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Home Source documents Congressional Record, Senate, August 5, 2021, Page S5976

Congressional Record, Senate, August 5, 2021, Page S5976

Summary

A page of the Congressional Record, Senate, dated August 5, 2021, at page S5976, carrying amendment text intended to be proposed to amendment SA 2137 to H.R. 3684. The text, in division F under the heading Regulation of Pole Attachments, would amend section 224 of the Communications Act of 1934 (47 U.S.C. 224) to define broadband service and to set rules on the replacement of poles. It provides that a utility may not unreasonably withhold consent to designate qualified contractors and that an attaching entity may engage contractors to complete make-ready work if the utility cannot meet a deadline.

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“Congressional Record, Senate, August 5, 2021, Page S5976.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2021-08-05-crec-2021-08-05-pt1-pgs5976-2-10cc1872ea/, SHA-256 bb93587f794de6e36833c8a2b58782b781fc16b5dc38e71a40c7c17383db9c5c.

Full text

                                               S5976                                             CONGRESSIONAL RECORD — SENATE                                                          August 5, 2021
                                               to authorize funds for Federal-aid high-                form replacement of a pole under subsection            Ms. CORTEZ MASTO, Ms. LUMMIS, Mrs.
                                               ways, highway safety programs, and                      (f)(2)(B) if the utility is unable to comply           MURRAY, Mr. TILLIS, Mr. CASEY, Ms.
                                               transit programs, and for other pur-                    with the deadline under clause (i) of this sub-        CANTWELL, Mr. KENNEDY, and Mr.
                                                                                                       paragraph;
                                               poses; which was ordered to lie on the                                                                         YOUNG) submitted an amendment in-
                                                                                                          ‘‘(iii) prohibit a utility from unreasonably
                                               table; as follows:                                      withholding consent to designate, in accord-           tended to be proposed to amendment
                                                 At the appropriate place in division F, in-           ance with clause (ii), contractors proposed            SA 2137 proposed by Mr. SCHUMER (for
                                               sert the following:                                     by the attaching entity that are qualified             Ms. SINEMA (for herself, Mr. PORTMAN,
                                               SEC. lllll. REGULATION OF POLE ATTACH-                  and authorized to safely perform replace-              Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-
                                                        MENTS.
                                                                                                       ment of a pole under subsection (f)(2)(B); and         HEEN, Ms. COLLINS, Mr. TESTER, Ms.
                                                  Section 224 of the Communications Act of                ‘‘(iv) provide that an attaching entity
                                               1934 (47 U.S.C. 224) is amended—                                                                               MURKOWSKI, Mr. WARNER, and Mr. ROM-
                                                                                                       may—                                                   NEY)) to the bill H.R. 3684, to authorize
                                                  (1) in subsection (a), by adding at the end             ‘‘(I) engage and direct contractors that are
                                               the following:                                                                                                 funds for Federal-aid highways, high-
                                                                                                       qualified and authorized to safely perform
                                                  ‘‘(6) The term ‘broadband service’ has the                                                                  way safety programs, and transit pro-
                                                                                                       replacement of a pole under subsection
                                               meaning given the term ‘broadband internet                                                                     grams, and for other purposes; which
                                                                                                       (f)(2)(B) designated by the utility to com-
                                               access service’ in section 8.1 of title 47, Code                                                               was ordered to lie on the table; as fol-
                                                                                                       plete any make-ready work if the utility is
                                               of Federal Regulations, or any successor reg-
                                               ulation.’’;
                                                                                                       unable to complete the work by the deadline            lows:
                                                                                                       under clause (i) of this subparagraph; and               At the appropriate place in division I, in-
                                                  (2) in subsection (b), by adding at the end
                                                                                                          ‘‘(II) recover from the utility any costs re-       sert the following:
                                               the following:
                                                  ‘‘(3) Not later than 180 days after the date         lated to work completed under subclause (I)            SEC. ll. AUTHORITY TO USE CORONAVIRUS RE-
                                               of enactment of this paragraph, the Commis-             for which the utility is responsible.’’; and                      LIEF FUNDS FOR INFRASTRUCTURE
                                               sion shall prescribe regulations that—                     (3) in subsection (f), by striking paragraph                   PROJECTS.
