[Congressional Record Volume 167, Number 183 (Tuesday, October 19, 2021)]
[Senate]
[Pages S7079-S7082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


              AMENDING TITLE VI OF THE SOCIAL SECURITY ACT

  Mr. SCHUMER. Madam President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of S. 3011, which was introduced 
earlier today.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 3011) to amend title VI of the Social Security 
     Act to allow States and local governments to use coronavirus 
     relief funds provided under the American Rescue Plan Act for 
     infrastructure projects, improve the Local Assistance and 
     Tribal Consistency Fund, provide Tribal governments with more 
     time to use Coronavirus Relief Fund payments, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. SCHUMER. Madam President, I ask unanimous consent that the bill 
be considered read a third time and passed, and that the motion to 
reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 3011) was ordered to be engrossed for a third reading, 
was read the third time, and passed as follows:

                                S. 3011

       Be it enacted by the Senate and House of Representatives 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 Disaster 
     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 ``(except as 
     provided in subsection (c)(5))'' after ``December 31, 2024''; 
     and
       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``paragraph (3)'' and inserting ``paragraphs (3), (4), and 
     (5)'';
       (II) by amending subparagraph (C) to read as follows:

       ``(C) for the provision of government services up to an 
     amount equal to the greater of--
       ``(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 collected 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 inserting ``; or''; and
       (IV) by adding at the end the following new subparagraph:

       ``(E) to provide emergency relief from natural disasters or 
     the negative economic impacts of natural disasters, including 
     temporary emergency housing, food assistance, financial 
     assistance 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 subparagraph (C), 
     notwithstanding any other provision 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 agency to which the 
     Secretary has delegated authority 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 program 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.

       ``(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.

[[Page S7080]]

       ``(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.
       ``(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 investments (commonly known as the `Rebuilding 
     American Infrastructure with Sustainability and Equity 
     (RAISE) grant program').
       ``(xviii) A project eligible for credit assistance 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 Appalachian 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 section 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.
       ``(xxvi) A project eligible under title I of the Housing 
     and Community Development Act of 1974 (42 U.S.C. 5301 et 
     seq.).
       ``(xxvii) A project eligible under the bridge replacement, 
     rehabilitation, preservation, protection, and construction 
     program under paragraph (1) under the heading `highway 
     infrastructure program' under the heading `Federal Highway 
     Administration' under the heading `DEPARTMENT OF 
     TRANSPORTATION' under title VIII of division J of the 
     Infrastructure Investment and Jobs Act.
       ``(C) Limitations; application of requirements.--
       ``(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
       ``(bb) 30 percent of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (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 applying such spending 
     limitation.

       ``(ii) Limitation on operating expenses.--Funds provided 
     under a payment 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 requirements.--Except as otherwise 
     determined by the Secretary or the head of a Federal agency 
     to which the Secretary has delegated authority pursuant to 
     clause (iv) or provided in this section--

       ``(I) the requirements of section 60102 of the 
     Infrastructure Investment and Jobs Act shall apply to funds 
     provided under a payment made under this section that are 
     used pursuant 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 Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment made under 
     this section that are used for projects described in 
     subparagraph (B); and
       ``(III) a State government receiving a payment under this 
     section may use funds provided under such payment for 
     projects described in clauses (i) through (xxvii) of 
     subparagraph (B), as applicable, that--

       ``(aa) demonstrate progress in achieving a state of good 
     repair as required by the State's asset management plan under 
     section 119(e) of title 23, United States Code; and
       ``(bb) support the achievement 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, 
     territorial, Tribal, and local government funds (as 
     applicable) otherwise available for such uses.
       ``(D) Reports.--The Secretary, in consultation with the 
     Secretary of Transportation, shall provide periodic reports 
     on the use of funds by States, territories, and Tribal 
     governments under subparagraph (A).
       ``(E) Availability.--Funds provided under a payment made 
     under this section to a State, territory, or Tribal 
     government shall remain 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 ``December 31, 2024''; and
       (B) in subsection (c)--
       (i) in paragraph (1)--

