117TH CONGRESS 

2D SESSION S. 5323 

AN ACT 

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

3 SECTION 1. SHORT TITLE. 

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

5 and Territorial Fiscal Recovery, Infrastructure, and Dis6 aster Relief Flexibility Act’’. 

7 SEC. 2. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS 

8 FOR INFRASTRUCTURE PROJECTS. 

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

10 (42 U.S.C. 801 et seq.), as amended by section 40909 of 

11 the Infrastructure Investment and Jobs Act, is amended— 

12 (1) in section 602— 

13 (A) in subsection (a)(1), by inserting ‘‘(ex14 cept as provided in subsection (c)(5))’’ after 

15 ‘‘December 31, 2024’’; and 

16 (B) in subsection (c)— 

17 (i) in paragraph (1)— 

18 (I) in the matter preceding sub19 paragraph (A), by striking ‘‘para20 graph (3)’’ and inserting ‘‘paragraphs 

21 (3), (4), and (5)’’; 

22 (II) by amending subparagraph 

23 (C) to read as follows: 

24 ‘‘(C) for the provision of government serv25 ices up to an amount equal to the greater of— 
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1 ‘‘(i) the amount of the reduction in 

2 revenue of such State, territory, or Tribal 

3 government due to the COVID–19 public 

4 health emergency relative to revenues col5 lected in the most recent full fiscal year of 

6 the State, territory, or Tribal government 

7 prior to the emergency; or 

8 ‘‘(ii) $10,000,000;’’; 

9 (III) in subparagraph (D), by 

10 striking the period at the end and in11 serting ‘‘; or’’; and 

12 (IV) by adding at the end the fol13 lowing new subparagraph: 

14 ‘‘(E) to provide emergency relief from nat15 ural disasters or the negative economic impacts 

16 of natural disasters, including temporary emer17 gency housing, food assistance, financial assist18 ance for lost wages, or other immediate needs.’’; 

19 and 

20 (ii) by adding at the end the following 

21 new paragraph: 

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

23 INFRASTRUCTURE PROJECTS.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (C), notwithstanding any other provision 
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1 of law, a State, territory, or Tribal government 

2 receiving a payment under this section may use 

3 funds provided under such payment for projects 

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

5 extent consistent with guidance or rules issued 

6 by the Secretary or the head of a Federal agen7 cy to which the Secretary has delegated author8 ity pursuant to subparagraph (C)(iv)— 

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

10 under section 117 of title 23, United 

11 States Code, or section 5309 or 6701 of 

12 title 49, United States Code, to satisfy a 

13 non-Federal share requirement applicable 

14 to such a project; and 

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

16 for credit assistance under the TIFIA pro17 gram under chapter 6 of title 23, United 

18 States Code— 

19 ‘‘(I) to satisfy a non-Federal 

20 share requirement applicable to such a 

21 project; and 

22 ‘‘(II) to repay a loan provided 

23 under such program. 
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1 ‘‘(B) PROJECTS DESCRIBED.—A project 

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

3 following: 

4 ‘‘(i) A project eligible under section 

5 117 of title 23, United States Code. 

6 ‘‘(ii) A project eligible under section 

7 119 of title 23, United States Code. 

8 ‘‘(iii) A project eligible under section 

9 124 of title 23, United States Code, as 

10 added by the Infrastructure Investment 

11 and Jobs Act. 

12 ‘‘(iv) A project eligible under section 

13 133 of title 23, United States Code. 

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

15 134 of title 23, United States Code. 

16 ‘‘(vi) A project eligible under section 

17 148 of title 23, United States Code. 

18 ‘‘(vii) A project eligible under section 

19 149 of title 23, United States Code. 

20 ‘‘(viii) A project eligible under section 

21 151(f) of title 23, United States Code, as 

22 added by the Infrastructure Investment 

23 and Jobs Act. 

24 ‘‘(ix) A project eligible under section 

25 165 of title 23, United States Code. 
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1 ‘‘(x) A project eligible under section 

2 167 of title 23, United States Code. 

3 ‘‘(xi) A project eligible under section 

4 173 of title 23, United States Code, as 

5 added by the Infrastructure Investment 

6 and Jobs Act. 

7 ‘‘(xii) A project eligible under section 

8 175 of title 23, United States Code, as 

9 added by the Infrastructure Investment 

10 and Jobs Act. 

11 ‘‘(xiii) A project eligible under section 

12 176 of title 23, United States Code, as 

13 added by the Infrastructure Investment 

14 and Jobs Act. 

15 ‘‘(xiv) A project eligible under section 

16 202 of title 23, United States Code. 