                                                  ‘‘(A) include an expedited complaint and             (2) and inserting the following:                         (a) IN GENERAL.—Title VI of the Social Se-
                                               dispute resolution process to resolve, in not              ‘‘(2)(A) Notwithstanding paragraph (1), and         curity Act (42 U.S.C. 801 et seq.) is amend-
                                               more than 90 days, disagreements involving              subject to subparagraph (B) of this para-              ed—
                                               access to poles for purposes of providing               graph, a utility providing electric service              (1) in section 602—
                                               broadband service, including pole replace-              may deny a cable television system or any                (A) in subsection (a)(1), by inserting ‘‘(ex-
                                               ments and the terms, conditions, and                    telecommunications carrier access to its               cept as provided in subsection (c)(4))’’ after
                                               charges for pole replacements;                          poles, ducts, conduits, or rights-of-way, on a         ‘‘December 31, 2024’’; and
                                                  ‘‘(B) provide that the pendency of an ap-            non-discriminatory basis for reasons of rea-             (B) in subsection (c)—
                                               peal from any decision in favor of an attach-           sons of safety, reliability, and generally ap-           (i) in paragraph (1), in the matter pre-
                                               ing entity shall not prevent the attaching              plicable engineering purposes.                         ceding subparagraph (A), by striking ‘‘para-
                                               entity from proceeding with any disputed at-               ‘‘(B) If a utility denies access to a cable         graph (3)’’ and inserting ‘‘paragraphs (3) and
                                               tachment; and                                           television system or telecommunications                (4)’’; and
                                                  ‘‘(C) provide that the regulations pre-              carrier under subparagraph (A), upon the re-             (ii) by adding at the end the following new
                                               scribed under this paragraph take prece-                quest of the cable television system or tele-          paragraph:
                                               dence, when in conflict, over any agreement             communications carrier, the utility shall on             ‘‘(4) AUTHORITY TO USE FUNDS FOR CERTAIN
                                               between a utility and an attaching entity en-           a nondiscriminatory basis expand the capac-            INFRASTRUCTURE PROJECTS.—
                                               tered into before the date on which the regu-           ity of, or replace, any pole, duct, conduit, or          ‘‘(A) IN GENERAL.—Subject to subparagraph
                                               lations are prescribed.                                 right-of-way owned or controlled by the util-          (C), notwithstanding any other provision of
                                                  ‘‘(4) Not later than 180 days after the date         ity to enable the requesting entity to pro-            law, a State, territory, or Tribal government
                                               of enactment of this paragraph, the Commis-             vide broadband service if the requesting enti-         receiving a payment under this section may
                                               sion shall prescribe regulations to govern the          ty agrees to pay a proportionate share of the          use funds provided under such payment for
                                               charges for any pole attachments used by                costs of the expansion or replacement in ac-           projects described in subparagraph (B), in-
                                               any entity, in whole or in part, to provide             cordance with the regulations prescribed by            cluding—
                                               broadband service that—                                 the Commission under subsection (b)(4).’’.               ‘‘(i) in the case of a project receiving a
                                                  ‘‘(A) ensure that a charge for the replace-                                                                 grant under section 117 of title 23, United
                                               ment of a pole shall not be considered just               SA 2601. Ms. DUCKWORTH (for her-                     States Code, or section 5309 or 6701 of title 49,
                                               and reasonable unless—                                  self and Ms. LUMMIS) submitted an                      United States Code, to satisfy a non-Federal
                                                  ‘‘(i) the responsibility of the attaching en-        amendment intended to be proposed to                   share requirement applicable to such a
                                               tity is limited to compensating the utility             amendment SA 2137 proposed by Mr.                      project; and
                                               for—                                                    SCHUMER (for Ms. SINEMA (for herself,                    ‘‘(ii) in the case of a project receiving cred-
                                                  ‘‘(I) the remaining accounting value of the          Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-                     it assistance under the TIFIA program under
                                               pole being replaced;                                                                                           chapter 6 of title 23, United States Code—
                                                                                                       SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                                  ‘‘(II) any incremental costs from increas-                                                                    ‘‘(I) to satisfy a non-Federal share require-
                                               ing the capacity of the pole; and                       TESTER, Ms. MURKOWSKI, Mr. WARNER,                     ment applicable to such a project; and
                                                  ‘‘(III) any costs of advancing the replace-          and Mr. ROMNEY)) to the bill H.R. 3684,                  ‘‘(II) to repay a loan provided under such
                                               ment of the pole by its remaining service               to authorize funds for Federal-aid high-               program.
