MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Senator(s) Hopson, Polk, Butler (36th), Frazier, Michel, Parks, Williams, Branning, McLendon, McMahan, Moran, Parker
AN ACT MAKING AN APPROPRIATION FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND TO THE MISSISSIPPI NATIONAL GUARD FOR ALLOWABLE CAPITAL PROJECTS UNDER THE AMERICAN RESCUE PLAN ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money to the credit of the Coronavirus State Fiscal Recovery Fund to the Mississippi National Guard for the purposes described in this section, for the period beginning on July 1, 2021, and ending June 30, 2022..........................
............................................... $ 10,391,000.00.
The funds appropriated under this section are for the purpose of completing capital projects at Mississippi National Guard owned buildings and grounds that are allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith.
SECTION 2. "Capital projects" for the purpose of this act shall mean the following: eligible projects under the Environmental Protection Agency's Clean Water State Revolving Fund (CWSRF) or Drinking Water State Revolving Fund (DWSRF); stormwater management projects that have a water quality benefit; prevention, mitigation, or other services in congregate living facilities and other key settings; ventilation improvements in congregate settings; capital investments in public facilities to implement COVID-19 mitigation tactics; and any other projects that are eligible under ARPA excluding broadband infrastructure.
SECTION 3. It is the intention of the Legislature that no funds appropriated under this act shall be used to pay employee premium payments.
SECTION 4. (1) As used in this section and Section 5 of this act, the term "guard" means the Mississippi National Guard.
(2) The guard shall not disburse any funds appropriated under this act to any recipient without first: (a) making an individualized determination that the reimbursement sought is, in the guard's independent judgment, for necessary expenditures eligible under Section 602 of the federal Social Security Act as added by Section 9901 of the federal American Rescue Plan Act of 2021 (ARPA) and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and (b) determining that the recipient has not received and will not receive reimbursement for the expense in question from any source of funds, including insurance proceeds, other than those funds provided under Section 602 of the federal Social Security Act as added by Section 9901 of (ARPA). In addition, the guard shall ensure that all funds appropriated under this act are disbursed in compliance with the Single Audit Act (31 USC Sections 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR Section 200.303 regarding internal controls, Sections 200.330 through 200.332 regarding sub-recipient monitoring and management, and subpart F regarding audit requirements.
SECTION 5. (1) As a condition of receiving and expending the funds appropriated to the guard under this act, the guard shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the guard under this act complies with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021.
(2) If the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021 (a) determines that the guard or recipient has expended or otherwise used any of the funds appropriated to the guard under this act for any purpose that is not in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by the guard or recipient, then the guard or recipient that expended or otherwise used those funds improperly shall be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.
SECTION 6. The money appropriated by this act shall be paid by the State Treasurer out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his or her warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.
SECTION 7. This act shall take effect and be in force from and after its passage.