17 ‘‘(xv) A project eligible under section 

18 203 of title 23, United States Code. 

19 ‘‘(xvi) A project eligible under section 

20 204 of title 23, United States Code. 

21 ‘‘(xvii) A project eligible under the 

22 program for national infrastructure invest23 ments (commonly known as the ‘Rebuild24 ing American Infrastructure with Sustain-
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1 ability and Equity (RAISE) grant pro2 gram’). 

3 ‘‘(xviii) A project eligible for credit as4 sistance under the TIFIA program under 

5 chapter 6 of title 23, United States Code. 

6 ‘‘(xix) A project that furthers the 

7 completion of a designated route of the Ap8 palachian Development Highway System 

9 under section 14501 of title 40, United 

10 States Code. 

11 ‘‘(xx) A project eligible under section 

12 5307 of title 49, United States Code. 

13 ‘‘(xxi) A project eligible under section 

14 5309 of title 49, United States Code. 

15 ‘‘(xxii) A project eligible under section 

16 5311 of title 49, United States Code. 

17 ‘‘(xxiii) A project eligible under sec18 tion 5337 of title 49, United States Code. 

19 ‘‘(xxiv) A project eligible under section 

20 5339 of title 49, United States Code. 

21 ‘‘(xxv) A project eligible under section 

22 6703 of title 49, United States Code, as 

23 added by the Infrastructure Investment 

24 and Jobs Act. 
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1 ‘‘(xxvi) A project eligible under title I 

2 of the Housing and Community Develop3 ment Act of 1974 (42 U.S.C. 5301 et 

4 seq.). 

5 ‘‘(xxvii) A project eligible under the 

6 bridge replacement, rehabilitation, preser7 vation, protection, and construction pro8 gram under paragraph (1) under the head9 ing ‘HIGHWAY INFRASTRUCTURE PROGRAM’ 

10 under the heading ‘FEDERAL HIGHWAY

11 ADMINISTRATION’ under the heading ‘DE12 PARTMENT OF TRANSPORTATION’ 

13 under title VIII of division J of the Infra14 structure Investment and Jobs Act. 

15 ‘‘(C) LIMITATIONS; APPLICATION OF RE16 QUIREMENTS.— 

17 ‘‘(i) LIMITATION ON AMOUNTS TO BE

18 USED FOR INFRASTRUCTURE PROJECTS.— 

19 ‘‘(I) IN GENERAL.—The total 

20 amount that a State, territory, or 

21 Tribal government may use from a 

22 payment made under this section for 

23 uses described in subparagraph (A) 

24 shall not exceed the greater of— 

25 ‘‘(aa) $10,000,000; and 
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1 ‘‘(bb) 30 percent of such 

2 payment. 

3 ‘‘(II) RULE OF APPLICATION.— 

4 The spending limitation under sub5 clause (I) shall not apply to any use 

6 of funds permitted under paragraph 

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

8 be disregarded for purposes of apply9 ing such spending limitation. 

10 ‘‘(ii) LIMITATION ON OPERATING EX11 PENSES.—Funds provided under a pay12 ment made under this section shall not be 

13 used for operating expenses of a project 

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

15 subparagraph (B). 

16 ‘‘(iii) APPLICATION OF REQUIRE17 MENTS.—Except as otherwise determined 

18 by the Secretary or the head of a Federal 

19 agency to which the Secretary has dele20 gated authority pursuant to clause (iv) or 

21 provided in this section— 

22 ‘‘(I) the requirements of section 

23 60102 of the Infrastructure Invest24 ment and Jobs Act shall apply to 

25 funds provided under a payment made 
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1 under this section that are used pur2 suant to subparagraph (A) for a 

3 project described in clause (xxvi) of 

4 subparagraph (B) that relates to 

5 broadband infrastructure; 

6 ‘‘(II) the requirements of titles 

7 23, 40, and 49 of the United States 

8 Code, title I of the Housing and Com9 munity Development Act of 1974 (42 

10 U.S.C. 5301 et seq.), and the Na11 tional Environmental Policy Act of 

12 1969 (42 U.S.C. 4321 et. seq) shall 

13 apply to funds provided under a pay14 ment made under this section that are 

15 used for projects described in sub16 paragraph (B); and 

17 ‘‘(III) a State government receiv18 ing a payment under this section may 

19 use funds provided under such pay20 ment for projects described in clauses 

21 (i) through (xxvii) of subparagraph 

22 (B), as applicable, that— 

23 ‘‘(aa) demonstrate progress 

24 in achieving a state of good re25 pair as required by the State’s 
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1 asset management plan under 

2 section 119(e) of title 23, United 

3 States Code; and 

4 ‘‘(bb) support the achieve5 ment of 1 or more performance 

6 targets of the State established 

7 under section 150 of title 23, 

8 United States Code. 

9 ‘‘(iv) OVERSIGHT.—The Secretary 

10 may delegate oversight and administration 

11 of the requirements described in clause (iii) 

12 to the appropriate Federal agency. 

