Congressional Record, December 20, 2022 — Senate
Summary
This is S7813 of the Congressional Record, Senate, December 20, 2022. It contains the end of floor remarks on pandemic-era medicine and medical supply chains, followed by a bill titled Amending 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. Mr. Cornyn states that the bill is about flexibility for State and local governments and that the bill will not result in a single dollar of additional appropriations or a single dollar added to the deficit. Mr. Tester thanks Senators Cornyn, Padilla, and Murkowski and urges passage.
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“Congressional Record, December 20, 2022 — Senate.”
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S7813
survive, especially from adversaries My friend Senator PADILLA from know that every town and, frankly,
like China. Congress and the rest of the California and I have worked with the every Tribe, every city, every State,
Federal Government should do what we administration and our colleagues on and every local community was im-
can do to boost domestic production in both sides of the aisle in order to come pacted in a different way. As a result,
medicine and medical supplies. It has up with a bill that would grant this they have different, specific needs for
to be done. We can’t wait. flexibility. This bill originally passed that recovery.
Along with essential goods like fuel the Senate unanimously last October. Over the last 2 years, Congress has
and critical minerals, pharmaceuticals You know, people sometimes think provided critical lifelines to commu-
are vital to national security. We can- that we can’t get along, that we can’t nities across the country that are try-
not allow our adversaries to hold their get anything done, but when big things ing to get through the pandemic and
supplies over our heads as a bargaining happen, sometimes they happen with- begin to rebuild, but today, almost 3
tool, and that is exactly what they are out people even recognizing it. That years since the start of the pandemic
doing as we speak. demonstrates not only the bipartisan in the United States, there is still more
I hope my time on the floor today nature of this legislation but the fact we can and should do to help tailor the
has opened some eyes to the children’s that it just makes good sense. Federal resources that we have pre-
medical shortage. The dangers of for- Unfortunately, the House never viously approved to better fit each
eign independence are getting worse passed our bill. We have now worked in local community and give them the
every day. good faith to build the kind of support tools they need to address their most
To every parent in Alabama and necessary among House Members and pressing local needs.
across our country, we are listening, House leadership in order to get that At its core, this bill is about flexi-
and we want you to listen to the advice done, and I hope the Senate will ad- bility and empowering local govern-
of your doctors. Always check with vance this new version today. ments that are closest to the people—
medical professionals before giving Simply put, this legislation will flexibility for State and local govern-
your children any medicine, and hope- unlock billions of dollars in unspent ments to use their fiscal recovery dol-
fully, in the near future, this body can COVID funds for infrastructure lars as strategically, as effectively, and
help solve this problem and move our projects as well as disaster relief. It re- as efficiently as possible; flexibility for
suppliers from international to domes- stores decision making power to the the Treasury Department to continue
tic. local level, and—this is unique to to implement critical assistance for
I yield the floor. spending bills in Washington, DC—this communities that need it; flexibility
The PRESIDING OFFICER. The Sen- will not result in a single dollar of ad- for counties and Tribes that host our
ator from Texas. ditional appropriations or a single dol- Nation’s public lands.
f lar added to the deficit. This money is As Senator CORNYN mentioned, this
already in the hands of the States, the bill is the result of a long bipartisan ef-
AMENDING TITLE VI OF THE SO-
counties, and the cities; they just need fort that has involved many of our col-
CIAL SECURITY ACT TO ALLOW
more flexibility to spend it in a way leagues on both sides of the aisle, on
STATES AND LOCAL GOVERN-
that makes sense to them. both sides of the Capitol.
MENTS TO USE CORONAVIRUS
If I could just add as a quick footnote I particularly want to thank Senator
RELIEF FUNDS PROVIDED
before deferring to my colleagues, a lot CORNYN and his excellent staff for their
UNDER THE AMERICAN RESCUE
of times when we have disasters or we hard work as well. I thank Senator
PLAN ACT FOR INFRASTRUC-
want to do something big for the coun- TESTER, Senator MURKOWSKI, and oth-
TURE PROJECTS, IMPROVE THE
try, we pass legislation, but it takes ers involved in getting us to this point.
LOCAL ASSISTANCE AND TRIBAL
years to implement. Part of the prob- I urge my colleagues to join us in sup-
CONSISTENCY FUND, PROVIDE
lem is getting the money from Wash- porting this measure.
