S.Amdt. 1117

SA 1117. Mr. DAINES (for himself and Mr. Lankford) 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 all that follows through title X
and insert the following:

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

Section 301 of division BB of the Consolidated
Appropriations Act, 2021, as amended by this Act, is amended
by adding at the end the following new subsection:
``(k) Coronavirus State and Local Fiscal Recovery Funds.--
``(1) 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.

[[Page S1307]]

`` `(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 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) 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).
`` `(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).

`` `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 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 $42,070,000,000
to make payments to metropolitan cities.

[[Page S1308]]

`` `(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, 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) 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.

[[Page S1309]]

`` `(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)).

`` `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).'.
``(2) Technical amendment.--The heading for title VI of the
Social Security Act (42 U.S.C. 801 et seq.) is amended by
striking `FUND' and inserting `AND FISCAL RECOVERY FUNDS'.''.

Subtitle N--Other Provisions

SEC. 9911. FUNDING FOR PROVIDERS RELATING TO COVID-19.

Section 301 of division BB of the Consolidated
Appropriations Act, 2021, as amended by this Act, is amended
by adding at the end the following new subsection:
``(l) Funding for Providers Related to COVID-19.--Part A of
title XI of the Social Security Act (42 U.S.C. 1301 et seq.)
is amended by adding at the end the following:

`` `SEC. 1150C. FUNDING FOR PROVIDERS RELATING TO COVID-19.

`` `(a) Funding.--In addition to amounts otherwise
available, there is appropriated to the Secretary, for fiscal
year 2021, out of any monies in the Treasury not otherwise
appropriated, $8,500,000,000 for purposes of making payments
to eligible health care providers for health care related
expenses and lost revenues that are attributable to COVID-19.
Amounts appropriated under the preceding sentence shall
remain available until expended.
`` `(b) Special Rule Regarding Parent Organizations.--In
the case of any payment made under this section to an
eligible health care provider, but which is received by a
parent organization of such provider, such parent
organization shall allocate all of such payment to such
provider.
`` `(c) Application Requirement.--To be eligible for a
payment under this section, an eligible health care provider
shall submit to the Secretary an application in such form and
manner as the Secretary shall prescribe. Such application
shall contain the following:
`` `(1) A statement justifying the need of the provider for
the payment, including documentation of the health care
related expenses attributable to COVID-19 and lost revenues
attributable to COVID-19.
`` `(2) The tax identification number of the provider.
`` `(3) Such assurances as the Secretary determines
appropriate that the eligible health care provider will
maintain and make available such documentation and submit
such reports (at such time, in such form, and containing such
information as the Secretary shall prescribe) as the
Secretary determines is necessary to ensure compliance with
any conditions imposed by the Secretary under this section.
`` `(4) Any other information determined appropriate by the
Secretary.
`` `(d) Limitation.--Payments made to an eligible health
care provider under this section may not be used to reimburse
any expense or loss that--
`` `(1) has been reimbursed from another source; or
`` `(2) another source is obligated to reimburse.
`` `(e) Application of Requirements, Rules, and
Procedures.--The Secretary shall apply any requirements,
rules, or procedures as the Secretary deems appropriate for
the efficient execution of this section.
`` `(f) Definitions.--In this section:
`` `(1) Eligible health care provider.--The term ``eligible
health care provider'' means--
`` `(A) a provider of services (as defined in section
1861(u)) or a supplier (as defined in section 1861(d)) that--
`` `(i) is enrolled in the Medicare program under title
XVIII under section 1866(j), including temporarily enrolled
during the

[[Page S1310]]

emergency period described in section 1135(g)(1)(B) for such
period;
`` `(ii) provides diagnoses, testing, or care for
individuals with possible or actual cases of COVID-19; and
`` `(iii) is located in a rural area or treated as located
in a rural area pursuant to section 1886(d)(8)(E); or
`` `(B) a provider or supplier that--
`` `(i) is enrolled with a State Medicaid plan under title
XIX (or a waiver of such plan) in accordance with subsections
(a)(77) and (kk) of section 1902 (including enrolled pursuant
to section 1902(a)(78) or section 1932(d)(6)) or enrolled
with a State child health plan under title XXI (or a waiver
of such plan) in accordance with subparagraph (G) of section
2107(e)(1) (including enrolled pursuant to subparagraph (D)
or (Q) of such section);
`` `(ii) provides diagnoses, testing, or care for
individuals with possible or actual cases of COVID-19; and
`` `(iii) is located in a rural area.
`` `(2) Health care related expenses attributable to covid-
19.--The term ``health care related expenses attributable to
COVID-19'' means health care related expenses to prevent,
prepare for, and respond to COVID-19, including the building
or construction of a temporary structure, the leasing of a
property, the purchase of medical supplies and equipment,
including personal protective equipment and testing supplies,
providing for increased workforce and training, including
maintaining staff, obtaining additional staff, or both, the
operation of an emergency operation center, retrofitting a
facility, providing for surge capacity, and other expenses
determined appropriate by the Secretary.
`` `(3) Lost revenue attributable to covid-19.--The term
``lost revenue attributable to COVID-19'' has the meaning
given that term in the Frequently Asked Questions guidance
released by the Department of Health and Human Services in
June 2020, including the difference between such provider's
budgeted and actual revenue if such budget had been
established and approved prior to March 27, 2020.
`` `(4) Payment.-- The term ``payment'' includes, as
determined appropriate by the Secretary, a pre-payment, a
prospective payment, a retrospective payment, or a payment
through a grant or other mechanism.
`` `(5) Rural area.--The term ``rural area'' means--
`` `(A) a rural area (as defined in section 1886(d)(2)(D));
or
`` `(B) any other rural area (as defined by the
Secretary).'.

