II 

117TH CONGRESS 

2D SESSION S. 5323 

To amend title VI of the Social Security Act to allow States and local 

governments to use coronavirus relief funds provided under the American 

Rescue Plan Act for infrastructure projects, improve the Local Assistance 

and Tribal Consistency Fund, provide Tribal governments with more 

time to use Coronavirus Relief Fund payments, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 20, 2022 

Mr. CORNYN (for himself, Mr. PADILLA, Mr. TESTER, and Ms. MURKOWSKI) 

introduced the following bill; which was read twice, considered, read the 

third time, and passed 

A BILL 

To amend title VI of the Social Security Act to allow States 

and local governments to use coronavirus relief funds 

provided under the American Rescue Plan Act for infrastructure projects, improve the Local Assistance and 

Tribal Consistency Fund, provide Tribal governments 

with more time to use Coronavirus Relief Fund payments, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘State, Local, Tribal, 

3 and Territorial Fiscal Recovery, Infrastructure, and Dis4 aster Relief Flexibility Act’’. 

5 SEC. 2. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS 

6 FOR INFRASTRUCTURE PROJECTS. 

7 (a) IN GENERAL.—Title VI of the Social Security Act 

8 (42 U.S.C. 801 et seq.), as amended by section 40909 of 

9 the Infrastructure Investment and Jobs Act, is amended— 

10 (1) in section 602— 

11 (A) in subsection (a)(1), by inserting ‘‘(ex12 cept as provided in subsection (c)(5))’’ after 

13 ‘‘December 31, 2024’’; and 

14 (B) in subsection (c)— 

15 (i) in paragraph (1)— 

16 (I) in the matter preceding sub17 paragraph (A), by striking ‘‘para18 graph (3)’’ and inserting ‘‘paragraphs 

19 (3), (4), and (5)’’; 

20 (II) by amending subparagraph 

21 (C) to read as follows: 

22 ‘‘(C) for the provision of government serv23 ices up to an amount equal to the greater of— 

24 ‘‘(i) the amount of the reduction in 

25 revenue of such State, territory, or Tribal 

26 government due to the COVID–19 public 


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1 health emergency relative to revenues col2 lected in the most recent full fiscal year of 

3 the State, territory, or Tribal government 

4 prior to the emergency; or 

5 ‘‘(ii) $10,000,000;’’; 

6 (III) in subparagraph (D), by 

7 striking the period at the end and in8 serting ‘‘; or’’; and 

9 (IV) by adding at the end the fol10 lowing new subparagraph: 

11 ‘‘(E) to provide emergency relief from nat12 ural disasters or the negative economic impacts 

13 of natural disasters, including temporary emer14 gency housing, food assistance, financial assist15 ance for lost wages, or other immediate needs.’’; 

16 and 

17 (ii) by adding at the end the following 

18 new paragraph: 

19 ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN

20 INFRASTRUCTURE PROJECTS.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (C), notwithstanding any other provision 

23 of law, a State, territory, or Tribal government 

24 receiving a payment under this section may use 

25 funds provided under such payment for projects 


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1 described in subparagraph (B), including, to the 

2 extent consistent with guidance or rules issued 

3 by the Secretary or the head of a Federal agen4 cy to which the Secretary has delegated author5 ity pursuant to subparagraph (C)(iv)— 

6 ‘‘(i) in the case of a project eligible 

7 under section 117 of title 23, United 

8 States Code, or section 5309 or 6701 of 

9 title 49, United States Code, to satisfy a 

10 non-Federal share requirement applicable 

11 to such a project; and 

12 ‘‘(ii) in the case of a project eligible 

13 for credit assistance under the TIFIA pro14 gram under chapter 6 of title 23, United 

15 States Code— 

16 ‘‘(I) to satisfy a non-Federal 

17 share requirement applicable to such a 

18 project; and 

19 ‘‘(II) to repay a loan provided 

20 under such program. 

21 ‘‘(B) PROJECTS DESCRIBED.—A project 

22 referred to in subparagraph (A) is any of the 

23 following: 

24 ‘‘(i) A project eligible under section 

25 117 of title 23, United States Code. 


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1 ‘‘(ii) A project eligible under section 

2 119 of title 23, United States Code. 

