S. 5323, 117th Congress — To Allow States and Local Governments to Use Coronavirus Relief Funds
Summary
S. 5323 is a Senate bill introduced December 20, 2022 by Cornyn, for himself, Padilla, Tester and Murkowski, 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. The heading records that it was read twice, considered, read the third time, and passed. Section 2 amends title VI of the Social Security Act (42 U.S.C. 801 et seq.), including provision of government services up to an amount equal to the greater of a revenue reduction or $10,000,000, and a new subparagraph on emergency relief from natural disasters.
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“S. 5323, 117th Congress — To Allow States and Local Governments to Use Coronavirus Relief Funds.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117s5323cps-bills-117s5323cps/
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II
117TH CONGRESS
2D SESSION
S. 5323
To amend title VI of the Social Security Act to allow States and local
governments to use coronavirus relief funds provided under the American
Rescue Plan Act for infrastructure projects, improve the Local Assistance
and Tribal Consistency Fund, provide Tribal governments with more
time to use Coronavirus Relief Fund payments, and for other purposes.
IN THE SENATE OF THE UNITED STATES
DECEMBER 20, 2022
Mr. CORNYN (for himself, Mr. PADILLA, Mr. TESTER, and Ms. MURKOWSKI)
introduced the following bill; which was read twice, considered, read the
third time, and passed
A BILL
To amend title VI of the Social Security Act to allow States
and local governments to use coronavirus relief funds
provided under the American Rescue Plan Act for 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.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘State, Local, Tribal,
3 and Territorial Fiscal Recovery, Infrastructure, and Dis-
4 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 ‘‘(ex-
12 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 sub-
17 paragraph (A), by striking ‘‘para-
18 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 serv-
23 ices up to an amount equal to the greater of—
24 ‘‘(i) the amount of the reduction in
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25 revenue of such State, territory, or Tribal
26 government due to the COVID–19 public
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1 health emergency relative to revenues col-
2 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 in-
8 serting ‘‘; or’’; and
9 (IV) by adding at the end the fol-
10 lowing new subparagraph:
11 ‘‘(E) to provide emergency relief from nat-
12 ural disasters or the negative economic impacts
13 of natural disasters, including temporary emer-
14 gency housing, food assistance, financial assist-
15 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 subpara-
22 graph (C), notwithstanding any other provision
23 of law, a State, territory, or Tribal government
24 receiving a payment under this section may use
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25 funds provided under such payment for projects
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1 described in subparagraph (B), including, to the
2 extent consistent with guidance or rules issued
3 by the Secretary or the head of a Federal agen-
4 cy to which the Secretary has delegated author-
5 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 pro-
14 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
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25 117 of title 23, United States Code.
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1 ‘‘(ii) A project eligible under section
2 119 of title 23, United States Code.
3 ‘‘(iii) A project eligible under section
4 124 of title 23, United States Code, as
5 added by the Infrastructure Investment
6 and Jobs Act.
7 ‘‘(iv) A project eligible under section
8 133 of title 23, United States Code.
9 ‘‘(v) An activity to carry out section
10 134 of title 23, United States Code.
11 ‘‘(vi) A project eligible under section
12 148 of title 23, United States Code.
13 ‘‘(vii) A project eligible under section
14 149 of title 23, United States Code.
15 ‘‘(viii) A project eligible under section
16 151(f) of title 23, United States Code, as
17 added by the Infrastructure Investment
18 and Jobs Act.
19 ‘‘(ix) A project eligible under section
20 165 of title 23, United States Code.
21 ‘‘(x) A project eligible under section
22 167 of title 23, United States Code.
23 ‘‘(xi) A project eligible under section
24 173 of title 23, United States Code, as
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1 added by the Infrastructure Investment
2 and Jobs Act.
3 ‘‘(xii) A project eligible under section
4 175 of title 23, United States Code, as
5 added by the Infrastructure Investment
6 and Jobs Act.
7 ‘‘(xiii) A project eligible under section
8 176 of title 23, United States Code, as
9 added by the Infrastructure Investment
10 and Jobs Act.
11 ‘‘(xiv) A project eligible under section
12 202 of title 23, United States Code.
13 ‘‘(xv) A project eligible under section
14 203 of title 23, United States Code.
15 ‘‘(xvi) A project eligible under section
16 204 of title 23, United States Code.
17 ‘‘(xvii) A project eligible under the
18 program for national infrastructure invest-
19 ments (commonly known as the ‘Rebuild-
20 ing American Infrastructure with Sustain-
21 ability and Equity (RAISE) grant pro-
22 gram’).
