[Congressional Record Volume 167, Number 139 (Wednesday, August 4, 2021)]
[Senate]
[Pages S5869-S5871]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2543. Mr. CORNYN (for himself, Mr. Padilla, Ms. Baldwin, Mr. 
Casey, Mr. Tillis, Ms. Cortez Masto, Ms. Cantwell, Mr. Kennedy, Ms. 
Lummis, Mr. Wicker, Mrs. Murray, and Mr. Kelly) 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 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.--Subject to subparagraph (C), 
     notwithstanding any other provision of law, a State, 
     territory, or Tribal government receiving a payment under 
     this section or a transfer pursuant to section 603(c)(4) may 
     use funds provided under such payment or transfer for 
     projects described in subparagraph (B), including--
       ``(i) in the case of a project described in clause (i), 
     (xiv), (xv), or (xviii) 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 (xv) of 
     that subparagraph, to repay a

[[Page S5870]]

     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 that receives a grant 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 165 of title 23, 
     United States Code.
       ``(ix) A project eligible under section 167 of title 23, 
     United States Code.
       ``(x) A project eligible under section 173 of title 23, 
     United States Code, as added by the Infrastructure Investment 
     and Jobs Act.
       ``(xi) A project eligible under section 202 of title 23, 
     United States Code.
       ``(xii) A project eligible under section 203 of title 23, 
     United States Code.
       ``(xiii) A project eligible under section 204 of title 23, 
     United States Code.
       ``(xiv) 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').
       ``(xv) A project that receives credit assistance under the 
     TIFIA program under chapter 6 of title 23, United States 
     Code.
       ``(xvi) 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.
       ``(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 
     5309 of title 49, United States Code.
       ``(xix) A project that receives a grant under section 5311 
     of title 49, United States Code.
       ``(xx) A project that receives a grant under section 5337 
     of title 49, United States Code.
       ``(xxi) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xxii) A project that receives a grant under section 6703 
     of title 49, United States Code, as added by the 
     Infrastructure Investment and Jobs Act.
       ``(xxiii) 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.).
       ``(xxiv) 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.--Subject to clause (ii), the total amount that a 
     State, territory, or Tribal government may use from a payment 
     made under this section or a transfer pursuant to section 
     603(c)(4) for uses described in subparagraph (A) shall not 
     exceed 25 percent of such payment or transfer.
       ``(ii) Waiver of limitation.--At the request of a State, 
     territory, or Tribal government, the Secretary may allow the 
     State, territory, or Tribal government to use up to 50 
     percent of a payment made under this section or a transfer 
     pursuant to section 603(c)(4) for a use described in 
     subparagraph (A) if any of the following criteria are met (as 
     determined by the Secretary):

       ``(I) The projects involved are of significant economic 
     importance to the State, territory, or Tribal government.
       ``(II) The projects involved would enhance employment 
     opportunities for the State, territory, or Tribal government.
       ``(III) The projects involved would enhance the health and 
     safety of the public.
       ``(IV) The projects involved would enhance protections for 
     the environment.
       ``(V) The projects involved would enhance the capacity of 
     the metropolitan city, State, territory, or Tribal government 
     to respond to the COVID-19 crisis.
       ``(VI) The State, territory, or Tribal government suffered 
     a reduction in revenue (as determined under the interim final 
     rule issued by the Secretary on May 17, 2021, entitled 
     `Coronavirus State and Local Fiscal Recovery Funds' (86 Fed. 
     Reg. 26786)) of greater than 10 percent in calendar year 
     2020.

       ``(iii) Limitation on operating expenses.--Funds provided 
     under a payment made under this section or a transfer 
     pursuant to section 603(c)(4) shall not be used for operating 
     expenses of a project described in clauses (xvii) through 
     (xxi) of subparagraph (B).
       ``(iv) Application of requirements.--Except as otherwise 
     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 or 
     transferred pursuant to section 603(c)(4) that are used for a 
     project described in clause (xxiii) of subparagraph (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 or transferred pursuant to section 603(c)(4) 
     that are used for projects described in subparagraph (B).

       ``(D) Availability.--Funds provided under a payment made 
     under this section or transferred pursuant to section 
     603(c)(4) 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)(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.--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)(4), including--
       ``(i) in the case of a project described in clause (i), 
     (xiv), (xv), or (xviii) 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 (xv) of 
     that subparagraph, to repay a loan provided under the program 
     described in that clause.
       ``(B) Limitations; application of requirements.--
       ``(i) Limitation on amounts to be used for infrastructure 
     projects.--Subject to clause (ii), 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 25 
     percent of such payment.
       ``(ii) Waiver of limitation.--At the request of a 
     metropolitan city, nonentitlement unit of local government, 
     or county, the Secretary may allow the metropolitan city, 
     nonentitlement unit of local government, or county to use up 
     to 50 percent of a payment made under this section for uses 
     described in subparagraph (A) if any of the following 
     criteria are met (as determined by the Secretary):

       ``(I) The projects involved are of significant economic 
     importance to the metropolitan city, nonentitlement unit of 
     local government, or county.
       ``(II) The projects involved would enhance employment 
     opportunities for the metropolitan city, nonentitlement unit 
     of local government, or county.
       ``(III) The projects involved would enhance the health and 
     safety of the public.
       ``(IV) The projects involved would enhance protections for 
     the environment.
       ``(V) The projects involved would enhance the capacity of 
     the metropolitan city, nonentitlement unit of local 
     government, or county to respond to the COVID-19 crisis.
       ``(VI) The metropolitan city, nonentitlement unit of local 
     government, or county suffered a reduction in revenue (as 
     determined under the interim final rule issued by the 
     Secretary on May 17, 2021, entitled `Coronavirus State and 
     Local Fiscal Recovery Funds' (86 Fed. Reg. 26786)) of greater 
     than 10 percent in calendar year 2020.

       ``(iii) 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 (xvii) 
     through (xxi) of section 602(c)(4)(B).
       ``(iv) Application of requirements.--Except as otherwise 
     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 for a project described in clause (xxiii) of section 
     602(c)(4)(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)(4)(B).

       ``(C) 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) Department of the Treasury Administrative Expenses.--

[[Page S5871]]

       (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)).
                                 ______