[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9681-S9684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6588. Mr. PADILLA (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed by him to the bill H.R. 2617, to
amend section 1115 of title 31, United States Code, to amend the
description of how performance goals are achieved, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place add the following:
DIVISION--STATE, LOCAL, TRIBAL, AND TERRITORIAL FISCAL RECOVERY,
INFRASTRUCTURE, AND DISASTER RELIEF FLEXIBILITY
SEC. 101. SHORT TITLE.
This division may be cited as the ``State, Local, Tribal,
and Territorial Fiscal Recovery, Infrastructure, and Disaster
Relief Flexibility Act''.
SEC. 102. 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
[[Page S9682]]
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.
``(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--
[[Page S9683]]
``(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.
``(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) Reduction of funds available for administrative
expenses.--Title IV of division A of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) is
amended--
(A) in section 4003(f), by striking ``$100,000,000'' and
inserting ``61,000,000''; and
(B) in section 4112(b), by striking ``$100,000,000'' and
inserting ``$67,000,000''.
(2) Authority.--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 (3) shall be available
to the Secretary (in addition to any other appropriations
provided for such purpose) for the purpose described in
paragraph (4) (subject to the limitation in such paragraph)
and for administrative expenses of the Department of the
Treasury, except for the Internal Revenue Service, 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.).
(3) Provisions specified.--The provisions specified in this
paragraph are the following:
(A) Amounts made available under section 4027(a) of the
Coronavirus Aid, Relief, and Economic Security Act (15 U.S.C.
9061(a)) to pay costs and administrative expenses under
section 4003(f) of such Act (15 U.S.C. 9042(f))) and amounts
made available by section 4120(a) of the Coronavirus Aid,
Relief, and Economic Security Act (15 U.S.C. 9080) to pay
costs and administrative expenses under section 4112(b) of
such Act (15 U.S.C. 9072(b)) (after application of the
amendments made by paragraph (1) of this subsection).
(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)).
(4) Payments to eligible revenue sharing consolidated
governments.--Of amounts made available under paragraph (2),
up to $10,600,000 shall be available to the Secretary (in
addition to any other appropriations provided for such
purpose) for making payments to eligible revenue sharing
consolidated governments under subsection (g) of section 605
of the Social Security Act (42 U.S.C. 805), as added by
section 103 of this Act.
SEC. 103. ALLOWING PAYMENTS TO ELIGIBLE REVENUE SHARING
CONSOLIDATED GOVERNMENTS FROM LOCAL ASSISTANCE
AND TRIBAL CONSISTENCY FUND.
(a) In General.--Section 605 of the Social Security Act (42
U.S.C. 805) is amended by adding at the end the following new
subsection:
``(g) Payments to Eligible Revenue Sharing Consolidated
Governments.--
``(1) Payments to eligible revenue sharing consolidated
governments for fiscal years 2023 and 2024.--The Secretary
shall allocate and pay to each eligible revenue sharing
consolidated government for each of fiscal years 2023 and
2024 an amount equal to the amount that the Secretary would
have allocated to such eligible revenue sharing consolidated
government for fiscal year 2022 if all eligible revenue
sharing consolidated governments had been treated as eligible
revenue sharing counties for purposes of being eligible for
payments under subsection (b)(1) for such fiscal year using
the allocation methodology adopted by the Department of the
Treasury for such eligible revenue sharing counties as of the
date of enactment of this subsection.
``(2) Funding for payments.--
``(A) In general.--The Secretary shall make the allocations
and payments described in paragraph (1) from the amounts
described in subparagraph (B), which shall be available to
the Secretary for such purpose notwithstanding any other
provision of law.
``(B) Amounts described.--The amounts described in this
subparagraph are the following:
``(i) Any amount allocated to an eligible revenue sharing
county under subsection (b)(1) for fiscal year 2022 or 2023
that, as of January 31, 2023, has not been requested by such
county.
``(ii) Amounts made available to the Secretary under
section 102(d)(4) of the State, Local, Tribal, and
Territorial Fiscal Recovery, Infrastructure, and Disaster
Relief Flexibility Act.''.
(b) Conforming Amendments.--Section 605 of the Social
Security Act (42 U.S.C. 805), as amended by subsection (a),
is further amended--
(1) in subsection (a), by inserting ``, subject to
subsection (g),'' after ``obligated'';
(2) in subsection (c), by striking ``or an eligible Tribal
government'' and inserting ``, an eligible Tribal government,
or an eligible revenue sharing consolidated government'';
(3) in subsections (d) and (e), by inserting ``or eligible
revenue sharing consolidated government'' after ``eligible
revenue sharing county'' each place it appears; and
(4) in subsection (f)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively; and
(B) by inserting before paragraph (2) (as so redesignated)
the following new paragraph:
``(1) Eligible revenue sharing consolidated government.--
The term `eligible revenue sharing consolidated government'
means a county, parish, or borough--
``(A) that has been classified by the Bureau of the Census
as an active government consolidated with another government;
and
``(B) for which, as determined by the Secretary, there is a
negative revenue impact due to implementation of a Federal
program or changes to such program.''.
SEC. 104. 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. 105. 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
[[Page S9684]]
``(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).''.
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