State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act
This bill allows states, tribes, territories, and localities to use certain COVID-19 relief funds for new categories of spending, including for natural disasters and infrastructure projects. It also makes changes to expenditure deadlines and other aspects of this funding.
Specifically, recipients may use funds for emergency relief from natural disasters and associated negative economic impacts of natural disasters. In addition, recipients may use a portion of their COVID-19 relief funds for designated infrastructure projects, such as nationally significant freight and highway projects. Furthermore, the bill allows recipients to expend COVID-19 relief funds on these types of infrastructure projects until September 30, 2026. Under current law, recipients must expend the funds by December 31, 2024.
Other changes in the bill include (1) modifying eligibility and allocation requirements for funding set aside for counties and Indian tribes that are near public lands, (2) allowing Indian tribes an additional year to expend their COVID-19 relief funds, and (3) establishing a process for government entities to decline COVID-19 relief funds and requiring any declined funds to be used to reduce the federal deficit.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5735 Introduced in House (IH)]
<DOC>
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. Strickland, 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 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.
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.
``(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.
``(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.
``(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).''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Reform.
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