S.Amdt. 2241

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.
______