3 ‘‘(iii) A project eligible under section 

4 124 of title 23, United States Code, as 

5 added by the Infrastructure Investment 

6 and Jobs Act. 

7 ‘‘(iv) A project eligible under section 

8 133 of title 23, United States Code. 

9 ‘‘(v) An activity to carry out section 

10 134 of title 23, United States Code. 

11 ‘‘(vi) A project eligible under section 

12 148 of title 23, United States Code. 

13 ‘‘(vii) A project eligible under section 

14 149 of title 23, United States Code. 

15 ‘‘(viii) A project eligible under section 

16 151(f) of title 23, United States Code, as 

17 added by the Infrastructure Investment 

18 and Jobs Act. 

19 ‘‘(ix) A project eligible under section 

20 165 of title 23, United States Code. 

21 ‘‘(x) A project eligible under section 

22 167 of title 23, United States Code. 

23 ‘‘(xi) A project eligible under section 

24 173 of title 23, United States Code, as 


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1 added by the Infrastructure Investment 

2 and Jobs Act. 

3 ‘‘(xii) A project eligible under section 

4 175 of title 23, United States Code, as 

5 added by the Infrastructure Investment 

6 and Jobs Act. 

7 ‘‘(xiii) A project eligible under section 

8 176 of title 23, United States Code, as 

9 added by the Infrastructure Investment 

10 and Jobs Act. 

11 ‘‘(xiv) A project eligible under section 

12 202 of title 23, United States Code. 

13 ‘‘(xv) A project eligible under section 

14 203 of title 23, United States Code. 

15 ‘‘(xvi) A project eligible under section 

16 204 of title 23, United States Code. 

17 ‘‘(xvii) A project eligible under the 

18 program for national infrastructure invest19 ments (commonly known as the ‘Rebuild20 ing American Infrastructure with Sustain21 ability and Equity (RAISE) grant pro22 gram’). 

23 ‘‘(xviii) A project eligible for credit as24 sistance under the TIFIA program under 

25 chapter 6 of title 23, United States Code. 


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1 ‘‘(xix) A project that furthers the 

2 completion of a designated route of the Ap3 palachian Development Highway System 

4 under section 14501 of title 40, United 

5 States Code. 

6 ‘‘(xx) A project eligible under section 

7 5307 of title 49, United States Code. 

8 ‘‘(xxi) A project eligible under section 

9 5309 of title 49, United States Code. 

10 ‘‘(xxii) A project eligible under section 

11 5311 of title 49, United States Code. 

12 ‘‘(xxiii) A project eligible under sec13 tion 5337 of title 49, United States Code. 

14 ‘‘(xxiv) A project eligible under section 

15 5339 of title 49, United States Code. 

16 ‘‘(xxv) A project eligible under section 

17 6703 of title 49, United States Code, as 

18 added by the Infrastructure Investment 

19 and Jobs Act. 

20 ‘‘(xxvi) A project eligible under title I 

21 of the Housing and Community Develop22 ment Act of 1974 (42 U.S.C. 5301 et 

23 seq.). 

24 ‘‘(xxvii) A project eligible under the 

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1 vation, protection, and construction pro2 gram under paragraph (1) under the head3 ing ‘HIGHWAY INFRASTRUCTURE PROGRAM’ 

4 under the heading ‘FEDERAL HIGHWAY

5 ADMINISTRATION’ under the heading ‘DE6 PARTMENT OF TRANSPORTATION’ 

7 under title VIII of division J of the Infra8 structure Investment and Jobs Act. 

9 ‘‘(C) LIMITATIONS; APPLICATION OF RE10 QUIREMENTS.— 

11 ‘‘(i) LIMITATION ON AMOUNTS TO BE

12 USED FOR INFRASTRUCTURE PROJECTS.— 

13 ‘‘(I) IN GENERAL.—The total 

14 amount that a State, territory, or 

15 Tribal government may use from a 

16 payment made under this section for 

17 uses described in subparagraph (A) 

18 shall not exceed the greater of— 

19 ‘‘(aa) $10,000,000; and 

20 ‘‘(bb) 30 percent of such 

21 payment. 

