To provide relief for State and local governments based on demonstrated need.

SA 1364. Mr. ROMNEY submitted an amendment intended to be proposed to
amendment SA 891 proposed by Mr. Schumer (for himself, Mr. Wyden, Mrs.
Murray, Mr. Brown, Mr. Peters, Mr. Cardin, Ms. Cantwell, Ms. Stabenow,
Mr. Tester, Mr. Menendez, Mr. Schatz, Mr. Carper, Mr. Leahy, and Mr.
Sanders) to the bill H.R. 1319, to provide for reconciliation pursuant
to title II of S. Con. Res 5; which was ordered to lie on the table; as
follows:

Beginning on page 575, strike line 21 and all that follows
through page 587, line 12, and insert the following:

``SEC. 602. CORONAVIRUS STATE FISCAL RECOVERY FUND.

``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2021, out of
any money in the Treasury not otherwise appropriated--
``(1) $219,800,000,000, to remain available until through
December 31, 2024, for making payments under this section to
States, territories, and Tribal governments to mitigate the
fiscal effects stemming from the public health emergency with
respect to the Coronavirus Disease (COVID-19); and
``(2) $50,000,000, to remain available until expended, for
the costs of the Secretary for administration of the funds
established under this title.
``(b) Authority to Make Payments.--
``(1) Payments to territories.--
``(A) In general.--The Secretary shall reserve
$4,500,000,000 of the amount appropriated under subsection
(a)(1) to make payments to the territories.
``(B) Allocation.--Of the amount reserved under
subparagraph (A)--
``(i) 50 percent of such amount shall be allocated by the
Secretary equally among each territory; and
``(ii) 50 percent of such amount shall be allocated by the
Secretary as an additional amount to each territory in an
amount which bears the same proportion to \1/2\ of the total
amount reserved under subparagraph (A) as the relative
population of the territory bears to the total population of
all such territories.
``(C) Payment.--The Secretary shall pay each territory the
total of the amounts allocated for the territory under
subparagraph (B).
``(2) Payments to tribal governments.--
``(A) In general.--The Secretary shall reserve
$20,000,000,000 of the amount appropriated under subsection
(a)(1) to make payments to Tribal governments.
``(B) Allocation.--Of the amount reserved under
subparagraph (A)--
``(i) $1,000,000,000 shall be allocated by the Secretary
equally among each Tribal government; and
``(ii) $19,000,000,000 shall be allocated by the Secretary
among each Tribal government in an amount determined by the
Secretary.
``(C) Payment.-- The Secretary shall pay each Tribal
government the total of the amounts allocated for the Tribal
government under subparagraph (B).
``(3) Payments to each of the 50 states and the district of
columbia.--
``(A) In general.--The Secretary shall reserve
$195,300,000,000 of the amount appropriated under subsection
(a)(1) to make payments to each of the 50 States and the
District of Columbia.
``(B) Allocations.--Of the amount reserved under
subparagraph (A), the Secretary shall allocate to each of the
50 States and the District of Columbia, upon application to
the Secretary, an amount that shall not exceed the sum of--
``(i) the total amount of necessary expenditures incurred
by the State or District of Columbia between March 1, 2020,
and March 31, 2021, for necessary expenditures incurred due
to the public health emergency with respect to the
Coronavirus Disease 2019 (COVID-19) (as such term was defined
by the Secretary for purposes of applying section 601(d)(1)
on or before the date of enactment of this section);
``(ii) the amount (if any) by which--

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

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

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

[[Page S1386]]

