I 
117TH CONGRESS 
1ST SESSION H. R. 5735 
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 HOUSE OF REPRESENTATIVES 
OCTOBER 26, 2021 
Mr. JOHNSON of South Dakota (for himself, Ms. BOURDEAUX, Mr. SCALISE, 
Mr. CUELLAR, Mr. ALLEN, Ms. DELBENE, Mr. ROUZER, Ms. STRICK-
LAND, Mr. WEBER of Texas, Mr. HUFFMAN, Mr. PALAZZO, Mr. BISHOP 
of Georgia, Mr. BARR, Mr. MORELLE, Mr. MEUSER, Mr. SIRES, Mr. 
GIMENEZ, Mr. DELGADO, Mr. MCKINLEY, Ms. SCHRIER, Mr. MEIJER, 
Mr. SOTO, Mr. CARL, Mr. PAPPAS, Mr. CRAWFORD, Ms. MCCOLLUM, Mr. 
TIMMONS, Mr. GOTTHEIMER, Mr. WENSTRUP, Mr. KILMER, Mr. YOUNG, 
and Mr. O’HALLERAN) introduced the following bill; which was referred 
to the Committee on Oversight and Reform 
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 infra-
structure projects, improve the Local Assistance and 
Tribal Consistency Fund, provide Tribal governments 
with more time to use Coronavirus Relief Fund pay-
ments, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘State, Local, Tribal, 
and Territorial Fiscal Recovery, Infrastructure, and Dis-
aster Relief Flexibility Act’’. 
SEC. 2. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS 
FOR INFRASTRUCTURE PROJECTS. 
(a) IN GENERAL.—Title VI of the Social Security Act 
(42 U.S.C. 801 et seq.), as amended by section 40909 of 
the Infrastructure Investment and Jobs Act, is amended— 
(1) in section 602— 
(A) in subsection (a)(1), by inserting ‘‘(ex-
cept as provided in subsection (c)(5))’’ after 
‘‘December 31, 2024’’; and 
(B) in subsection (c)— 
(i) in paragraph (1)— 
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘para-
graph (3)’’ and inserting ‘‘paragraphs 
(3), (4), and (5)’’; 
(II) by amending subparagraph 
(C) to read as follows: 
‘‘(C) for the provision of government serv-
ices up to an amount equal to the greater of— 
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‘‘(i) the amount of the reduction in 
revenue of such State, territory, or Tribal 
government due to the COVID–19 public 
health emergency relative to revenues col-
lected in the most recent full fiscal year of 
the State, territory, or Tribal government 
prior to the emergency; or 
‘‘(ii) $10,000,000;’’; 
(III) in subparagraph (D), by 
striking the period at the end and in-
serting ‘‘; or’’; and 
(IV) by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) to provide emergency relief from nat-
ural disasters or the negative economic impacts 
of natural disasters, including temporary emer-
gency housing, food assistance, financial assist-
ance for lost wages, or other immediate needs.’’; 
and 
(ii) by adding at the end the following 
new paragraph: 
‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN 
INFRASTRUCTURE PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (C), notwithstanding any other provision 
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of law, a State, territory, or Tribal government 
receiving a payment under this section may use 
funds provided under such payment for projects 
described in subparagraph (B), including, to the 
extent consistent with guidance or rules issued 
by the Secretary or the head of a Federal agen-
cy to which the Secretary has delegated author-
ity pursuant to subparagraph (C)(iv)— 
‘‘(i) in the case of a project eligible 
under section 117 of title 23, United 
States Code, or section 5309 or 6701 of 
title 49, United States Code, to satisfy a 
non-Federal share requirement applicable 
to such a project; and 
‘‘(ii) in the case of a project eligible 
for credit assistance under the TIFIA pro-
gram under chapter 6 of title 23, United 
States Code— 
‘‘(I) to satisfy a non-Federal 
share requirement applicable to such a 
project; and 
‘‘(II) to repay a loan provided 
under such program. 
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‘‘(B) PROJECTS
DESCRIBED.—A project 
referred to in subparagraph (A) is any of the 
following: 
‘‘(i) A project eligible under section 
117 of title 23, United States Code. 
‘‘(ii) A project eligible under section 
119 of title 23, United States Code. 