TRIBAL GOVERNMENTS WITH The PRESIDING OFFICER. The Sen-
ington, DC, down to those local juris-
MORE TIME TO USE ator from Montana.
dictions, among other things. Well,
CORONAVIRUS RELIEF FUND Mr. TESTER. Madam President, I
this will expedite these infrastructure
PAYMENTS want to start by echoing Senator
projects and disaster relief because
Mr. CORNYN. Madam President, over they already have it in hand. PADILLA in thanking Senator CORNYN
the last few years, pandemic relief bills I just want to say publicly how much from Texas, Senator PADILLA from
have sent billions of dollars to State I appreciate Senator PADILLA and his California, and Senator MURKOWSKI
and local governments to support their staff, Senator MURKOWSKI and her staff, from Alaska for working on this impor-
pandemic responses and recoveries, and and Senator TESTER and his staff for tant issue.
it is appropriate that we did so. But working with us on this legislation. This is a place where oftentimes
the truth is, when the pandemic hit, we Again, this makes so much sense common sense tends to take a leave of
didn’t know how long it would last or that it passed unanimously previously, absence. This is a great example of a
what the ripple effects of that would and now we have worked out the dif- commonsense bill wherein folks have
be, both the public health and eco- ferences with the House. With any come together on both sides of the
nomic impacts on State and local gov- luck, we will get this to the President aisle to address challenges that are fac-
ernments and the constituencies that without further delay. We have bene- ing our local governments.
they serve. fited from feedback from countless Earlier this month, Senator MUR-
I have heard from countless Texas Members on both sides of the aisle, and KOWSKI and I introduced our Local As-
leaders that they have more money I hope we can finally grant our State sistance Fairness Act. This bill fixes an
than eligible expenses under the guard- and local leaders the flexibility that error in the American Rescue Plan’s
rails Congress applied at the time, and they have requested to spend these dol- Local Assistance and Tribal Consist-
my colleagues can attest to the fact lars in a way that makes the most ency Fund that has prevented consoli-
that this is not a unique problem to sense according to their priorities. dated local governments from access-
Texas. States, counties, and cities The PRESIDING OFFICER. The Sen- ing this critical funding. Back in Mon-
across the country want more flexi- ator from California. tana, this has impacted two of our
bility to spend these relief dollars on Mr. PADILLA. Madam President, I counties and municipalities—Butte-
their highest priority projects, espe- rise today, alongside my colleague, the Silver Bow and Anaconda-Deer Lodge.
cially infrastructure. If we don’t do senior Senator from Texas, to speak in Both of these counties can use this
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this, these jurisdictions are going to support of our bipartisan effort to con- help. This legislation will help them
fritter these dollars away on things tinue to give States, local, Tribal, and continue to keep folks safe, improve
that will not have a lasting, positive territorial governments the support infrastructure, and lay the groundwork
impact on our economy or public safe- they need as they continue to recover for bringing good-paying jobs to the re-
ty. An investment in infrastructure from the COVID–19 pandemic. gion.
will be an investment in public safety While no corner of the United States I appreciate my friends from Texas
and a growing economy. was untouched by COVID, we also and California and Senator MURKOWSKI
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S7814 CONGRESSIONAL RECORD — SENATE December 20, 2022
for including this bill in the Cornyn- porary emergency housing, food assistance, ‘‘(xxii) A project eligible under section 5311
Padilla bill. financial assistance for lost wages, or other of title 49, United States Code.
We thank you very much for that. immediate needs.’’; and ‘‘(xxiii) A project eligible under section
(ii) by adding at the end the following new 5337 of title 49, United States Code.
I look forward to getting this to the
paragraph: ‘‘(xxiv) A project eligible under section
President’s desk for his signature. ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN 5339 of title 49, United States Code.
I yield the floor. INFRASTRUCTURE PROJECTS.— ‘‘(xxv) A project eligible under section 6703
The PRESIDING OFFICER. The Sen- ‘‘(A) IN GENERAL.—Subject to subparagraph of title 49, United States Code, as added by
ator from Texas. (C), notwithstanding any other provision of the Infrastructure Investment and Jobs Act.
