117TH CONGRESS 

1ST SESSION S. 3011 

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) IN GENERAL.—Notwithstanding any other 

25 provision of law, the unobligated balances from 
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1 amounts made available to the Secretary of the 

2 Treasury (referred to in this subsection as the ‘‘Sec3 retary’’) for administrative expenses pursuant to the 

4 provisions specified in paragraph (2) shall be avail5 able to the Secretary (in addition to any other ap6 propriations provided for such purpose) for any ad7 ministrative expenses of the Department of the 

8 Treasury determined by the Secretary to be nec9 essary to respond to the coronavirus emergency, in10 cluding any expenses necessary to implement any 

11 provision of— 

12 (A) the Coronavirus Aid, Relief, and Eco13 nomic Security Act (Public Law 116–136); 

14 (B) division N of the Consolidated Appro15 priations Act, 2021 (Public Law 116–260); 

16 (C) the American Rescue Plan Act (Public 

17 Law 117–2); or 

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

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

20 (2) PROVISIONS SPECIFIED.—The provisions 

21 specified in this paragraph are the following: 

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

23 Coronavirus Aid, Relief, and Economic Security 

24 Act (Public Law 116–136). 
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1 (B) Section 421(f)(2) of division N of the 

2 Consolidated Appropriations Act, 2021 (Public 

3 Law 116–260). 

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

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

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

7 (D) Section 602(a)(2) of the Social Secu8 rity Act (42 U.S.C. 802(a)(2)). 

9 SEC. 3. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY 

10 FUND. 

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

12 805) is amended to read as follows: 

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

14 FUND. 

15 ‘‘(a) APPROPRIATION.—In addition to amounts oth16 erwise available, there is appropriated for fiscal year 2021, 

17 out of any money in the Treasury not otherwise appro18 priated, $2,000,000,000 to remain available until Sep19 tember 30, 2023, with amounts to be obligated for each 

20 of fiscal years 2022 and 2023 in accordance with sub21 section (b), for making payments under this section to eli22 gible revenue sharing recipients, eligible Tribal govern23 ments, and territories. 

24 ‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 
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1 ‘‘(1) ALLOCATIONS AND PAYMENTS TO ELIGI2 BLE REVENUE SHARING RECIPIENTS.— 

3 ‘‘(A) ALLOCATIONS TO REVENUE SHARING

4 COUNTIES.—For each of fiscal years 2022 and 

5 2023, the Secretary shall reserve $742,500,000 

6 of the total amount appropriated under sub7 section (a) to allocate to each revenue sharing 

8 county and, except as provided in subparagraph 

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

10 an eligible revenue sharing county amounts that 

11 are determined by the Secretary taking into ac12 count the amount of entitlement land in each 

13 revenue sharing county and the economic condi14 tions of each revenue sharing county, using 

15 such measurements of poverty, household in16 come, and unemployment over the most recent 

17 20-year period as of September 30, 2021, to the 

18 extent data are available, as well as other eco19 nomic indicators the Secretary determines ap20 propriate. 

21 ‘‘(B) SPECIAL ALLOCATION RULES.— 

22 ‘‘(i) REVENUE SHARING COUNTIES

23 WITH LIMITED GOVERNMENT FUNC24 TIONS.—In the case of an amount allo25 cated to a revenue sharing county under 
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1 subparagraph (A) that is a county with 

2 limited government functions, the Sec3 retary shall allocate and pay such amount 

4 to each eligible revenue sharing local gov5 ernment within such county with limited 

6 government functions in an amount deter7 mined by the Secretary taking into account 

8 the amount of entitlement land in each eli9 gible revenue sharing local government and 

10 the population of such eligible revenue 

11 sharing local government relative to the 

12 total population of such county with lim13 ited government functions. 

