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:

; 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

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

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)

Reduction of funds available for administrative expenses

Title IV of division A of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended—(A)in section 4003(f), by striking $100,000,000 and inserting 61,000,000; and(B)in section 4112(b), by striking $100,000,000 and inserting $67,000,000.(2)

Authority

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 (3) shall be available to the Secretary (in addition to any other appropriations provided for such purpose) for the purpose described in paragraph (4) (subject to the limitation in such paragraph) and for administrative expenses of the Department of the Treasury, except for the Internal Revenue Service, 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.).(3)

Provisions specified

The provisions specified in this paragraph are the following: (A)Amounts made available under section 4027(a) of the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. 9061(a)) to pay costs and administrative expenses under section 4003(f) of such Act (15 U.S.C. 9042(f))) and amounts made available by section 4120(a) of the Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C. 9080) to pay costs and administrative expenses under section 4112(b) of such Act (15 U.S.C. 9072(b)) (after application of the amendments made by paragraph (1) of this subsection).(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)).(4)

Payments to eligible revenue sharing consolidated governments

Of amounts made available under paragraph (2), up to $10,600,000 shall be available to the Secretary (in addition to any other appropriations provided for such purpose) for making payments to eligible revenue sharing consolidated governments under subsection (g) of section 605 of the Social Security Act (42 U.S.C. 805), as added by section 3 of this Act.