Amendments Submitted, December 20, 2022 — Congressional Record, Senate
Summary
This is S9681 of the Congressional Record, Senate, December 20, 2022, in the Amendments Submitted section. The page opens with the end of an amendment text on National Heritage Areas, including an extension of deadlines to September 30, 2037 and an authorization of appropriations of not more than $1,000,000 for each of fiscal years 2023 through 2037. It then lists SA 6588, submitted by Mr. Padilla, for himself and Mr. Cornyn, intended to be proposed to H.R. 2617. The SA 6588 text adds a division titled State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility, with section 102 on authority to use Coronavirus Relief funds.
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“Amendments Submitted, December 20, 2022 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2022-12-20-crec-2022-12-20-pt3-pgs9681-dc6c1b2893/
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9681
320101 note; Public Law 111–11; 123 Stat. 1267) by striking ‘‘$12,000,000’’ and inserting Route Partnership’’ each place it appears
is amended by striking ‘‘the date that is 15 ‘‘$14,000,000’’. and inserting ‘‘Great Basin Heritage Area
years after the date of enactment of this (h) WHEELING NATIONAL HERITAGE AREA.— Partnership’’.
Act’’ and inserting ‘‘September 30, 2037’’. Subsection (h)(1) of the Wheeling National SEC. 8. EXTENSION OF DEADLINE TO COMPLETE
(43) MISSISSIPPI DELTA NATIONAL HERITAGE Heritage Area Act of 2000 (54 U.S.C. 320101 CERTAIN MANAGEMENT PLANS.
AREA.—Section 8008(i) of the Omnibus Public note; Public Law 106–291; 114 Stat. 967; 133 Section 6001(c)(1) of the John D. Dingell,
Land Management Act of 2009 (54 U.S.C. Stat. 778) is amended by striking Jr. Conservation, Management, and Recre-
320101 note; Public Law 111–11; 123 Stat. 1275) ‘‘$15,000,000’’ and inserting ‘‘$17,000,000’’. ation Act (54 U.S.C. 320101 note; Public Law
is amended by striking ‘‘the date that is 15 (i) THE LAST GREEN VALLEY NATIONAL HER- 116–9; 133 Stat. 772) is amended by striking
years after the date of enactment of this ITAGE CORRIDOR.—Section 109(a) of the ‘‘3’’ and inserting ‘‘5’’.
Act’’ and inserting ‘‘September 30, 2037’’. Quinebaug and Shetucket Rivers Valley Na- ---
(44) MUSCLE SHOALS NATIONAL HERITAGE tional Heritage Corridor Act of 1994 (54 SA 6588. Mr. PADILLA (for himself
AREA.—Section 8009(j) of the Omnibus Public U.S.C. 320101 note; Public Law 103–449; 108 and Mr. CORNYN) submitted an amend-
Land Management Act of 2009 (54 U.S.C. Stat. 4756; 113 Stat. 1729; 123 Stat. 1292; 133 ment intended to be proposed by him
320101 note; Public Law 111–11; 123 Stat. 1282) Stat. 2714) is amended, in the first sentence, to the bill H.R. 2617, to amend section
is amended by striking ‘‘the date that is 15 by striking ‘‘$17,000,000’’ and inserting 1115 of title 31, United States Code, to
years after the date of enactment of this ‘‘$19,000,000’’.
amend the description of how perform-
Act’’ and inserting ‘‘September 30, 2037’’. (j) LACKAWANNA VALLEY NATIONAL HERIT-
(45) KENAI MOUNTAINS-TURNAGAIN ARM NA- AGE AREA.—Section 109(a) of the Lacka-
ance goals are achieved, and for other
TIONAL HERITAGE AREA.—Section 8010(i) of wanna Valley National Heritage Area Act of purposes; which was ordered to lie on
the Omnibus Public Land Management Act 2000 (54 U.S.C. 320101 note; Public Law 106– the table; as follows:
of 2009 (54 U.S.C. 320101 note; Public Law 111– 278; 114 Stat. 818; 134 Stat. 1505) is amended At the appropriate place add the following:
11; 123 Stat. 1288) is amended by striking by striking ‘‘$12,000,000’’ and inserting DIVISION—STATE, LOCAL, TRIBAL, AND
‘‘the date that is 15 years after the date of ‘‘$14,000,000’’. TERRITORIAL FISCAL RECOVERY, IN-
enactment of this Act’’ and inserting ‘‘Sep- (k) BLUE RIDGE NATIONAL HERITAGE FRASTRUCTURE, AND DISASTER RELIEF
tember 30, 2037’’. AREA.—Subsection (i)(1) of the Blue Ridge FLEXIBILITY
(b) AUTHORIZATION OF APPROPRIATIONS.— National Heritage Area Act of 2003 (54 U.S.C. SEC. 101. SHORT TITLE.
There is authorized to be appropriated for 320101 note; Public Law 108–108; 117 Stat. 1280; This division may be cited as the ‘‘State,
each National Heritage Area extended under 133 Stat. 778) is amended by striking Local, Tribal, and Territorial Fiscal Recov-
an amendment made by paragraphs (1) ‘‘$14,000,000’’ and inserting ‘‘$16,000,000’’. ery, Infrastructure, and Disaster Relief
through (45) of subsection (a) not more than SEC. 7. REDESIGNATIONS. Flexibility Act’’.