                                               life, as measured by the difference between             ways, highway safety programs, and                       ‘‘(B) PROJECTS DESCRIBED.—A project re-
                                               the age of the pole and the utility’s average           transit programs, and for other pur-                   ferred to in subparagraph (A) is any of the
                                               service life for a pole; and                            poses; which was ordered to lie on the                 following:
                                                  ‘‘(ii) any recovery by the utility of its            table; as follows:                                       ‘‘(i) A project that receives a grant under
                                               share of such costs through recurring rates                                                                    section 117 of title 23, United States Code.
                                               excludes amounts recovered through non-re-                At the appropriate place in title III of divi-         ‘‘(ii) A project eligible under section 119 of
                                               curring charges to attaching entities per-              sion B, insert the following:                          title 23, United States Code.
                                               mitted under this subsection, including                 SEC. 230ll. UNIVERSAL ELECTRONIC VEHICLE                 ‘‘(iii) A project eligible under section 124 of
                                                                                                                  IDENTIFIER.
                                               under clause (i), and through depreciation;                                                                    title 23, United States Code, as added by the
                                               and                                                       Not later than 4 years after the date of en-         Infrastructure Investment and Jobs Act.
                                                  ‘‘(B) ensure that terms and conditions for           actment of this Act, the Secretary shall                 ‘‘(iv) A project eligible under section 133 of
                                               pole attachments—                                       issue a final regulation that requires a com-          title 23, United States Code.
                                                  ‘‘(i) require all work to facilitate replace-        mercial motor vehicle manufactured after                 ‘‘(v) An activity to carry out section 134 of
                                               ment of a pole under subsection (f)(2)(B) to            the effective date of such regulation to be            title 23, United States Code.
                                               be completed by the utility or its designee             equipped with a universal electronic vehicle             ‘‘(vi) A project eligible under section 148 of
                                               not later than 90 days after the receipt by             identifier that provides a single point of             title 23, United States Code.
                                               the utility, from the attaching entity, of a            data, such as the Vehicle Identification                 ‘‘(vii) A project eligible under section 149
                                               complete application and payment con-                   Number, that—                                          of title 23, United States Code.
                                               sistent with regulations implemented under                (1) identifies the vehicle for compliance,             ‘‘(viii) A project eligible under section 151
                                               paragraph (3) of this subsection, unless the            inspection, or enforcement purposes;                   of title 23, United States Code, as added by




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                                               Commission finds that unforeseeable exigent               (2) does not transmit personally identifi-           the Infrastructure Investment and Jobs Act.
                                               circumstances prevent completion of com-                able information regarding operators; and                ‘‘(ix) A project eligible under section 165 of
                                               plex make-ready projects within that period,              (3) does not create an undue cost burden             title 23, United States Code.
                                               in which case the work shall be completed               for operators and carriers.                              ‘‘(x) A project eligible under section 167 of
                                               not later than 120 days after the receipt of                                                                   title 23, United States Code.
                                               the complete application and payment;                    SA 2602. Mr. CORNYN (for himself,                       ‘‘(xi) A project eligible under section 173 of
                                                  ‘‘(ii) require a utility to designate contrac-       Mr. PADILLA, Mr. LUJÁN, Ms. HASSAN,                   title 23, United States Code, as added by the
                                               tors qualified and authorized to safely per-            Ms. BALDWIN, Mr. WICKER, Mr. KELLY,                    Infrastructure Investment and Jobs Act.




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                                               August 5, 2021                                    CONGRESSIONAL RECORD — SENATE                                                                      S5977
                                                 ‘‘(xii) A project eligible under section 175            ‘‘(II) the requirements of titles 23, 40, and        this section shall not be used for operating
                                               of title 23, United States Code, as added by            49 of the United States Code, title I of the           expenses of a project described in clauses
                                               the Infrastructure Investment and Jobs Act.             Housing and Community Development Act of               (xx) through (xxiv) of section 602(c)(4)(B).
