calendar year 2020, 2021, or 2022
that the State, Tribal government, or unit of local
government would otherwise be unable to make because of
decreased or delayed revenues.
``(2) Limitation.--No State may use funds made available
under this section for deposit into any State pension fund.
``(e) Fair and Equitable Budgeting Requirement.--As a
condition for receiving amounts paid under this subsection,
each State, to the extent allowable by State law, shall
agree--
``(1) to base any cut to funding to units of local
government under the State budget on emergency need, and
shall ensure that such cuts are balanced to ensure all units
of local government are treated fairly;
``(2) to primarily use economic conditions, budgetary
shortfall, and revenue loss for each respective county and
municipality, as compared to 2019 levels, to determine
whether any such cut is balanced and appropriate; and
``(3) that the State legislative body shall have the
authority to disapprove such a cut if it violates a condition
of paragraph (1) or (2).
``(f) Application of Other Provisions.--
``(1) Definitions.--
``(A) In general.--Except as otherwise provided in this
paragraph and subsection (c)(7), the terms used in this
section have the meanings given those terms in subsection (g)
of section 601.
``(B) County.--The term `county' means a county, parish, or
other equivalent county division (as defined by the Bureau of
the Census).
``(C) Unit of local government.--In this section, the term
`unit of local government' means a county, municipality,
town, township, village, parish, borough, or other unit of
general government below the State level.
``(2) Oversight.--The amounts paid under this section--
``(A) shall be subject to the oversight requirements of
subsection (f) of section 601 in the same manner as such
requirements apply to the amounts paid under that section,
and the recoupment authority under paragraph (2) of that
subsection shall apply to oversight of compliance with the
use of funds requirements of subsection (d) of this section
and the fair and equitable budgeting requirements of
subsection (e) of this section; and
``(B) shall be distributed in accordance with all
applicable Federal laws.
``(3) IG funding authority.--Notwithstanding section
601(f)(3), the Inspector General of the Department of the
Treasury may use the amounts appropriated under that section
to carry out oversight and recoupment activities under this
section in addition to the oversight and recoupment
activities carried out under section 601(f).''.
(b) Conforming Amendments.--
(1) Section 601(d) of the Social Security Act is amended--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and adjusting
the margins accordingly;
(B) in subparagraph (A) (as so redesignated), by inserting
``(including expenditures necessary to meet the non-Federal
share contribution requirement of any public assistance that
is provided under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) on the
basis of a disaster or emergency declaration under such Act
that is declared in calendar year 2020)'' before the
semicolon;
(C) in subparagraph (C) (as so redesignated), by striking
the period at the end and inserting ``; and'';
(D) by striking ``under this section to cover only'' and
inserting ``under this section--
``(1) to cover only--''; and
(E) by adding at the end the following new paragraph:
``(2) for expenditures in calendar year 2020, 2021, or 2022
that the State, Tribal government, or unit of local
government would otherwise be unable to make because of
decreased or delayed revenues.''.
(2) Section 5001(b) of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) is amended by
striking ``for fiscal year 2020 under section 601(a)(1) of
the Social Security Act (as added by subsection (a))'' and
inserting ``under title VI of the Social Security Act''.
______