14 ‘‘(ii) ELIGIBLE REVENUE SHARING

15 COUNTY IN ALASKA.—In the case of the el16 igible revenue sharing county described in 

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

18 pay the amount allocated to such eligible 

19 revenue sharing county to the State of 

20 Alaska. The State of Alaska shall dis21 tribute such payment to home rule cities 

22 and general law cities (as such cities are 

23 defined by the State) located within the 

24 boundaries of the eligible revenue sharing 
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1 county for which the payment was re2 ceived. 

3 ‘‘(C) PRO RATA ADJUSTMENT AUTHOR4 ITY.—The amounts otherwise determined for al5 location and payment under subparagraphs (A) 

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

7 a pro rata basis to the extent necessary to en8 sure that all available funds are allocated and 

9 paid to eligible revenue sharing recipients in ac10 cordance with the requirements specified in 

11 each such subparagraph. 

12 ‘‘(2) ALLOCATIONS AND PAYMENTS TO ELIGI13 BLE TRIBAL GOVERNMENTS.—For each of fiscal 

14 years 2022 and 2023, the Secretary shall reserve 

15 $250,000,000 of the total amount appropriated 

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

17 Tribal governments in amounts that are determined 

18 by the Secretary taking into account economic condi19 tions of each eligible Tribe. 

20 ‘‘(3) ALLOCATIONS AND PAYMENTS TO TERRI21 TORIES.—For each of fiscal years 2022 and 2023, 

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

23 amount appropriated under subsection (a) to allo24 cate and pay to each territory an amount which 

25 bears the same proportion to the amount reserved in 
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1 this paragraph as the population of such territory 

2 bears to the total population of all such territories. 

3 ‘‘(c) USE OF PAYMENTS.—An eligible revenue shar4 ing recipient, an eligible Tribal government, or a territory 

5 may use funds provided under a payment made under this 

6 section for any governmental purpose other than a lob7 bying activity. 

8 ‘‘(d) REPORTING REQUIREMENT.—Any eligible rev9 enue sharing recipient and any territory receiving a pay10 ment under this section shall provide to the Secretary peri11 odic reports providing a detailed accounting of the uses 

12 of fund by such eligible revenue sharing recipient or terri13 tory, as applicable, and such other information as the Sec14 retary may require for the administration of this section. 

15 ‘‘(e) RECOUPMENT.—Any eligible revenue sharing re16 cipient or any territory that has failed to submit a report 

17 required under subsection (d) or failed to comply with sub18 section (c), shall be required to repay to the Secretary an 

19 amount equal to— 

20 ‘‘(1) in the case of a failure to comply with sub21 section (c), the amount of funds used in violation of 

22 such subsection; and 

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

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

25 Secretary determines appropriate, but not to exceed 
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1 5 percent of the amount paid to the eligible revenue 

2 sharing recipient or the territory under this section 

3 for all fiscal years. 

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

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

6 county, parish, or other equivalent county division 

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

8 50 States. 

9 ‘‘(2) COUNTY WITH LIMITED GOVERNMENT

10 FUNCTIONS.—The term ‘county with limited govern11 ment functions’ means a county in which entitlement 

12 land is located that is not an eligible revenue sharing 

13 county. 

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

15 The term ‘eligible revenue sharing county’ means— 

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

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

18 States Code) that is a county in which entitle19 ment land is located and which is eligible for a 

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

21 United States Code; 

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

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

24 within the boundaries of a census area used by 

25 the Secretary of Commerce in the decennial 
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1 census, but that is not included within the 

2 boundary of a unit of general local government 

3 described in subparagraph (A). 

4 ‘‘(4) ELIGIBLE REVENUE SHARING LOCAL GOV5 ERNMENT.—The term ‘eligible revenue sharing local 

6 government’ means a unit of general local govern7 ment (as defined in section 6901(2) of title 31, 

8 United States Code) in which entitlement land is lo9 cated that is not a county or territory and which is 

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

11 31, United States Code. 