SEC. 9912. EXTENSION OF CUSTOMS USER FEES.

(a) In General.--Section 13031(j)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(j)(3)) is amended--
(1) in subparagraph (A), by striking ``October 21, 2029''
and inserting ``September 30, 2030''; and
(2) in subparagraph (B)(i), by striking ``October 21,
2029'' and inserting ``September 30, 2030''.
(b) Rate for Merchandise Processing Fees.--Section 503 of
the United States-Korea Free Trade Agreement Implementation
Act (Public Law 112-41; 19 U.S.C. 3805 note) is amended by
striking ``October 21, 2029'' and inserting ``September 30,
2030''.

TITLE X--COMMITTEE ON FOREIGN RELATIONS

SEC. 10001. ADDITIONAL FUNDING FOR THE DEPARTMENT OF STATE
AND FOR FOREIGN ASSISTANCE.

Part I of the Foreign Assistance Act (22 U.S.C. 2151 et
seq.) is amended by adding at the end the following:

``CHAPTER 13--MISCELLANEOUS FUNDING

``SEC. 500A. DEPARTMENT OF STATE OPERATIONS.

``In addition to amounts otherwise available, there is
authorized and appropriated to the Secretary of State for
fiscal year 2021, out of any money in the Treasury not
otherwise appropriated, $204,000,000, to remain available
until September 30, 2022, for necessary expenses of the
Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign
affairs of the United States, to prevent, prepare for, and
respond to coronavirus domestically or internationally, which
shall include maintaining Department of State operations.

``SEC. 500B. UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OPERATIONS.

``In addition to amounts otherwise available, there is
authorized and appropriated to the Administrator of the
United States Agency for International Development for fiscal
year 2021, out of any money in the Treasury not otherwise
appropriated, $41,000,000, to remain available until
September 30, 2022, to carry out the provisions of section
667 for necessary expenses of the United States Agency for
International Development to prevent, prepare for, and
respond to coronavirus domestically or internationally, and
for other operations and maintenance requirements related to
coronavirus.

``SEC. 500C. GLOBAL RESPONSE.

``(a) In General.--In addition to amounts otherwise
available, there is authorized and appropriated to the
Secretary of State for fiscal year 2021, out of any money in
the Treasury not otherwise appropriated, $8,675,000,000, to
remain available until September 30, 2022, for necessary
expenses to carry out the provisions of section 531 of
chapter 4 of part II as health programs to prevent, prepare
for, and respond to coronavirus, which shall include recovery
from the impacts of such virus and shall be allocated as
follows--
``(1) $905,000,000 to be made available to the United
States Agency for International Development for global health
activities to prevent, prepare for, and respond to
coronavirus, which shall include a contribution to a
multilateral vaccine development partnership to support
epidemic preparedness;
``(2) $3,750,000,000 to be made available to the Department
of State to support programs for the prevention, treatment,
and control of HIV/AIDS in order to prevent, prepare for, and
respond to coronavirus, including to mitigate the impact on
such programs from coronavirus and support recovery from the
impacts of the coronavirus, of which not less than
$3,500,000,000 shall be for a United States contribution to
the Global Fund to Fight AIDS, Tuberculosis and Malaria;
``(3) $3,090,000,000 to be made available to the United
States Agency for International Development to prevent,
prepare for, and respond to coronavirus, which shall include
support for international disaster relief, rehabilitation,
and reconstruction, for health activities, and to meet
emergency food security needs; and
``(4) $930,000,000 to be made available to prevent, prepare
for, and respond to coronavirus, which shall include
activities to address economic and stabilization requirements
resulting from such virus.
``(b) Waiver of Limitation.--Any contribution to the Global
Fund to Fight AIDS, Tuberculosis and Malaria made pursuant to
subsection (a)(2) shall be made available notwithstanding
section 202(d)(4)(A)(i) of the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22
U.S.C. 7622(d)(4)(A)(i)), and such contribution shall not be
considered a contribution for the purpose of applying such
section 202(d)(4)(A)(i).

``SEC. 500D. HUMANITARIAN RESPONSE.

``(a) In General.--In addition to amounts otherwise
available, there is authorized and appropriated to the
Secretary of State for fiscal year 2021, out of any money in
the Treasury not otherwise appropriated, $500,000,000, to
remain available until September 30, 2022, to carry out the
provisions of section 2(a) and (b) of the Migration and
Refugee Assistance Act of 1962 (22 U.S.C. 2601(a) and (b)) to
prevent, prepare for, and respond to coronavirus.
``(b) Use of Funds.--Funds appropriated pursuant to this
section shall not be made available for the costs of
resettling refugees in the United States.

``SEC. 500E. MULTILATERAL ASSISTANCE.

``In addition to amounts otherwise available, there is
authorized and appropriated to the Secretary of State for
fiscal year 2021, out of any money in the Treasury not
otherwise appropriated, $580,000,000, to remain available
until September 30, 2022, to carry out the provisions of
section 301(a) to prevent, prepare for, and respond to
coronavirus, which shall include support for the priorities
and objectives of the United Nations Global Humanitarian
Response Plan COVID-19 through voluntary contributions to
international organizations and programs administered by such
organizations.''.
______