[Congressional Record Volume 167, Number 140 (Thursday, August 5, 2021)]
[Senate]
[Pages S5962-S5964]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2575. Mr. CORNYN (for himself and Mr. Padilla) 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 may use funds provided under such payment for 
     projects described in subparagraph (B), including--
       ``(i) in the case of a project receiving a grant under 
     section 117 of title 23, United States Code, section 5309 or 
     6701 of title 49, United States Code, or section 3005(b) of 
     the FAST Act (49 U.S.C. 5309 note; Public Law 114-94), to 
     satisfy a non-Federal share requirement applicable to such a 
     project; and
       ``(ii) in the case of a project receiving 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 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 151 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.

[[Page S5963]]

       ``(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 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').
       ``(xviii) A project that receives 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 that receives a grant under section 5307 
     of title 49, United States Code.
       ``(xxi) A project that receives a grant under section 5309 
     of title 49, United States Code.
       ``(xxii) A project that receives a grant under section 5311 
     of title 49, United States Code.
       ``(xxiii) A project that receives a grant under section 
     5337 of title 49, United States Code.
       ``(xxiv) A project that receives a grant under section 5339 
     of title 49, United States Code.
       ``(xxv) A project that receives a grant under section 6703 
     of title 49, United States Code, as added by the 
     Infrastructure Investment and Jobs Act.
       ``(xxvi) 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.).
       ``(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.--Subject to clause (ii), 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) [25] 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)(D), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(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 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 shall not be used for 
     operating expenses of a project described in clauses (xx) 
     through (xxiv) 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 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 clause (i) of subparagraph (B) 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.
       ``(v) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iv) 
     to the appropriate Federal agency.
       ``(D) 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)(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 receiving a grant under 
     section 117 of title 23, United States Code, section 5309 or 
     6701 of title 49, United States Code, or section 3005(b) of 
     the FAST Act (49 U.S.C. 5309 note; Public Law 114-94), to 
     satisfy a non-Federal share requirement applicable to such a 
     project; and
       ``(ii) in the case of a project receiving 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.--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 the greater of--

       ``(aa) [$10,000,000]; and
       ``(bb) [25 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)(D), and any such use of funds shall be 
     disregarded for purposes of applying such spending 
     limitation.

       ``(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 (xx) 
     through (xxiv) 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 pursuant to subparagraph (A) for a project described in 
     clause (xxvi) 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

[[Page S5964]]

     that are used for projects described in section 602(c)(4)(B).

       ``(v) Oversight.--The Secretary may delegate oversight and 
     administration of the requirements described in clause (iv) 
     to the appropriate Federal agency.
       ``(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) 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 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) 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)).
                                 ______