Mr. CORNYN. Madam President, I law, a State, territory, or Tribal government ‘‘(xxvi) A project eligible under title I of
ask unanimous consent that the Sen- receiving a payment under this section may the Housing and Community Development
ate proceed to the immediate consider- use funds provided under such payment for Act of 1974 (42 U.S.C. 5301 et seq.).
projects described in subparagraph (B), in- ‘‘(xxvii) A project eligible under the bridge
ation of S. 5323, which is at the desk.
cluding, to the extent consistent with guid- replacement, rehabilitation, preservation,
The PRESIDING OFFICER. The ance or rules issued by the Secretary or the protection, and construction program under
clerk will report the bill by title. head of a Federal agency to which the Sec- paragraph (1) under the heading ‘HIGHWAY IN-
The senior assistant legislative clerk retary has delegated authority pursuant to FRASTRUCTURE PROGRAM’ under the heading
read as follows: subparagraph (C)(iv)— ‘FEDERAL HIGHWAY ADMINISTRATION’ under
A bill (S. 5323) to amend title VI of the So- ‘‘(i) in the case of a project eligible under the heading ‘DEPARTMENT OF TRANS-
cial Security Act to allow States and local section 117 of title 23, United States Code, or PORTATION’ under title VIII of division J of
governments to use coronavirus relief funds section 5309 or 6701 of title 49, United States the Infrastructure Investment and Jobs Act.
provided under the American Rescue Plan Code, to satisfy a non-Federal share require- ‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE-
Act for infrastructure projects, improve the ment applicable to such a project; and MENTS.—
Local Assistance and Tribal Consistency ‘‘(ii) in the case of a project eligible for ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
Fund, provide Tribal governments with more credit assistance under the TIFIA program INFRASTRUCTURE PROJECTS.—
time to use Coronavirus Relief Fund pay- under chapter 6 of title 23, United States ‘‘(I) IN GENERAL.—The total amount that a
ments, and for other purposes. Code— State, territory, or Tribal government may
‘‘(I) to satisfy a non-Federal share require- use from a payment made under this section
There being no objection, the Senate ment applicable to such a project; and for uses described in subparagraph (A) shall
proceeded to consider the bill. ‘‘(II) to repay a loan provided under such not exceed the greater of—
Mr. CORNYN. I ask unanimous con- program. ‘‘(aa) $10,000,000; and
sent that the bill be considered read a ‘‘(B) PROJECTS DESCRIBED.—A project re- ‘‘(bb) 30 percent of such payment.
third time and passed and that the mo- ferred to in subparagraph (A) is any of the ‘‘(II) RULE OF APPLICATION.—The spending
tion to reconsider be considered made following: limitation under subclause (I) shall not
and laid upon the table. ‘‘(i) A project eligible under section 117 of apply to any use of funds permitted under
title 23, United States Code. paragraph (1), and any such use of funds shall
The PRESIDING OFFICER. Is there ‘‘(ii) A project eligible under section 119 of be disregarded for purposes of applying such
objection? title 23, United States Code. spending limitation.
Without objection, it is so ordered. ‘‘(iii) A project eligible under section 124 of ‘‘(ii) LIMITATION ON OPERATING EXPENSES.—
The bill (S. 5323) was ordered to be title 23, United States Code, as added by the Funds provided under a payment made under
engrossed for a third reading, was read Infrastructure Investment and Jobs Act. this section shall not be used for operating
the third time, and passed, as follows: ‘‘(iv) A project eligible under section 133 of expenses of a project described in clauses
S. 5323 title 23, United States Code. (xx) through (xxiv) of subparagraph (B).
‘‘(v) An activity to carry out section 134 of ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-
Be it enacted by the Senate and House of Rep- title 23, United States Code. cept as otherwise determined by the Sec-
resentatives of the United States of America in ‘‘(vi) A project eligible under section 148 of retary or the head of a Federal agency to
Congress assembled, title 23, United States Code. which the Secretary has delegated authority
SECTION 1. SHORT TITLE. ‘‘(vii) A project eligible under section 149 pursuant to clause (iv) or provided in this
This Act may be cited as the ‘‘State, of title 23, United States Code. section—
Local, Tribal, and Territorial Fiscal Recov- ‘‘(viii) A project eligible under section ‘‘(I) the requirements of section 60102 of
ery, Infrastructure, and Disaster Relief 151(f) of title 23, United States Code, as added the Infrastructure Investment and Jobs Act
Flexibility Act’’. by the Infrastructure Investment and Jobs shall apply to funds provided under a pay-
SEC. 2. AUTHORITY TO USE CORONAVIRUS RE- Act. ment made under this section that are used
LIEF FUNDS FOR INFRASTRUCTURE ‘‘(ix) A project eligible under section 165 of pursuant to subparagraph (A) for a project
PROJECTS. title 23, United States Code. described in clause (xxvi) of subparagraph
(a) IN GENERAL.—Title VI of the Social Se- ‘‘(x) A project eligible under section 167 of (B) that relates to broadband infrastructure;
curity Act (42 U.S.C. 801 et seq.), as amended title 23, United States Code. ‘‘(II) the requirements of titles 23, 40, and
by section 40909 of the Infrastructure Invest- ‘‘(xi) A project eligible under section 173 of 49 of the United States Code, title I of the
ment and Jobs Act, is amended— title 23, United States Code, as added by the Housing and Community Development Act of
(1) in section 602— Infrastructure Investment and Jobs Act. 1974 (42 U.S.C. 5301 et seq.), and the National
(A) in subsection (a)(1), by inserting ‘‘(ex- ‘‘(xii) A project eligible under section 175 Environmental Policy Act of 1969 (42 U.S.C.
