[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5323 Considered and Passed Senate (CPS)]
<DOC>
117th CONGRESS
2d Session
S. 5323
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 20, 2022
Mr. Cornyn (for himself, Mr. Padilla, Mr. Tester, and Ms. Murkowski)
introduced the following bill; which was read twice, considered, read
the third time, and passed
_______________________________________________________________________
A BILL
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.
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.
``(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.
``(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 3 of this
Act.
SEC. 3. 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 2(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. 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).''.
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