‘‘(iii) A project eligible under section 
124 of title 23, United States Code, as 
added by the Infrastructure Investment 
and Jobs Act. 
‘‘(iv) A project eligible under section 
133 of title 23, United States Code. 
‘‘(v) An activity to carry out section 
134 of title 23, United States Code. 
‘‘(vi) A project eligible under section 
148 of title 23, United States Code. 
‘‘(vii) A project eligible under section 
149 of title 23, United States Code. 
‘‘(viii) A project eligible under section 
151(f) of title 23, United States Code, as 
added by the Infrastructure Investment 
and Jobs Act. 
‘‘(ix) A project eligible under section 
165 of title 23, United States Code. 
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‘‘(x) A project eligible under section 
167 of title 23, United States Code. 
‘‘(xi) A project eligible under section 
173 of title 23, United States Code, as 
added by the Infrastructure Investment 
and Jobs Act. 
‘‘(xii) A project eligible under section 
175 of title 23, United States Code, as 
added by the Infrastructure Investment 
and Jobs Act. 
‘‘(xiii) A project eligible under section 
176 of title 23, United States Code, as 
added by the Infrastructure Investment 
and Jobs Act. 
‘‘(xiv) A project eligible under section 
202 of title 23, United States Code. 
‘‘(xv) A project eligible under section 
203 of title 23, United States Code. 
‘‘(xvi) A project eligible under section 
204 of title 23, United States Code. 
‘‘(xvii) A project eligible under the 
program for national infrastructure invest-
ments (commonly known as the ‘Rebuild-
ing American Infrastructure with Sustain-
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ability and Equity (RAISE) grant pro-
gram’). 
‘‘(xviii) A project eligible for credit as-
sistance under the TIFIA program under 
chapter 6 of title 23, United States Code. 
‘‘(xix) A project that furthers the 
completion of a designated route of the Ap-
palachian Development Highway System 
under section 14501 of title 40, United 
States Code. 
‘‘(xx) A project eligible under section 
5307 of title 49, United States Code. 
‘‘(xxi) A project eligible under section 
5309 of title 49, United States Code. 
‘‘(xxii) A project eligible under section 
5311 of title 49, United States Code. 
‘‘(xxiii) A project eligible under sec-
tion 5337 of title 49, United States Code. 
‘‘(xxiv) A project eligible under section 
5339 of title 49, United States Code. 
‘‘(xxv) A project eligible under section 
6703 of title 49, United States Code, as 
added by the Infrastructure Investment 
and Jobs Act. 
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‘‘(xxvi) A project eligible under title I 
of the Housing and Community Develop-
ment Act of 1974 (42 U.S.C. 5301 et 
seq.). 
‘‘(xxvii) A project eligible under the 
bridge replacement, rehabilitation, preser-
vation, protection, and construction pro-
gram under paragraph (1) under the head-
ing ‘HIGHWAY INFRASTRUCTURE PROGRAM’ 
under the heading ‘FEDERAL HIGHWAY 
ADMINISTRATION’ under the heading ‘DE-
PARTMENT OF TRANSPORTATION’ 
under title VIII of division J of the Infra-
structure Investment and Jobs Act. 
‘‘(C) LIMITATIONS; APPLICATION OF RE-
QUIREMENTS.— 
‘‘(i) LIMITATION ON AMOUNTS TO BE 
USED FOR INFRASTRUCTURE PROJECTS.— 
‘‘(I) IN
GENERAL.—The total 
amount that a State, territory, or 
Tribal government may use from a 
payment made under this section for 
uses described in subparagraph (A) 
shall not exceed the greater of— 
‘‘(aa) $10,000,000; and 
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‘‘(bb) 30 percent of such 
payment. 
‘‘(II) RULE OF APPLICATION.— 
The spending limitation under sub-
clause (I) shall not apply to any use 
of funds permitted under paragraph 
(1), and any such use of funds shall 
be disregarded for purposes of apply-
ing such spending limitation. 
‘‘(ii) LIMITATION ON OPERATING EX-
PENSES.—Funds provided under a pay-
ment made under this section shall not be 
used for operating expenses of a project 
described in clauses (xx) through (xxiv) of 
subparagraph (B). 