cept as provided in subsection (c)(5))’’ after of title 23, United States Code, as added by 4321 et. seq) shall apply to funds provided
‘‘December 31, 2024’’; and the Infrastructure Investment and Jobs Act. under a payment made under this section
(B) in subsection (c)— ‘‘(xiii) A project eligible under section 176 that are used for projects described in sub-
(i) in paragraph (1)— of title 23, United States Code, as added by paragraph (B); and
(I) in the matter preceding subparagraph the Infrastructure Investment and Jobs Act. ‘‘(III) a State government receiving a pay-
(A), by striking ‘‘paragraph (3)’’ and insert- ‘‘(xiv) A project eligible under section 202 ment under this section may use funds pro-
ing ‘‘paragraphs (3), (4), and (5)’’; of title 23, United States Code. vided under such payment for projects de-
(II) by amending subparagraph (C) to read ‘‘(xv) A project eligible under section 203 of scribed in clauses (i) through (xxvii) of sub-
as follows: title 23, United States Code. paragraph (B), as applicable, that—
‘‘(C) for the provision of government serv- ‘‘(xvi) A project eligible under section 204 ‘‘(aa) demonstrate progress in achieving a
ices up to an amount equal to the greater of title 23, United States Code. state of good repair as required by the
of— ‘‘(xvii) A project eligible under the pro- State’s asset management plan under section
‘‘(i) the amount of the reduction in revenue gram for national infrastructure invest- 119(e) of title 23, United States Code; and
of such State, territory, or Tribal govern- ments (commonly known as the ‘Rebuilding ‘‘(bb) support the achievement of 1 or more
ment due to the COVID–19 public health American Infrastructure with Sustainability performance targets of the State established
emergency relative to revenues collected in and Equity (RAISE) grant program’). under section 150 of title 23, United States
the most recent full fiscal year of the State, ‘‘(xviii) A project eligible for credit assist- Code.
territory, or Tribal government prior to the ance under the TIFIA program under chapter ‘‘(iv) OVERSIGHT.—The Secretary may dele-
emergency; or 6 of title 23, United States Code. gate oversight and administration of the re-
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‘‘(ii) $10,000,000;’’; ‘‘(xix) A project that furthers the comple- quirements described in clause (iii) to the
(III) in subparagraph (D), by striking the tion of a designated route of the Appalachian appropriate Federal agency.
period at the end and inserting ‘‘; or’’; and Development Highway System under section ‘‘(v) SUPPLEMENT, NOT SUPPLANT.—
(IV) by adding at the end the following new 14501 of title 40, United States Code. Amounts from a payment made under this
subparagraph: ‘‘(xx) A project eligible under section 5307 section that are used by a State, territory,
‘‘(E) to provide emergency relief from nat- of title 49, United States Code. or Tribal government for uses described in
ural disasters or the negative economic im- ‘‘(xxi) A project eligible under section 5309 subparagraph (A) shall supplement, and not
pacts of natural disasters, including tem- of title 49, United States Code. supplant, other Federal, State, territorial,
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S7815
Tribal, and local government funds (as appli- ‘‘(bb) 30 percent of such payment. (A) in section 4003(f), by striking
cable) otherwise available for such uses. ‘‘(II) RULE OF APPLICATION.—The spending ‘‘$100,000,000’’ and inserting ‘‘61,000,000’’; and
‘‘(D) REPORTS.—The Secretary, in con- limitation under subclause (I) shall not (B) in section 4112(b), by striking
sultation with the Secretary of Transpor- apply to any use of funds permitted under ‘‘$100,000,000’’ and inserting ‘‘$67,000,000’’.
