S.Amdt. 2409

SA 2409. Mr. CORNYN (for himself, Mr. Padilla, Ms. Baldwin, Mrs.
Murray, Mr. Kelly, Ms. Lummis, Mr. Wicker, Ms. Hassan, Ms. Cortez
Masto, Mr. Lujan, and Ms. Cantwell) 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 601(d)--
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively, and adjusting
the margins accordingly;
(B) by striking ``A State, Tribal government, and unit of
local government'' and inserting the following:
``(1) In general.--A State, Tribal government, and unit of
local government''; and
(C) by adding at the end the following new paragraph:
``(2) Authority to use funds for certain infrastructure
projects.--
``(A) In general.--Notwithstanding any other provision of
law, a State, Tribal government, or unit of local government
may use funds provided under a payment made under this
section for a project described in subparagraph (B),
including--
``(i) in the case of a project described in clause (xi),
(xii), or (xiii) of that subparagraph, to satisfy a non-
Federal share requirement applicable to such a project; and
``(ii) in the case of a project described in clause (xiii)
of that subparagraph, to repay a loan provided under the
program described in that clause.
``(B) Projects described.--A project referred to in
subparagraph (A) is any of the following:
``(i) A project eligible under section 133 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 148 of title 23,
United States Code.
``(iv) A project eligible under section 167 of title 23,
United States Code.
``(v) A project eligible under section 149 of title 23,
United States Code.
``(vi) An activity to carry out section 134 of title 23,
United States Code.
``(vii) A project eligible under section 202 of title 23,
United States Code.
``(viii) A project eligible under section 203 of title 23,
United States Code.
``(ix) A project eligible under section 204 of title 23,
United States Code.
``(x) A project eligible under section 165 of title 23,
United States Code.
``(xi) A project that receives a grant under section 117 of
title 23, United States Code.
``(xii) 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').
``(xiii) A project that receives credit assistance under
the TIFIA program under chapter 6 of title 23, United States
Code.
``(xiv) A project that receives a grant under section 5309
of title 49, United States Code.
``(xv) A project that receives a grant under section 5337
of title 49, United States Code.
``(xvi) A project that receives a grant under section 5339
of title 49, United States Code.
``(xvii) A project that receives a grant under section 5307
of title 49, United States Code.
``(xviii) A project that receives a grant under section
5311 of title 49, United States Code.
``(xix) A project that receives a grant under section 6703
of title 49, United States Code, as added by section 21203 of
the Infrastructure Investment and Jobs Act.
``(xx) A project carried out using funds made available
under title I of the Housing and Community Development Act of
1974 (42 U.S.C. 5301 et seq.).
``(C) Non-federal share.--Notwithstanding any other
provision of law, in the case of a project described in
clauses (i) through (x) of subparagraph (B) that is carried
out with funds provided under a payment made under this
section, the State, Tribal government, or unit of local
government shall not be required to provide a non-Federal
share.
``(D) Limitation; application of requirements.--
``(i) 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 (xiv)
through (xviii) of subparagraph (B).
``(ii) Application of requirements to cdbg broadband
projects.--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 for a project described in clause (xx) of subparagraph
(B) that relates to broadband infrastructure.
``(E) Availability.--Funds provided under a payment made
under this section to a State, Tribal government, or unit of
local government shall remain available for obligation for a
use described in subparagraph (A) through December 31, 2024,
except that no

[[Page S5768]]