13 ‘‘(v) SUPPLEMENT, NOT SUPPLANT.— 

14 Amounts from a payment made under this 

15 section that are used by a State, territory, 

16 or Tribal government for uses described in 

17 subparagraph (A) shall supplement, and 

18 not supplant, other Federal, State, terri19 torial, Tribal, and local government funds 

20 (as applicable) otherwise available for such 

21 uses. 

22 ‘‘(D) REPORTS.—The Secretary, in con23 sultation with the Secretary of Transportation, 

24 shall provide periodic reports on the use of 
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1 funds by States, territories, and Tribal govern2 ments under subparagraph (A). 

3 ‘‘(E) AVAILABILITY.—Funds provided 

4 under a payment made under this section to a 

5 State, territory, or Tribal government shall re6 main available for obligation for a use described 

7 in subparagraph (A) through December 31, 

8 2024, except that no amount of such funds may 

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

10 (2) in subsection 603— 

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

12 as provided in subsection (c)(6))’’ after ‘‘De13 cember 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 graphs (3) and (4)’’ and inserting 

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

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 metropolitan city, non-
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1 entitlement unit of local government, or 

2 county due to the COVID–19 public health 

3 emergency relative to revenues collected in 

4 the most recent full fiscal year of the met5 ropolitan city, nonentitlement unit of local 

6 government, or county to the emergency; 

7 or 

8 ‘‘(ii) $10,000,000;’’; 

9 (III) in subparagraph (D), by 

10 striking the period at the end and in11 serting ‘‘; or’’; and 

12 (IV) by adding at the end the fol13 lowing new subparagraph: 

14 ‘‘(E) to provide emergency relief from nat15 ural disasters or the negative economic impacts 

16 of natural disasters, including temporary emer17 gency housing, food assistance, financial assist18 ance for lost wages, or other immediate needs.’’; 

19 and 

20 (ii) by adding at the end the following 

21 new paragraph: 

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

23 INFRASTRUCTURE PROJECTS.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), notwithstanding any other provision 
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1 of law, a metropolitan city, nonentitlement unit 

2 of local government, or county receiving a pay3 ment under this section may use funds provided 

4 under such payment for projects described in 

5 subparagraph (B) of section 602(c)(5), includ6 ing, to the extent consistent with guidance or 

7 rules issued by the Secretary or the head of a 

8 Federal agency to which the Secretary has dele9 gated authority pursuant to subparagraph 

10 (B)(iv)— 

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

12 under section 117 of title 23, United 

13 States Code, or section 5309 or 6701 of 

14 title 49, United States Code, to satisfy a 

15 non-Federal share requirement applicable 

16 to such a project; and 

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

18 for credit assistance under the TIFIA pro19 gram under chapter 6 of title 23, United 

20 States Code— 

21 ‘‘(I) to satisfy a non-Federal 

22 share requirement applicable to such a 

23 project; and 

24 ‘‘(II) to repay a loan provided 

25 under such program. 
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1 ‘‘(B) LIMITATIONS; APPLICATION OF RE2 QUIREMENTS.— 

3 ‘‘(i) LIMITATION ON AMOUNTS TO BE

4 USED FOR INFRASTRUCTURE PROJECTS.— 

5 ‘‘(I) IN GENERAL.—The total 

6 amount that a metropolitan city, non7 entitlement unit of local government, 

8 or county may use from a payment 

9 made under this section for uses de10 scribed in subparagraph (A) shall not 

11 exceed the greater of— 

12 ‘‘(aa) $10,000,000; and 

13 ‘‘(bb) 30 percent of such 

14 payment. 

15 ‘‘(II) RULE OF APPLICATION.— 

16 The spending limitation under sub17 clause (I) shall not apply to any use 

18 of funds permitted under paragraph 

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

20 be disregarded for purposes of apply21 ing such spending limitation. 