tation, shall provide periodic reports on the paragraph (1), and any such use of funds shall (2) AUTHORITY.—Notwithstanding any
use of funds by States, territories, and Tribal be disregarded for purposes of applying such other provision of law, the unobligated bal-
governments under subparagraph (A). spending limitation. ances from amounts made available to the
‘‘(E) AVAILABILITY.—Funds provided under ‘‘(ii) LIMITATION ON OPERATING EXPENSES.— Secretary of the Treasury (referred to in this
a payment made under this section to a Funds provided under a payment made under subsection as the ‘‘Secretary’’) for adminis-
State, territory, or Tribal government shall this section shall not be used for operating trative expenses pursuant to the provisions
remain available for obligation for a use de- expenses of a project described in clauses specified in paragraph (3) shall be available
scribed in subparagraph (A) through Decem- (xx) through (xxiv) of section 602(c)(5)(B). to the Secretary (in addition to any other
ber 31, 2024, except that no amount of such ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex- appropriations provided for such purpose) for
funds may be expended after September 30, cept as otherwise determined by the Sec- the purpose described in paragraph (4) (sub-
2026.’’; and retary or the head of a Federal agency to ject to the limitation in such paragraph) and
(2) in subsection 603— which the Secretary has delegated authority for administrative expenses of the Depart-
(A) in subsection (a), by inserting ‘‘(except pursuant to clause (iv) or provided in this ment of the Treasury, except for the Internal
as provided in subsection (c)(6))’’ after ‘‘De- section— Revenue Service, determined by the Sec-
cember 31, 2024’’; and ‘‘(I) the requirements of section 60102 of retary to be necessary to respond to the
(B) in subsection (c)— the Infrastructure Investment and Jobs Act coronavirus emergency, including any ex-
(i) in paragraph (1)— shall apply to funds provided under a pay- penses necessary to implement any provision
(I) in the matter preceding subparagraph ment made under this section that are used of—
(A), by striking ‘‘paragraphs (3) and (4)’’ and pursuant to subparagraph (A) for a project (A) the Coronavirus Aid, Relief, and Eco-
inserting ‘‘paragraphs (3), (4), (5), and (6)’’; described in clause (xxvi) of section nomic Security Act (Public Law 116–136);
(II) by amending subparagraph (C) to read 602(c)(5)(B) that relates to broadband infra- (B) division N of the Consolidated Appro-
as follows: structure; and priations Act, 2021 (Public Law 116–260);
‘‘(C) for the provision of government serv- ‘‘(II) the requirements of titles 23, 40, and (C) the American Rescue Plan Act (Public
ices up to an amount equal to the greater 49 of the United States Code, title I of the Law 117–2); or
of— Housing and Community Development Act of (D) title VI of the Social Security Act (42
‘‘(i) the amount of the reduction in revenue 1974 (42 U.S.C. 5301 et seq.), and the National U.S.C. 801 et seq.).
of such metropolitan city, nonentitlement Environmental Policy Act of 1969 (42 U.S.C. (3) PROVISIONS SPECIFIED.—The provisions
unit of local government, or county due to 4321 et. seq) shall apply to funds provided specified in this paragraph are the following:
the COVID–19 public health emergency rel- under a payment made under this section (A) Amounts made available under section
ative to revenues collected in the most re- that are used for projects described in sec- 4027(a) of the Coronavirus Aid, Relief, and
cent full fiscal year of the metropolitan city, tion 602(c)(5)(B). Economic Security Act (15 U.S.C. 9061(a)) to
nonentitlement unit of local government, or ‘‘(iv) OVERSIGHT.—The Secretary may dele- pay costs and administrative expenses under
county to the emergency; or section 4003(f) of such Act (15 U.S.C. 9042(f)))
gate oversight and administration of the re-
‘‘(ii) $10,000,000;’’; and amounts made available by section
quirements described in clause (iii) to the
(III) in subparagraph (D), by striking the 4120(a) of the Coronavirus Aid, Relief, and
appropriate Federal agency.
period at the end and inserting ‘‘; or’’; and Economic Security Act (15 U.S.C. 9080) to
‘‘(v) SUPPLEMENT, NOT SUPPLANT.—
(IV) by adding at the end the following new pay costs and administrative expenses under
Amounts from a payment made under this
subparagraph: section 4112(b) of such Act (15 U.S.C. 9072(b))
section that are used by a metropolitan city,
‘‘(E) to provide emergency relief from nat- (after application of the amendments made
nonentitlement unit of local government, or
ural disasters or the negative economic im- by paragraph (1) of this subsection).
county for uses described in subparagraph
pacts of natural disasters, including tem-
(A) shall supplement, and not supplant, (B) Section 421(f)(2) of division N of the
porary emergency housing, food assistance,
other Federal, State, territorial, Tribal, and Consolidated Appropriations Act, 2021 (Pub-
financial assistance for lost wages, or other
local government funds (as applicable) other- lic Law 116–260).
immediate needs.’’; and
wise available for such uses. (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and
(ii) by adding at the end the following new
‘‘(C) REPORTS.—The Secretary, in consulta- 7301(b)(5) of the American Rescue Plan Act of
paragraph:
tion with the Secretary of Transportation, 2021 (Public Law 117–2).
