II 

117TH CONGRESS 

1ST SESSION S. 3011 

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 

OCTOBER 19, 2021 

Mr. CORNYN (for himself, Mr. PADILLA, Mr. WYDEN, Ms. MURKOWSKI, Mrs. 

MURRAY, Mr. KELLY, Mr. KENNEDY, and Mrs. SHAHEEN) 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, 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 3011 CPS

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 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 3011 CPS

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 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 3011 CPS

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. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•S 3011 CPS

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 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 3011 CPS

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. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 3011 CPS

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 

25 bridge replacement, rehabilitation, preserVerDate Sep 11 2014 04:44 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3011.CPS S3011

kjohnson on DSK79L0C42PROD with BILLS
8 

•S 3011 CPS

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 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 3011 CPS

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; 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 3011 CPS

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 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 3011 CPS

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 


kjohnson on DSK79L0C42PROD with BILLS
12 

•S 3011 CPS

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 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 3011 CPS

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 

25 subparagraph (B) of section 602(c)(5), includVerDate Sep 11 2014 04:44 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S3011.CPS S3011

kjohnson on DSK79L0C42PROD with BILLS
14 

•S 3011 CPS

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.— 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 3011 CPS

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 


kjohnson on DSK79L0C42PROD with BILLS
16 

•S 3011 CPS

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). 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 3011 CPS

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 


kjohnson on DSK79L0C42PROD with BILLS
18 

•S 3011 CPS

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) IN GENERAL.—Notwithstanding any other 

22 provision of law, the unobligated balances from 

23 amounts made available to the Secretary of the 

24 Treasury (referred to in this subsection as the ‘‘Sec25 retary’’) for administrative expenses pursuant to the 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 3011 CPS

1 provisions specified in paragraph (2) shall be avail2 able to the Secretary (in addition to any other ap3 propriations provided for such purpose) for any ad4 ministrative expenses of the Department of the 

5 Treasury determined by the Secretary to be nec6 essary to respond to the coronavirus emergency, in7 cluding any expenses necessary to implement any 

8 provision of— 

9 (A) the Coronavirus Aid, Relief, and Eco10 nomic Security Act (Public Law 116–136); 

11 (B) division N of the Consolidated Appro12 priations Act, 2021 (Public Law 116–260); 

13 (C) the American Rescue Plan Act (Public 

14 Law 117–2); or 

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

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

17 (2) PROVISIONS SPECIFIED.—The provisions 

18 specified in this paragraph are the following: 

19 (A) Sections 4003(f) and 4112(b) of the 

20 Coronavirus Aid, Relief, and Economic Security 

21 Act (Public Law 116–136). 

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

23 Consolidated Appropriations Act, 2021 (Public 

24 Law 116–260). 


kjohnson on DSK79L0C42PROD with BILLS
20 

•S 3011 CPS

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 SEC. 3. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY 

7 FUND. 

8 Section 605 of the Social Security Act (42 U.S.C. 

9 805) is amended to read as follows: 

10 ‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY 

11 FUND. 

12 ‘‘(a) APPROPRIATION.—In addition to amounts oth13 erwise available, there is appropriated for fiscal year 2021, 

14 out of any money in the Treasury not otherwise appro15 priated, $2,000,000,000 to remain available until Sep16 tember 30, 2023, with amounts to be obligated for each 

17 of fiscal years 2022 and 2023 in accordance with sub18 section (b), for making payments under this section to eli19 gible revenue sharing recipients, eligible Tribal govern20 ments, and territories. 

21 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 

22 ‘‘(1) ALLOCATIONS AND PAYMENTS TO ELIGI23 BLE REVENUE SHARING RECIPIENTS.— 

24 ‘‘(A) ALLOCATIONS TO REVENUE SHARING

25 COUNTIES.—For each of fiscal years 2022 and 


kjohnson on DSK79L0C42PROD with BILLS
21 

•S 3011 CPS

1 2023, the Secretary shall reserve $742,500,000 

2 of the total amount appropriated under sub3 section (a) to allocate to each revenue sharing 

4 county and, except as provided in subparagraph 

5 (B), pay to each revenue sharing county that is 

6 an eligible revenue sharing county amounts that 

7 are determined by the Secretary taking into ac8 count the amount of entitlement land in each 

9 revenue sharing county and the economic condi10 tions of each revenue sharing county, using 

11 such measurements of poverty, household in12 come, and unemployment over the most recent 

13 20-year period as of September 30, 2021, to the 

14 extent data are available, as well as other eco15 nomic indicators the Secretary determines ap16 propriate. 

17 ‘‘(B) SPECIAL ALLOCATION RULES.— 

18 ‘‘(i) REVENUE SHARING COUNTIES

19 WITH LIMITED GOVERNMENT FUNC20 TIONS.—In the case of an amount allo21 cated to a revenue sharing county under 

22 subparagraph (A) that is a county with 

23 limited government functions, the Sec24 retary shall allocate and pay such amount 

25 to each eligible revenue sharing local govVerDate Sep 11 2014 04:44 Oct 20, 2021 Jkt 029200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3011.CPS S3011

kjohnson on DSK79L0C42PROD with BILLS
22 

•S 3011 CPS

1 ernment within such county with limited 

2 government functions in an amount deter3 mined by the Secretary taking into account 

4 the amount of entitlement land in each eli5 gible revenue sharing local government and 

6 the population of such eligible revenue 

7 sharing local government relative to the 

8 total population of such county with lim9 ited government functions. 

