[Congressional Record Volume 167, Number 183 (Tuesday, October 19, 2021)]
[Senate]
[Pages S7079-S7082]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
AMENDING TITLE VI OF THE SOCIAL SECURITY ACT
Mr. SCHUMER. Madam President, I ask unanimous consent that the Senate
proceed to the immediate consideration of S. 3011, which was introduced
earlier today.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 3011) to amend title VI of the Social Security
Act to allow States and local governments to use coronavirus
relief funds provided under the American Rescue Plan Act for
infrastructure projects, improve the Local Assistance and
Tribal Consistency Fund, provide Tribal governments with more
time to use Coronavirus Relief Fund payments, and for other
purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. SCHUMER. Madam President, I ask unanimous consent that the bill
be considered read a third time and passed, and that the motion to
reconsider be considered made and laid upon the table with no
intervening action or debate.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill (S. 3011) was ordered to be engrossed for a third reading,
was read the third time, and passed as follows:
S. 3011
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State, Local, Tribal, and
Territorial Fiscal Recovery, Infrastructure, and Disaster
Relief Flexibility Act''.
SEC. 2. 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.), as amended by section 40909 of the
Infrastructure Investment and Jobs Act, is amended--
(1) in section 602--
(A) in subsection (a)(1), by inserting ``(except as
provided in subsection (c)(5))'' after ``December 31, 2024'';
and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``paragraph (3)'' and inserting ``paragraphs (3), (4), and
(5)'';
(II) by amending subparagraph (C) to read as follows:
``(C) for the provision of government services up to an
amount equal to the greater of--
``(i) the amount of the reduction in revenue of such State,
territory, or Tribal government due to the COVID-19 public
health emergency relative to revenues collected in the most
recent full fiscal year of the State, territory, or Tribal
government prior to the emergency; or
``(ii) $10,000,000;'';
(III) in subparagraph (D), by striking the period at the
end and inserting ``; or''; and
(IV) by adding at the end the following new subparagraph:
``(E) to provide emergency relief from natural disasters or
the negative economic impacts of natural disasters, including
temporary emergency housing, food assistance, financial
assistance for lost wages, or other immediate needs.''; 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 (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, to the
extent consistent with guidance or rules issued by the
Secretary or the head of a Federal agency to which the
Secretary has delegated authority pursuant to subparagraph
(C)(iv)--
``(i) in the case of a project eligible 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 eligible for 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 eligible 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.
[[Page S7080]]
``(viii) A project eligible under section 151(f) 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.
``(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 eligible under the program for national
infrastructure investments (commonly known as the `Rebuilding
American Infrastructure with Sustainability and Equity
(RAISE) grant program').
``(xviii) A project eligible for 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 eligible under section 5307 of title 49,
United States Code.
``(xxi) A project eligible under section 5309 of title 49,
United States Code.
``(xxii) A project eligible under section 5311 of title 49,
United States Code.
``(xxiii) A project eligible under section 5337 of title
49, United States Code.
``(xxiv) A project eligible under section 5339 of title 49,
United States Code.
``(xxv) A project eligible under section 6703 of title 49,
United States Code, as added by the Infrastructure Investment
and Jobs Act.
``(xxvi) A project eligible 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
determined by the Secretary or the head of a Federal agency
to which the Secretary has delegated authority pursuant to
clause (iv) or 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.
``(v) Supplement, not supplant.--Amounts from a payment
made under this section that are used by a State, territory,
or Tribal government for uses described in subparagraph (A)
shall supplement, and not supplant, other Federal, State,
territorial, Tribal, and local government funds (as
applicable) otherwise available for such uses.
``(D) Reports.--The Secretary, in consultation with the
Secretary of Transportation, shall provide periodic reports
on the use of funds by States, territories, and Tribal
governments under subparagraph (A).
``(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, 2026.''; and
(2) in subsection 603--
(A) in subsection (a), by inserting ``(except as provided
in subsection (c)(6))'' after ``December 31, 2024''; and
(B) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``paragraphs (3) and (4)'' and inserting ``paragraphs (3),
(4), (5), and (6)'';
(II) by amending subparagraph (C) to read as follows:
``(C) for the provision of government services up to an
amount equal to the greater of--
``(i) the amount of the reduction in revenue of such
metropolitan city, nonentitlement unit of local government,
or county due to the COVID-19 public health emergency
relative to revenues collected in the most recent full fiscal
year of the metropolitan city, nonentitlement unit of local
government, or county to the emergency; or
``(ii) $10,000,000;'';
(III) in subparagraph (D), by striking the period at the
end and inserting ``; or''; and
(IV) by adding at the end the following new subparagraph:
``(E) to provide emergency relief from natural disasters or
the negative economic impacts of natural disasters, including
temporary emergency housing, food assistance, financial
assistance for lost wages, or other immediate needs.''; and
(ii) by adding at the end the following new paragraph:
``(6) 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)(5), including, to the extent consistent
with guidance or rules issued by the Secretary or the head of
a Federal agency to which the Secretary has delegated
authority pursuant to subparagraph (B)(iv)--
``(i) in the case of a project eligible 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 eligible for 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)(5)(B).
``(iii) Application of requirements.--Except as otherwise
determined by the Secretary or the head of a Federal agency
to which the Secretary has delegated authority pursuant to
clause (iv) or 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)(5)(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)(5)(B).
``(iv) Oversight.--The Secretary may delegate oversight and
administration of the requirements described in clause (iii)
to the appropriate Federal agency.
``(v) Supplement, not supplant.--Amounts from a payment
made under this section that are used by a metropolitan city,
nonentitlement unit of local government, or county for uses
described in subparagraph (A) shall supplement, and not
supplant, other Federal, State, territorial, Tribal, and
local government funds (as applicable) otherwise available
for such uses.
[[Page S7081]]
``(C) Reports.--The Secretary, in consultation with the
Secretary of Transportation, shall provide periodic reports
on the use of funds by metropolitan cities, nonentitlement
units of local government, or counties under subparagraph
(A).
``(D) 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 the
amendments made by this section, including updating reporting
requirements on the use of funds under 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)).
SEC. 3. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND.
Section 605 of the Social Security Act (42 U.S.C. 805) is
amended to read as follows:
``SEC. 605. LOCAL ASSISTANCE AND TRIBAL CONSISTENCY FUND.
``(a) Appropriation.--In addition to amounts otherwise
available, there is appropriated for fiscal year 2021, out of
any money in the Treasury not otherwise appropriated,
$2,000,000,000 to remain available until September 30, 2023,
with amounts to be obligated for each of fiscal years 2022
and 2023 in accordance with subsection (b), for making
payments under this section to eligible revenue sharing
recipients, eligible Tribal governments, and territories.
``(b) Authority to Make Payments.--
``(1) Allocations and payments to eligible revenue sharing
recipients.--
``(A) Allocations to revenue sharing counties.--For each of
fiscal years 2022 and 2023, the Secretary shall reserve
$742,500,000 of the total amount appropriated under
subsection (a) to allocate to each revenue sharing county
and, except as provided in subparagraph (B), pay to each
revenue sharing county that is an eligible revenue sharing
county amounts that are determined by the Secretary taking
into account the amount of entitlement land in each revenue
sharing county and the economic conditions of each revenue
sharing county, using such measurements of poverty, household
income, and unemployment over the most recent 20-year period
as of September 30, 2021, to the extent data are available,
as well as other economic indicators the Secretary determines
appropriate.
``(B) Special allocation rules.--
``(i) Revenue sharing counties with limited government
functions.--In the case of an amount allocated to a revenue
sharing county under subparagraph (A) that is a county with
limited government functions, the Secretary shall allocate
and pay such amount to each eligible revenue sharing local
government within such county with limited government
functions in an amount determined by the Secretary taking
into account the amount of entitlement land in each eligible
revenue sharing local government and the population of such
eligible revenue sharing local government relative to the
total population of such county with limited government
functions.
``(ii) Eligible revenue sharing county in alaska.--In the
case of the eligible revenue sharing county described in
subparagraph (f)(3)(C), the Secretary shall pay the amount
allocated to such eligible revenue sharing county to the
State of Alaska. The State of Alaska shall distribute such
payment to home rule cities and general law cities (as such
cities are defined by the State) located within the
boundaries of the eligible revenue sharing county for which
the payment was received.
``(C) Pro rata adjustment authority.--The amounts otherwise
determined for allocation and payment under subparagraphs (A)
and (B) may be adjusted by the Secretary on a pro rata basis
to the extent necessary to ensure that all available funds
are allocated and paid to eligible revenue sharing recipients
in accordance with the requirements specified in each such
subparagraph.
``(2) Allocations and payments to eligible tribal
governments.--For each of fiscal years 2022 and 2023, the
Secretary shall reserve $250,000,000 of the total amount
appropriated under subsection (a) to allocate and pay to
eligible Tribal governments in amounts that are determined by
the Secretary taking into account economic conditions of each
eligible Tribe.
``(3) Allocations and payments to territories.--For each of
fiscal years 2022 and 2023, the Secretary shall reserve
$7,500,000 of the total amount appropriated under subsection
(a) to allocate and pay to each territory an amount which
bears the same proportion to the amount reserved in this
paragraph as the population of such territory bears to the
total population of all such territories.
``(c) Use of Payments.--An eligible revenue sharing
recipient, an eligible Tribal government, or a territory may
use funds provided under a payment made under this section
for any governmental purpose other than a lobbying activity.
``(d) Reporting Requirement.--Any eligible revenue sharing
recipient and any territory receiving a payment under this
section shall provide to the Secretary periodic reports
providing a detailed accounting of the uses of fund by such
eligible revenue sharing recipient or territory, as
applicable, and such other information as the Secretary may
require for the administration of this section.
``(e) Recoupment.--Any eligible revenue sharing recipient
or any territory that has failed to submit a report required
under subsection (d) or failed to comply with subsection (c),
shall be required to repay to the Secretary an amount equal
to--
``(1) in the case of a failure to comply with subsection
(c), the amount of funds used in violation of such
subsection; and
``(2) in the case of a failure to submit a report required
under subsection (d), such amount as the Secretary determines
appropriate, but not to exceed 5 percent of the amount paid
to the eligible revenue sharing recipient or the territory
under this section for all fiscal years.
``(f) Definitions.--In this section:
``(1) County.--The term `county' means a county, parish, or
other equivalent county division (as defined by the Bureau of
the Census) in 1 of the 50 States.
``(2) County with limited government functions.--The term
`county with limited government functions' means a county in
which entitlement land is located that is not an eligible
revenue sharing county.
``(3) Eligible revenue sharing county.--The term `eligible
revenue sharing county' means--
``(A) a unit of general local government (as defined in
section 6901(2) of title 31, United States Code) that is a
county in which entitlement land is located and which is
eligible for a payment under section 6902(a) of title 31,
United States Code;
``(B) the District of Columbia; or
``(C) the combined area in Alaska that is within the
boundaries of a census area used by the Secretary of Commerce
in the decennial census, but that is not included within the
boundary of a unit of general local government described in
subparagraph (A).
``(4) Eligible revenue sharing local government.--The term
`eligible revenue sharing local government' means a unit of
general local government (as defined in section 6901(2) of
title 31, United States Code) in which entitlement land is
located that is not a county or territory and which is
eligible for a payment under section 6902(a) of title 31,
United States Code.
``(5) Eligible revenue sharing recipients.--The term
`eligible revenue sharing recipients' means, collectively,
eligible revenue sharing counties and eligible revenue
sharing local governments.
``(6) Eligible tribal government.--The term `eligible
Tribal government' means the recognized governing body of an
eligible Tribe.
``(7) Eligible tribe.--The term `eligible Tribe' means any
Indian or Alaska Native tribe, band, nation, pueblo, village,
community, component band, or component reservation,
individually identified (including parenthetically) in the
list published most recently as of March 11, 2021, pursuant
to section 104 of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131).
``(8) Entitlement land.--The term `entitlement land' has
the meaning given to such term in section 6901(1) of title
31, United States Code.
``(9) Revenue sharing county.--The term `revenue sharing
county' means--
``(A) an eligible revenue sharing county; or
``(B) a county with limited government functions.
``(10) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
[[Page S7082]]
``(11) Territory.--The term `territory' means--
``(A) the Commonwealth of Puerto Rico;
``(B) the United States Virgin Islands;
``(C) Guam;
``(D) the Commonwealth of the Northern Mariana Islands; or
``(E) American Samoa.''.
SEC. 4. EXTENSION OF AVAILABILITY OF CORONAVIRUS RELIEF FUND
PAYMENTS TO TRIBAL GOVERNMENTS.
Section 601(d)(3) of the Social Security Act (42 U.S.C.
801(d)(3)) is amended by inserting ``(or, in the case of
costs incurred by a Tribal government, during the period that
begins on March 1, 2020, and ends on December 31, 2022)''
before the period.
SEC. 5. RESCISSION OF CORONAVIRUS RELIEF AND RECOVERY FUNDS
DECLINED BY STATES, TERRITORIES, OR OTHER
GOVERNMENTAL ENTITIES.
Title VI of the Social Security Act (42 U.S.C. 801 et seq.)
is amended by adding at the end the following new section:
``SEC. 606. RESCISSION OF FUNDS DECLINED BY STATES,
TERRITORIES, OR OTHER GOVERNMENTAL ENTITIES.
``(a) Rescission.--
``(1) In general.--Subject to paragraphs (2) and (3), if a
State, territory, or other governmental entity provides
notice to the Secretary of the Treasury in the manner
provided by the Secretary of the Treasury that the State,
territory, or other governmental entity intends to decline
all or a portion of the amounts that are to be awarded to the
State, territory, or other governmental entity from funds
appropriated under this title, an amount equal to the
unaccepted amounts or portion of such amounts allocated by
the Secretary of the Treasury as of the date of such notice
that would have been awarded to the State, territory, or
other governmental entity shall be rescinded from the
applicable appropriation account.
``(2) Exclusion.--Paragraph (1) shall not apply with
respect to funds that are to be paid to a State under section
603 for distribution to nonentitlement units of local
government.
``(3) Rules of construction.--Paragraph (1) shall not be
construed as--
``(A) preventing a sub-State governmental entity, including
a nonentitlement unit of local government, from notifying the
Secretary of the Treasury that the sub-State governmental
entity intends to decline all or a portion of the amounts
that a State may distribute to the entity from funds
appropriated under this title; or
``(B) allowing a State to prohibit or otherwise prevent a
sub-State governmental entity from providing such a notice.
``(b) Use for Deficit Reduction.--Amounts rescinded under
subsection (a) shall be deposited in the general fund of the
Treasury for the sole purpose of deficit reduction.
``(c) State or Other Governmental Entity Defined.--In this
section, the term `State, territory, or other governmental
entity' means any entity to which a payment may be made
directly to the entity under this title other than a Tribal
government, as defined in sections 601(g), 602(g), and
604(d), and an eligible Tribal government, as defined in
section 605(f).''.
____________________