‘‘(6) AUTHORITY TO USE FUNDS FOR CERTAIN
shall provide periodic reports on the use of (D) Section 602(a)(2) of the Social Security
INFRASTRUCTURE PROJECTS.—
funds by metropolitan cities, nonentitlement Act (42 U.S.C. 802(a)(2)).
‘‘(A) IN GENERAL.—Subject to subparagraph
(B), notwithstanding any other provision of units of local government, or counties under (4) PAYMENTS TO ELIGIBLE REVENUE SHARING
subparagraph (A). CONSOLIDATED GOVERNMENTS.—Of amounts
law, a metropolitan city, nonentitlement
unit of local government, or county receiv- ‘‘(D) AVAILABILITY.—Funds provided under made available under paragraph (2), up to
ing a payment under this section may use a payment made under this section to a met- $10,600,000 shall be available to the Secretary
funds provided under such payment for ropolitan city, nonentitlement unit of local (in addition to any other appropriations pro-
projects described in subparagraph (B) of sec- government, or county shall remain avail- vided for such purpose) for making payments
tion 602(c)(5), including, to the extent con- able for obligation for a use described in sub- to eligible revenue sharing consolidated gov-
sistent with guidance or rules issued by the paragraph (A) through December 31, 2024, ex- ernments under subsection (g) of section 605
Secretary or the head of a Federal agency to cept that no amount of such funds may be of the Social Security Act (42 U.S.C. 805), as
which the Secretary has delegated authority expended after September 30, 2026.’’. added by section 3 of this Act.
pursuant to subparagraph (B)(iv)— (b) TECHNICAL AMENDMENTS.—Sections SEC. 3. ALLOWING PAYMENTS TO ELIGIBLE REV-
602(c)(3) and 603(c)(3) of title VI of the Social ENUE SHARING CONSOLIDATED
‘‘(i) in the case of a project eligible under GOVERNMENTS FROM LOCAL AS-
section 117 of title 23, United States Code, or Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are
SISTANCE AND TRIBAL CONSIST-
section 5309 or 6701 of title 49, United States each amended by striking ‘‘paragraph (17) ENCY FUND.
Code, to satisfy a non-Federal share require- of’’. (a) IN GENERAL.—Section 605 of the Social
ment applicable to such a project; and (c) GUIDANCE AND EFFECTIVE DATE.— Security Act (42 U.S.C. 805) is amended by
‘‘(ii) in the case of a project eligible for (1) GUIDANCE OR RULE.—Within 60 days of adding at the end the following new sub-
credit assistance under the TIFIA program the date of enactment of this Act, the Sec- section:
under chapter 6 of title 23, United States retary of the Treasury, in consultation with ‘‘(g) PAYMENTS TO ELIGIBLE REVENUE SHAR-
Code— the Secretary of Transportation, shall issue ING CONSOLIDATED GOVERNMENTS.—
‘‘(I) to satisfy a non-Federal share require- guidance or promulgate a rule to carry out ‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHAR-
ment applicable to such a project; and the amendments made by this section, in- ING CONSOLIDATED GOVERNMENTS FOR FISCAL
‘‘(II) to repay a loan provided under such cluding updating reporting requirements on YEARS 2023 AND 2024.—The Secretary shall allo-
program. the use of funds under this section. cate and pay to each eligible revenue sharing
‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE- (2) EFFECTIVE DATE.—The amendments consolidated government for each of fiscal
MENTS.— made by this section shall take effect upon years 2023 and 2024 an amount equal to the
‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR the issuance of guidance or the promulgation amount that the Secretary would have allo-
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INFRASTRUCTURE PROJECTS.— of a rule described in paragraph (1). cated to such eligible revenue sharing con-
‘‘(I) IN GENERAL.—The total amount that a (d) DEPARTMENT OF THE TREASURY ADMINIS- solidated government for fiscal year 2022 if
metropolitan city, nonentitlement unit of TRATIVE EXPENSES.— all eligible revenue sharing consolidated gov-
local government, or county may use from a (1) REDUCTION OF FUNDS AVAILABLE FOR AD- ernments had been treated as eligible rev-
payment made under this section for uses de- MINISTRATIVE EXPENSES.—Title IV of division enue sharing counties for purposes of being
scribed in subparagraph (A) shall not exceed A of the Coronavirus Aid, Relief, and Eco- eligible for payments under subsection (b)(1)
the greater of— nomic Security Act (Public Law 116–136) is for such fiscal year using the allocation
‘‘(aa) $10,000,000; and amended— methodology adopted by the Department of
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S7816 CONGRESSIONAL RECORD — SENATE December 20, 2022
the Treasury for such eligible revenue shar- the State, territory, or other governmental ible, drive-me-crazy, yet-I-love-them-
ing counties as of the date of enactment of entity shall be rescinded from the applicable infinitely girls if Roe v. Wade had not
this subsection. appropriation account. paved the way for women to make
‘‘(2) FUNDING FOR PAYMENTS.— ‘‘(2) EXCLUSION.—Paragraph (1) shall not
‘‘(A) IN GENERAL.—The Secretary shall apply with respect to funds that are to be
their own healthcare decisions, as I
make the allocations and payments de- paid to a State under section 603 for distribu- was only able to get pregnant through
scribed in paragraph (1) from the amounts tion to nonentitlement units of local govern- IVF, in vitro fertilization.