22 ‘‘(II) RULE OF APPLICATION.— 

23 The spending limitation under sub24 clause (I) shall not apply to any use 

25 of funds permitted under paragraph 


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1 (1), and any such use of funds shall 

2 be disregarded for purposes of apply3 ing such spending limitation. 

4 ‘‘(ii) LIMITATION ON OPERATING EX5 PENSES.—Funds provided under a pay6 ment made under this section shall not be 

7 used for operating expenses of a project 

8 described in clauses (xx) through (xxiv) of 

9 subparagraph (B). 

10 ‘‘(iii) APPLICATION OF REQUIRE11 MENTS.—Except as otherwise determined 

12 by the Secretary or the head of a Federal 

13 agency to which the Secretary has dele14 gated authority pursuant to clause (iv) or 

15 provided in this section— 

16 ‘‘(I) the requirements of section 

17 60102 of the Infrastructure Invest18 ment and Jobs Act shall apply to 

19 funds provided under a payment made 

20 under this section that are used pur21 suant to subparagraph (A) for a 

22 project described in clause (xxvi) of 

23 subparagraph (B) that relates to 

24 broadband infrastructure; 


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1 ‘‘(II) the requirements of titles 

2 23, 40, and 49 of the United States 

3 Code, title I of the Housing and Com4 munity Development Act of 1974 (42 

5 U.S.C. 5301 et seq.), and the Na6 tional Environmental Policy Act of 

7 1969 (42 U.S.C. 4321 et. seq) shall 

8 apply to funds provided under a pay9 ment made under this section that are 

10 used for projects described in sub11 paragraph (B); and 

12 ‘‘(III) a State government receiv13 ing a payment under this section may 

14 use funds provided under such pay15 ment for projects described in clauses 

16 (i) through (xxvii) of subparagraph 

17 (B), as applicable, that— 

18 ‘‘(aa) demonstrate progress 

19 in achieving a state of good re20 pair as required by the State’s 

21 asset management plan under 

22 section 119(e) of title 23, United 

23 States Code; and 

24 ‘‘(bb) support the achieve25 ment of 1 or more performance 


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1 targets of the State established 

2 under section 150 of title 23, 

3 United States Code. 

4 ‘‘(iv) OVERSIGHT.—The Secretary 

5 may delegate oversight and administration 

6 of the requirements described in clause (iii) 

7 to the appropriate Federal agency. 

8 ‘‘(v) SUPPLEMENT, NOT SUPPLANT.— 

9 Amounts from a payment made under this 

10 section that are used by a State, territory, 

11 or Tribal government for uses described in 

12 subparagraph (A) shall supplement, and 

13 not supplant, other Federal, State, terri14 torial, Tribal, and local government funds 

15 (as applicable) otherwise available for such 

16 uses. 

17 ‘‘(D) REPORTS.—The Secretary, in con18 sultation with the Secretary of Transportation, 

19 shall provide periodic reports on the use of 

20 funds by States, territories, and Tribal govern21 ments under subparagraph (A). 

22 ‘‘(E) AVAILABILITY.—Funds provided 

23 under a payment made under this section to a 

24 State, territory, or Tribal government shall re25 main available for obligation for a use described 


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1 in subparagraph (A) through December 31, 

2 2024, except that no amount of such funds may 

3 be expended after September 30, 2026.’’; and 

4 (2) in subsection 603— 

5 (A) in subsection (a), by inserting ‘‘(except 

6 as provided in subsection (c)(6))’’ after ‘‘De7 cember 31, 2024’’; and 

8 (B) in subsection (c)— 

9 (i) in paragraph (1)— 

10 (I) in the matter preceding sub11 paragraph (A), by striking ‘‘para12 graphs (3) and (4)’’ and inserting 

13 ‘‘paragraphs (3), (4), (5), and (6)’’; 

14 (II) by amending subparagraph 

15 (C) to read as follows: 

16 ‘‘(C) for the provision of government serv17 ices up to an amount equal to the greater of— 

18 ‘‘(i) the amount of the reduction in 

19 revenue of such metropolitan city, non20 entitlement unit of local government, or 

21 county due to the COVID–19 public health 

22 emergency relative to revenues collected in 

23 the most recent full fiscal year of the met24 ropolitan city, nonentitlement unit of local 


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1 government, or county to the emergency; 

2 or 

3 ‘‘(ii) $10,000,000;’’; 

4 (III) in subparagraph (D), by 

5 striking the period at the end and in6 serting ‘‘; or’’; and 

7 (IV) by adding at the end the fol8 lowing new subparagraph: 

9 ‘‘(E) to provide emergency relief from nat10 ural disasters or the negative economic impacts 

11 of natural disasters, including temporary emer12 gency housing, food assistance, financial assist13 ance for lost wages, or other immediate needs.’’; 

14 and 

15 (ii) by adding at the end the following 

16 new paragraph: 

17 ‘‘(6) AUTHORITY TO USE FUNDS FOR CERTAIN

18 INFRASTRUCTURE PROJECTS.— 

19 ‘‘(A) IN GENERAL.—Subject to subpara20 graph (B), notwithstanding any other provision 

21 of law, a metropolitan city, nonentitlement unit 

22 of local government, or county receiving a pay23 ment under this section may use funds provided 

24 under such payment for projects described in 

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1 ing, to the extent consistent with guidance or 

2 rules issued by the Secretary or the head of a 

3 Federal agency to which the Secretary has dele4 gated authority pursuant to subparagraph 

5 (B)(iv)— 

6 ‘‘(i) in the case of a project eligible 

7 under section 117 of title 23, United 

8 States Code, or section 5309 or 6701 of 

9 title 49, United States Code, to satisfy a 

10 non-Federal share requirement applicable 

11 to such a project; and 

12 ‘‘(ii) in the case of a project eligible 

13 for credit assistance under the TIFIA pro14 gram under chapter 6 of title 23, United 

15 States Code— 

16 ‘‘(I) to satisfy a non-Federal 

17 share requirement applicable to such a 

18 project; and 

19 ‘‘(II) to repay a loan provided 

20 under such program. 

21 ‘‘(B) LIMITATIONS; APPLICATION OF RE22 QUIREMENTS.— 

23 ‘‘(i) LIMITATION ON AMOUNTS TO BE

24 USED FOR INFRASTRUCTURE PROJECTS.— 


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1 ‘‘(I) IN GENERAL.—The total 

2 amount that a metropolitan city, non3 entitlement unit of local government, 

4 or county may use from a payment 

5 made under this section for uses de6 scribed in subparagraph (A) shall not 

7 exceed the greater of— 

8 ‘‘(aa) $10,000,000; and 

9 ‘‘(bb) 30 percent of such 

10 payment. 

11 ‘‘(II) RULE OF APPLICATION.— 

12 The spending limitation under sub13 clause (I) shall not apply to any use 

14 of funds permitted under paragraph 

15 (1), and any such use of funds shall 

16 be disregarded for purposes of apply17 ing such spending limitation. 

18 ‘‘(ii) LIMITATION ON OPERATING EX19 PENSES.—Funds provided under a pay20 ment made under this section shall not be 

21 used for operating expenses of a project 

22 described in clauses (xx) through (xxiv) of 

23 section 602(c)(5)(B). 

24 ‘‘(iii) APPLICATION OF REQUIRE25 MENTS.—Except as otherwise determined 


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1 by the Secretary or the head of a Federal 

2 agency to which the Secretary has dele3 gated authority pursuant to clause (iv) or 

4 provided in this section— 

5 ‘‘(I) the requirements of section 

6 60102 of the Infrastructure Invest7 ment and Jobs Act shall apply to 

8 funds provided under a payment made 

9 under this section that are used pur10 suant to subparagraph (A) for a 

11 project described in clause (xxvi) of 

12 section 602(c)(5)(B) that relates to 

13 broadband infrastructure; and 

14 ‘‘(II) the requirements of titles 

15 23, 40, and 49 of the United States 

16 Code, title I of the Housing and Com17 munity Development Act of 1974 (42 

18 U.S.C. 5301 et seq.), and the Na19 tional Environmental Policy Act of 

20 1969 (42 U.S.C. 4321 et. seq) shall 

21 apply to funds provided under a pay22 ment made under this section that are 

23 used for projects described in section 

24 602(c)(5)(B). 


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1 ‘‘(iv) OVERSIGHT.—The Secretary 

2 may delegate oversight and administration 

3 of the requirements described in clause (iii) 

4 to the appropriate Federal agency. 