12 ‘‘(5) ELIGIBLE REVENUE SHARING RECIPI13 ENTS.—The term ‘eligible revenue sharing recipi14 ents’ means, collectively, eligible revenue sharing 

15 counties and eligible revenue sharing local govern16 ments. 

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

18 term ‘eligible Tribal government’ means the recog19 nized governing body of an eligible Tribe. 

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

21 Tribe’ means any Indian or Alaska Native tribe, 

22 band, nation, pueblo, village, community, component 

23 band, or component reservation, individually identi24 fied (including parenthetically) in the list published 

25 most recently as of March 11, 2021, pursuant to 
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1 section 104 of the Federally Recognized Indian 

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

3 ‘‘(8) ENTITLEMENT LAND.—The term ‘entitle4 ment land’ has the meaning given to such term in 

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

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

7 ‘revenue sharing county’ means— 

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

9 ‘‘(B) a county with limited government 

10 functions. 

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

12 means the Secretary of the Treasury. 

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

14 means— 

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

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

17 ‘‘(C) Guam; 

18 ‘‘(D) the Commonwealth of the Northern 

19 Mariana Islands; or 

20 ‘‘(E) American Samoa.’’. 

21 SEC. 4. EXTENSION OF AVAILABILITY OF CORONAVIRUS 

22 RELIEF FUND PAYMENTS TO TRIBAL GOV23 ERNMENTS. 

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

25 U.S.C. 801(d)(3)) is amended by inserting ‘‘(or, in the 
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1 case of costs incurred by a Tribal government, during the 

2 period that begins on March 1, 2020, and ends on Decem3 ber 31, 2022)’’ before the period. 

4 SEC. 5. RESCISSION OF CORONAVIRUS RELIEF AND RECOV5 ERY FUNDS DECLINED BY STATES, TERRI6 TORIES, OR OTHER GOVERNMENTAL ENTI7 TIES. 

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

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

10 new section: 

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

12 TERRITORIES, OR OTHER GOVERNMENTAL 

13 ENTITIES. 

14 ‘‘(a) RESCISSION.— 

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

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

17 entity provides notice to the Secretary of the Treas18 ury in the manner provided by the Secretary of the 

19 Treasury that the State, territory, or other govern20 mental entity intends to decline all or a portion of 

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

22 territory, or other governmental entity from funds 

23 appropriated under this title, an amount equal to 

24 the unaccepted amounts or portion of such amounts 

25 allocated by the Secretary of the Treasury as of the 
29 

†S 3011 ES

1 date of such notice that would have been awarded to 

2 the State, territory, or other governmental entity 

3 shall be rescinded from the applicable appropriation 

4 account. 

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

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

7 a State under section 603 for distribution to non8 entitlement units of local government. 

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

10 (1) shall not be construed as— 

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

12 entity, including a nonentitlement unit of local 

13 government, from notifying the Secretary of the 

14 Treasury that the sub-State governmental enti15 ty intends to decline all or a portion of the 

16 amounts that a State may distribute to the en17 tity from funds appropriated under this title; or 

18 ‘‘(B) allowing a State to prohibit or other19 wise prevent a sub-State governmental entity 

20 from providing such a notice. 

21 ‘‘(b) USE FOR DEFICIT REDUCTION.—Amounts re22 scinded under subsection (a) shall be deposited in the gen23 eral fund of the Treasury for the sole purpose of deficit 

24 reduction. 
30 

†S 3011 ES

1 ‘‘(c) STATE OR OTHER GOVERNMENTAL ENTITY DE2 FINED.—In this section, the term ‘State, territory, or 

3 other governmental entity’ means any entity to which a 

4 payment may be made directly to the entity under this 

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

6 601(g), 602(g), and 604(d), and an eligible Tribal govern7 ment, as defined in section 605(f).’’. 

Passed the Senate October 19, 2021. 

Attest: 

Secretary. 

117TH CONGRESS 

1ST SESSION S. 3011 

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