described in subparagraph (B), which shall be ment. Because of IVF, I get to experience
available to the Secretary for such purpose ‘‘(3) RULES OF CONSTRUCTION.—Paragraph all the joys and chaos of motherhood.
notwithstanding any other provision of law. (1) shall not be construed as— Because of IVF, my husband and I
‘‘(B) AMOUNTS DESCRIBED.—The amounts ‘‘(A) preventing a sub-State governmental aren’t just ‘‘Tammy and Bryan’’; we
described in this subparagraph are the fol- entity, including a nonentitlement unit of
are ‘‘Mommy and Daddy.’’ Because of
lowing: local government, from notifying the Sec-
‘‘(i) Any amount allocated to an eligible retary of the Treasury that the sub-State IVF, we are a family, and my heart is
revenue sharing county under subsection governmental entity intends to decline all or whole.
(b)(1) for fiscal year 2022 or 2023 that, as of a portion of the amounts that a State may Tragically, that future—that family,
January 31, 2023, has not been requested by distribute to the entity from funds appro- that fervently hoped-for dream—is now
such county. priated under this title; or in danger for millions of would-be par-
‘‘(ii) Amounts made available to the Sec- ‘‘(B) allowing a State to prohibit or other- ents across the country, as the Su-
retary under section 2(d)(4) of the State, wise prevent a sub-State governmental enti- preme Court’s decision to overturn Roe
Local, Tribal, and Territorial Fiscal Recov- ty from providing such a notice.
ery, Infrastructure, and Disaster Relief ‘‘(b) USE FOR DEFICIT REDUCTION.—
has Republicans plotting to push for-
Flexibility Act.’’. Amounts rescinded under subsection (a) shall ward new policy that would go even
(b) CONFORMING AMENDMENTS.—Section 605 be deposited in the general fund of the Treas- further toward controlling women’s
of the Social Security Act (42 U.S.C. 805), as ury for the sole purpose of deficit reduction. bodies, including plans that could ef-
amended by subsection (a), is further amend- ‘‘(c) STATE OR OTHER GOVERNMENTAL ENTI- fectively ban fertility treatments like
ed— TY DEFINED.—In this section, the term IVF.
(1) in subsection (a), by inserting ‘‘, subject ‘State, territory, or other governmental en- We know that because they told us,
to subsection (g),’’ after ‘‘obligated’’; tity’ means any entity to which a payment
(2) in subsection (c), by striking ‘‘or an eli-
because they said the quiet part out
may be made directly to the entity under
gible Tribal government’’ and inserting ‘‘, an this title other than a Tribal government, as
loud. One anti-choice group even ad-
eligible Tribal government, or an eligible defined in sections 601(g), 602(g), and 604(d), mitted to GOP legislators that they
revenue sharing consolidated government’’; and an eligible Tribal government, as defined would consider figuring out how to go
(3) in subsections (d) and (e), by inserting in section 605(f).’’. after IVF treatments ‘‘next year, 2
‘‘or eligible revenue sharing consolidated years from now, 3 years from now.’’
