Title: New Jersey, New York, and Highly Impacted States COVID–19 Relief Fund Act
Policy area: Government Operations and Politics

Summary:
New Jersey, New York, and Highly Impacted States COVID-19 Relief Fund Act
This bill provides additional appropriations for the Department of the Treasury to make payments to states, territories, tribal governments, cities, counties, and other units of local government to mitigate the fiscal effects of the COVID-19 public health emergency.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6914 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6914

Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 2020, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2020

    Mr. Smith of New Jersey (for himself and Mr. King of New York) 
 introduced the following bill; which was referred to the Committee on 
 Appropriations, and in addition to the Committee on the Budget, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 2020, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``New Jersey, New York, and Highly 
Impacted States COVID-19 Relief Fund Act''.

SEC. 2. CORONAVIRUS STATE AND LOCAL FISCAL RELIEF FUNDS.

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, and for other purposes, namely:

                       DEPARTMENT OF THE TREASURY

                      office of inspector general

                         salaries and expenses

    For an additional amount for ``Salaries and Expenses'', 
$15,000,000, to remain available until expended, to conduct monitoring 
and oversight of the receipt, disbursement, and use of funds made 
available under the ``Coronavirus State Fiscal Relief Fund'' and the 
``Coronavirus Local Fiscal Relief Fund'' (collectively, ``Fiscal Relief 
Funds''):  Provided, That, if the Inspector General of the Department 
of the Treasury determines that an entity receiving a payment from 
amounts provided by the Fiscal Relief Funds has failed to comply with 
the provisions governing the use of such funding, the Inspector General 
shall transmit any relevant information related to such determination 
to the Committees on Appropriations of the House of Representatives and 
the Senate not later than 5 days after any such determination is made:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                  coronavirus state fiscal relief fund

    For making payments 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), 
$300,000,000,000 to remain available until expended, which shall be in 
addition to any other amounts available for making payments to States, 
territories, and Tribal governments for any purpose (including payments 
made under section 601 of the Social Security Act), of which:
            (1) $10,000,000,000 shall be for making payments to the 
        District of Columbia, Commonwealth of Puerto Rico, United 
        States Virgin Islands, Guam, Commonwealth of the Northern 
        Mariana Islands, and American Samoa: Provided, That of the 
        amount made available in this paragraph, half shall be 
        allocated equally among each entity specified in this 
        paragraph, and half shall be allocated as an additional amount 
        to each such entity in an amount which bears the same 
        proportion to half of the total amount provided under this 
        paragraph as the relative population of each such entity bears 
        to the total population of all such entities;
            (2) $10,000,000,000 shall be for making payments to Tribal 
        governments: Provided, That payments of amounts made available 
        in this paragraph shall be made to each Tribal Government in an 
        amount determined by the Secretary of the Treasury, in 
        consultation with the Secretary of the Interior and Indian 
        Tribes, that is based on increased aggregate expenditures of 
        each such Tribal government (or a tribally owned entity of such 
        Tribal government) in fiscal year 2020 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 pursuant to the preceding proviso for fiscal year 
        2020 are distributed to Tribal governments;
            (3) $280,000,000,000 shall be for making payments to each 
        of the 50 States, of which--
                    (A) $40,000,000,000 shall be allocated equally 
                between each of the 50 States;
                    (B) $140,000,000,000 shall be allocated as an 
                additional amount to each such entity in an amount 
                which bears the same proportion to the total amount 
                provided under this subparagraph as the relative 
                population of each such entity bears to the total 
                population of all such entities;
                    (C) $100,000,000,000 shall be allocated as 
                additional amounts among each of the 50 States, the 
                District of Columbia, and the Five Territories in an 
                amount which bears the same proportion to the total 
                amount provided under this subparagraph as the relative 
                prevalence of COVID-19 within each such entity bears to 
                the total prevalence of COVID-19 within all such 
                entities: Provided, That the relative prevalence of 
                COVID-19 shall be calculated using the most recent data 
                on the number of confirmed and probable cases as 
                published on the internet by the Centers for Disease 
                Control and Prevention for each entity specified in the 
                preceding proviso;
 Provided further, That any entity receiving a payment from funds made 
available under this heading in this Act shall only use such amounts to 
respond to, mitigate, cover costs or replace foregone revenues not 
projected on January 31, 2020 stemming from the public health 
emergency, or its negative economic impacts, with respect to the 
Coronavirus Disease (COVID-19): Provided further, That if the Inspector 
General of the Department of the Treasury determines that an entity 
receiving a payment from amounts provided under this heading has failed 
to comply with the preceding proviso, 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, and any amounts recovered 
under this subsection shall be deposited into the general fund of the 
Treasury as discretionary offsetting receipts: Provided further, That 
for purposes of the preceding provisos under this heading in this Act, 
the population of each entity described in any such proviso shall be 
determined based on the most recent year for which data are available 
from the Bureau of the Census, or in the case of an Indian tribe, shall 
be determined based on data certified by the Tribal government: 
Provided further, That as used under this heading in this Act, the 
terms ``Tribal government'' and ``Indian Tribe'' have the same meanings 
as specified in section 601(g) of the Social Security Act (42 U.S.C. 
601(g)), as added by section 5001 of the CARES Act (Public Law 116-
136), and the term ``State'' means one of the 50 States: Provided 
further, That the Secretary of Treasury shall make all payments 
required pursuant to paragraphs (1), (2), and (3) not later than 30 
days after the date of enactment of this Act. Provided further, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                  coronavirus local fiscal relief fund