22 ‘‘(ii) LIMITATION ON OPERATING EX23 PENSES.—Funds provided under a pay24 ment made under this section shall not be 

25 used for operating expenses of a project 
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1 described in clauses (xx) through (xxiv) of 

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

3 ‘‘(iii) APPLICATION OF REQUIRE4 MENTS.—Except as otherwise determined 

5 by the Secretary or the head of a Federal 

6 agency to which the Secretary has dele7 gated authority pursuant to clause (iv) or 

8 provided in this section— 

9 ‘‘(I) the requirements of section 

10 60102 of the Infrastructure Invest11 ment and Jobs Act shall apply to 

12 funds provided under a payment made 

13 under this section that are used pur14 suant to subparagraph (A) for a 

15 project described in clause (xxvi) of 

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

17 broadband infrastructure; and 

18 ‘‘(II) the requirements of titles 

19 23, 40, and 49 of the United States 

20 Code, title I of the Housing and Com21 munity Development Act of 1974 (42 

22 U.S.C. 5301 et seq.), and the Na23 tional Environmental Policy Act of 

24 1969 (42 U.S.C. 4321 et. seq) shall 

25 apply to funds provided under a pay-
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1 ment made under this section that are 

2 used for projects described in section 

3 602(c)(5)(B). 

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 metropolitan 

11 city, nonentitlement unit of local govern12 ment, or county for uses described in sub13 paragraph (A) shall supplement, and not 

14 supplant, other Federal, State, territorial, 

15 Tribal, and local government funds (as ap16 plicable) otherwise available for such uses. 

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

19 shall provide periodic reports on the use of 

20 funds by metropolitan cities, nonentitlement 

21 units of local government, or counties under 

22 subparagraph (A). 

23 ‘‘(D) AVAILABILITY.—Funds provided 

24 under a payment made under this section to a 

25 metropolitan city, nonentitlement unit of local 
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1 government, or county shall remain available 

2 for obligation for a use described in subpara3 graph (A) through December 31, 2024, except 

4 that no amount of such funds may be expended 

5 after September 30, 2026.’’. 

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

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

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

9 ‘‘paragraph (17) of’’. 

10 (c) GUIDANCE AND EFFECTIVE DATE.— 

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

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

13 the Treasury, in consultation with the Secretary of 

14 Transportation, shall issue guidance or promulgate a 

15 rule to carry out the amendments made by this sec16 tion, including updating reporting requirements on 

17 the use of funds under this section. 

18 (2) EFFECTIVE DATE.—The amendments made 

19 by this section shall take effect upon the issuance of 

20 guidance or the promulgation of a rule described in 

21 paragraph (1). 

22 (d) DEPARTMENT OF THE TREASURY ADMINISTRA23 TIVE EXPENSES.— 

24 (1) REDUCTION OF FUNDS AVAILABLE FOR AD25 MINISTRATIVE EXPENSES.—Title IV of division A of 
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1 the Coronavirus Aid, Relief, and Economic Security 

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

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

4 ‘‘$100,000,000’’ and inserting ‘‘61,000,000’’; 

5 and 

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

7 ‘‘$100,000,000’’ and inserting ‘‘$67,000,000’’. 

8 (2) AUTHORITY.—Notwithstanding any other 

9 provision of law, the unobligated balances from 

10 amounts made available to the Secretary of the 

11 Treasury (referred to in this subsection as the ‘‘Sec12 retary’’) for administrative expenses pursuant to the 

13 provisions specified in paragraph (3) shall be avail14 able to the Secretary (in addition to any other ap15 propriations provided for such purpose) for the pur16 pose described in paragraph (4) (subject to the limi17 tation in such paragraph) and for administrative ex18 penses of the Department of the Treasury, except 

19 for the Internal Revenue Service, determined by the 

20 Secretary to be necessary to respond to the 

21 coronavirus emergency, including any expenses nec22 essary to implement any provision of— 

23 (A) the Coronavirus Aid, Relief, and Eco24 nomic Security Act (Public Law 116–136); 
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1 (B) division N of the Consolidated Appro2 priations Act, 2021 (Public Law 116–260); 

3 (C) the American Rescue Plan Act (Public 

4 Law 117–2); or 

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

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

7 (3) PROVISIONS SPECIFIED.—The provisions 

8 specified in this paragraph are the following: 

9 (A) Amounts made available under section 

10 4027(a) of the Coronavirus Aid, Relief, and 

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

12 pay costs and administrative expenses under 

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

14 9042(f))) and amounts made available by sec15 tion 4120(a) of the Coronavirus Aid, Relief, 

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

17 pay costs and administrative expenses under 

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

19 9072(b)) (after application of the amendments 

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

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

22 Consolidated Appropriations Act, 2021 (Public 

23 Law 116–260). 
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1 (C) Sections 3201(a)(2)(B), 

2 3206(d)(1)(A), and 7301(b)(5) of the American 

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

4 (D) Section 602(a)(2) of the Social Secu5 rity Act (42 U.S.C. 802(a)(2)). 