‘‘(iii) 
APPLICATION
OF
REQUIRE-
MENTS.—Except as otherwise determined 
by the Secretary or the head of a Federal 
agency to which the Secretary has dele-
gated authority pursuant to clause (iv) or 
provided in this section— 
‘‘(I) the requirements of section 
60102 of the Infrastructure Invest-
ment and Jobs Act shall apply to 
funds provided under a payment made 
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under this section that are used pur-
suant to subparagraph (A) for a 
project described in clause (xxvi) of 
subparagraph (B) that relates to 
broadband infrastructure; 
‘‘(II) the requirements of titles 
23, 40, and 49 of the United States 
Code, title I of the Housing and Com-
munity Development Act of 1974 (42 
U.S.C. 5301 et seq.), and the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall 
apply to funds provided under a pay-
ment made under this section that are 
used for projects described in sub-
paragraph (B); and 
‘‘(III) a State government receiv-
ing a payment under this section may 
use funds provided under such pay-
ment for projects described in clauses 
(i) through (xxvii) of subparagraph 
(B), as applicable, that— 
‘‘(aa) demonstrate progress 
in achieving a state of good re-
pair as required by the State’s 
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asset management plan under 
section 119(e) of title 23, United 
States Code; and 
‘‘(bb) support the achieve-
ment of 1 or more performance 
targets of the State established 
under section 150 of title 23, 
United States Code. 
‘‘(iv) 
OVERSIGHT.—The 
Secretary 
may delegate oversight and administration 
of the requirements described in clause (iii) 
to the appropriate Federal agency. 
‘‘(v) SUPPLEMENT, NOT SUPPLANT.— 
Amounts from a payment made under this 
section that are used by a State, territory, 
or Tribal government for uses described in 
subparagraph (A) shall supplement, and 
not supplant, other Federal, State, terri-
torial, Tribal, and local government funds 
(as applicable) otherwise available for such 
uses. 
‘‘(D) REPORTS.—The Secretary, in con-
sultation with the Secretary of Transportation, 
shall provide periodic reports on the use of 
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funds by States, territories, and Tribal govern-
ments under subparagraph (A). 
‘‘(E) 
AVAILABILITY.—Funds 
provided 
under a payment made under this section to a 
State, territory, or Tribal government shall re-
main available for obligation for a use described 
in subparagraph (A) through December 31, 
2024, except that no amount of such funds may 
be expended after September 30, 2026.’’; and 
(2) in subsection 603— 
(A) in subsection (a), by inserting ‘‘(except 
as provided in subsection (c)(6))’’ after ‘‘De-
cember 31, 2024’’; and 
(B) in subsection (c)— 
(i) in paragraph (1)— 
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘para-
graphs (3) and (4)’’ and inserting 
‘‘paragraphs (3), (4), (5), and (6)’’; 
(II) by amending subparagraph 
(C) to read as follows: 
‘‘(C) for the provision of government serv-
ices up to an amount equal to the greater of— 
‘‘(i) the amount of the reduction in 
revenue of such metropolitan city, non-
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entitlement unit of local government, or 
county due to the COVID–19 public health 
emergency relative to revenues collected in 
the most recent full fiscal year of the met-
ropolitan city, nonentitlement unit of local 
government, or county to the emergency; 
or 
‘‘(ii) $10,000,000;’’; 
(III) in subparagraph (D), by 
striking the period at the end and in-
serting ‘‘; or’’; and 
(IV) by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) to provide emergency relief from nat-
ural disasters or the negative economic impacts 
of natural disasters, including temporary emer-
gency housing, food assistance, financial assist-
ance for lost wages, or other immediate needs.’’; 
and 
(ii) by adding at the end the following 
new paragraph: 
‘‘(6) AUTHORITY TO USE FUNDS FOR CERTAIN 
INFRASTRUCTURE PROJECTS.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), notwithstanding any other provision 
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of law, a metropolitan city, nonentitlement unit 
of local government, or county receiving a pay-
ment under this section may use funds provided 
under such payment for projects described in 
subparagraph (B) of section 602(c)(5), includ-
ing, to the extent consistent with guidance or 
rules issued by the Secretary or the head of a 
Federal agency to which the Secretary has dele-
gated authority pursuant to subparagraph 
(B)(iv)— 
‘‘(i) in the case of a project eligible 
under section 117 of title 23, United 
States Code, or section 5309 or 6701 of 
title 49, United States Code, to satisfy a 
non-Federal share requirement applicable 
to such a project; and 
‘‘(ii) in the case of a project eligible 
for credit assistance under the TIFIA pro-
gram under chapter 6 of title 23, United 
States Code— 
‘‘(I) to satisfy a non-Federal 
share requirement applicable to such a 
project; and 
‘‘(II) to repay a loan provided 
under such program. 
