S.Amdt. 2543

SA 2543. Mr. CORNYN (for himself, Mr. Padilla, Ms. Baldwin, Mr.
Casey, Mr. Tillis, Ms. Cortez Masto, Ms. Cantwell, Mr. Kennedy, Ms.
Lummis, Mr. Wicker, Mrs. Murray, and Mr. Kelly) submitted an amendment
intended to be proposed to amendment SA 2137 proposed by Mr. Schumer
(for Ms. Sinema (for herself, Mr. Portman, Mr. Manchin, Mr. Cassidy,
Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and
Mr. Romney)) to the bill H.R. 3684, to authorize funds for Federal-aid
highways, highway safety programs, and transit programs, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place in division I, insert the
following:

SEC. __. AUTHORITY TO USE CORONAVIRUS RELIEF FUNDS FOR
INFRASTRUCTURE PROJECTS.

(a) In General.--Title VI of the Social Security Act (42
U.S.C. 801 et seq.) is amended--
(1) in section 602--
(A) in subsection (a)(1), by inserting ``(except as
provided in subsection (c)(4))'' after ``December 31, 2024'';
and
(B) in subsection (c)--
(i) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraph (3)'' and inserting ``paragraphs
(3) and (4)''; and
(ii) by adding at the end the following new paragraph:
``(4) Authority to use funds for certain infrastructure
projects.--
``(A) In general.--Subject to subparagraph (C),
notwithstanding any other provision of law, a State,
territory, or Tribal government receiving a payment under
this section or a transfer pursuant to section 603(c)(4) may
use funds provided under such payment or transfer for
projects described in subparagraph (B), including--
``(i) in the case of a project described in clause (i),
(xiv), (xv), or (xviii) 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 (xv) of
that subparagraph, to repay a

[[Page S5870]]

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 that receives a grant under section 117 of
title 23, United States Code.
``(ii) A project eligible under section 119 of title 23,
United States Code.
``(iii) A project eligible under section 124 of title 23,
United States Code, as added by the Infrastructure Investment
and Jobs Act.
``(iv) A project eligible under section 133 of title 23,
United States Code.
``(v) An activity to carry out section 134 of title 23,
United States Code.
``(vi) A project eligible under section 148 of title 23,
United States Code.
``(vii) A project eligible under section 149 of title 23,
United States Code.
``(viii) A project eligible under section 165 of title 23,
United States Code.
``(ix) A project eligible under section 167 of title 23,
United States Code.
``(x) A project eligible under section 173 of title 23,
United States Code, as added by the Infrastructure Investment
and Jobs Act.
``(xi) A project eligible under section 202 of title 23,
United States Code.
``(xii) A project eligible under section 203 of title 23,
United States Code.
``(xiii) A project eligible under section 204 of title 23,
United States Code.
``(xiv) 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').
``(xv) A project that receives credit assistance under the
TIFIA program under chapter 6 of title 23, United States
Code.
``(xvi) 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.
``(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
5309 of title 49, United States Code.
``(xix) A project that receives a grant under section 5311
of title 49, United States Code.
``(xx) A project that receives a grant under section 5337
of title 49, United States Code.
``(xxi) A project that receives a grant under section 5339
of title 49, United States Code.
``(xxii) A project that receives a grant under section 6703
of title 49, United States Code, as added by the
Infrastructure Investment and Jobs Act.
``(xxiii) 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.).
``(xxiv) 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.--Subject to clause (ii), the total amount that a
State, territory, or Tribal government may use from a payment
made under this section or a transfer pursuant to section
603(c)(4) for uses described in subparagraph (A) shall not
exceed 25 percent of such payment or transfer.
``(ii) Waiver of limitation.--At the request of a State,
territory, or Tribal government, the Secretary may allow the
State, territory, or Tribal government to use up to 50
percent of a payment made under this section or a transfer
pursuant to section 603(c)(4) for a use described in
subparagraph (A) if any of the following criteria are met (as
determined by the Secretary):

``(I) The projects involved are of significant economic
importance to the State, territory, or Tribal government.
``(II) The projects involved would enhance employment
opportunities for the State, territory, or Tribal government.
``(III) The projects involved would enhance the health and
safety of the public.
``(IV) The projects involved would enhance protections for
the environment.
``(V) The projects involved would enhance the capacity of
the metropolitan city, State, territory, or Tribal government
to respond to the COVID-19 crisis.
``(VI) The State, territory, or Tribal government suffered
a reduction in revenue (as determined under the interim final
rule issued by the Secretary on May 17, 2021, entitled
`Coronavirus State and Local Fiscal Recovery Funds' (86 Fed.
Reg. 26786)) of greater than 10 percent in calendar year
2020.

