[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5632-S5633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2241. Mr. WYDEN (for himself, Mr. Crapo, and Mr. Risch) submitted 
an amendment intended to be proposed to amendment SA 2137 proposed by 
Mr. Schumer (for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. 
Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. 
Warner, and Mr. Romney)) to the bill H.R. 3684, to authorize funds for 
Federal-aid highways, highway safety programs, and transit programs, 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in division I, insert the 
     following:

     SEC. ___. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND.

       (a) In General.--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 otherwise 
     available, there is appropriated for fiscal year 2021, out of 
     any money in the Treasury not otherwise appropriated, 
     $2,000,000,000 to remain available until September 30, 2023, 
     with amounts to be obligated for each of fiscal years 2022 
     and 2023 in accordance with subsection (b), for making 
     payments under this section to eligible revenue sharing 
     recipients, eligible Tribal governments, and territories.
       ``(b) Authority to Make Payments.--
       ``(1) Allocations and payments to eligible 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 
     subsection (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 account the amount of entitlement land in each revenue 
     sharing county and the economic conditions of each revenue 
     sharing county, using such measurements of poverty, household 
     income, and unemployment over the most recent 20-year period 
     as of September 30, 2021, to the extent data are available, 
     as well as other economic indicators the Secretary determines 
     appropriate.
       ``(B) Special allocation rules.--
       ``(i) Revenue sharing counties with limited government 
     functions.--In the case of an amount allocated to a revenue 
     sharing county under subparagraph (A) that is a county with 
     limited government functions, the Secretary shall allocate 
     and pay such amount to each eligible revenue sharing local 
     government within such county with limited government 
     functions in an amount determined by the Secretary taking 
     into account the amount of entitlement land in each eligible 
     revenue sharing local government and the population of such 
     eligible revenue sharing local government relative to the 
     total population of such county with limited government 
     functions.
       ``(ii) Eligible revenue sharing county in alaska.--In the 
     case of the eligible 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 distribute 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 county for which 
     the payment was received.
       ``(C) Pro rata adjustment authority.--The amounts otherwise 
     determined for allocation and payment under subparagraphs (A)

[[Page S5633]]

     and (B) may be adjusted by the Secretary on a pro rata basis 
     to the extent necessary to ensure that all available funds 
     are allocated and paid to eligible revenue sharing recipients 
     in accordance with the requirements specified in each such 
     subparagraph.
       ``(2) Allocations and payments to eligible 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 conditions of each 
     eligible Tribe.
       ``(3) Allocations and payments to territories.--For each of 
     fiscal years 2022 and 2023, the Secretary shall reserve 
     $7,500,000 of the total amount appropriated under subsection 
     (a) to allocate and pay to each territory an amount which 
     bears the same proportion to the amount reserved in this 
     paragraph as the population of such territory bears to the 
     total population of all such territories.
       ``(c) Use of Payments.--An eligible revenue sharing 
     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 lobbying activity.
       ``(d) Reporting Requirement.--Any eligible revenue sharing 
     recipient, any eligible Tribal government, and any territory 
     receiving a payment under this section shall provide to the 
     Secretary periodic reports providing a detailed accounting of 
     the uses of fund by such eligible revenue sharing recipient, 
     eligible Tribal government, or territory, as applicable, and 
     such other information as the Secretary may require for the 
     administration of this section.
       ``(e) Recoupment.--Any eligible revenue sharing recipient, 
     any eligible Tribal government, or any territory that has 
     failed to submit a report required under subsection (d) or 
     failed to comply with subsection (c), shall be required to 
     repay to the Secretary an amount equal to--
       ``(1) in the case of a failure to comply with subsection 
     (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 5 percent of the amount paid 
     to the eligible revenue sharing recipient, the eligible 
     Tribal government, 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 government 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 entitlement 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 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 government.--The term 
     `eligible revenue sharing local government' means a unit of 
     general local government (as defined in section 6901(2) of 
     title 31, United States Code) in which entitlement land is 
     located 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 recipients.--The term 
     `eligible revenue sharing recipients' means, collectively, 
     eligible revenue sharing counties and eligible revenue 
     sharing local governments.
       ``(6) Eligible tribal government.--The term `eligible 
     Tribal government' means the recognized 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 identified (including parenthetically) in the 
     list published most recently as of March 11, 2021, pursuant 
     to section 104 of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 5131).
       ``(8) Entitlement land.--The term `entitlement 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.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of enactment of this Act.
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