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‘‘(B) LIMITATIONS; APPLICATION OF RE-
QUIREMENTS.— 
‘‘(i) LIMITATION ON AMOUNTS TO BE 
USED FOR INFRASTRUCTURE PROJECTS.— 
‘‘(I) IN
GENERAL.—The total 
amount that a metropolitan city, non-
entitlement unit of local government, 
or county may use from a payment 
made under this section for uses de-
scribed in subparagraph (A) shall not 
exceed the greater of— 
‘‘(aa) $10,000,000; and 
‘‘(bb) 30 percent of such 
payment. 
‘‘(II) RULE OF APPLICATION.— 
The spending limitation under sub-
clause (I) shall not apply to any use 
of funds permitted under paragraph 
(1), and any such use of funds shall 
be disregarded for purposes of apply-
ing such spending limitation. 
‘‘(ii) LIMITATION ON OPERATING EX-
PENSES.—Funds provided under a pay-
ment made under this section shall not be 
used for operating expenses of a project 
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described in clauses (xx) through (xxiv) of 
section 602(c)(5)(B). 
‘‘(iii) 
APPLICATION
OF
REQUIRE-
MENTS.—Except as otherwise determined 
by the Secretary or the head of a Federal 
agency to which the Secretary has dele-
gated authority pursuant to clause (iv) or 
provided in this section— 
‘‘(I) the requirements of section 
60102 of the Infrastructure Invest-
ment and Jobs Act shall apply to 
funds provided under a payment made 
under this section that are used pur-
suant to subparagraph (A) for a 
project described in clause (xxvi) of 
section 602(c)(5)(B) that relates to 
broadband infrastructure; and 
‘‘(II) the requirements of titles 
23, 40, and 49 of the United States 
Code, title I of the Housing and Com-
munity Development Act of 1974 (42 
U.S.C. 5301 et seq.), and the Na-
tional Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.) shall 
apply to funds provided under a pay-
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ment made under this section that are 
used for projects described in section 
602(c)(5)(B). 
‘‘(iv) 
OVERSIGHT.—The 
Secretary 
may delegate oversight and administration 
of the requirements described in clause (iii) 
to the appropriate Federal agency. 
‘‘(v) SUPPLEMENT, NOT SUPPLANT.— 
Amounts from a payment made under this 
section that are used by a metropolitan 
city, nonentitlement unit of local govern-
ment, or county for uses described in sub-
paragraph (A) shall supplement, and not 
supplant, other Federal, State, territorial, 
Tribal, and local government funds (as ap-
plicable) otherwise available for such uses. 
‘‘(C) REPORTS.—The Secretary, in con-
sultation with the Secretary of Transportation, 
shall provide periodic reports on the use of 
funds by metropolitan cities, nonentitlement 
units of local government, or counties under 
subparagraph (A). 
‘‘(D) 
AVAILABILITY.—Funds 
provided 
under a payment made under this section to a 
metropolitan city, nonentitlement unit of local 
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government, or county shall remain available 
for obligation for a use described in subpara-
graph (A) through December 31, 2024, except 
that no amount of such funds may be expended 
after September 30, 2026.’’. 
(b) TECHNICAL AMENDMENTS.—Sections 602(c)(3) 
and 603(c)(3) of title VI of the Social Security Act (42 
U.S.C. 802(c)(3), 803(c)(3)) are each amended by striking 
‘‘paragraph (17) of’’. 
(c) GUIDANCE AND EFFECTIVE DATE.— 
(1) GUIDANCE OR RULE.—Within 60 days of 
the date of enactment of this Act, the Secretary of 
the Treasury, in consultation with the Secretary of 
Transportation, shall issue guidance or promulgate a 
rule to carry out the amendments made by this sec-
tion, including updating reporting requirements on 
the use of funds under this section. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall take effect upon the issuance of 
guidance or the promulgation of a rule described in 
paragraph (1). 