                                                 ‘‘(xiii) A project eligible under section 176         1974 (42 U.S.C. 5301 et seq.), and the National          ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-
                                               of title 23, United States Code, as added by            Environmental Policy Act of 1969 (42 U.S.C.            cept as otherwise provided in this section—
                                               the Infrastructure Investment and Jobs Act.             4321 et. seq) shall apply to funds provided              ‘‘(I) the requirements of section 60102 of
                                                 ‘‘(xiv) A project eligible under section 202          under a payment made under this section                the Infrastructure Investment and Jobs Act
                                               of title 23, United States Code.                        that are used for projects described in sub-           shall apply to funds provided under a pay-
                                                 ‘‘(xv) A project eligible under section 203 of        paragraph (B); and                                     ment made under this section that are used
                                               title 23, United States Code.                             ‘‘(III) a State government receiving a pay-          pursuant to subparagraph (A) for a project
                                                 ‘‘(xvi) A project eligible under section 204          ment under this section may use funds pro-             described in clause (xxvi) of section
                                               of title 23, United States Code.                        vided under such payment for projects de-              602(c)(4)(B) that relates to broadband infra-
                                                 ‘‘(xvii) A project that receives a grant              scribed in clauses (i) through (xxvii) of sub-         structure; and
                                               under the program for national infrastruc-              paragraph (B), as applicable, that—                      ‘‘(II) the requirements of titles 23, 40, and
                                               ture investments (commonly known as the                   ‘‘(aa) demonstrate progress in achieving a           49 of the United States Code, title I of the
                                               ‘Rebuilding American Infrastructure with                state of good repair as required by the                Housing and Community Development Act of
                                               Sustainability and Equity (RAISE) grant                 State’s asset management plan under section            1974 (42 U.S.C. 5301 et seq.), and the National
                                               program’).                                              119(e) of title 23, United States Code; and            Environmental Policy Act of 1969 (42 U.S.C.
                                                                                                         ‘‘(bb) support the achievement of 1 or more          4321 et. seq) shall apply to funds provided
                                                 ‘‘(xviii) A project that receives credit as-
                                                                                                       performance targets of the State established           under a payment made under this section
                                               sistance under the TIFIA program under
                                                                                                       under section 150 of title 23, United States           that are used for projects described in sec-
                                               chapter 6 of title 23, United States Code.
                                                                                                       Code.                                                  tion 602(c)(4)(B).
                                                 ‘‘(xix) A project that furthers the comple-
                                                                                                         ‘‘(iv) OVERSIGHT.—The Secretary may dele-              ‘‘(iv) OVERSIGHT.—The Secretary may dele-
                                               tion of a designated route of the Appalachian
                                                                                                       gate oversight and administration of the re-           gate oversight and administration of the re-
                                               Development Highway System under section
                                                                                                       quirements described in clause (iii) to the            quirements described in clause (iii) to the
                                               14501 of title 40, United States Code.
                                                                                                       appropriate Federal agency.                            appropriate Federal agency.
                                                 ‘‘(xx) A project that receives a grant under            ‘‘(D) AVAILABILITY.—Funds provided under               ‘‘(C) AVAILABILITY.—Funds provided under
                                               section 5307 of title 49, United States Code.           a payment made under this section to a                 a payment made under this section to a met-
                                                 ‘‘(xxi) A project that receives a grant               State, territory, or Tribal government shall           ropolitan city, nonentitlement unit of local
                                               under section 5309 of title 49, United States           remain available for obligation for a use de-          government, or county shall remain avail-
                                               Code.                                                   scribed in subparagraph (A) through Decem-             able for obligation for a use described in sub-
                                                 ‘‘(xxii) A project that receives a grant              ber 31, 2024, except that no amount of such            paragraph (A) through December 31, 2024, ex-
                                               under section 5311 of title 49, United States           funds may be expended after September 30,              cept that no amount of such funds may be
                                               Code.                                                   2026.’’; and                                           expended after September 30, 2026.’’.
