Sec. 199996. Temporary Fiscal Relief for States and Localities
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The Social Security Act ( 42 U.S.C. 301 et seq.) is amended by inserting after title V the following: Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated for fiscal year 2020, $200,000,000,000 for making payments to States, Indian Tribes, and units of local government under this section. Of the amount appropriated under paragraph (10, the Secretary shall reserve— $1,000,000,000 of such amount for making payments to the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or American Samoa; and $10,000,000,000 of such amount for making payments to Indian Tribes.
Subject to paragraph (2), from the amount appropriated under paragraph
(1)of subsection
(a)for fiscal year 2020 which remains after the application of paragraph
(2)of that subsection, the Secretary shall, not later than the later of the date that is 15 days after the date of enactment of this section or the date that a State or Indian Tribe provides the certification required by subsection
(f)for fiscal year 2020, pay each State or Indian Tribe the amount determined for the State or Indian Tribe for fiscal year 2020 under subsection (c). The Secretary shall establish a process under which, not later than 15 days after the date of enactment of this section, a unit of local government located in a State for which the amount of the payment determined for the State under subsection
(c)for fiscal year 2020 exceeds the minimum payment amount under paragraph
(2)of that subsection, may submit the certification required by subsection
(f)to the Secretary and be paid directly the amount determined for such unit of local government under subsection (c). Subject to the succeeding paragraphs of this subsection, the amount paid to a State other than a State that is a territory specified in subsection (a)(2)(A) under this section for fiscal year 2020 shall be the amount equal to the relative population proportion amount described in paragraph
(4)for such fiscal year. No State that is 1 of the 50 States, the District of Columbia, or the Commonwealth of Puerto Rico, shall receive a payment under this section for fiscal year 2020 that is less than, $2,500,000,000. If a unit of local government of a State submits the certification required by subsection
(f)for purposes of receiving a direct payment from the Secretary under subsection (b)(2), the Secretary shall reduce the amount determined for a State under paragraph
(1)or
(2)(as applicable) by the relative unit of local government population proportion (as defined in paragraph (6)). The relative population proportion amount described in this paragraph is the product of— the amount appropriated under paragraph
(1)of subsection
(a)for fiscal year 2020 which remains after the application of paragraph
(2)of that subsection; and the relative State population proportion (as defined in paragraph (5)). For purposes of paragraph (4)(B), the term relative State population proportion means, with respect to a State, the amount equal to the quotient of— the population of the State; and the total population of all States. For purposes of paragraph (3), the term relative unit of local government population proportion means, with respect to a unit of local government, the amount equal to the quotient of— the population of the unit of local government; and the total population of the State in which the unit of local government is located. The amount paid to a State that is a territory specified in subsection (a)(2)(A) under this section for fiscal year 2020, shall be the amount equal to the product of the amount set aside under subsection (a)(2)(A) for such fiscal year and each such territory’s share of the total population among all such territories, as determined by the Secretary. From the amount set aside under subsection (a)(2)(B) for fiscal year 2020, the Secretary shall determine and pay an amount to each Indian Tribe that submits the certification required under subsection
(f)for fiscal year 2020 based on lost revenues of each such Indian Tribe (or a tribally-owned entity of such Tribe) relative to revenues received in the aggregate in fiscal year 2019 by the Indian Tribe (tribally-owned entity), and in such manner as the Secretary determines appropriate to ensure that all amounts available under such subsection for fiscal year 2020 are distributed to eligible Indian Tribes. The Secretary shall adjust on a pro rat basis the amount of the payments determined under this subsection without regard to this paragraph to the extent necessary to comply with the requirements of this subsection. For purposes of this section, the Secretary shall determine the population of a State or unit of local government based on the most recent year for which data are available from the Bureau of the Census. The Secretary shall pay the amounts determined under subsection
(c)for States, territories specified in subsection (a)(2)(A), and Indian Tribes (and if applicable, local units of government) as follows: The Secretary shall make initial payments in accordance with the deadlines specified in subsection
(b)consisting of— in the case of a State for which the amount of payment is determined under paragraph