$1,000,000 for each of fiscal years 2023 through (a) SILOS & SMOKESTACKS NATIONAL HERIT- SEC. 102. AUTHORITY TO USE CORONAVIRUS RE-
2037, subject to any other applicable provi- AGE AREA.— LIEF FUNDS FOR INFRASTRUCTURE
sions of, but notwithstanding any limitation (1) REDESIGNATION.—The America’s Agri- PROJECTS.
on total appropriations for the applicable cultural Heritage Partnership established by (a) IN GENERAL.—Title VI of the Social Se-
National Heritage Area established by, a law section 703(a) of division II of the Omnibus curity Act (42 U.S.C. 801 et seq.), as amended
amended by that subsection. Parks and Public Lands Management Act of by section 40909 of the Infrastructure Invest-
SEC. 6. AUTHORIZATION OF APPROPRIATIONS 1996 (Public Law 104–333; 110 Stat. 4266) shall ment and Jobs Act, is amended—
FOR CERTAIN NATIONAL HERITAGE
be known and designated as the ‘‘Silos & (1) in section 602—
AREAS.
Smokestacks National Heritage Area’’. (A) in subsection (a)(1), by inserting ‘‘(ex-
(a) RIVERS OF STEEL NATIONAL HERITAGE
(2) REFERENCES.—Any reference in a law, cept as provided in subsection (c)(5))’’ after
AREA.—Section 409(a) of the Steel Industry
map, regulation, document, paper, or other ‘‘December 31, 2024’’; and
American Heritage Area Act of 1996 (54
record of the United States to the partner- (B) in subsection (c)—
U.S.C. 320101 note; Public Law 104–333; 110
ship referred to in paragraph (1) shall be (i) in paragraph (1)—
Stat. 4256; 129 Stat. 2551; 133 Stat. 778) is
deemed to be a reference to the ‘‘Silos & (I) in the matter preceding subparagraph
amended, in the second sentence, by striking
Smokestacks National Heritage Area’’. (A), by striking ‘‘paragraph (3)’’ and insert-
‘‘$20,000,000’’ and inserting ‘‘$22,000,000’’.
(b) ESSEX NATIONAL HERITAGE AREA.—Sec- (b) GREAT BASIN NATIONAL HERITAGE ing ‘‘paragraphs (3), (4), and (5)’’;
tion 508(a) of division II of the Omnibus AREA.— (II) by amending subparagraph (C) to read
Parks and Public Lands Management Act of (1) DESIGNATION OF THE GREAT BASIN NA- as follows:
TIONAL HERITAGE AREA.—The Great Basin Na- ‘‘(C) for the provision of government serv-
1996 (54 U.S.C. 320101 note; Public Law 104–
333; 110 Stat. 4260; 129 Stat. 2551; 133 Stat. 778) tional Heritage Route Act (54 U.S.C. 320101 ices up to an amount equal to the greater
is amended, in the second sentence, by strik- note; Public Law 109–338; 120 Stat. 1824) is of—
ing ‘‘$20,000,000’’ and inserting ‘‘$22,000,000’’. amended— ‘‘(i) the amount of the reduction in revenue
(c) SOUTH CAROLINA NATIONAL HERITAGE (A) by striking ‘‘the Heritage Route’’ each of such State, territory, or Tribal govern-
CORRIDOR.—Section 608(a) of the South Caro- place it appears and inserting ‘‘the Heritage ment due to the COVID–19 public health
lina National Heritage Corridor Act of 1996 Area’’; emergency relative to revenues collected in
(54 U.S.C. 320101 note; Public Law 104–333; 110 (B) by striking ‘‘along’’ each place it ap- the most recent full fiscal year of the State,
Stat. 4264; 122 Stat. 824; 133 Stat. 2714) is pears and inserting ‘‘in’’; territory, or Tribal government prior to the
amended, in the second sentence, by striking (C) in the subtitle heading, by striking emergency; or
‘‘$17,000,000’’ and inserting ‘‘$19,000,000’’. ‘‘Route’’ and inserting ‘‘Area’’; ‘‘(ii) $10,000,000;’’;
(d) AMERICA’S AGRICULTURAL HERITAGE (D) in section 291, by striking ‘‘Route’’ and (III) in subparagraph (D), by striking the
PARTNERSHIP.—Section 708(a) of division II of inserting ‘‘Area’’; period at the end and inserting ‘‘; or’’; and
the Omnibus Parks and Public Lands Man- (E) in section 291A(a)— (IV) by adding at the end the following new
agement Act of 1996 (54 U.S.C. 320101 note; (i) in paragraphs (2) and (3), by striking subparagraph:
Public Law 104–333; 110 Stat. 4267; 122 Stat. ‘‘the Great Basin Heritage Route’’ each place ‘‘(E) to provide emergency relief from nat-
824; 134 Stat. 1505) is amended, in the second it appears and inserting ‘‘the Great Basin ural disasters or the negative economic im-
sentence, by striking ‘‘$17,000,000’’ and in- National Heritage Area’’; and pacts of natural disasters, including tem-
serting ‘‘$19,000,000’’. (ii) in paragraph (13), by striking ‘‘a Herit- porary emergency housing, food assistance,
(e) OHIO & ERIE NATIONAL HERITAGE age Route’’ and inserting ‘‘a Heritage Area’’; financial assistance for lost wages, or other
CANALWAY.—Section 810(a) of the Ohio & Erie (F) in section 291B, by striking paragraph immediate needs.’’; and
Canal National Heritage Corridor Act of 1996 (2) and inserting the following: (ii) by adding at the end the following new
(54 U.S.C. 320101 note; Public Law 104–333; 110 ‘‘(2) HERITAGE AREA.—The term ‘Heritage paragraph:
Stat. 4275; 122 Stat. 826; 133 Stat. 778) is Area’ means the Great Basin National Herit- ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN
amended by striking ‘‘$20,000,000’’ and insert- age Area established by section 291C(a).’’; INFRASTRUCTURE PROJECTS.—
ing ‘‘$22,000,000’’. (G) in section 291C— ‘‘(A) IN GENERAL.—Subject to subparagraph
(f) MAURICE D. HINCHEY HUDSON RIVER VAL- (i) in the section heading, by striking (C), notwithstanding any other provision of
LEY NATIONAL HERITAGE AREA.—Section ‘‘ROUTE’’ and inserting ‘‘AREA’’; and law, a State, territory, or Tribal government
909(c) of division II of Public Law 104–333 (54 (ii) in subsection (a), by striking ‘‘Heritage receiving a payment under this section may
U.S.C. 320101 note; 110 Stat. 4280; 122 Stat. Route’’ and inserting ‘‘Heritage Area’’; and use funds provided under such payment for
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824) is amended, in the matter preceding (H) in section 291L(d), in the subsection projects described in subparagraph (B), in-
paragraph (1), by striking ‘‘$15,000,000’’ and heading, by striking ‘‘IN HERITAGE ROUTE’’ cluding, to the extent consistent with guid-
inserting ‘‘$17,000,000’’. and inserting ‘‘IN HERITAGE AREA’’. ance or rules issued by the Secretary or the
(g) MOTORCITIES NATIONAL HERITAGE (2) DESIGNATION OF GREAT BASIN HERITAGE head of a Federal agency to which the Sec-
AREA.—Section 110(a) of the Automobile Na- AREA PARTNERSHIP.—The Great Basin Na- retary has delegated authority pursuant to
tional Heritage Area Act (54 U.S.C. 320101 tional Heritage Area Act (54 U.S.C. 320101 subparagraph (C)(iv)—
note; Public Law 105–355; 112 Stat. 3252; 133 note; Public Law 109–338; 120 Stat. 1824) is ‘‘(i) in the case of a project eligible under
Stat. 778) is amended, in the second sentence, amended by striking ‘‘Great Basin Heritage section 117 of title 23, United States Code, or
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S9682 CONGRESSIONAL RECORD — SENATE December 20, 2022
section 5309 or 6701 of title 49, United States PORTATION’ under title VIII of division J of (B) in subsection (c)—
Code, to satisfy a non-Federal share require- the Infrastructure Investment and Jobs Act. (i) in paragraph (1)—
ment applicable to such a project; and ‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE- (I) in the matter preceding subparagraph
‘‘(ii) in the case of a project eligible for MENTS.— (A), by striking ‘‘paragraphs (3) and (4)’’ and
credit assistance under the TIFIA program ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR inserting ‘‘paragraphs (3), (4), (5), and (6)’’;
under chapter 6 of title 23, United States INFRASTRUCTURE PROJECTS.— (II) by amending subparagraph (C) to read
Code— ‘‘(I) IN GENERAL.—The total amount that a as follows:
‘‘(I) to satisfy a non-Federal share require- State, territory, or Tribal government may ‘‘(C) for the provision of government serv-
ment applicable to such a project; and use from a payment made under this section ices up to an amount equal to the greater
‘‘(II) to repay a loan provided under such for uses described in subparagraph (A) shall of—
program. not exceed the greater of— ‘‘(i) the amount of the reduction in revenue
‘‘(B) PROJECTS DESCRIBED.—A project re- ‘‘(aa) $10,000,000; and of such metropolitan city, nonentitlement
ferred to in subparagraph (A) is any of the ‘‘(bb) 30 percent of such payment. unit of local government, or county due to
following: ‘‘(II) RULE OF APPLICATION.—The spending the COVID–19 public health emergency rel-
‘‘(i) A project eligible under section 117 of limitation under subclause (I) shall not ative to revenues collected in the most re-
title 23, United States Code. apply to any use of funds permitted under cent full fiscal year of the metropolitan city,
‘‘(ii) A project eligible under section 119 of paragraph (1), and any such use of funds shall nonentitlement unit of local government, or
title 23, United States Code. be disregarded for purposes of applying such county to the emergency; or
spending limitation.
‘‘(iii) A project eligible under section 124 of ‘‘(ii) $10,000,000;’’;
‘‘(ii) LIMITATION ON OPERATING EXPENSES.—
title 23, United States Code, as added by the (III) in subparagraph (D), by striking the
Funds provided under a payment made under
Infrastructure Investment and Jobs Act. period at the end and inserting ‘‘; or’’; and
this section shall not be used for operating
‘‘(iv) A project eligible under section 133 of (IV) by adding at the end the following new
expenses of a project described in clauses
title 23, United States Code. subparagraph:
(xx) through (xxiv) of subparagraph (B).