(d) DEPARTMENT OF THE TREASURY ADMINISTRA-
TIVE EXPENSES.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, the unobligated balances from 
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amounts made available to the Secretary of the 
Treasury (referred to in this subsection as the ‘‘Sec-
retary’’) for administrative expenses pursuant to the 
provisions specified in paragraph (2) shall be avail-
able to the Secretary (in addition to any other ap-
propriations provided for such purpose) for any ad-
ministrative expenses of the Department of the 
Treasury determined by the Secretary to be nec-
essary to respond to the coronavirus emergency, in-
cluding any expenses necessary to implement any 
provision of— 
(A) the Coronavirus Aid, Relief, and Eco-
nomic Security Act (Public Law 116–136); 
(B) division N of the Consolidated Appro-
priations Act, 2021 (Public Law 116–260); 
(C) the American Rescue Plan Act (Public 
Law 117–2); or 
(D) title VI of the Social Security Act (42 
U.S.C. 801 et seq.). 
(2) PROVISIONS
SPECIFIED.—The provisions 
specified in this paragraph are the following: 
(A) Sections 4003(f) and 4112(b) of the 
Coronavirus Aid, Relief, and Economic Security 
Act (Public Law 116–136). 
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(B) Section 421(f)(2) of division N of the 
Consolidated Appropriations Act, 2021 (Public 
Law 116–260). 
(C) 
Sections 
3201(a)(2)(B), 
3206(d)(1)(A), and 7301(b)(5) of the American 
Rescue Plan Act of 2021 (Public Law 117–2). 
(D) Section 602(a)(2) of the Social Secu-
rity Act (42 U.S.C. 802(a)(2)). 
SEC. 3. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY 
FUND. 
Section 605 of the Social Security Act (42 U.S.C. 
805) is amended to read as follows: 
‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY 
FUND. 
‘‘(a) APPROPRIATION.—In addition to amounts oth-
erwise available, there is appropriated for fiscal year 2021, 
out of any money in the Treasury not otherwise appro-
priated, $2,000,000,000 to remain available until Sep-
tember 30, 2023, with amounts to be obligated for each 
of fiscal years 2022 and 2023 in accordance with sub-
section (b), for making payments under this section to eli-
gible revenue sharing recipients, eligible Tribal govern-
ments, and territories. 
‘‘(b) AUTHORITY TO MAKE PAYMENTS.— 
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‘‘(1) ALLOCATIONS AND PAYMENTS TO ELIGI-
BLE REVENUE SHARING RECIPIENTS.— 
‘‘(A) ALLOCATIONS TO REVENUE SHARING 
COUNTIES.—For each of fiscal years 2022 and 
2023, the Secretary shall reserve $742,500,000 
of the total amount appropriated under sub-
section (a) to allocate to each revenue sharing 
county and, except as provided in subparagraph 
(B), pay to each revenue sharing county that is 
an eligible revenue sharing county amounts that 
are determined by the Secretary taking into ac-
count the amount of entitlement land in each 
revenue sharing county and the economic condi-
tions of each revenue sharing county, using 
such measurements of poverty, household in-
come, and unemployment over the most recent 
20-year period as of September 30, 2021, to the 
extent data are available, as well as other eco-
nomic indicators the Secretary determines ap-
propriate. 
‘‘(B) SPECIAL ALLOCATION RULES.— 
‘‘(i) REVENUE
SHARING
COUNTIES 
WITH
LIMITED
GOVERNMENT
FUNC-
TIONS.—In the case of an amount allo-
cated to a revenue sharing county under 
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subparagraph (A) that is a county with 
limited government functions, the Sec-
retary shall allocate and pay such amount 
to each eligible revenue sharing local gov-
ernment within such county with limited 
government functions in an amount deter-
mined by the Secretary taking into account 
the amount of entitlement land in each eli-
gible revenue sharing local government and 
the population of such eligible revenue 
sharing local government relative to the 
total population of such county with lim-
ited government functions. 
‘‘(ii) ELIGIBLE
REVENUE
SHARING 
COUNTY IN ALASKA.—In the case of the el-
igible revenue sharing county described in 
subparagraph (f)(3)(C), the Secretary shall 
pay the amount allocated to such eligible 
revenue sharing county to the State of 
Alaska. The State of Alaska shall dis-
tribute such payment to home rule cities 
and general law cities (as such cities are 
defined by the State) located within the 
boundaries of the eligible revenue sharing 
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county for which the payment was re-
ceived. 