23 ‘‘(xviii) A project eligible for credit as-
24 sistance under the TIFIA program under
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25 chapter 6 of title 23, United States Code.
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1 ‘‘(xix) A project that furthers the
2 completion of a designated route of the Ap-
3 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 sec-
13 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 Develop-
22 ment Act of 1974 (42 U.S.C. 5301 et
23 seq.).
24 ‘‘(xxvii) A project eligible under the
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25 bridge replacement, rehabilitation, preser-
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1 vation, protection, and construction pro-
2 gram under paragraph (1) under the head-
3 ing ‘HIGHWAY INFRASTRUCTURE PROGRAM’
4 under the heading ‘FEDERAL HIGHWAY
5 ADMINISTRATION’ under the heading ‘DE-
6 PARTMENT OF TRANSPORTATION’
7 under title VIII of division J of the Infra-
8 structure Investment and Jobs Act.
9 ‘‘(C) LIMITATIONS; APPLICATION OF RE-
10 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 sub-
24 clause (I) shall not apply to any use
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25 of funds permitted under paragraph
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1 (1), and any such use of funds shall
2 be disregarded for purposes of apply-
3 ing such spending limitation.
4 ‘‘(ii) LIMITATION ON OPERATING EX-
5 PENSES.—Funds provided under a pay-
6 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 REQUIRE-
11 MENTS.—Except as otherwise determined
12 by the Secretary or the head of a Federal
13 agency to which the Secretary has dele-
14 gated authority pursuant to clause (iv) or
15 provided in this section—
16 ‘‘(I) the requirements of section
17 60102 of the Infrastructure Invest-
18 ment and Jobs Act shall apply to
19 funds provided under a payment made
20 under this section that are used pur-
21 suant to subparagraph (A) for a
22 project described in clause (xxvi) of
23 subparagraph (B) that relates to
24 broadband infrastructure;
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1 ‘‘(II) the requirements of titles
2 23, 40, and 49 of the United States
3 Code, title I of the Housing and Com-
4 munity Development Act of 1974 (42
5 U.S.C. 5301 et seq.), and the Na-
6 tional Environmental Policy Act of
7 1969 (42 U.S.C. 4321 et. seq) shall
8 apply to funds provided under a pay-
9 ment made under this section that are
10 used for projects described in sub-
11 paragraph (B); and
12 ‘‘(III) a State government receiv-
13 ing a payment under this section may
14 use funds provided under such pay-
15 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 re-
20 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 achieve-
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25 ment of 1 or more performance
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1 targets of the State established
2 under section 150 of title 23,
3 United States Code.
4 ‘‘(iv) OVERSIGHT.—The Secretary
5 may delegate oversight and administration
6 of the requirements described in clause (iii)
7 to the appropriate Federal agency.
8 ‘‘(v) SUPPLEMENT, NOT SUPPLANT.—
9 Amounts from a payment made under this
10 section that are used by a State, territory,
11 or Tribal government for uses described in
12 subparagraph (A) shall supplement, and
13 not supplant, other Federal, State, terri-
14 torial, Tribal, and local government funds
15 (as applicable) otherwise available for such
16 uses.
17 ‘‘(D) REPORTS.—The Secretary, in con-
18 sultation with the Secretary of Transportation,
19 shall provide periodic reports on the use of
20 funds by States, territories, and Tribal govern-
21 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 re-
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25 main available for obligation for a use described
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1 in subparagraph (A) through December 31,
2 2024, except that no amount of such funds may
3 be expended after September 30, 2026.’’; and
4 (2) in subsection 603—
5 (A) in subsection (a), by inserting ‘‘(except
6 as provided in subsection (c)(6))’’ after ‘‘De-
7 cember 31, 2024’’; and
8 (B) in subsection (c)—
9 (i) in paragraph (1)—
10 (I) in the matter preceding sub-
11 paragraph (A), by striking ‘‘para-
12 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 serv-
17 ices up to an amount equal to the greater of—
18 ‘‘(i) the amount of the reduction in
19 revenue of such metropolitan city, non-
20 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 met-
24 ropolitan city, nonentitlement unit of local
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1 government, or county to the emergency;
2 or
3 ‘‘(ii) $10,000,000;’’;
4 (III) in subparagraph (D), by
5 striking the period at the end and in-
6 serting ‘‘; or’’; and
7 (IV) by adding at the end the fol-
8 lowing new subparagraph:
9 ‘‘(E) to provide emergency relief from nat-
10 ural disasters or the negative economic impacts
11 of natural disasters, including temporary emer-
12 gency housing, food assistance, financial assist-
13 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 subpara-
20 graph (B), notwithstanding any other provision
21 of law, a metropolitan city, nonentitlement unit
22 of local government, or county receiving a pay-
23 ment under this section may use funds provided
24 under such payment for projects described in
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25 subparagraph (B) of section 602(c)(5), includ-
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1 ing, to the extent consistent with guidance or
2 rules issued by the Secretary or the head of a
3 Federal agency to which the Secretary has dele-
4 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 pro-
14 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 RE-
22 QUIREMENTS.—
23 ‘‘(i) LIMITATION ON AMOUNTS TO BE
24 USED FOR INFRASTRUCTURE PROJECTS.—
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1 ‘‘(I) IN GENERAL.—The total
2 amount that a metropolitan city, non-
3 entitlement unit of local government,
4 or county may use from a payment
5 made under this section for uses de-
6 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 sub-
13 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 apply-
17 ing such spending limitation.