‘‘(v) An activity to carry out section 134 of ‘‘(E) to provide emergency relief from nat-
‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-
title 23, United States Code. cept as otherwise determined by the Sec- ural disasters or the negative economic im-
‘‘(vi) A project eligible under section 148 of retary or the head of a Federal agency to pacts of natural disasters, including tem-
title 23, United States Code. which the Secretary has delegated authority porary emergency housing, food assistance,
‘‘(vii) A project eligible under section 149 pursuant to clause (iv) or provided in this financial assistance for lost wages, or other
of title 23, United States Code. section— immediate needs.’’; and
‘‘(viii) A project eligible under section ‘‘(I) the requirements of section 60102 of (ii) by adding at the end the following new
151(f) of title 23, United States Code, as added the Infrastructure Investment and Jobs Act paragraph:
by the Infrastructure Investment and Jobs shall apply to funds provided under a pay- ‘‘(6) AUTHORITY TO USE FUNDS FOR CERTAIN
Act. ment made under this section that are used INFRASTRUCTURE PROJECTS.—
‘‘(ix) A project eligible under section 165 of pursuant to subparagraph (A) for a project ‘‘(A) IN GENERAL.—Subject to subparagraph
title 23, United States Code. described in clause (xxvi) of subparagraph (B), notwithstanding any other provision of
‘‘(x) A project eligible under section 167 of (B) that relates to broadband infrastructure; law, a metropolitan city, nonentitlement
title 23, United States Code. ‘‘(II) the requirements of titles 23, 40, and unit of local government, or county receiv-
‘‘(xi) A project eligible under section 173 of 49 of the United States Code, title I of the ing a payment under this section may use
title 23, United States Code, as added by the Housing and Community Development Act of funds provided under such payment for
Infrastructure Investment and Jobs Act. 1974 (42 U.S.C. 5301 et seq.), and the National projects described in subparagraph (B) of sec-
‘‘(xii) A project eligible under section 175 Environmental Policy Act of 1969 (42 U.S.C. tion 602(c)(5), including, to the extent con-
of title 23, United States Code, as added by 4321 et. seq) shall apply to funds provided sistent with guidance or rules issued by the
the Infrastructure Investment and Jobs Act. under a payment made under this section Secretary or the head of a Federal agency to
‘‘(xiii) A project eligible under section 176 that are used for projects described in sub- which the Secretary has delegated authority
of title 23, United States Code, as added by paragraph (B); and pursuant to subparagraph (B)(iv)—
the Infrastructure Investment and Jobs Act. ‘‘(III) a State government receiving a pay- ‘‘(i) in the case of a project eligible under
‘‘(xiv) A project eligible under section 202 ment under this section may use funds pro- section 117 of title 23, United States Code, or
of title 23, United States Code. vided under such payment for projects de- section 5309 or 6701 of title 49, United States
‘‘(xv) A project eligible under section 203 of scribed in clauses (i) through (xxvii) of sub- Code, to satisfy a non-Federal share require-
title 23, United States Code. paragraph (B), as applicable, that— ment applicable to such a project; and
‘‘(xvi) A project eligible under section 204 ‘‘(aa) demonstrate progress in achieving a ‘‘(ii) in the case of a project eligible for
of title 23, United States Code. state of good repair as required by the credit assistance under the TIFIA program
‘‘(xvii) A project eligible under the pro- State’s asset management plan under section under chapter 6 of title 23, United States
gram for national infrastructure invest- 119(e) of title 23, United States Code; and Code—
ments (commonly known as the ‘Rebuilding ‘‘(bb) support the achievement of 1 or more ‘‘(I) to satisfy a non-Federal share require-
American Infrastructure with Sustainability performance targets of the State established ment applicable to such a project; and
and Equity (RAISE) grant program’). under section 150 of title 23, United States ‘‘(II) to repay a loan provided under such
‘‘(xviii) A project eligible for credit assist- Code. program.
ance under the TIFIA program under chapter ‘‘(iv) OVERSIGHT.—The Secretary may dele- ‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE-
6 of title 23, United States Code. gate oversight and administration of the re- MENTS.—
‘‘(xix) A project that furthers the comple- quirements described in clause (iii) to the ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR
tion of a designated route of the Appalachian appropriate Federal agency. INFRASTRUCTURE PROJECTS.—
Development Highway System under section ‘‘(v) SUPPLEMENT, NOT SUPPLANT.— ‘‘(I) IN GENERAL.—The total amount that a
14501 of title 40, United States Code. Amounts from a payment made under this metropolitan city, nonentitlement unit of
‘‘(xx) A project eligible under section 5307 section that are used by a State, territory, local government, or county may use from a
of title 49, United States Code. or Tribal government for uses described in payment made under this section for uses de-
‘‘(xxi) A project eligible under section 5309 subparagraph (A) shall supplement, and not scribed in subparagraph (A) shall not exceed
of title 49, United States Code. supplant, other Federal, State, territorial, the greater of—
‘‘(xxii) A project eligible under section 5311 Tribal, and local government funds (as appli- ‘‘(aa) $10,000,000; and
of title 49, United States Code. cable) otherwise available for such uses. ‘‘(bb) 30 percent of such payment.