    For making payments to metropolitan cities, counties, and other 
units of general local government to mitigate the fiscal effects 
stemming from the public health emergency with respect to the 
Coronavirus Disease (COVID-19), $200,000,000,000, to remain available 
until expended, which shall be in addition to any other amounts 
available for making payments to metropolitan cities, counties, and 
other units of general local government (including payments made under 
section 601 of the Social Security Act), of which--
            (1) $100,000,000,000 shall be for making payments to 
        metropolitan cities and other units of general local government 
        (as those terms are defined in section 102 of the Housing and 
        Community Development Act of 1974 (42 U.S.C. 5302)), of which--
                    (A) $750,000,000 shall be allocated pursuant to the 
                formula under section 106(b)(1) of the Housing and 
                Community Development Act of 1974 (42 U.S.C. 
                5306(b)(1)) to metropolitan cities (as defined in 
                section 102(a)(4) of such Act (42 U.S.C. 5302(a)(4)), 
                including metropolitan cities that have relinquished or 
                deferred their status as a metropolitan city as of the 
                date of enactment of this Act: Provided, That the funds 
                provided under this subparagraph shall be paid not 
                later than 30 days after the date of enactment of this 
                Act; and
                    (B) $250,000,000 shall be distributed to each State 
                (as that term is defined in section 102 of the Housing 
                and Community Development Act of 1974 (42 U.S.C. 5302)) 
                for use by units of general local government, other 
                than counties or parishes, in nonentitlement areas (as 
                defined in such section 102) of such States in an 
                amount which bears the same proportion to the total 
                amount provided under this subparagraph as the total 
                population of such units of general local government 
                within the State bears to the total population of all 
                such units of general local government in all such 
                States: Provided, That the funds provided under this 
                subparagraph and allocated to each such unit of general 
                local government shall be distributed to each such unit 
                of general local government not later than 30 days 
                after the date of enactment of this Act: Provided 
                further, That if a State has not elected to distribute 
                amounts allocated under this paragraph, the Secretary 
                of the Treasury shall pay the applicable amounts under 
                this subparagraph to such units of general local 
                government in the State not later than 30 days after 
                the date on which the State would otherwise have 
                received the amounts from the Secretary; and
            (2) $100,000,000,000 shall be paid directly to counties 
        within 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 in an amount which bears the same proportion to 
        the total amount provided under this paragraph as the relative 
        population of each such county bears to the total population of 
        all such entities: Provided, That the funds provided under this 
        paragraph and allocated to each such county shall be 
        distributed to each such county not later than 30 days after 
        the date of enactment of this Act: Provided further, That 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 distributed 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)): Provided further, 
        That 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:
 Provided further, That any entity receiving a payment from funds made 
available under this heading in this Act shall only use such amounts to 
respond to, mitigate, cover costs or replace foregone revenues not 
projected on January 31, 2020 stemming from the public health 
emergency, or its negative economic impacts, with respect to the 
Coronavirus Disease (COVID-19): Provided further, That if the Inspector 
General of the Department of the Treasury determines that an entity 
receiving a payment from amounts provided under this heading has failed 
to comply with the preceding proviso, 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, and any amounts recovered 
under this subsection shall be deposited into the general fund of the 
Treasury as discretionary offsetting receipts: Provided further, That 
nothing in paragraph (1) or (2) shall be construed as prohibiting 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 from 
receiving a distribution under each of subparagraphs (A) and (B) under 
paragraph (1) or under paragraph (2), as applicable, based on the 
respective formulas specified contained therein: Provided further, That 
the amounts otherwise determined for distribution to units of local 
government under each of subparagraphs (A) and (B) under paragraph (1) 
and under paragraph (2) shall each be adjusted by the Secretary of the 
Treasury on a pro rata basis to the extent necessary to comply with the 
amount appropriated and the requirements specified in each paragraph 
and subparagraph, as applicable: Provided further, That as used under 
this heading in this Act, the term ``county'' means a county, parish, 
or other equivalent county division (as defined by the Bureau of the 
Census): Provided further, That for purposes of the preceding provisos 
under this heading in this Act, the population of an entity shall be 
determined based on the most recent year for which data are available 
from the Bureau of the Census: Provided further, That such amount is 
designated by Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

SEC. 3. OTHER REQUIREMENTS.

    Amounts appropriated for fiscal year 2020 under this Act shall be 
subject to the requirements contained in Public Law 116-94 for funds 
for programs authorized under sections 330 through 340 of the Public 
Health Service Act (42 U.S.C. 254 through 256).
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