amount of such funds may be expended after September 30,
2028.'';
(2) 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.--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 a project described in subparagraph (B),
including--
``(i) in the case of a project described in clause (xi),
(xii), or (xiii) of that subparagraph, to satisfy a non-
Federal share requirement applicable to such a project; and
``(ii) in the case of a project described in clause (xiii)
of that subparagraph, to repay a loan provided under the
program described in that clause.
``(B) Projects described.--A project referred to in
subparagraph (A) is any of the following:
``(i) A project eligible under section 133 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 148 of title 23,
United States Code.
``(iv) A project eligible under section 167 of title 23,
United States Code.
``(v) A project eligible under section 149 of title 23,
United States Code.
``(vi) An activity to carry out section 134 of title 23,
United States Code.
``(vii) A project eligible under section 202 of title 23,
United States Code.
``(viii) A project eligible under section 203 of title 23,
United States Code.
``(ix) A project eligible under section 204 of title 23,
United States Code.
``(x) A project eligible under section 165 of title 23,
United States Code.
``(xi) A project that receives a grant under section 117 of
title 23, United States Code.
``(xii) 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').
``(xiii) A project that receives credit assistance under
the TIFIA program under chapter 6 of title 23, United States
Code.
``(xiv) A project that receives a grant under section 5309
of title 49, United States Code.
``(xv) A project that receives a grant under section 5337
of title 49, United States Code.
``(xvi) A project that receives a grant under section 5339
of title 49, United States Code.
``(xvii) A project that receives a grant under section 5307
of title 49, United States Code.
``(xviii) A project that receives a grant under section
5311 of title 49, United States Code.
``(xix) 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.).
``(C) Non-federal share.--Notwithstanding any other
provision of law, in the case of a project described in
clauses (i) through (x) of subparagraph (B) that is carried
out with funds provided under a payment made under this
section, the State, territory, or Tribal government shall not
be required to provide a non-Federal share.
``(D) Limitation; application of requirements.--
``(i) 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 (xiv)
through (xviii) of subparagraph (B).
``(ii) Application of requirements to cdbg broadband
projects.--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 for a project described in clause (xx) of subparagraph
(B) that relates to broadband infrastructure.
``(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, 2028.''; and
(3) 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.--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 a project
described in subparagraph (B), including--
``(i) in the case of a project described in clause (xi),
(xii), or (xiii) of that subparagraph, to satisfy a non-
Federal share requirement applicable to such a project; and
``(ii) in the case of a project described in clause (xiii)
of that subparagraph, to repay a loan provided under the
program described in that clause.
``(B) Projects described.--A project referred to in
subparagraph (A) is any of the following:
``(i) A project eligible under section 133 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 148 of title 23,
United States Code.
``(iv) A project eligible under section 167 of title 23,
United States Code.
``(v) A project eligible under section 149 of title 23,
United States Code.
``(vi) An activity to carry out section 134 of title 23,
United States Code.
``(vii) A project eligible under section 202 of title 23,
United States Code.
``(viii) A project eligible under section 203 of title 23,
United States Code.
``(ix) A project eligible under section 204 of title 23,
United States Code.
``(x) A project eligible under section 165 of title 23,
United States Code.
``(xi) A project that receives a grant under section 117 of
title 23, United States Code.
``(xii) 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').
``(xiii) A project that receives credit assistance under
the TIFIA program under chapter 6 of title 23, United States
Code.
``(xiv) A project that receives a grant under section 5309
of title 49, United States Code.
``(xv) A project that receives a grant under section 5337
of title 49, United States Code.
``(xvi) A project that receives a grant under section 5339
of title 49, United States Code.
``(xvii) A project that receives a grant under section 5307
of title 49, United States Code.
``(xviii) A project that receives a grant under section
5311 of title 49, United States Code.
``(xix) 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.).
``(C) Non-federal share.--Notwithstanding any other
provision of law, in the case of a project described in
clauses (i) through (x) of subparagraph (B) that is carried
out with funds provided under a payment made under this
section, the metropolitan city, nonentitlement unit of local
government, or county shall not be required to provide a non-
Federal share.
``(D) Limitation; application of requirements.--
``(i) 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 (xiv)
through (xviii) of subparagraph (B).
``(ii) Application of requirements to cdbg broadband
projects.--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 for a project described in clause (xx) of subparagraph
(B) that relates to broadband infrastructure.
``(E) 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, 2028.''.
(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) Effective Date.--The amendments made by this section
shall take effect as if included in--
(1) in the case of the amendments made by subsection
(a)(1), the enactment of the CARES Act (Public Law 116-136);
and
(2) in the case of the amendments made by paragraphs (2)
and (3) of subsection (a) and subsection (b), the enactment
of the American Rescue Plan Act of 2021 (Public Law 117-2).
______