‘‘(xxiii) A project eligible under section ‘‘(D) REPORTS.—The Secretary, in con- ‘‘(II) RULE OF APPLICATION.—The spending
5337 of title 49, United States Code. sultation with the Secretary of Transpor- limitation under subclause (I) shall not
‘‘(xxiv) A project eligible under section tation, shall provide periodic reports on the apply to any use of funds permitted under
5339 of title 49, United States Code. use of funds by States, territories, and Tribal paragraph (1), and any such use of funds shall
‘‘(xxv) A project eligible under section 6703 governments under subparagraph (A). be disregarded for purposes of applying such
of title 49, United States Code, as added by ‘‘(E) AVAILABILITY.—Funds provided under spending limitation.
the Infrastructure Investment and Jobs Act. a payment made under this section to a ‘‘(ii) LIMITATION ON OPERATING EXPENSES.—
‘‘(xxvi) A project eligible under title I of State, territory, or Tribal government shall Funds provided under a payment made under
the Housing and Community Development remain available for obligation for a use de- this section shall not be used for operating
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Act of 1974 (42 U.S.C. 5301 et seq.). scribed in subparagraph (A) through Decem- expenses of a project described in clauses
‘‘(xxvii) A project eligible under the bridge ber 31, 2024, except that no amount of such (xx) through (xxiv) of section 602(c)(5)(B).
replacement, rehabilitation, preservation, funds may be expended after September 30, ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-
protection, and construction program under 2026.’’; and cept as otherwise determined by the Sec-
paragraph (1) under the heading ‘HIGHWAY IN- (2) in subsection 603— retary or the head of a Federal agency to
FRASTRUCTURE PROGRAM’ under the heading (A) in subsection (a), by inserting ‘‘(except which the Secretary has delegated authority
‘FEDERAL HIGHWAY ADMINISTRATION’ under as provided in subsection (c)(6))’’ after ‘‘De- pursuant to clause (iv) or provided in this
the heading ‘DEPARTMENT OF TRANS- cember 31, 2024’’; and section—
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December 20, 2022 CONGRESSIONAL RECORD — SENATE S9683
‘‘(I) the requirements of section 60102 of coronavirus emergency, including any ex- ‘‘(ii) Amounts made available to the Sec-
the Infrastructure Investment and Jobs Act penses necessary to implement any provision retary under section 102(d)(4) of the State,
shall apply to funds provided under a pay- of— Local, Tribal, and Territorial Fiscal Recov-
ment made under this section that are used (A) the Coronavirus Aid, Relief, and Eco- ery, Infrastructure, and Disaster Relief
pursuant to subparagraph (A) for a project nomic Security Act (Public Law 116–136); Flexibility Act.’’.
described in clause (xxvi) of section (B) division N of the Consolidated Appro- (b) CONFORMING AMENDMENTS.—Section 605
602(c)(5)(B) that relates to broadband infra- priations Act, 2021 (Public Law 116–260); of the Social Security Act (42 U.S.C. 805), as
structure; and (C) the American Rescue Plan Act (Public amended by subsection (a), is further amend-
‘‘(II) the requirements of titles 23, 40, and Law 117–2); or ed—
49 of the United States Code, title I of the (D) title VI of the Social Security Act (42 (1) in subsection (a), by inserting ‘‘, subject
Housing and Community Development Act of U.S.C. 801 et seq.). to subsection (g),’’ after ‘‘obligated’’;
1974 (42 U.S.C. 5301 et seq.), and the National (3) PROVISIONS SPECIFIED.—The provisions (2) in subsection (c), by striking ‘‘or an eli-
Environmental Policy Act of 1969 (42 U.S.C. specified in this paragraph are the following: gible Tribal government’’ and inserting ‘‘, an
4321 et. seq) shall apply to funds provided (A) Amounts made available under section eligible Tribal government, or an eligible
under a payment made under this section 4027(a) of the Coronavirus Aid, Relief, and revenue sharing consolidated government’’;
that are used for projects described in sec- Economic Security Act (15 U.S.C. 9061(a)) to (3) in subsections (d) and (e), by inserting
tion 602(c)(5)(B). pay costs and administrative expenses under ‘‘or eligible revenue sharing consolidated
‘‘(iv) OVERSIGHT.—The Secretary may dele- section 4003(f) of such Act (15 U.S.C. 9042(f))) government’’ after ‘‘eligible revenue sharing
gate oversight and administration of the re- and amounts made available by section county’’ each place it appears; and
quirements described in clause (iii) to the 4120(a) of the Coronavirus Aid, Relief, and (4) in subsection (f)—
appropriate Federal agency. Economic Security Act (15 U.S.C. 9080) to (A) by redesignating paragraphs (1)
‘‘(v) SUPPLEMENT, NOT SUPPLANT.— pay costs and administrative expenses under through (4) as paragraphs (2) through (5), re-
Amounts from a payment made under this section 4112(b) of such Act (15 U.S.C. 9072(b)) spectively; and
section that are used by a metropolitan city, (after application of the amendments made (B) by inserting before paragraph (2) (as so
nonentitlement unit of local government, or by paragraph (1) of this subsection). redesignated) the following new paragraph:
county for uses described in subparagraph (B) Section 421(f)(2) of division N of the ‘‘(1) ELIGIBLE REVENUE SHARING CONSOLI-
(A) shall supplement, and not supplant, Consolidated Appropriations Act, 2021 (Pub- DATED GOVERNMENT.—The term ‘eligible rev-
other Federal, State, territorial, Tribal, and lic Law 116–260). enue sharing consolidated government’
local government funds (as applicable) other- (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and means a county, parish, or borough—
wise available for such uses. 7301(b)(5) of the American Rescue Plan Act of ‘‘(A) that has been classified by the Bureau
‘‘(C) REPORTS.—The Secretary, in consulta- 2021 (Public Law 117–2). of the Census as an active government con-
tion with the Secretary of Transportation, (D) Section 602(a)(2) of the Social Security solidated with another government; and
shall provide periodic reports on the use of Act (42 U.S.C. 802(a)(2)). ‘‘(B) for which, as determined by the Sec-
funds by metropolitan cities, nonentitlement (4) PAYMENTS TO ELIGIBLE REVENUE SHARING retary, there is a negative revenue impact
units of local government, or counties under CONSOLIDATED GOVERNMENTS.—Of amounts due to implementation of a Federal program
subparagraph (A). made available under paragraph (2), up to or changes to such program.’’.