``(C) Payment.--The Secretary shall pay each of the 50
States and the District of Columbia the amount allocated for
the State and District of Columbia under subparagraph (B).
``(4) Population data.--For purposes of determining
allocations for a territory under this section, the
population of the territory shall be determined based on the
most recent data available from the Bureau of the Census.
``(5) Timing.--To the extent practicable, with respect to
each State, territory, and Tribal government allocated a
payment under this subsection, the Secretary shall make the
payment required for the State, territory, or Tribal
government (as applicable) not later than 60 days after the
date on which the certification required under subsection (d)
is provided to the Secretary.
``(6) Pro rata adjustment authority.--
``(A) In general.--Subject to subparagraph (B), the amounts
otherwise determined for allocation and payment under
paragraphs (1), (2), and (3) may be adjusted by the Secretary
on a pro rata basis to the extent necessary to ensure that
all available funds are distributed to territories, Tribal
governments, and States in accordance with the requirements
specified in each paragraph (as applicable) and the
certification requirement specified in subsection (d).
``(B) Unallocated amounts.--Any amounts from the amount
reserved under paragraph (3)(A) that are not allocated by the
Treasury under paragraph (3)(B) shall be returned to the
general fund of the Treasury.
``(c) Requirements.--
``(1) Use of funds.--Subject to paragraph (2), and except
as provided under paragraph (3), a State, territory, or
Tribal government shall only use the funds provided under a
payment made under this section, or transferred pursuant to
section 603(c)(4), to--
``(A) respond to or mitigate the public health emergency
with respect to the Coronavirus Disease 2019 (COVID-19) or
its negative economic impacts;
``(B) cover costs incurred as a result of such emergency;
or
``(C) replace revenue that was lost, delayed, or decreased
(as published by the Bureau of the Census in the Quarterly
Summary of State and Local Tax Revenue) as a result of such
emergency.
``(2) Further restriction on use of funds.--
``(A) In general.--A State or territory shall not use the
funds provided under this section or transferred pursuant to
section 603(c)(4) to either directly or indirectly offset a
reduction in the net tax revenue of such State or territory
resulting from a change in law, regulation, or administrative
interpretation during the covered period that reduces any tax
(by providing for a reduction in a rate, a rebate, a
deduction, a credit, or otherwise) or delays the imposition
of any tax or tax increase.
``(B) Pension funds.--No state or territory may use funds
made available under this section for deposit into any
pension fund.
``(3) Transfer authority.--A State, territory, or Tribal
government receiving a payment from funds made available
under this section may transfer funds to a private nonprofit
organization (as that term is defined in paragraph (17) of
section 401 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11360(17)), a public benefit corporation involved in
the transportation of passengers or cargo, or a special-
purpose unit of State or local government.
``(d) Certifications and Reports.--
``(1) In general.--In order for a State or territory to
receive a payment under this section, or a transfer of funds
under section 603(c)(4), the State or territory shall provide
the Secretary with a certification, signed by an authorized
officer of such State or territory, that such State or
territory requires the payment or transfer to carry out the
activities specified in subsection (c) of this section and
will use any payment under this section, or transfer of funds
under section 603(c)(4), in compliance with subsection (c) of
this section
``(2) Reporting.--Any State, territory, or Tribal
government receiving a payment under this section shall
provide to the Secretary periodic reports providing a
detailed accounting of--
``(A) the uses of funds by such State, territory, or Tribal
government, including, in the case of a State or a territory,
all modifications to the State's or territory's tax revenue
sources during the covered period; and
``(B) such other information as the Secretary may require
for the administration of this section.
``(e) Recoupment.--Any State, territory, or Tribal
government that has failed to comply with subsection (c)
shall be required to repay to the Secretary an amount equal
to the amount of funds used in violation of such subsection,
provided that, in the case of a violation of subsection
(c)(2)(A), the amount the State or territory shall be
required to repay shall be lesser of--
``(1) the amount of the applicable reduction to net tax
revenue attributable to such violation; and
``(2) the amount of funds received by such State or
territory pursuant to a payment made under this section or a
transfer made under section 603(c)(4).
``(f) Regulations.--The Secretary shall have the authority
to issue such regulations as may be necessary or appropriate
to carry out this section.
``(g) Definitions.--In this section:
``(1) Covered period.--The term `covered period' means,
with respect to a State, territory, or Tribal government, the
period that--
``(A) begins on March 3, 2021; and
``(B) ends on the last day of the fiscal year of such
State, territory, or Tribal government in which all funds
received by the State, territory, or Tribal government from a
payment made under this section or a transfer made under
section 603(c)(4) have been expended or returned to, or
recovered by, the Secretary.
``(2) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(3) State.--The term `State' means each of the 50 States
and the District of Columbia.
``(4) Territory.--The term `territory' means the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, the Commonwealth of the Northern Mariana
Islands, and American Samoa.
``(5) Tribal government.--The term `Tribal Government'
means the recognized governing body of any Indian or Alaska
Native tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
identified (including parenthetically) in the list published
most recently as of the date of enactment of this Act
pursuant to section 104 of the Federally Recognized Indian
Tribe List Act of 1994 (25 U.S.C. 5131).
______