10 ‘‘(ii) ELIGIBLE REVENUE SHARING

11 COUNTY IN ALASKA.—In the case of the el12 igible revenue sharing county described in 

13 subparagraph (f)(3)(C), the Secretary shall 

14 pay the amount allocated to such eligible 

15 revenue sharing county to the State of 

16 Alaska. The State of Alaska shall dis17 tribute such payment to home rule cities 

18 and general law cities (as such cities are 

19 defined by the State) located within the 

20 boundaries of the eligible revenue sharing 

21 county for which the payment was re22 ceived. 

23 ‘‘(C) PRO RATA ADJUSTMENT AUTHOR24 ITY.—The amounts otherwise determined for al25 location and payment under subparagraphs (A) 


kjohnson on DSK79L0C42PROD with BILLS
23 

•S 3011 CPS

1 and (B) may be adjusted by the Secretary on 

2 a pro rata basis to the extent necessary to en3 sure that all available funds are allocated and 

4 paid to eligible revenue sharing recipients in ac5 cordance with the requirements specified in 

6 each such subparagraph. 

7 ‘‘(2) ALLOCATIONS AND PAYMENTS TO ELIGI8 BLE TRIBAL GOVERNMENTS.—For each of fiscal 

9 years 2022 and 2023, the Secretary shall reserve 

10 $250,000,000 of the total amount appropriated 

11 under subsection (a) to allocate and pay to eligible 

12 Tribal governments in amounts that are determined 

13 by the Secretary taking into account economic condi14 tions of each eligible Tribe. 

15 ‘‘(3) ALLOCATIONS AND PAYMENTS TO TERRI16 TORIES.—For each of fiscal years 2022 and 2023, 

17 the Secretary shall reserve $7,500,000 of the total 

18 amount appropriated under subsection (a) to allo19 cate and pay to each territory an amount which 

20 bears the same proportion to the amount reserved in 

21 this paragraph as the population of such territory 

22 bears to the total population of all such territories. 

23 ‘‘(c) USE OF PAYMENTS.—An eligible revenue shar24 ing recipient, an eligible Tribal government, or a territory 

25 may use funds provided under a payment made under this 


kjohnson on DSK79L0C42PROD with BILLS
24 

•S 3011 CPS

1 section for any governmental purpose other than a lob2 bying activity. 

3 ‘‘(d) REPORTING REQUIREMENT.—Any eligible rev4 enue sharing recipient and any territory receiving a pay5 ment under this section shall provide to the Secretary peri6 odic reports providing a detailed accounting of the uses 

7 of fund by such eligible revenue sharing recipient or terri8 tory, as applicable, and such other information as the Sec9 retary may require for the administration of this section. 

10 ‘‘(e) RECOUPMENT.—Any eligible revenue sharing re11 cipient or any territory that has failed to submit a report 

12 required under subsection (d) or failed to comply with sub13 section (c), shall be required to repay to the Secretary an 

14 amount equal to— 

15 ‘‘(1) in the case of a failure to comply with sub16 section (c), the amount of funds used in violation of 

17 such subsection; and 

18 ‘‘(2) in the case of a failure to submit a report 

19 required under subsection (d), such amount as the 

20 Secretary determines appropriate, but not to exceed 

21 5 percent of the amount paid to the eligible revenue 

22 sharing recipient or the territory under this section 

23 for all fiscal years. 

24 ‘‘(f) DEFINITIONS.—In this section: 


kjohnson on DSK79L0C42PROD with BILLS
25 

•S 3011 CPS

1 ‘‘(1) COUNTY.—The term ‘county’ means a 

2 county, parish, or other equivalent county division 

3 (as defined by the Bureau of the Census) in 1 of the 

4 50 States. 

5 ‘‘(2) COUNTY WITH LIMITED GOVERNMENT

6 FUNCTIONS.—The term ‘county with limited govern7 ment functions’ means a county in which entitlement 

8 land is located that is not an eligible revenue sharing 

9 county. 

10 ‘‘(3) ELIGIBLE REVENUE SHARING COUNTY.— 

11 The term ‘eligible revenue sharing county’ means— 

12 ‘‘(A) a unit of general local government (as 

13 defined in section 6901(2) of title 31, United 

14 States Code) that is a county in which entitle15 ment land is located and which is eligible for a 

16 payment under section 6902(a) of title 31, 

17 United States Code; 

18 ‘‘(B) the District of Columbia; or 

19 ‘‘(C) the combined area in Alaska that is 

20 within the boundaries of a census area used by 

21 the Secretary of Commerce in the decennial 

22 census, but that is not included within the 

23 boundary of a unit of general local government 

24 described in subparagraph (A). 


kjohnson on DSK79L0C42PROD with BILLS
26 

•S 3011 CPS

1 ‘‘(4) ELIGIBLE REVENUE SHARING LOCAL GOV2 ERNMENT.—The term ‘eligible revenue sharing local 

3 government’ means a unit of general local govern4 ment (as defined in section 6901(2) of title 31, 

5 United States Code) in which entitlement land is lo6 cated that is not a county or territory and which is 

7 eligible for a payment under section 6902(a) of title 

8 31, United States Code. 