‘‘(D) AVAILABILITY.—Funds provided under $10,600,000 shall be available to the Secretary SEC. 104. EXTENSION OF AVAILABILITY OF
a payment made under this section to a met- (in addition to any other appropriations pro- CORONAVIRUS RELIEF FUND PAY-
ropolitan city, nonentitlement unit of local vided for such purpose) for making payments MENTS TO TRIBAL GOVERNMENTS.
government, or county shall remain avail- to eligible revenue sharing consolidated gov- Section 601(d)(3) of the Social Security Act
able for obligation for a use described in sub- ernments under subsection (g) of section 605 (42 U.S.C. 801(d)(3)) is amended by inserting
paragraph (A) through December 31, 2024, ex- of the Social Security Act (42 U.S.C. 805), as ‘‘(or, in the case of costs incurred by a Tribal
cept that no amount of such funds may be added by section 103 of this Act. government, during the period that begins
expended after September 30, 2026.’’. on March 1, 2020, and ends on December 31,
(b) TECHNICAL AMENDMENTS.—Sections SEC. 103. ALLOWING PAYMENTS TO ELIGIBLE
2022)’’ before the period.
602(c)(3) and 603(c)(3) of title VI of the Social REVENUE SHARING CONSOLIDATED
GOVERNMENTS FROM LOCAL AS- SEC. 105. RESCISSION OF CORONAVIRUS RELIEF
Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are SISTANCE AND TRIBAL CONSIST- AND RECOVERY FUNDS DECLINED
each amended by striking ‘‘paragraph (17) ENCY FUND. BY STATES, TERRITORIES, OR
of’’. OTHER GOVERNMENTAL ENTITIES.
(c) GUIDANCE AND EFFECTIVE DATE.— (a) IN GENERAL.—Section 605 of the Social Title VI of the Social Security Act (42
(1) GUIDANCE OR RULE.—Within 60 days of Security Act (42 U.S.C. 805) is amended by U.S.C. 801 et seq.) is amended by adding at
the date of enactment of this Act, the Sec- adding at the end the following new sub- the end the following new section:
retary of the Treasury, in consultation with section: ‘‘SEC. 606. RESCISSION OF FUNDS DECLINED BY
the Secretary of Transportation, shall issue ‘‘(g) PAYMENTS TO ELIGIBLE REVENUE SHAR- STATES, TERRITORIES, OR OTHER
guidance or promulgate a rule to carry out ING CONSOLIDATED GOVERNMENTS.— GOVERNMENTAL ENTITIES.
the amendments made by this section, in- ‘‘(1) PAYMENTS TO ELIGIBLE REVENUE SHAR- ‘‘(a) RESCISSION.—
cluding updating reporting requirements on ING CONSOLIDATED GOVERNMENTS FOR FISCAL ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
the use of funds under this section. YEARS 2023 AND 2024.—The Secretary shall allo- and (3), if a State, territory, or other govern-
(2) EFFECTIVE DATE.—The amendments cate and pay to each eligible revenue sharing mental entity provides notice to the Sec-
made by this section shall take effect upon consolidated government for each of fiscal retary of the Treasury in the manner pro-
the issuance of guidance or the promulgation years 2023 and 2024 an amount equal to the vided by the Secretary of the Treasury that
of a rule described in paragraph (1). amount that the Secretary would have allo- the State, territory, or other governmental
(d) DEPARTMENT OF THE TREASURY ADMINIS- cated to such eligible revenue sharing con- entity intends to decline all or a portion of
TRATIVE EXPENSES.— solidated government for fiscal year 2022 if the amounts that are to be awarded to the
(1) REDUCTION OF FUNDS AVAILABLE FOR AD- all eligible revenue sharing consolidated gov- State, territory, or other governmental enti-
MINISTRATIVE EXPENSES.—Title IV of division ernments had been treated as eligible rev- ty from funds appropriated under this title,
A of the Coronavirus Aid, Relief, and Eco- enue sharing counties for purposes of being an amount equal to the unaccepted amounts
nomic Security Act (Public Law 116–136) is eligible for payments under subsection (b)(1) or portion of such amounts allocated by the
amended— for such fiscal year using the allocation Secretary of the Treasury as of the date of
(A) in section 4003(f), by striking methodology adopted by the Department of such notice that would have been awarded to
‘‘$100,000,000’’ and inserting ‘‘61,000,000’’; and the Treasury for such eligible revenue shar- the State, territory, or other governmental
(B) in section 4112(b), by striking ing counties as of the date of enactment of entity shall be rescinded from the applicable
‘‘$100,000,000’’ and inserting ‘‘$67,000,000’’. this subsection. appropriation account.