5 ‘‘(v) SUPPLEMENT, NOT SUPPLANT.— 

6 Amounts from a payment made under this 

7 section that are used by a metropolitan 

8 city, nonentitlement unit of local govern9 ment, or county for uses described in sub10 paragraph (A) shall supplement, and not 

11 supplant, other Federal, State, territorial, 

12 Tribal, and local government funds (as ap13 plicable) otherwise available for such uses. 

14 ‘‘(C) REPORTS.—The Secretary, in con15 sultation with the Secretary of Transportation, 

16 shall provide periodic reports on the use of 

17 funds by metropolitan cities, nonentitlement 

18 units of local government, or counties under 

19 subparagraph (A). 

20 ‘‘(D) AVAILABILITY.—Funds provided 

21 under a payment made under this section to a 

22 metropolitan city, nonentitlement unit of local 

23 government, or county shall remain available 

24 for obligation for a use described in subpara25 graph (A) through December 31, 2024, except 


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1 that no amount of such funds may be expended 

2 after September 30, 2026.’’. 

3 (b) TECHNICAL AMENDMENTS.—Sections 602(c)(3) 

4 and 603(c)(3) of title VI of the Social Security Act (42 

5 U.S.C. 802(c)(3), 803(c)(3)) are each amended by striking 

6 ‘‘paragraph (17) of’’. 

7 (c) GUIDANCE AND EFFECTIVE DATE.— 

8 (1) GUIDANCE OR RULE.—Within 60 days of 

9 the date of enactment of this Act, the Secretary of 

10 the Treasury, in consultation with the Secretary of 

11 Transportation, shall issue guidance or promulgate a 

12 rule to carry out the amendments made by this sec13 tion, including updating reporting requirements on 

14 the use of funds under this section. 

15 (2) EFFECTIVE DATE.—The amendments made 

16 by this section shall take effect upon the issuance of 

17 guidance or the promulgation of a rule described in 

18 paragraph (1). 

19 (d) DEPARTMENT OF THE TREASURY ADMINISTRA20 TIVE EXPENSES.— 

21 (1) REDUCTION OF FUNDS AVAILABLE FOR AD22 MINISTRATIVE EXPENSES.—Title IV of division A of 

23 the Coronavirus Aid, Relief, and Economic Security 

24 Act (Public Law 116–136) is amended— 


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1 (A) in section 4003(f), by striking 

2 ‘‘$100,000,000’’ and inserting ‘‘61,000,000’’; 

3 and 

4 (B) in section 4112(b), by striking 

5 ‘‘$100,000,000’’ and inserting ‘‘$67,000,000’’. 

6 (2) AUTHORITY.—Notwithstanding any other 

7 provision of law, the unobligated balances from 

8 amounts made available to the Secretary of the 

9 Treasury (referred to in this subsection as the ‘‘Sec10 retary’’) for administrative expenses pursuant to the 

11 provisions specified in paragraph (3) shall be avail12 able to the Secretary (in addition to any other ap13 propriations provided for such purpose) for the pur14 pose described in paragraph (4) (subject to the limi15 tation in such paragraph) and for administrative ex16 penses of the Department of the Treasury, except 

17 for the Internal Revenue Service, determined by the 

18 Secretary to be necessary to respond to the 

19 coronavirus emergency, including any expenses nec20 essary to implement any provision of— 

21 (A) the Coronavirus Aid, Relief, and Eco22 nomic Security Act (Public Law 116–136); 

23 (B) division N of the Consolidated Appro24 priations Act, 2021 (Public Law 116–260); 


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1 (C) the American Rescue Plan Act (Public 

2 Law 117–2); or 

3 (D) title VI of the Social Security Act (42 

4 U.S.C. 801 et seq.). 

5 (3) PROVISIONS SPECIFIED.—The provisions 

6 specified in this paragraph are the following: 

7 (A) Amounts made available under section 

8 4027(a) of the Coronavirus Aid, Relief, and 

9 Economic Security Act (15 U.S.C. 9061(a)) to 

10 pay costs and administrative expenses under 

11 section 4003(f) of such Act (15 U.S.C. 