The PRESIDING OFFICER. The Sen-
government’’ after ‘‘eligible revenue sharing If you are thinking that this makes
county’’ each place it appears; and ator from Illinois.
no sense, you are right. You are not
(4) in subsection (f)— f
(A) by redesignating paragraphs (1) misunderstanding anything. You are
through (4) as paragraphs (2) through (5), re- UNANIMOUS CONSENT REQUEST— not missing something. It is the ulti-
spectively; and S. 5276 mate nightmarish blend of hypocrisy
(B) by inserting before paragraph (2) (as so Ms. DUCKWORTH. Madam President, and misogyny that you think it is.
redesignated) the following new paragraph: The very people who claim to be de-
I ask unanimous consent that the Com-
‘‘(1) ELIGIBLE REVENUE SHARING CONSOLI- fending family values are actively
DATED GOVERNMENT.—The term ‘eligible rev-
mittee on Health, Education, Labor,
and Pensions be discharged from fur- shouldering policies that would prevent
enue sharing consolidated government’
means a county, parish, or borough— ther consideration of S. 5276 and that millions of Americans from starting
‘‘(A) that has been classified by the Bureau the Senate proceed to its immediate families.
of the Census as an active government con- consideration; further, that the bill be In the most extreme version, they
solidated with another government; and considered read a third time and are pushing the kind of so-called
‘‘(B) for which, as determined by the Sec- passed; and that the motion to recon- personhood bills that paint women un-
retary, there is a negative revenue impact dergoing IVF as criminals and our doc-
sider be considered made and laid upon
due to implementation of a Federal program tors as killers, even as we are trying
or changes to such program.’’. the table.
The PRESIDING OFFICER. Is there everything we can to create life.
SEC. 4. EXTENSION OF AVAILABILITY OF
CORONAVIRUS RELIEF FUND PAY- objection? The thing is, they craft this kind of
MENTS TO TRIBAL GOVERNMENTS. The Senator from Mississippi. policy carefully, tactically. They are
Section 601(d)(3) of the Social Security Act Mrs. HYDE-SMITH. Madam Presi- strategic about every word they use,
(42 U.S.C. 801(d)(3)) is amended by inserting dent, I object. about every comma they place, wink-
‘‘(or, in the case of costs incurred by a Tribal ing to their political base all the while.
government, during the period that begins
The PRESIDING OFFICER. Objec-
on March 1, 2020, and ends on December 31, tion is heard. Their so-called personhood bills don’t
2022)’’ before the period. The Senator from Illinois. necessarily say: Guess what, big news.
SEC. 5. RESCISSION OF CORONAVIRUS RELIEF Ms. DUCKWORTH. Madam President, We are going to ban IVF, full stop.
AND RECOVERY FUNDS DECLINED my daughter Abigail, my oldest daugh- What they say is: Hey, we’re not com-
BY STATES, TERRITORIES, OR ter, just turned 8. She is silly and pletely, totally, fully opposed to IVF,
OTHER GOVERNMENTAL ENTITIES.
smart and gives the best hugs you per se. But we definitely won’t let you
Title VI of the Social Security Act (42
U.S.C. 801 et seq.) is amended by adding at could ever imagine. She has big implant multiple fertilized eggs at
the end the following new section: dreams, and if you have ever met her, once. They say: You can have this ex-
‘‘SEC. 606. RESCISSION OF FUNDS DECLINED BY you just know that she will reach pensive, intensive procedure still, but
STATES, TERRITORIES, OR OTHER them. She has decided that one day she you can only implant one embryo at a
GOVERNMENTAL ENTITIES. time—a cruelly clever way of effec-
is going to become an engineer or an
‘‘(a) RESCISSION.— tively preventing people from trying
Army nurse. She wants to build things,
‘‘(1) IN GENERAL.—Subject to paragraphs (2)
and (3), if a State, territory, or other govern- and she wants to help people. That is IVF without actually spelling it out
mental entity provides notice to the Sec- it. verbatim.
retary of the Treasury in the manner pro- My younger daughter, Maile Pearl, is The process relies on implanting
vided by the Secretary of the Treasury that 41⁄2, with just about the most con- multiple embryos at once to give
the State, territory, or other governmental tagious laugh I have ever heard. women the best shot of becoming preg-
SSpencer on DSK126QN23PROD with SENATE
entity intends to decline all or a portion of My girls are my everything, and for nant and carrying a child to term. So
the amounts that are to be awarded to the them, I would do anything, but Abigail implanting only one per round would
State, territory, or other governmental enti- be prohibitively expensive, not to men-
and Maile might never have been born
ty from funds appropriated under this title,
an amount equal to the unaccepted amounts if it were not for the basic reproductive tion emotionally devastating for so
or portion of such amounts allocated by the rights Americans have been depending many.
Secretary of the Treasury as of the date of on for nearly half a century. I might Personhood: This policy could also
such notice that would have been awarded to never have had my beautiful, incred- ban dilation and curettage, or D&C,
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