9 ‘‘(5) ELIGIBLE REVENUE SHARING RECIPI10 ENTS.—The term ‘eligible revenue sharing recipi11 ents’ means, collectively, eligible revenue sharing 

12 counties and eligible revenue sharing local govern13 ments. 

14 ‘‘(6) ELIGIBLE TRIBAL GOVERNMENT.—The 

15 term ‘eligible Tribal government’ means the recog16 nized governing body of an eligible Tribe. 

17 ‘‘(7) ELIGIBLE TRIBE.—The term ‘eligible 

18 Tribe’ means any Indian or Alaska Native tribe, 

19 band, nation, pueblo, village, community, component 

20 band, or component reservation, individually identi21 fied (including parenthetically) in the list published 

22 most recently as of March 11, 2021, pursuant to 

23 section 104 of the Federally Recognized Indian 

24 Tribe List Act of 1994 (25 U.S.C. 5131). 


kjohnson on DSK79L0C42PROD with BILLS
27 

•S 3011 CPS

1 ‘‘(8) ENTITLEMENT LAND.—The term ‘entitle2 ment land’ has the meaning given to such term in 

3 section 6901(1) of title 31, United States Code. 

4 ‘‘(9) REVENUE SHARING COUNTY.—The term 

5 ‘revenue sharing county’ means— 

6 ‘‘(A) an eligible revenue sharing county; or 

7 ‘‘(B) a county with limited government 

8 functions. 

9 ‘‘(10) SECRETARY.—The term ‘Secretary’ 

10 means the Secretary of the Treasury. 

11 ‘‘(11) TERRITORY.—The term ‘territory’ 

12 means— 

13 ‘‘(A) the Commonwealth of Puerto Rico; 

14 ‘‘(B) the United States Virgin Islands; 

15 ‘‘(C) Guam; 

16 ‘‘(D) the Commonwealth of the Northern 

17 Mariana Islands; or 

18 ‘‘(E) American Samoa.’’. 

19 SEC. 4. EXTENSION OF AVAILABILITY OF CORONAVIRUS 

20 RELIEF FUND PAYMENTS TO TRIBAL GOV21 ERNMENTS. 

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

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

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


kjohnson on DSK79L0C42PROD with BILLS
28 

•S 3011 CPS

1 period that begins on March 1, 2020, and ends on Decem2 ber 31, 2022)’’ before the period. 

3 SEC. 5. RESCISSION OF CORONAVIRUS RELIEF AND RECOV4 ERY FUNDS DECLINED BY STATES, TERRI5 TORIES, OR OTHER GOVERNMENTAL ENTI6 TIES. 

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

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

9 new section: 

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

11 TERRITORIES, OR OTHER GOVERNMENTAL 

12 ENTITIES. 

13 ‘‘(a) RESCISSION.— 

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

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

16 entity provides notice to the Secretary of the Treas17 ury in the manner provided by the Secretary of the 

18 Treasury that the State, territory, or other govern19 mental entity intends to decline all or a portion of 

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

21 territory, or other governmental entity from funds 

22 appropriated under this title, an amount equal to 

23 the unaccepted amounts or portion of such amounts 

24 allocated by the Secretary of the Treasury as of the 

25 date of such notice that would have been awarded to 


kjohnson on DSK79L0C42PROD with BILLS
29 

•S 3011 CPS

1 the State, territory, or other governmental entity 

2 shall be rescinded from the applicable appropriation 

3 account. 

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

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

6 a State under section 603 for distribution to non7 entitlement units of local government. 

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

9 (1) shall not be construed as— 

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

11 entity, including a nonentitlement unit of local 

12 government, from notifying the Secretary of the 

13 Treasury that the sub-State governmental enti14 ty intends to decline all or a portion of the 

15 amounts that a State may distribute to the en16 tity from funds appropriated under this title; or 

17 ‘‘(B) allowing a State to prohibit or other18 wise prevent a sub-State governmental entity 

19 from providing such a notice. 

20 ‘‘(b) USE FOR DEFICIT REDUCTION.—Amounts re21 scinded under subsection (a) shall be deposited in the gen22 eral fund of the Treasury for the sole purpose of deficit 

23 reduction. 

24 ‘‘(c) STATE OR OTHER GOVERNMENTAL ENTITY DE25 FINED.—In this section, the term ‘State, territory, or 


kjohnson on DSK79L0C42PROD with BILLS
30 

•S 3011 CPS

1 other governmental entity’ means any entity to which a 

2 payment may be made directly to the entity under this 

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

4 601(g), 602(g), and 604(d), and an eligible Tribal govern5 ment, as defined in section 605(f).’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS