[Congressional Record Volume 167, Number 138 (Tuesday, August 3, 2021)]
[Senate]
[Pages S5767-S5768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2409. Mr. CORNYN (for himself, Mr. Padilla, Ms. Baldwin, Mrs. 
Murray, Mr. Kelly, Ms. Lummis, Mr. Wicker, Ms. Hassan, Ms. Cortez 
Masto, Mr. Lujan, and Ms. Cantwell) 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. __. 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.) is amended--
       (1) in section 601(d)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and adjusting 
     the margins accordingly;
       (B) by striking ``A State, Tribal government, and unit of 
     local government'' and inserting the following:
       ``(1) In general.--A State, Tribal government, and unit of 
     local government''; and
       (C) by adding at the end the following new paragraph:
       ``(2) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, a State, Tribal government, or unit of local government 
     may use funds provided under a payment made under this 
     section for a project described in subparagraph (B), 
     including--
       ``(i) in the case of a project described in clause (xi), 
     (xii), or (xiii) of that subparagraph, to satisfy a non-
     Federal share requirement applicable to such a project; and
       ``(ii) in the case of a project described in clause (xiii) 
     of that subparagraph, to repay a loan provided under the 
     program described in that clause.
       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project eligible under section 133 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 148 of title 23, 
     United States Code.
       ``(iv) A project eligible under section 167 of title 23, 
     United States Code.
       ``(v) A project eligible under section 149 of title 23, 
     United States Code.
       ``(vi) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 202 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 203 of title 23, 
     United States Code.
       ``(ix) A project eligible under section 204 of title 23, 
     United States Code.
       ``(x) A project eligible under section 165 of title 23, 
     United States Code.
       ``(xi) A project that receives a grant under section 117 of 
     title 23, United States Code.
       ``(xii) A project that receives a grant under the program 
     for national infrastructure investments (commonly known as 
     the `Rebuilding American Infrastructure with Sustainability 
     and Equity (RAISE) grant program').
       ``(xiii) A project that receives credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xiv) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xv) A project that receives a grant under section 5337 
     of title 49, United States Code.
       ``(xvi) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xvii) A project that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xviii) A project that receives a grant under section 
     5311 of title 49, United States Code.
       ``(xix) A project that receives a grant under section 6703 
     of title 49, United States Code, as added by section 21203 of 
     the Infrastructure Investment and Jobs Act.
       ``(xx) A project carried out using funds made available 
     under title I of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5301 et seq.).
       ``(C) Non-federal share.--Notwithstanding any other 
     provision of law, in the case of a project described in 
     clauses (i) through (x) of subparagraph (B) that is carried 
     out with funds provided under a payment made under this 
     section, the State, Tribal government, or unit of local 
     government shall not be required to provide a non-Federal 
     share.
       ``(D) Limitation; application of requirements.--
       ``(i) 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 (xiv) 
     through (xviii) of subparagraph (B).
       ``(ii) Application of requirements to cdbg broadband 
     projects.--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 for a project described in clause (xx) of subparagraph 
     (B) that relates to broadband infrastructure.
       ``(E) Availability.--Funds provided under a payment made 
     under this section to a State, Tribal government, or unit of 
     local government shall remain available for obligation for a 
     use described in subparagraph (A) through December 31, 2024, 
     except that no

[[Page S5768]]

     amount of such funds may be expended after September 30, 
     2028.'';
       (2) in section 602--
       (A) in subsection (a)(1), by inserting ``(except as 
     provided in subsection (c)(4))'' after ``December 31, 2024''; 
     and
       (B) in subsection (c)--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``paragraph (3)'' and inserting ``paragraphs 
     (3) and (4)''; and
       (ii) by adding at the end the following new paragraph:
       ``(4) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--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 a project described in subparagraph (B), 
     including--
       ``(i) in the case of a project described in clause (xi), 
     (xii), or (xiii) of that subparagraph, to satisfy a non-
     Federal share requirement applicable to such a project; and
       ``(ii) in the case of a project described in clause (xiii) 
     of that subparagraph, to repay a loan provided under the 
     program described in that clause.
       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project eligible under section 133 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 148 of title 23, 
     United States Code.
       ``(iv) A project eligible under section 167 of title 23, 
     United States Code.
       ``(v) A project eligible under section 149 of title 23, 
     United States Code.
       ``(vi) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 202 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 203 of title 23, 
     United States Code.
       ``(ix) A project eligible under section 204 of title 23, 
     United States Code.
       ``(x) A project eligible under section 165 of title 23, 
     United States Code.
       ``(xi) A project that receives a grant under section 117 of 
     title 23, United States Code.
       ``(xii) A project that receives a grant under the program 
     for national infrastructure investments (commonly known as 
     the `Rebuilding American Infrastructure with Sustainability 
     and Equity (RAISE) grant program').
       ``(xiii) A project that receives credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xiv) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xv) A project that receives a grant under section 5337 
     of title 49, United States Code.
       ``(xvi) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xvii) A project that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xviii) A project that receives a grant under section 
     5311 of title 49, United States Code.
       ``(xix) A project that receives a grant under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.).
       ``(C) Non-federal share.--Notwithstanding any other 
     provision of law, in the case of a project described in 
     clauses (i) through (x) of subparagraph (B) that is carried 
     out with funds provided under a payment made under this 
     section, the State, territory, or Tribal government shall not 
     be required to provide a non-Federal share.
       ``(D) Limitation; application of requirements.--
       ``(i) 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 (xiv) 
     through (xviii) of subparagraph (B).
       ``(ii) Application of requirements to cdbg broadband 
     projects.--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 for a project described in clause (xx) of subparagraph 
     (B) that relates to broadband infrastructure.
       ``(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, 2028.''; and
       (3) in subsection 603--
       (A) in subsection (a), by inserting ``(except as provided 
     in subsection (c)(5))'' after ``December 31, 2024''; and
       (B) in subsection (c)--
       (i) in paragraph (1), in the matter preceding subparagraph 
     (A), by striking ``paragraphs (3) and (4)'' and inserting 
     ``paragraphs (3), (4), and (5)''; and
       (ii) by adding at the end the following new paragraph:
       ``(5) Authority to use funds for certain infrastructure 
     projects.--
       ``(A) In general.--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 a project 
     described in subparagraph (B), including--
       ``(i) in the case of a project described in clause (xi), 
     (xii), or (xiii) of that subparagraph, to satisfy a non-
     Federal share requirement applicable to such a project; and
       ``(ii) in the case of a project described in clause (xiii) 
     of that subparagraph, to repay a loan provided under the 
     program described in that clause.
       ``(B) Projects described.--A project referred to in 
     subparagraph (A) is any of the following:
       ``(i) A project eligible under section 133 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 148 of title 23, 
     United States Code.
       ``(iv) A project eligible under section 167 of title 23, 
     United States Code.
       ``(v) A project eligible under section 149 of title 23, 
     United States Code.
       ``(vi) An activity to carry out section 134 of title 23, 
     United States Code.
       ``(vii) A project eligible under section 202 of title 23, 
     United States Code.
       ``(viii) A project eligible under section 203 of title 23, 
     United States Code.
       ``(ix) A project eligible under section 204 of title 23, 
     United States Code.
       ``(x) A project eligible under section 165 of title 23, 
     United States Code.
       ``(xi) A project that receives a grant under section 117 of 
     title 23, United States Code.
       ``(xii) A project that receives a grant under the program 
     for national infrastructure investments (commonly known as 
     the `Rebuilding American Infrastructure with Sustainability 
     and Equity (RAISE) grant program').
       ``(xiii) A project that receives credit assistance under 
     the TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xiv) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xv) A project that receives a grant under section 5337 
     of title 49, United States Code.
       ``(xvi) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xvii) A project that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xviii) A project that receives a grant under section 
     5311 of title 49, United States Code.
       ``(xix) A project that receives a grant under title I of 
     the Housing and Community Development Act of 1974 (42 U.S.C. 
     5301 et seq.).
       ``(C) Non-federal share.--Notwithstanding any other 
     provision of law, in the case of a project described in 
     clauses (i) through (x) of subparagraph (B) that is carried 
     out with funds provided under a payment made under this 
     section, the metropolitan city, nonentitlement unit of local 
     government, or county shall not be required to provide a non-
     Federal share.
       ``(D) Limitation; application of requirements.--
       ``(i) 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 (xiv) 
     through (xviii) of subparagraph (B).
       ``(ii) Application of requirements to cdbg broadband 
     projects.--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 for a project described in clause (xx) of subparagraph 
     (B) that relates to broadband infrastructure.
       ``(E) 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, 2028.''.
       (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) Effective Date.--The amendments made by this section 
     shall take effect as if included in--
       (1) in the case of the amendments made by subsection 
     (a)(1), the enactment of the CARES Act (Public Law 116-136); 
     and
       (2) in the case of the amendments made by paragraphs (2) 
     and (3) of subsection (a) and subsection (b), the enactment 
     of the American Rescue Plan Act of 2021 (Public Law 117-2).
                                 ______