``(iii) Limitation on operating expenses.--Funds provided
under a payment made under this section or a transfer
pursuant to section 603(c)(4) shall not be used for operating
expenses of a project described in clauses (xvii) through
(xxi) of subparagraph (B).
``(iv) Application of requirements.--Except as otherwise
provided in this section--

``(I) the requirements of section 60102 of the
Infrastructure Investment and Jobs Act shall apply to funds
provided under a payment made under this section or
transferred pursuant to section 603(c)(4) that are used for a
project described in clause (xxiii) of subparagraph (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 or transferred pursuant to section 603(c)(4)
that are used for projects described in subparagraph (B).

``(D) Availability.--Funds provided under a payment made
under this section or transferred pursuant to section
603(c)(4) to a State, territory, or Tribal government shall
remain available for obligation for a use described in
subparagraph (A) through December 31, 2024, except that no
amount of such funds may be expended after September 30,
2026.''; and
(2) in subsection 603--
(A) in subsection (a), by inserting ``(except as provided
in subsection (c)(5))'' after ``December 31, 2024''; and
(B) in subsection (c)--
(i) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``paragraphs (3) and (4)'' and inserting
``paragraphs (3), (4), and (5)''; and
(ii) by adding at the end the following new paragraph:
``(5) Authority to use funds for certain infrastructure
projects.--
``(A) In general.--Subject to subparagraph (B),
notwithstanding any other provision of law, a metropolitan
city, nonentitlement unit of local government, or county
receiving a payment under this section may use funds provided
under such payment for projects described in subparagraph (B)
of section 602(c)(4), including--
``(i) in the case of a project described in clause (i),
(xiv), (xv), or (xviii) 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 (xv) of
that subparagraph, to repay a loan provided under the program
described in that clause.
``(B) Limitations; application of requirements.--
``(i) Limitation on amounts to be used for infrastructure
projects.--Subject to clause (ii), 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 25
percent of such payment.
``(ii) Waiver of limitation.--At the request of a
metropolitan city, nonentitlement unit of local government,
or county, the Secretary may allow the metropolitan city,
nonentitlement unit of local government, or county to use up
to 50 percent of a payment made under this section for uses
described in subparagraph (A) if any of the following
criteria are met (as determined by the Secretary):

``(I) The projects involved are of significant economic
importance to the metropolitan city, nonentitlement unit of
local government, or county.
``(II) The projects involved would enhance employment
opportunities for the metropolitan city, nonentitlement unit
of local government, or county.
``(III) The projects involved would enhance the health and
safety of the public.
``(IV) The projects involved would enhance protections for
the environment.
``(V) The projects involved would enhance the capacity of
the metropolitan city, nonentitlement unit of local
government, or county to respond to the COVID-19 crisis.
``(VI) The metropolitan city, nonentitlement unit of local
government, or county suffered a reduction in revenue (as
determined under the interim final rule issued by the
Secretary on May 17, 2021, entitled `Coronavirus State and
Local Fiscal Recovery Funds' (86 Fed. Reg. 26786)) of greater
than 10 percent in calendar year 2020.

``(iii) 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 (xvii)
through (xxi) of section 602(c)(4)(B).
``(iv) Application of requirements.--Except as otherwise
provided in this section--

``(I) the requirements of section 60102 of the
Infrastructure Investment and Jobs Act shall apply to funds
provided under a payment made under this section that are
used for a project described in clause (xxiii) of section
602(c)(4)(B) that relates to broadband infrastructure; and
``(II) the requirements of titles 23, 40, and 49 of the
United States Code, title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.), and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et.
seq) shall apply to funds provided under a payment made under
this section that are used for projects described in section
602(c)(4)(B).

``(C) Availability.--Funds provided under a payment made
under this section to a metropolitan city, nonentitlement
unit of local government, or county shall remain available
for obligation for a use described in subparagraph (A)
through December 31, 2024, except that no amount of such
funds may be expended after September 30, 2026.''.
(b) Technical Amendments.--Sections 602(c)(3) and 603(c)(3)
of title VI of the Social Security Act (42 U.S.C. 802(c)(3),
803(c)(3)) are each amended by striking ``paragraph (17)
of''.
(c) Department of the Treasury Administrative Expenses.--

[[Page S5871]]

(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)).
______