(1)or
(2)of subsection (c), 50 percent of the amount determined for the State under paragraph
(1)of that subsection (taking into account payments to units of local government, if applicable, under subsections (b)(2) and (c)(3)) or 100 percent of the payment amount specified in paragraph
(2)of that subsection, whichever is greater; and in the case of a territory specified in subsection (a)(2)(A) or an Indian Tribe 100 percent of the amount determined for such territory or Indian Tribe under paragraph
(7)or (8), respectively, of subsection (c). In the case of a State for which the initial payment is 50 percent of the amount determined for the State under subsection (c)(1), the Secretary shall pay the State the remaining 50 percent of such amount on the earlier of— the 1st day of the month succeeding the first month that beings after the date of enactment of this section for which the national employment-to-population ratio is below 60 percent or the seasonally adjusted national unemployment rate (U–3) determined by the Bureau of Labor Statistics of the Department of Labor for the applicable calendar month as initially reported and prior to any subsequent revisions (rounded to the nearest tenth of a percentage point) exceeds 5.0 percent; or July 1, 2020. A unit of local government for which a direct payment may be made under subsections (b)(2) and (c)(3) shall be paid at the same time and in the percentages as the State in which such government is located. Subject to paragraphs
(2)and (3), a State, Indian Tribe, or unit of local government shall use the funds provided under a payment made under this section to cover only those costs of the State, Indian Tribe, or unite of local government, such as costs to administer and provide benefits under State unemployment insurance law, that are attributable to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) that were not accounted for in the budget most recently approved as of the date of enactment of this section for the State, Indian Tribe, or unit of local government and that were incurred during the period that begins on March 1, 2020, and ends on February 28, 2021. Nothwithstanding paragraph (1), a State, Indian Tribe, or unit of local government may use funds provided under a payment made under this section for costs attributable to the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or to provide essential government services accounted for in the budget most recently approved as of the date of enactment of this section for the State, Indian Tribe, or unit of local government that, without the use of such funds, the State, Indian Tribe, or unit of local government would be unable to provide because of decreased or delayed revenues during the period described in paragraph (1). A State, Indian Tribe, or unit of local government may not use funds provided under a payment made under this section to— supplant expenditures permitted under the most recently approved budget for the State, Indian Tribe, or unit of local government for which the State, Indian Tribe, or unit of local government has funds immediately available; or provide any kind of tax cut, rebate, deduction, credit, or any other tax benefit, or to reduce or eliminate any other fee imposed by the State, Indian Tribe, or unit of local government, during the period described in paragraph (1). In order to receive a payment under this section for a fiscal year, a State, Indian Tribe, or unit of local government shall provide the Secretary with a certification signed by the Governor of the State or the Chief Executive for the Indian Tribe or unit of local government that the State’s, Indian Tribe’s, or unit of local government’s proposed uses of the funds are consistent with subsection (e). If the Comptroller General of the United States determines that a State, Indian Tribe, or unit of local government has failed to comply with subparagraph
(B)of subsection (e)(3), the Secretary shall establish a process for recouping from the State, Indian Tribe, or unit of local government an amount equal to the amount of funds used in violation of such subparagraph. Amounts recovered by the Secretary under this subsection shall be used as follows: 65 percent of such amounts shall be transferred or credited to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ); and 35 percent of such amounts shall be transferred or credited to the Capital Magnet Fund established under section 1339 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4569 ). In this section: The term Indian tribe has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ). The term Secretary means the Secretary of the Treasury. The term State means 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. 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 with a population that exceeds 500,000. The amounts provided by this section are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go-Act of 2010 ( 2 U.S.C. 933(g) ). In the Senate, this section is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. .
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Sec. 199996
Temporary Fiscal Relief for States and Localities
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