18 ‘‘(ii) LIMITATION ON OPERATING EX-
19 PENSES.—Funds provided under a pay-
20 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 REQUIRE-
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25 MENTS.—Except as otherwise determined
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1 by the Secretary or the head of a Federal
2 agency to which the Secretary has dele-
3 gated authority pursuant to clause (iv) or
4 provided in this section—
5 ‘‘(I) the requirements of section
6 60102 of the Infrastructure Invest-
7 ment and Jobs Act shall apply to
8 funds provided under a payment made
9 under this section that are used pur-
10 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 Com-
17 munity Development Act of 1974 (42
18 U.S.C. 5301 et seq.), and the Na-
19 tional Environmental Policy Act of
20 1969 (42 U.S.C. 4321 et. seq) shall
21 apply to funds provided under a pay-
22 ment made under this section that are
23 used for projects described in section
24 602(c)(5)(B).
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1 ‘‘(iv) OVERSIGHT.—The Secretary
2 may delegate oversight and administration
3 of the requirements described in clause (iii)
4 to the appropriate Federal agency.
5 ‘‘(v) SUPPLEMENT, NOT SUPPLANT.—
6 Amounts from a payment made under this
7 section that are used by a metropolitan
8 city, nonentitlement unit of local govern-
9 ment, or county for uses described in sub-
10 paragraph (A) shall supplement, and not
11 supplant, other Federal, State, territorial,
12 Tribal, and local government funds (as ap-
13 plicable) otherwise available for such uses.
14 ‘‘(C) REPORTS.—The Secretary, in con-
15 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 subpara-
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1 that no amount of such funds may be expended
2 after September 30, 2026.’’.
3 (b) TECHNICAL AMENDMENTS.—Sections 602(c)(3)
4 and 603(c)(3) of title VI of the Social Security Act (42
5 U.S.C. 802(c)(3), 803(c)(3)) are each amended by striking
6 ‘‘paragraph (17) of’’.
7 (c) GUIDANCE AND EFFECTIVE DATE.—
8 (1) GUIDANCE OR RULE.—Within 60 days of
9 the date of enactment of this Act, the Secretary of
10 the Treasury, in consultation with the Secretary of
11 Transportation, shall issue guidance or promulgate a
12 rule to carry out the amendments made by this sec-
13 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 ADMINISTRA-
20 TIVE EXPENSES.—
21 (1) REDUCTION OF FUNDS AVAILABLE FOR AD-
22 MINISTRATIVE EXPENSES.—Title IV of division A of
23 the Coronavirus Aid, Relief, and Economic Security
24 Act (Public Law 116–136) is amended—
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1 (A) in section 4003(f), by striking
2 ‘‘$100,000,000’’ and inserting ‘‘61,000,000’’;
3 and
4 (B) in section 4112(b), by striking
5 ‘‘$100,000,000’’ and inserting ‘‘$67,000,000’’.
