Sec. 5001. Coronavirus State and Local Fiscal Recovery Funds
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Title VI of the Social Security Act ( 42 U.S.C. 801 et seq.) is amended by adding at the end the following: In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $219,800,000,000, to remain available until expended, 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). The Secretary shall reserve $4,500,000,000 of the amount appropriated under subsection
(a)to make payments to the territories. Of the amount reserved under subparagraph (A)— 50 percent of such amount shall be allocated by the Secretary equally among each territory; and 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. The Secretary shall pay each territory the total of the amounts allocated for the territory under subparagraph (B). The Secretary shall reserve $20,000,000,000 of the amount appropriated under subsection
(a)to make payments to Tribal governments. Of the amount reserved under subparagraph (A)— $1,000,000,000 shall be allocated by the Secretary equally among each Tribal government; and $19,000,000,000 shall be allocated by the Secretary among each Tribal government in an amount determined by the Secretary. The Secretary shall pay each Tribal government the total of the amounts allocated for the Tribal government under subparagraph (B). The Secretary shall reserve $195,300,000,000 of the amount appropriated under subsection
(a)to make payments to each of the 50 States and the District of Columbia. Of the amount reserved under subparagraph (A)— $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; an amount equal to $1,250,000,000 less the amount allocated for the District of Columbia pursuant to section 601(c)(6) shall allocated by the Secretary as an additional amount to the District of Columbia; and 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 in 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. The Secretary shall pay each of the 50 States and the District of Columbia the total of the amounts allocated for the State and District of Columbia under subparagraph (B). For purposes of determining allocations for a State or territory under this section, the population of the State or territory shall be determined based on the most recent data available from the Bureau of the Census. Subject to subparagraph (B), 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. With respect to the amount allocated to the District of Columbia under paragraph (3)(B)(ii)— the Secretary shall pay such amount to the District of Columbia not later than 15 days after the date of enactment of this section; and the District of Columbia shall not be required to submit a certification under subsection
(d)as a condition for receiving such payment. 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). 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)(3), to— respond to or mitigate the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or its negative economic impacts; cover costs incurred as a result of such emergency; replace revenue that was lost, delayed, or decreased (as determined based on revenue projections for the State, Tribal Government, or territory as of January 27, 2020) as a result of such emergency; or address the negative economic impacts of such emergency. 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) ), or a public benefit corporation involved in the transportation of passengers or cargo, a special-purpose unit of State or local government. In order to receive a payment under this section (other than the payment made in accordance with subsection (b)(5)(B) of this section) or a transfer of funds under section 603(c)(3), a State, territory, or Tribal government shall provide the Secretary with a certification signed by the authorized officer of such State, territory, or Tribal government, that— such State, territory, or Tribal government requires Federal assistance under this section to effectively carry out the activities specified in subsection
(c)of this section; and such State, territory, or Tribal government’s intended uses of any payment under this section, or transfer of funds under section 603(c)(3), are consistent with subsection
(c)of this section. In this section: The term Secretary means the Secretary of the Treasury. The term State means each of the 50 States and the District of Columbia. 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. 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 ). In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $130,200,000,000, to remain available until expended, 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). Of the amount appropriated under subsection (a), the Secretary shall reserve $45,570,000,000 to make payments to metropolitan cities. From the amount reserved under subparagraph (A), the Secretary shall estimate, allocate, and 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. Of the amount appropriated under subsection (a), the Secretary shall reserve $19,530,000,000 to make payments to States for distribution by the State to nonentitlement units of local government in the State. From the amount reserved under subparagraph (A), the Secretary shall allocate and pay to each State an amount which bears the same proportion to such reserved amount as the total population of all areas that are non-metropolitan cities in the State bears to the total population of all areas that are non-metropolitan cities in all such States. 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). 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). 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, the 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— 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 the Secretary certifies in writing that the actions specified in such plan are likely sufficient for the State to make all such distributions before the end of the distribution period (as so extended). 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). 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. Any amounts not distributed to a nonentitlement unit of local government as a result of the application of clause
(iii)shall be retained or paid as follows: 50 percent of all such undistributed amounts shall be retained by the State. Subject to the payment limit under clause (iii), the remainder of all such undistributed amounts shall be allocated and paid by the State to each nonentitlement unit of local government in the State an amount that bears the same proportion to such remainder as the population of the nonentitlement unit of local government bears to the total population of all nonentitlement units of local government in the State. A State may make pro rata adjustments to the allocations determined under clause (iv)(II) as necessary to comply with clause
(iii)and ensure that all available funds are distributed to nonentitlement units of local government in a State. If, by the end of the 120-day period that begins on the date a State receives a payment 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. From the amount appropriated under subsection (a), the Secretary shall reserve $65,100,000,000 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 relative population of each such county bears to the total population of all such entities. 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) ). 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 units of general local government within such county in an amounts that bear the same proportion as the population of such units of general local government bear to the total population of such county. 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. 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. 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). 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. To the extent practicable— with respect to each metropolitan city allocated a payment under paragraph
(1)and each county allocated a payment under paragraph (3), the Secretary shall make the payment required for the metropolitan city or county (as applicable) not later than 60 days after the date on which the certification required under subsection
(d)is provided to the Secretary; and with respect to the payments allocated to States under paragraph
(2)for distribution to nonentitlement units of local government, the Secretary shall make such payments not later than 60 days after the date of enactment of this section. Except as provided in paragraph (3), a metropolitan city, nonentitlement unit of local government, or county receiving a payment from funds made available under this section shall only use such amounts to— respond to or mitigate the public health emergency with respect to the Coronavirus Disease 2019 (COVID–19) or its negative economic impacts; cover costs incurred as a result of such emergency; replace revenue that was lost, delayed, or decreased (as determined based on revenue projections for the metropolitan city, nonentitlement unit of local government, or county as of January 27, 2020) as a result of such emergency; or address the negative economic impacts of such emergency. 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. Notwithstanding paragraph
(1)of this subsection, 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. In order to receive a payment under paragraphs
(1)or
(3)of subsection (b), a metropolitan city or a county (as each of those terms are defined in subsection (e)), shall provide the Secretary with a certification signed by the authorized officer of such metropolitan city or county, that— such metropolitan city or county requires Federal assistance under this section to effectively carry out the activities specified in subsection (c); and such metropolitan city or county’s intended uses of any payment under this section are consistent with subsection (c). In this section: The term county means a county, parish, or other equivalent county division (as defined by the Bureau of the Census). 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. 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. The term Secretary means the Secretary of the Treasury. 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. 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) ). . The heading for title VI of the Social Security Act ( 42 U.S.C. 801 et seq.) is amended by striking and inserting Fund . and Fiscal Recovery Funds
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Sec. 5001
Coronavirus State and Local Fiscal Recovery Funds
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