6 (4) PAYMENTS TO ELIGIBLE REVENUE SHARING

7 CONSOLIDATED GOVERNMENTS.—Of amounts made 

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

9 shall be available to the Secretary (in addition to 

10 any other appropriations provided for such purpose) 

11 for making payments to eligible revenue sharing con12 solidated governments under subsection (g) of sec13 tion 605 of the Social Security Act (42 U.S.C. 805), 

14 as added by section 3 of this Act. 

15 SEC. 3. ALLOWING PAYMENTS TO ELIGIBLE REVENUE 

16 SHARING CONSOLIDATED GOVERNMENTS 

17 FROM LOCAL ASSISTANCE AND TRIBAL CON18 SISTENCY FUND. 

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

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

21 following new subsection: 

22 ‘‘(g) PAYMENTS TO ELIGIBLE REVENUE SHARING

23 CONSOLIDATED GOVERNMENTS.— 

24 ‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHAR25 ING CONSOLIDATED GOVERNMENTS FOR FISCAL
22 

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1 YEARS 2023 AND 2024.—The Secretary shall allocate 

2 and pay to each eligible revenue sharing consolidated 

3 government for each of fiscal years 2023 and 2024 

4 an amount equal to the amount that the Secretary 

5 would have allocated to such eligible revenue sharing 

6 consolidated government for fiscal year 2022 if all 

7 eligible revenue sharing consolidated governments 

8 had been treated as eligible revenue sharing counties 

9 for purposes of being eligible for payments under 

10 subsection (b)(1) for such fiscal year using the allo11 cation methodology adopted by the Department of 

12 the Treasury for such eligible revenue sharing coun13 ties as of the date of enactment of this subsection. 

14 ‘‘(2) FUNDING FOR PAYMENTS.— 

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

16 make the allocations and payments described in 

17 paragraph (1) from the amounts described in 

18 subparagraph (B), which shall be available to 

19 the Secretary for such purpose notwithstanding 

20 any other provision of law. 

21 ‘‘(B) AMOUNTS DESCRIBED.—The 

22 amounts described in this subparagraph are the 

23 following: 

24 ‘‘(i) Any amount allocated to an eligi25 ble revenue sharing county under sub-
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1 section (b)(1) for fiscal year 2022 or 2023 

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

3 requested by such county. 

4 ‘‘(ii) Amounts made available to the 

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

6 State, Local, Tribal, and Territorial Fiscal 

7 Recovery, Infrastructure, and Disaster Re8 lief Flexibility Act.’’. 

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

10 Social Security Act (42 U.S.C. 805), as amended by sub11 section (a), is further amended— 

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

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

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

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

16 Tribal government, or an eligible revenue sharing 

17 consolidated government’’; 

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

19 eligible revenue sharing consolidated government’’ 

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

21 appears; and 

22 (4) in subsection (f)— 

23 (A) by redesignating paragraphs (1) 

24 through (4) as paragraphs (2) through (5), re25 spectively; and 
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1 (B) by inserting before paragraph (2) (as 

2 so redesignated) the following new paragraph: 

3 ‘‘(1) ELIGIBLE REVENUE SHARING CONSOLI4 DATED GOVERNMENT.—The term ‘eligible revenue 

5 sharing consolidated government’ means a county, 

6 parish, or borough— 

7 ‘‘(A) that has been classified by the Bu8 reau of the Census as an active government 

9 consolidated with another government; and 

10 ‘‘(B) for which, as determined by the Sec11 retary, there is a negative revenue impact due 

12 to implementation of a Federal program or 

13 changes to such program.’’. 

14 SEC. 4. EXTENSION OF AVAILABILITY OF CORONAVIRUS 

15 RELIEF FUND PAYMENTS TO TRIBAL GOV16 ERNMENTS. 

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

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

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

20 period that begins on March 1, 2020, and ends on Decem21 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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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 
27 

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

Passed the Senate December 20, 2022. 

Attest: 

Secretary. 
117TH CONGRESS 

2D SESSION S. 5323 

AN ACT 

To amend title VI of the Social Security Act to 

payments, and for other purposes. with more time to use Coronavirus Relief Fund Consistency Fund, provide Tribal governments projects, improve the Local Assistance and Tribal American Rescue Plan Act for infrastructure coronavirus relief funds provided under the allow States and local governments to use