‘‘(C) PRO
RATA
ADJUSTMENT
AUTHOR-
ITY.—The amounts otherwise determined for al-
location and payment under subparagraphs (A) 
and (B) may be adjusted by the Secretary on 
a pro rata basis to the extent necessary to en-
sure that all available funds are allocated and 
paid to eligible revenue sharing recipients in ac-
cordance with the requirements specified in 
each such subparagraph. 
‘‘(2) ALLOCATIONS AND PAYMENTS TO ELIGI-
BLE
TRIBAL
GOVERNMENTS.—For each of fiscal 
years 2022 and 2023, the Secretary shall reserve 
$250,000,000 of the total amount appropriated 
under subsection (a) to allocate and pay to eligible 
Tribal governments in amounts that are determined 
by the Secretary taking into account economic condi-
tions of each eligible Tribe. 
‘‘(3) ALLOCATIONS AND PAYMENTS TO TERRI-
TORIES.—For each of fiscal years 2022 and 2023, 
the Secretary shall reserve $7,500,000 of the total 
amount appropriated under subsection (a) to allo-
cate and pay to each territory an amount which 
bears the same proportion to the amount reserved in 
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pamtmann on DSKBC07HB2PROD with BILLS
this paragraph as the population of such territory 
bears to the total population of all such territories. 
‘‘(c) USE OF PAYMENTS.—An eligible revenue shar-
ing recipient, an eligible Tribal government, or a territory 
may use funds provided under a payment made under this 
section for any governmental purpose other than a lob-
bying activity. 
‘‘(d) REPORTING REQUIREMENT.—Any eligible rev-
enue sharing recipient and any territory receiving a pay-
ment under this section shall provide to the Secretary peri-
odic reports providing a detailed accounting of the uses 
of fund by such eligible revenue sharing recipient or terri-
tory, as applicable, and such other information as the Sec-
retary may require for the administration of this section. 
‘‘(e) RECOUPMENT.—Any eligible revenue sharing re-
cipient or any territory that has failed to submit a report 
required under subsection (d) or failed to comply with sub-
section (c), shall be required to repay to the Secretary an 
amount equal to— 
‘‘(1) in the case of a failure to comply with sub-
section (c), the amount of funds used in violation of 
such subsection; and 
‘‘(2) in the case of a failure to submit a report 
required under subsection (d), such amount as the 
Secretary determines appropriate, but not to exceed 
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5 percent of the amount paid to the eligible revenue 
sharing recipient or the territory under this section 
for all fiscal years. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) COUNTY.—The term ‘county’ means a 
county, parish, or other equivalent county division 
(as defined by the Bureau of the Census) in 1 of the 
50 States. 
‘‘(2) COUNTY
WITH
LIMITED
GOVERNMENT 
FUNCTIONS.—The term ‘county with limited govern-
ment functions’ means a county in which entitlement 
land is located that is not an eligible revenue sharing 
county. 
‘‘(3) ELIGIBLE REVENUE SHARING COUNTY.— 
The term ‘eligible revenue sharing county’ means— 
‘‘(A) a unit of general local government (as 
defined in section 6901(2) of title 31, United 
States Code) that is a county in which entitle-
ment land is located and which is eligible for a 
payment under section 6902(a) of title 31, 
United States Code; 
‘‘(B) the District of Columbia; or 
‘‘(C) the combined area in Alaska that is 
within the boundaries of a census area used by 
the Secretary of Commerce in the decennial 
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census, but that is not included within the 
boundary of a unit of general local government 
described in subparagraph (A). 
‘‘(4) ELIGIBLE REVENUE SHARING LOCAL GOV-
ERNMENT.—The term ‘eligible revenue sharing local 
government’ means a unit of general local govern-
ment (as defined in section 6901(2) of title 31, 
United States Code) in which entitlement land is lo-
cated that is not a county or territory and which is 
eligible for a payment under section 6902(a) of title 
31, United States Code. 
‘‘(5) ELIGIBLE
REVENUE
SHARING
RECIPI-
ENTS.—The term ‘eligible revenue sharing recipi-
ents’ means, collectively, eligible revenue sharing 
counties and eligible revenue sharing local govern-
ments. 