       (I) in the matter preceding subparagraph (A), by striking 
     ``paragraphs (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 services up to an 
     amount equal to the greater of--
       ``(i) the amount of the reduction in revenue of such 
     metropolitan city, nonentitlement 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 metropolitan 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 inserting ``; or''; and
       (IV) by adding at the end the following new subparagraph:

       ``(E) to provide emergency relief from natural disasters or 
     the negative economic impacts of natural disasters, including 
     temporary emergency housing, food assistance, financial 
     assistance 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 subparagraph (B), 
     notwithstanding any other provision of law, a metropolitan 
     city, nonentitlement unit of local government, or county 
     receiving a payment under this section may use funds provided 
     under such payment for projects described in subparagraph (B) 
     of section 602(c)(5), including, to the extent consistent 
     with guidance or rules issued by the Secretary or the head of 
     a Federal agency to which the Secretary has delegated 
     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 program 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.

       ``(B) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--

       ``(I) In general.--The total amount that a metropolitan 
     city, nonentitlement unit of local government, or county 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
       ``(bb) 30 percent of such payment.

       ``(II) Rule of application.--The spending limitation under 
     subclause (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 applying such spending 
     limitation.

       ``(ii) Limitation on operating expenses.--Funds provided 
     under a payment made under this section shall not be used for 
     operating expenses of a project described in clauses (xx) 
     through (xxiv) of section 602(c)(5)(B).
       ``(iii) Application of requirements.--Except as otherwise 
     determined by the Secretary or the head of a Federal agency 
     to which the Secretary has delegated authority pursuant to 
     clause (iv) or provided in this section--

       ``(I) the requirements of section 60102 of the 
     Infrastructure Investment and Jobs Act shall apply to funds 
     provided under a payment made under this section that are 
     used pursuant 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 Community 
     Development Act of 1974 (42 U.S.C. 5301 et seq.), and the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et. 
     seq) shall apply to funds provided under a payment 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 government, or county for uses 
     described in subparagraph (A) shall supplement, and not 
     supplant, other Federal, State, territorial, Tribal, and 
     local government funds (as applicable) otherwise available 
     for such uses.

[[Page S7081]]

       ``(C) Reports.--The Secretary, in consultation 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 government, or county shall remain 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.''.
       (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 section, 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 Administrative Expenses.--
       (1) In general.--Notwithstanding any other provision of 
     law, the unobligated balances from amounts made available to 
     the Secretary of the Treasury (referred to in this subsection 
     as the ``Secretary'') for administrative expenses pursuant to 
     the provisions specified in paragraph (2) shall be available 
     to the Secretary (in addition to any other appropriations 
     provided for such purpose) for any administrative expenses of 
     the Department of the Treasury determined by the Secretary to 
     be necessary to respond to the coronavirus emergency, 
     including any expenses necessary to implement any provision 
     of--
       (A) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136);
       (B) division N of the Consolidated Appropriations 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).
       (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 Security 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 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) 
     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 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 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 
     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 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.

[[Page S7082]]

       ``(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 GOVERNMENTS.

       Section 601(d)(3) of the Social Security Act (42 U.S.C. 
     801(d)(3)) is amended by inserting ``(or, in the case of 
     costs incurred by a Tribal government, during the period that 
     begins on March 1, 2020, and ends on December 31, 2022)'' 
     before the period.

     SEC. 5. RESCISSION OF CORONAVIRUS RELIEF AND RECOVERY FUNDS 
                   DECLINED BY STATES, TERRITORIES, OR OTHER 
                   GOVERNMENTAL ENTITIES.

       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 Treasury in the manner 
     provided by the Secretary of the Treasury that the State, 
     territory, or other governmental 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 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 nonentitlement 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 
     entity intends to decline all or a portion of the amounts 
     that a State may distribute to the entity from funds 
     appropriated under this title; or
       ``(B) allowing a State to prohibit or otherwise prevent a 
     sub-State governmental entity from providing such a notice.
       ``(b) Use for Deficit Reduction.--Amounts rescinded under 
     subsection (a) shall be deposited in the general fund of the 
     Treasury for the sole purpose of deficit reduction.
       ``(c) State or Other Governmental Entity Defined.--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 government, as defined in 
     section 605(f).''.

                          ____________________