(2) AUTHORITY.—Notwithstanding any ‘‘(2) FUNDING FOR PAYMENTS.— ‘‘(2) EXCLUSION.—Paragraph (1) shall not
other provision of law, the unobligated bal- ‘‘(A) IN GENERAL.—The Secretary shall apply with respect to funds that are to be
ances from amounts made available to the make the allocations and payments de- paid to a State under section 603 for distribu-
Secretary of the Treasury (referred to in this scribed in paragraph (1) from the amounts tion to nonentitlement units of local govern-
subsection as the ‘‘Secretary’’) for adminis- described in subparagraph (B), which shall be ment.
trative expenses pursuant to the provisions available to the Secretary for such purpose ‘‘(3) RULES OF CONSTRUCTION.—Paragraph
specified in paragraph (3) shall be available notwithstanding any other provision of law. (1) shall not be construed as—
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to the Secretary (in addition to any other ‘‘(B) AMOUNTS DESCRIBED.—The amounts ‘‘(A) preventing a sub-State governmental
appropriations provided for such purpose) for described in this subparagraph are the fol- entity, including a nonentitlement unit of
the purpose described in paragraph (4) (sub- lowing: local government, from notifying the Sec-
ject to the limitation in such paragraph) and ‘‘(i) Any amount allocated to an eligible retary of the Treasury that the sub-State
for administrative expenses of the Depart- revenue sharing county under subsection governmental entity intends to decline all or
ment of the Treasury, except for the Internal (b)(1) for fiscal year 2022 or 2023 that, as of a portion of the amounts that a State may
Revenue Service, determined by the Sec- January 31, 2023, has not been requested by distribute to the entity from funds appro-
retary to be necessary to respond to the such county. priated under this title; or
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S9684 CONGRESSIONAL RECORD — SENATE December 20, 2022
‘‘(B) allowing a State to prohibit or other- Sec. 202. H–2A program requirements. the date of the enactment of this Act and
wise prevent a sub-State governmental enti- Sec. 203. Agency roles and responsibilities. until the date on which the alien is granted
ty from providing such a notice. Sec. 204. Worker protection and compliance. certified agricultural worker status; and
‘‘(b) USE FOR DEFICIT REDUCTION.— Sec. 205. Report on wage protections. (D) is not otherwise ineligible for certified
Amounts rescinded under subsection (a) shall Sec. 206. Portable H–2A visa pilot program. agricultural worker status as provided in
be deposited in the general fund of the Treas- Sec. 207. Improving access to permanent res- subsection (b).
ury for the sole purpose of deficit reduction. idence. (2) DEPENDENT SPOUSE AND CHILDREN.—The
‘‘(c) STATE OR OTHER GOVERNMENTAL ENTI- Subtitle B—Preservation and Construction Secretary may grant certified agricultural
TY DEFINED.—In this section, the term dependent status to the spouse or child of an
of Farm Worker Housing
‘State, territory, or other governmental en- alien granted certified agricultural worker
tity’ means any entity to which a payment Sec. 220. Short title.
status under paragraph (1) if the spouse or
may be made directly to the entity under Sec. 221. New farm worker housing.
child is not ineligible for certified agricul-
this title other than a Tribal government, as Sec. 222. Loan and grant limitations.
tural dependent status as provided in sub-
defined in sections 601(g), 602(g), and 604(d), Sec. 223. Operating assistance subsidies.
section (b).
and an eligible Tribal government, as defined Sec. 224. Rental assistance contract author-
ity. (b) GROUNDS FOR INELIGIBILITY.—
in section 605(f).’’. (1) GROUNDS OF INADMISSIBILITY.—Except as
--- Sec. 225. Eligibility for rural housing vouch-
ers. provided in paragraph (3), an alien is ineli-
SA 6589. Mr. BENNET submitted an gible for certified agricultural worker or cer-
amendment intended to be proposed to Sec. 226. Permanent establishment of hous-
ing preservation and revitaliza- tified agricultural dependent status if the
amendment SA 6552 proposed by Mr. tion program. Secretary determines that the alien is inad-
LEAHY to the bill H.R. 2617, to amend Sec. 227. Amount of voucher assistance. missible under section 212(a) of the Immigra-
section 1115 of title 31, United States Sec. 228. Funding for multifamily technical tion and Nationality Act (8 U.S.C. 1182(a)),
Code, to amend the description of how improvements. except that in determining inadmissibility—
performance goals are achieved, and Sec. 229. Plan for preserving affordability of (A) paragraphs (4), (5), (7), and (9)(B) of
rental projects. such section shall not apply;
for other purposes; which was ordered
Sec. 230. Covered housing programs. (B) subparagraphs (A), (C), (D), (F), and (G)
to lie on the table; as follows: of such section 212(a)(6) and paragraphs (9)(C)
Sec. 231. Eligibility of certified workers.
At the end, add the following: and (10)(B) of such section 212(a) shall not
DIVISION KK—AFFORDABLE AND SECURE Subtitle C—Foreign Labor Recruiter apply unless based on the act of unlawfully
FOOD ACT OF 2022 Accountability entering the United States after the date of
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 251. Definitions. the enactment of this Act; and
(a) SHORT TITLE.—This division may be Sec. 252. Registration of foreign labor re- (C) paragraphs (6)(B) and (9)(A) of such sec-
cited as the ‘‘Affordable and Secure Food Act cruiters. tion 212(a) shall not apply unless the rel-
of 2022’’. Sec. 253. Enforcement. evant conduct began on or after the date of
(b) TABLE OF CONTENTS.—The table of con- Sec. 254. Authorization of appropriations. filing of the application for certified agricul-
tents for this division is as follows: TITLE III—ELECTRONIC VERIFICATION tural worker status.