6 (2) AUTHORITY.—Notwithstanding any other
7 provision of law, the unobligated balances from
8 amounts made available to the Secretary of the
9 Treasury (referred to in this subsection as the ‘‘Sec-
10 retary’’) for administrative expenses pursuant to the
11 provisions specified in paragraph (3) shall be avail-
12 able to the Secretary (in addition to any other ap-
13 propriations provided for such purpose) for the pur-
14 pose described in paragraph (4) (subject to the limi-
15 tation in such paragraph) and for administrative ex-
16 penses of the Department of the Treasury, except
17 for the Internal Revenue Service, determined by the
18 Secretary to be necessary to respond to the
19 coronavirus emergency, including any expenses nec-
20 essary to implement any provision of—
21 (A) the Coronavirus Aid, Relief, and Eco-
22 nomic Security Act (Public Law 116–136);
23 (B) division N of the Consolidated Appro-
24 priations Act, 2021 (Public Law 116–260);
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1 (C) the American Rescue Plan Act (Public
2 Law 117–2); or
3 (D) title VI of the Social Security Act (42
4 U.S.C. 801 et seq.).
5 (3) PROVISIONS SPECIFIED.—The provisions
6 specified in this paragraph are the following:
7 (A) Amounts made available under section
8 4027(a) of the Coronavirus Aid, Relief, and
9 Economic Security Act (15 U.S.C. 9061(a)) to
10 pay costs and administrative expenses under
11 section 4003(f) of such Act (15 U.S.C.
12 9042(f))) and amounts made available by sec-
13 tion 4120(a) of the Coronavirus Aid, Relief,
14 and Economic Security Act (15 U.S.C. 9080) to
15 pay costs and administrative expenses under
16 section 4112(b) of such Act (15 U.S.C.
17 9072(b)) (after application of the amendments
18 made by paragraph (1) of this subsection).
19 (B) Section 421(f)(2) of division N of the
20 Consolidated Appropriations Act, 2021 (Public
21 Law 116–260).
22 (C) Sections 3201(a)(2)(B),
23 3206(d)(1)(A), and 7301(b)(5) of the American
24 Rescue Plan Act of 2021 (Public Law 117–2).
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1 (D) Section 602(a)(2) of the Social Secu-
2 rity Act (42 U.S.C. 802(a)(2)).
3 (4) PAYMENTS TO ELIGIBLE REVENUE SHARING
4 CONSOLIDATED GOVERNMENTS.—Of amounts made
5 available under paragraph (2), up to $10,600,000
6 shall be available to the Secretary (in addition to
7 any other appropriations provided for such purpose)
8 for making payments to eligible revenue sharing con-
9 solidated governments under subsection (g) of sec-
10 tion 605 of the Social Security Act (42 U.S.C. 805),
11 as added by section 3 of this Act.
12 SEC. 3. ALLOWING PAYMENTS TO ELIGIBLE REVENUE
13 SHARING CONSOLIDATED GOVERNMENTS
14 FROM LOCAL ASSISTANCE AND TRIBAL CON-
15 SISTENCY FUND.
16 (a) IN GENERAL.—Section 605 of the Social Security
17 Act (42 U.S.C. 805) is amended by adding at the end the
18 following new subsection:
19 ‘‘(g) PAYMENTS TO ELIGIBLE REVENUE SHARING
20 CONSOLIDATED GOVERNMENTS.—
21 ‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHAR-
22 ING CONSOLIDATED GOVERNMENTS FOR FISCAL
23 YEARS 2023 AND 2024.—The Secretary shall allocate
24 and pay to each eligible revenue sharing consolidated
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25 government for each of fiscal years 2023 and 2024
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1 an amount equal to the amount that the Secretary
2 would have allocated to such eligible revenue sharing
3 consolidated government for fiscal year 2022 if all
4 eligible revenue sharing consolidated governments
5 had been treated as eligible revenue sharing counties
6 for purposes of being eligible for payments under
7 subsection (b)(1) for such fiscal year using the allo-
8 cation methodology adopted by the Department of
9 the Treasury for such eligible revenue sharing coun-
10 ties as of the date of enactment of this subsection.
11 ‘‘(2) FUNDING FOR PAYMENTS.—
12 ‘‘(A) IN GENERAL.—The Secretary shall
13 make the allocations and payments described in
14 paragraph (1) from the amounts described in
15 subparagraph (B), which shall be available to
16 the Secretary for such purpose notwithstanding
17 any other provision of law.
18 ‘‘(B) AMOUNTS DESCRIBED.—The
19 amounts described in this subparagraph are the
20 following:
21 ‘‘(i) Any amount allocated to an eligi-
22 ble revenue sharing county under sub-
23 section (b)(1) for fiscal year 2022 or 2023
24 that, as of January 31, 2023, has not been
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25 requested by such county.
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1 ‘‘(ii) Amounts made available to the
2 Secretary under section 2(d)(4) of the
3 State, Local, Tribal, and Territorial Fiscal
4 Recovery, Infrastructure, and Disaster Re-
5 lief Flexibility Act.’’.
