[Congressional Record Volume 167, Number 140 (Thursday, August 5, 2021)]
[Senate]
[Pages S5976-S5978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2602. Mr. CORNYN (for himself, Mr. Padilla, Mr. Lujan, Ms. Hassan,
Ms. Baldwin, Mr. Wicker, Mr. Kelly, Ms. Cortez Masto, Ms. Lummis, Mrs.
Murray, Mr. Tillis, Mr. Casey, Ms. Cantwell, Mr. Kennedy, and Mr.
Young) 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, 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 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.
``(xi) A project eligible under section 173 of title 23,
United States Code, as added by the Infrastructure Investment
and Jobs Act.
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``(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.--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
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.
``(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, 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 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.--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.--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 section 602(c)(4)(B).
``(iii) 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 that are used for projects described in section
602(c)(4)(B).
``(iv) Oversight.--The Secretary may delegate oversight and
administration of the requirements described in clause (iii)
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)).
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