12 9042(f))) and amounts made available by sec13 tion 4120(a) of the Coronavirus Aid, Relief, 

14 and Economic Security Act (15 U.S.C. 9080) to 

15 pay costs and administrative expenses under 

16 section 4112(b) of such Act (15 U.S.C. 

17 9072(b)) (after application of the amendments 

18 made by paragraph (1) of this subsection). 

19 (B) Section 421(f)(2) of division N of the 

20 Consolidated Appropriations Act, 2021 (Public 

21 Law 116–260). 

22 (C) Sections 3201(a)(2)(B), 

23 3206(d)(1)(A), and 7301(b)(5) of the American 

24 Rescue Plan Act of 2021 (Public Law 117–2). 


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1 (D) Section 602(a)(2) of the Social Secu2 rity Act (42 U.S.C. 802(a)(2)). 

3 (4) PAYMENTS TO ELIGIBLE REVENUE SHARING

4 CONSOLIDATED GOVERNMENTS.—Of amounts made 

5 available under paragraph (2), up to $10,600,000 

6 shall be available to the Secretary (in addition to 

7 any other appropriations provided for such purpose) 

8 for making payments to eligible revenue sharing con9 solidated governments under subsection (g) of sec10 tion 605 of the Social Security Act (42 U.S.C. 805), 

11 as added by section 3 of this Act. 

12 SEC. 3. ALLOWING PAYMENTS TO ELIGIBLE REVENUE 

13 SHARING CONSOLIDATED GOVERNMENTS 

14 FROM LOCAL ASSISTANCE AND TRIBAL CON15 SISTENCY FUND. 

16 (a) IN GENERAL.—Section 605 of the Social Security 

17 Act (42 U.S.C. 805) is amended by adding at the end the 

18 following new subsection: 

19 ‘‘(g) PAYMENTS TO ELIGIBLE REVENUE SHARING

20 CONSOLIDATED GOVERNMENTS.— 

21 ‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHAR22 ING CONSOLIDATED GOVERNMENTS FOR FISCAL

23 YEARS 2023 AND 2024.—The Secretary shall allocate 

24 and pay to each eligible revenue sharing consolidated 

25 government for each of fiscal years 2023 and 2024 


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1 an amount equal to the amount that the Secretary 

2 would have allocated to such eligible revenue sharing 

3 consolidated government for fiscal year 2022 if all 

4 eligible revenue sharing consolidated governments 

5 had been treated as eligible revenue sharing counties 

6 for purposes of being eligible for payments under 

7 subsection (b)(1) for such fiscal year using the allo8 cation methodology adopted by the Department of 

9 the Treasury for such eligible revenue sharing coun10 ties as of the date of enactment of this subsection. 

11 ‘‘(2) FUNDING FOR PAYMENTS.— 

12 ‘‘(A) IN GENERAL.—The Secretary shall 

13 make the allocations and payments described in 

14 paragraph (1) from the amounts described in 

15 subparagraph (B), which shall be available to 

16 the Secretary for such purpose notwithstanding 

17 any other provision of law. 

18 ‘‘(B) AMOUNTS DESCRIBED.—The 

19 amounts described in this subparagraph are the 

20 following: 

21 ‘‘(i) Any amount allocated to an eligi22 ble revenue sharing county under sub23 section (b)(1) for fiscal year 2022 or 2023 

24 that, as of January 31, 2023, has not been 

25 requested by such county. 


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1 ‘‘(ii) Amounts made available to the 

2 Secretary under section 2(d)(4) of the 

3 State, Local, Tribal, and Territorial Fiscal 

4 Recovery, Infrastructure, and Disaster Re5 lief Flexibility Act.’’. 

6 (b) CONFORMING AMENDMENTS.—Section 605 of the 

7 Social Security Act (42 U.S.C. 805), as amended by sub8 section (a), is further amended— 

9 (1) in subsection (a), by inserting ‘‘, subject to 

10 subsection (g),’’ after ‘‘obligated’’; 

11 (2) in subsection (c), by striking ‘‘or an eligible 

12 Tribal government’’ and inserting ‘‘, an eligible 

13 Tribal government, or an eligible revenue sharing 

14 consolidated government’’; 