6 (b) CONFORMING AMENDMENTS.—Section 605 of the
7 Social Security Act (42 U.S.C. 805), as amended by sub-
8 section (a), is further amended—
9 (1) in subsection (a), by inserting ‘‘, subject to
10 subsection (g),’’ after ‘‘obligated’’;
11 (2) in subsection (c), by striking ‘‘or an eligible
12 Tribal government’’ and inserting ‘‘, an eligible
13 Tribal government, or an eligible revenue sharing
14 consolidated government’’;
15 (3) in subsections (d) and (e), by inserting ‘‘or
16 eligible revenue sharing consolidated government’’
17 after ‘‘eligible revenue sharing county’’ each place it
18 appears; and
19 (4) in subsection (f)—
20 (A) by redesignating paragraphs (1)
21 through (4) as paragraphs (2) through (5), re-
22 spectively; and
23 (B) by inserting before paragraph (2) (as
24 so redesignated) the following new paragraph:
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1 ‘‘(1) ELIGIBLE REVENUE SHARING CONSOLI-
2 DATED GOVERNMENT.—The term ‘eligible revenue
3 sharing consolidated government’ means a county,
4 parish, or borough—
5 ‘‘(A) that has been classified by the Bu-
6 reau of the Census as an active government
7 consolidated with another government; and
8 ‘‘(B) for which, as determined by the Sec-
9 retary, there is a negative revenue impact due
10 to implementation of a Federal program or
11 changes to such program.’’.
12 SEC. 4. EXTENSION OF AVAILABILITY OF CORONAVIRUS
13 RELIEF FUND PAYMENTS TO TRIBAL GOV-
14 ERNMENTS.
15 Section 601(d)(3) of the Social Security Act (42
16 U.S.C. 801(d)(3)) is amended by inserting ‘‘(or, in the
17 case of costs incurred by a Tribal government, during the
18 period that begins on March 1, 2020, and ends on Decem-
19 ber 31, 2022)’’ before the period.
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1 SEC. 5. RESCISSION OF CORONAVIRUS RELIEF AND RECOV-
2 ERY FUNDS DECLINED BY STATES, TERRI-
3 TORIES, OR OTHER GOVERNMENTAL ENTI-
4 TIES.
5 Title VI of the Social Security Act (42 U.S.C. 801
6 et seq.) is amended by adding at the end the following
7 new section:
8 ‘‘SEC. 606. RESCISSION OF FUNDS DECLINED BY STATES,
9 TERRITORIES, OR OTHER GOVERNMENTAL
10 ENTITIES.
11 ‘‘(a) RESCISSION.—
12 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
13 and (3), if a State, territory, or other governmental
14 entity provides notice to the Secretary of the Treas-
15 ury in the manner provided by the Secretary of the
16 Treasury that the State, territory, or other govern-
17 mental entity intends to decline all or a portion of
18 the amounts that are to be awarded to the State,
19 territory, or other governmental entity from funds
20 appropriated under this title, an amount equal to
21 the unaccepted amounts or portion of such amounts
22 allocated by the Secretary of the Treasury as of the
23 date of such notice that would have been awarded to
24 the State, territory, or other governmental entity
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25 shall be rescinded from the applicable appropriation
26 account.
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1 ‘‘(2) EXCLUSION.—Paragraph (1) shall not
2 apply with respect to funds that are to be paid to
3 a State under section 603 for distribution to non-
4 entitlement units of local government.
5 ‘‘(3) RULES OF CONSTRUCTION.—Paragraph
6 (1) shall not be construed as—
7 ‘‘(A) preventing a sub-State governmental
8 entity, including a nonentitlement unit of local
9 government, from notifying the Secretary of the
10 Treasury that the sub-State governmental enti-
11 ty intends to decline all or a portion of the
12 amounts that a State may distribute to the en-
13 tity from funds appropriated under this title; or
14 ‘‘(B) allowing a State to prohibit or other-
15 wise prevent a sub-State governmental entity
16 from providing such a notice.
17 ‘‘(b) USE FOR DEFICIT REDUCTION.—Amounts re-
18 scinded under subsection (a) shall be deposited in the gen-
19 eral fund of the Treasury for the sole purpose of deficit
20 reduction.
21 ‘‘(c) STATE OR OTHER GOVERNMENTAL ENTITY DE-
22 FINED.—In this section, the term ‘State, territory, or
23 other governmental entity’ means any entity to which a
24 payment may be made directly to the entity under this
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25 title other than a Tribal government, as defined in sections
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1 601(g), 602(g), and 604(d), and an eligible Tribal govern-
2 ment, as defined in section 605(f).’’.
Æ
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