[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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