15 (3) in subsections (d) and (e), by inserting ‘‘or 

16 eligible revenue sharing consolidated government’’ 

17 after ‘‘eligible revenue sharing county’’ each place it 

18 appears; and 

19 (4) in subsection (f)— 

20 (A) by redesignating paragraphs (1) 

21 through (4) as paragraphs (2) through (5), re22 spectively; and 

23 (B) by inserting before paragraph (2) (as 

24 so redesignated) the following new paragraph: 


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1 ‘‘(1) ELIGIBLE REVENUE SHARING CONSOLI2 DATED GOVERNMENT.—The term ‘eligible revenue 

3 sharing consolidated government’ means a county, 

4 parish, or borough— 

5 ‘‘(A) that has been classified by the Bu6 reau of the Census as an active government 

7 consolidated with another government; and 

8 ‘‘(B) for which, as determined by the Sec9 retary, there is a negative revenue impact due 

10 to implementation of a Federal program or 

11 changes to such program.’’. 

12 SEC. 4. EXTENSION OF AVAILABILITY OF CORONAVIRUS 

13 RELIEF FUND PAYMENTS TO TRIBAL GOV14 ERNMENTS. 

15 Section 601(d)(3) of the Social Security Act (42 

16 U.S.C. 801(d)(3)) is amended by inserting ‘‘(or, in the 

17 case of costs incurred by a Tribal government, during the 

18 period that begins on March 1, 2020, and ends on Decem19 ber 31, 2022)’’ before the period. 


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1 SEC. 5. RESCISSION OF CORONAVIRUS RELIEF AND RECOV2 ERY FUNDS DECLINED BY STATES, TERRI3 TORIES, OR OTHER GOVERNMENTAL ENTI4 TIES. 

5 Title VI of the Social Security Act (42 U.S.C. 801 

6 et seq.) is amended by adding at the end the following 

7 new section: 

8 ‘‘SEC. 606. RESCISSION OF FUNDS DECLINED BY STATES, 

9 TERRITORIES, OR OTHER GOVERNMENTAL 

10 ENTITIES. 

11 ‘‘(a) RESCISSION.— 

12 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

13 and (3), if a State, territory, or other governmental 

14 entity provides notice to the Secretary of the Treas15 ury in the manner provided by the Secretary of the 

16 Treasury that the State, territory, or other govern17 mental entity intends to decline all or a portion of 

18 the amounts that are to be awarded to the State, 

19 territory, or other governmental entity from funds 

20 appropriated under this title, an amount equal to 

21 the unaccepted amounts or portion of such amounts 

22 allocated by the Secretary of the Treasury as of the 

23 date of such notice that would have been awarded to 

24 the State, territory, or other governmental entity 

25 shall be rescinded from the applicable appropriation 

26 account. 


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26 

•S 5323 CPS

1 ‘‘(2) EXCLUSION.—Paragraph (1) shall not 

2 apply with respect to funds that are to be paid to 

3 a State under section 603 for distribution to non4 entitlement units of local government. 

5 ‘‘(3) RULES OF CONSTRUCTION.—Paragraph 

6 (1) shall not be construed as— 

7 ‘‘(A) preventing a sub-State governmental 

8 entity, including a nonentitlement unit of local 

9 government, from notifying the Secretary of the 

10 Treasury that the sub-State governmental enti11 ty intends to decline all or a portion of the 

12 amounts that a State may distribute to the en13 tity from funds appropriated under this title; or 

14 ‘‘(B) allowing a State to prohibit or other15 wise prevent a sub-State governmental entity 

16 from providing such a notice. 

17 ‘‘(b) USE FOR DEFICIT REDUCTION.—Amounts re18 scinded under subsection (a) shall be deposited in the gen19 eral fund of the Treasury for the sole purpose of deficit 

20 reduction. 

21 ‘‘(c) STATE OR OTHER GOVERNMENTAL ENTITY DE22 FINED.—In this section, the term ‘State, territory, or 

23 other governmental entity’ means any entity to which a 

24 payment may be made directly to the entity under this 

25 title other than a Tribal government, as defined in sections 


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27 

•S 5323 CPS

1 601(g), 602(g), and 604(d), and an eligible Tribal govern2 ment, as defined in section 605(f).’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS