S.Amdt. 1293

SA 1293. Mr. GRAHAM (for himself, Mr. Thune, Mr. Crapo, Mr. Rubio,
and Mr. Marshall) submitted an amendment intended to be proposed to
amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs.
Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow,
Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr.
Sanders) to the bill H.R. 1319, to provide for reconciliation pursuant
to title II of S. Con. Res. 5; which was ordered to lie on the table;
as follows:

Strike section 9901 and insert the following:

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

(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 FISCAL RECOVERY 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, Tribal
governments, and units of local government under this
section, $350,000,000,000 for fiscal year 2021.
``(2) Reservation of funds.--Of the amount appropriated
under paragraph (1), the Secretary shall reserve--
``(A) $4,500,000,000 for making payments to 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; and
``(B) $20,000,000,000 for making payments to Tribal
governments.
``(b) Authority to Make Payments.--Not later than 30 days
after the date of enactment of this section, the Secretary
shall pay each State and Tribal government the amount
determined for the State or Tribal government for fiscal year
2021 under subsection (c).
``(c) Payment Amounts.--
``(1) In general.--Subject to paragraph (2), the amount
paid under this section for fiscal year 2021 to a State that
is 1 of the 50 States shall be the amount equal to the
relative population proportion amount determined for the
State under paragraph (3) for such fiscal year.

[[Page S1358]]

``(2) Minimum payment.--
``(A) In general.--No State that is 1 of the 50 States
shall receive a payment under this section for fiscal year
2021 that is less than $2,927,000,000.
``(B) Pro rata adjustments.--The Secretary shall adjust on
a pro rata basis the amount of the payments for each of the
50 States determined under this subsection without regard to
this subparagraph to the extent necessary to comply with the
requirements of subparagraph (A).
``(3) Relative population proportion amount.--For purposes
of paragraph (1), the relative population proportion amount
determined under this paragraph for a State for fiscal year
2021 is the product of--
``(A) the amount appropriated under paragraph (1) of
subsection (a) for fiscal year 2021 that remains after the
application of paragraph (2) of that subsection; and
``(B) the relative State population proportion (as defined
in paragraph (4)).
``(4) Relative state population proportion defined.--For
purposes of paragraph (3)(B), the term `relative State
population proportion' means, with respect to a State, the
quotient of--
``(A) the population of the State; and
``(B) the total population of all States (excluding the
District of Columbia and territories specified in subsection
(a)(2)(A)).
``(5) District of columbia and territories.--The amount
paid under this section for fiscal year 2021 to a State that
is the District of Columbia or a territory specified in
subsection (a)(2)(A) shall be the amount equal to the product
of--
``(A) the amount set aside under subsection (a)(2)(A) for
such fiscal year; and
``(B) each such District's and territory's share of the
combined total population of the District of Columbia and all
such territories, as determined by the Secretary.
``(6) Tribal governments.--From the amount set aside under
subsection (a)(2)(B) for fiscal year 2021, the amount paid
under this section for fiscal year 2021 to a Tribal
government shall be the amount the Secretary shall determine,
in consultation with the Secretary of the Interior and Indian
Tribes, that is based on increased expenditures of each such
Tribal government (or a tribally-owned entity of such Tribal
government) relative to aggregate expenditures in fiscal year
2019 by the Tribal government (or tribally-owned entity) and
determined in such manner as the Secretary determines
appropriate to ensure that all amounts available under
subsection (a)(2)(B) for fiscal year 2021 are distributed to
Tribal governments.
``(7) Data.--For purposes of this subsection, the
population of States shall be determined based on the most
recent year for which data are available from the Bureau of
the Census.
``(d) Use of Funds.--
``(1) In general.--Subject to paragraph (2), a State or
Tribal government shall use the funds provided under a
payment made under this section to cover only those costs of
the State or Tribal government that--
``(A) are necessary expenditures incurred due to the public
health emergency with respect to the Coronavirus Disease 2019
(COVID-19);
``(B) were not accounted for in the budget most recently
approved as of the date of enactment of this section for the
State or government; and
``(C) were incurred during the period that begins on March
1, 2020, and ends on December 31, 2022.
``(2) State distributions to units of local government.--
``(A) In general.--Each State (other than the District of
Columbia) shall distribute 45 percent of the amount allocated
and paid to the State under this section to units of local
government in the State in accordance with this paragraph.
``(B) Manner of distribution.--A State shall allocate the
amount that the State is required to distribute among units
of local government in the State based on the population of
each such unit of local government (as determined by the
State) relative to the population of all units of local
government in the State.
``(C) Application of uses of funds.--The limitations on the
uses of funds described in paragraph (1) shall apply to
amounts distributed to a unit of local government under this
paragraph in the same manner that such limitations apply to a
payment to a State under this subsection.
``(e) Inspector General Oversight; Recoupment.--
``(1) Oversight authority.--The Inspector General of the
Department of the Treasury shall conduct monitoring and
oversight of the receipt, disbursement, and use of funds made
available under this section.
``(2) Recoupment.--If the Inspector General of the
Department of the Treasury determines that a State, Tribal
government, or unit of local government has failed to comply
with subsection (d), the amount equal to the amount of funds
used in violation of such subsection shall be booked as a
debt of such entity owed to the Federal Government. Amounts
recovered under this subsection shall be deposited into the
general fund of the Treasury.
``(3) Funding.--The Inspector General of the Department of
the Treasury may use amounts appropriated under section
601(f)(3) to carry out oversight and recoupment activities
under this subsection.
``(4) Authority of inspector general.--Nothing in this
subsection shall be construed to diminish the authority of
any Inspector General, including such authority as provided
in the Inspector General Act of 1978 (5 U.S.C. App.).
``(f) Definitions.--In this section:
``(1) In general.--The terms `Indian Tribe', `Secretary',
`State', and `Tribal government' shall have the meaning given
such terms in section 601(g).
``(2) Unit of local government.--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.''.
(b) 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''.
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