‘‘(6) ELIGIBLE
TRIBAL
GOVERNMENT.—The 
term ‘eligible Tribal government’ means the recog-
nized governing body of an eligible Tribe. 
‘‘(7) ELIGIBLE
TRIBE.—The term ‘eligible 
Tribe’ means any Indian or Alaska Native tribe, 
band, nation, pueblo, village, community, component 
band, or component reservation, individually identi-
fied (including parenthetically) in the list published 
most recently as of March 11, 2021, pursuant to 
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section 104 of the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 5131). 
‘‘(8) ENTITLEMENT LAND.—The term ‘entitle-
ment land’ has the meaning given to such term in 
section 6901(1) of title 31, United States Code. 
‘‘(9) REVENUE SHARING COUNTY.—The term 
‘revenue sharing county’ means— 
‘‘(A) an eligible revenue sharing county; or 
‘‘(B) a county with limited government 
functions. 
‘‘(10) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of the Treasury. 
‘‘(11) 
TERRITORY.—The 
term 
‘territory’ 
means— 
‘‘(A) the Commonwealth of Puerto Rico; 
‘‘(B) the United States Virgin Islands; 
‘‘(C) Guam; 
‘‘(D) the Commonwealth of the Northern 
Mariana Islands; or 
‘‘(E) American Samoa.’’. 
SEC. 4. EXTENSION OF AVAILABILITY OF CORONAVIRUS 
RELIEF FUND PAYMENTS TO TRIBAL GOV-
ERNMENTS. 
Section 601(d)(3) of the Social Security Act (42 
U.S.C. 801(d)(3)) is amended by inserting ‘‘(or, in the 
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case of costs incurred by a Tribal government, during the 
period that begins on March 1, 2020, and ends on Decem-
ber 31, 2022)’’ before the period. 
SEC. 5. RESCISSION OF CORONAVIRUS RELIEF AND RECOV-
ERY FUNDS DECLINED BY STATES, TERRI-
TORIES, OR OTHER GOVERNMENTAL ENTI-
TIES. 
Title VI of the Social Security Act (42 U.S.C. 801 
et seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 606. RESCISSION OF FUNDS DECLINED BY STATES, 
TERRITORIES, OR OTHER GOVERNMENTAL 
ENTITIES. 
‘‘(a) RESCISSION.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), if a State, territory, or other governmental 
entity provides notice to the Secretary of the Treas-
ury in the manner provided by the Secretary of the 
Treasury that the State, territory, or other govern-
mental entity intends to decline all or a portion of 
the amounts that are to be awarded to the State, 
territory, or other governmental entity from funds 
appropriated under this title, an amount equal to 
the unaccepted amounts or portion of such amounts 
allocated by the Secretary of the Treasury as of the 
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date of such notice that would have been awarded to 
the State, territory, or other governmental entity 
shall be rescinded from the applicable appropriation 
account. 
‘‘(2) EXCLUSION.—Paragraph (1) shall not 
apply with respect to funds that are to be paid to 
a State under section 603 for distribution to non-
entitlement units of local government. 
‘‘(3) RULES
OF
CONSTRUCTION.—Paragraph 
(1) shall not be construed as— 
‘‘(A) preventing a sub-State governmental 
entity, including a nonentitlement unit of local 
government, from notifying the Secretary of the 
Treasury that the sub-State governmental enti-
ty intends to decline all or a portion of the 
amounts that a State may distribute to the en-
tity from funds appropriated under this title; or 
‘‘(B) allowing a State to prohibit or other-
wise prevent a sub-State governmental entity 
from providing such a notice. 
‘‘(b) USE FOR DEFICIT REDUCTION.—Amounts re-
scinded under subsection (a) shall be deposited in the gen-
eral fund of the Treasury for the sole purpose of deficit 
reduction. 
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‘‘(c) STATE OR OTHER GOVERNMENTAL ENTITY DE-
FINED.—In this section, the term ‘State, territory, or 
other governmental entity’ means any entity to which a 
payment may be made directly to the entity under this 
title other than a Tribal government, as defined in sections 
601(g), 602(g), and 604(d), and an eligible Tribal govern-
ment, as defined in section 605(f).’’. 
Æ 
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