DIVISION KK—AFFORDABLE AND OF EMPLOYMENT ELIGIBILITY (2) ADDITIONAL CRIMINAL BARS.—Except as
SECURE FOOD ACT OF 2022 Sec. 301. Electronic employment eligibility provided in paragraph (3), an alien is ineli-
verification system. gible for certified agricultural worker status
Sec. 1. Short title; table of contents.
Sec. 302. Mandatory electronic verification or certified agricultural dependent status if
TITLE I—SECURING THE DOMESTIC the Secretary determines that (other than
AGRICULTURAL WORKFORCE for the agricultural industry.
Sec. 303. Coordination with E–Verify Pro- any offense under State law for which an es-
Subtitle A—Temporary Status for Certified sential element is the alien’s immigration
gram.
Agricultural Workers status, simple possession of cannabis or can-
Sec. 304. Fraud and misuse of documents.
Sec. 101. Certified agricultural worker sta- Sec. 305. Technical and conforming amend- nabis-related paraphernalia, any offense in-
tus. ments. volving cannabis or cannabis-related para-
Sec. 102. Terms and conditions of certified Sec. 306. Protection of Social Security Ad- phernalia which is no longer prosecutable in
status. ministration programs. the State in which the conviction was en-
Sec. 103. Extensions of certified status. Sec. 307. Report on the implementation of tered, any offense involving civil disobe-
Sec. 104. Determination of continuous pres- dience without violence, and any minor traf-
the electronic employment
ence. fic offense) the alien has been convicted of—
verification system.
Sec. 105. Employer obligations. (A) any felony offense;
Sec. 106. Administrative and judicial review. Sec. 308. Modernizing and streamlining the
employment eligibility (B) an aggravated felony (as defined in sec-
Subtitle B—Optional Earned Residence for verification process. tion 101(a)(43) of the Immigration and Na-
Long-Term Workers Sec. 309. Rulemaking; Paperwork Reduction tionality Act (8 U.S.C. 1101(a)(43)) at the
Sec. 111. Optional adjustment of status for Act. time of the conviction);
long-term agricultural workers. (C) 2 misdemeanor offenses involving
TITLE I—SECURING THE DOMESTIC moral turpitude (as described in section
Sec. 112. Payment of taxes.
Sec. 113. Adjudication and decision; review. AGRICULTURAL WORKFORCE 212(a)(2)(A)(i)(I) of the Immigration and Na-
Subtitle C—General Provisions Subtitle A—Temporary Status for Certified tionality Act (8 U.S.C. 1182(a)(2)(A)(i)(I))),
Agricultural Workers unless an offense is waived by the Secretary
Sec. 121. Definitions.
Sec. 122. Rulemaking; Fees. SEC. 101. CERTIFIED AGRICULTURAL WORKER under paragraph (3)(B); or
Sec. 123. Background checks. STATUS. (D) 3 or more misdemeanor offenses not oc-
Sec. 124. Protection for children. (a) REQUIREMENTS FOR CERTIFIED AGRICUL- curring on the same date, and not arising out
Sec. 125. Limitation on removal. TURAL WORKER STATUS.— of the same act, omission, or scheme of mis-
Sec. 126. Documentation of agricultural (1) PRINCIPAL ALIENS.—The Secretary may conduct.
work history. grant certified agricultural worker status to (3) WAIVERS FOR CERTAIN GROUNDS OF INAD-
Sec. 127. Employer protections. an alien who submits a completed applica- MISSIBILITY.—For humanitarian purposes,
Sec. 128. Correction of social security tion, including the required processing fees, family unity, or if otherwise in the public in-
records; conforming amend- before the end of the period set forth in sub- terest, the Secretary may waive the grounds
ments. section (c) and who— of inadmissibility under—
Sec. 129. Disclosures and privacy. (A) performed agricultural labor or serv- (A) paragraph (1), (6)(E), or (10)(D) of sec-
Sec. 130. Penalties for false statements in ices in the United States for at least 1,035 tion 212(a) of the Immigration and Nation-
applications. hours (or 180 work days) during the 2-year ality Act (8 U.S.C. 1182(a)); or
Sec. 131. Dissemination of information. period preceding the date of the enactment (B) subparagraphs (A) and (D) of section
Sec. 132. Exemption from numerical limita- of this Act; 212(a)(2) of the Immigration and Nationality
tions. (B) on the date of the enactment of this Act (8 U.S.C. 1182(a)(2)), unless inadmis-
Sec. 133. Reports to Congress. sibility is based on a conviction that would
Act—
Sec. 134. Grant program to assist eligible ap- otherwise render the alien ineligible under
(i) is inadmissible or deportable from the
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plicants. subparagraph (A), (B), or (D) of paragraph
Sec. 135. Authorization of appropriations. United States; or
(ii) is under a grant of deferred enforced de- (2).
TITLE II—ENSURING AN AGRICULTURAL parture, has been paroled into the United (c) APPLICATION.—
WORKFORCE FOR THE FUTURE States, or has temporary protected status (1) APPLICATION PERIOD.—Except as pro-
Subtitle A—Reforming the H–2A Temporary under section 244 of the Immigration and Na- vided in paragraph (2), the Secretary shall
Worker Program tionality Act (8 U.S.C. 1254a); accept initial applications for certified agri-
Sec. 201. Comprehensive and streamlined (C) subject to section 104, has been con- cultural worker status during the 18-month
electronic H–2A platform. tinuously present in the United States since period beginning on the date on which the
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