[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Page S5744]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2349. Mr. KENNEDY 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. __. USE OF CERTAIN FUNDS.

       (a) Use of Funds.--Notwithstanding any other provision of 
     law, any amount made available to a State or local 
     governmental entity under any COVID-19 relief legislation, 
     including any amendment made by any such legislation, that 
     remains unobligated after September 30, 2021, may be used by 
     such State or local government for any purpose, including 
     infrastructure, subject to subsection (b).
       (b) Restrictions.--
       (1) Application of certain restrictions.--Any amount 
     appropriated pursuant to any COVID-19 relief legislation, 
     including any amendment made by any such legislation, shall 
     be subject to the requirements contained in Public Law 116-
     260 for funds for programs authorized under sections 330 
     through 340 of the Public Health Service Act (42 U.S.C. 254b 
     through 256).
       (2) Underfunded state pension plans.--No amounts described 
     in subsection (a) may be used to fund an underfunded State 
     pension plan
       (c) COVID-19 Relief Legislation.--For purposes of this 
     section, the term ``COVID-19 relief legislation'' includes--
       (1) the Families First Coronavirus Response Act (Public Law 
     116-127);
       (2) the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136);
       (3) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139);
       (4) the Consolidated Appropriations Act, 2021 (Public Law 
     116-260); and
       (5) the American Rescue Plan Act of 2021 (Public Law 117-
     2).
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