                                                 ‘‘(xxiii) A project that receives a grant               (2) in subsection 603—                                 (b)     TECHNICAL     AMENDMENTS.—Sections
                                               under section 5337 of title 49, United States             (A) in subsection (a), by inserting ‘‘(except        602(c)(3) and 603(c)(3) of title VI of the Social
                                               Code.                                                   as provided in subsection (c)(5))’’ after ‘‘De-        Security Act (42 U.S.C. 802(c)(3), 803(c)(3)) are
                                                 ‘‘(xxiv) A project that receives a grant              cember 31, 2024’’; and                                 each amended by striking ‘‘paragraph (17)
                                               under section 5339 of title 49, United States             (B) in subsection (c)—                               of’’.
                                               Code.                                                     (i) in paragraph (1), in the matter pre-               (c) GUIDANCE AND EFFECTIVE DATE.—
                                                 ‘‘(xxv) A project that receives a grant               ceding subparagraph (A), by striking ‘‘para-             (1) GUIDANCE OR RULE.—Within 60 days of
                                               under section 6703 of title 49, United States           graphs (3) and (4)’’ and inserting ‘‘paragraphs        the date of enactment of this Act, the Sec-
                                               Code, as added by the Infrastructure Invest-            (3), (4), and (5)’’; and                               retary of the Treasury, in consultation with
                                               ment and Jobs Act.                                        (ii) by adding at the end the following new          the Secretary of Transportation, shall issue
                                                 ‘‘(xxvi) A project that receives a grant              paragraph:                                             guidance or promulgate a rule to carry out
                                               under title I of the Housing and Community                ‘‘(5) AUTHORITY TO USE FUNDS FOR CERTAIN             this section.
                                               Development Act of 1974 (42 U.S.C. 5301 et              INFRASTRUCTURE PROJECTS.—                                (2) EFFECTIVE DATE.—The amendments
                                               seq.).                                                    ‘‘(A) IN GENERAL.—Subject to subparagraph            made by this section shall take effect upon
                                                 ‘‘(xxvii) A project eligible under the bridge         (B), notwithstanding any other provision of            the issuance of guidance or the promulgation
                                               replacement, rehabilitation, preservation,              law, a metropolitan city, nonentitlement               of a rule described in paragraph (1).
                                               protection, and construction program under              unit of local government, or county receiv-              (d) DEPARTMENT OF THE TREASURY ADMINIS-
                                               paragraph (1) under the heading ‘HIGHWAY IN-            ing a payment under this section may use               TRATIVE EXPENSES.—
                                               FRASTRUCTURE PROGRAM’ under the heading                 funds provided under such payment for                    (1) IN GENERAL.—Notwithstanding any
                                               ‘FEDERAL HIGHWAY ADMINISTRATION’ under                  projects described in subparagraph (B) of sec-         other provision of law, the unobligated bal-
                                               the heading ‘DEPARTMENT OF TRANS-                       tion 602(c)(4), including—                             ances from amounts made available to the
                                               PORTATION’ under title VIII of division J of              ‘‘(i) in the case of a project receiving a           Secretary of the Treasury (referred to in this
                                               the Infrastructure Investment and Jobs Act.             grant under section 117 of title 23, United            subsection as the ‘‘Secretary’’) for adminis-
                                                 ‘‘(C) LIMITATIONS; APPLICATION OF REQUIRE-            States Code, or section 5309 or 6701 of title 49,      trative expenses pursuant to the provisions
                                               MENTS.—                                                 United States Code, to satisfy a non-Federal           specified in paragraph (2) shall be available
                                                 ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR            share requirement applicable to such a                 to the Secretary (in addition to any other
                                               INFRASTRUCTURE PROJECTS.—                               project; and                                           appropriations provided for such purpose) for
                                                 ‘‘(I) IN GENERAL.—The total amount that a               ‘‘(ii) in the case of a project receiving cred-      any administrative expenses of the Depart-
                                               State, territory, or Tribal government may              it assistance under the TIFIA program under            ment of the Treasury determined by the Sec-
                                               use from a payment made under this section              chapter 6 of title 23, United States Code—             retary to be necessary to respond to the
                                               for uses described in subparagraph (A) shall              ‘‘(I) to satisfy a non-Federal share require-        coronavirus emergency, including any ex-
                                               not exceed the greater of—                              ment applicable to such a project; and                 penses necessary to implement any provision
                                                 ‘‘(aa) $10,000,000; and                                 ‘‘(II) to repay a loan provided under such           of—
                                                 ‘‘(bb) 30 percent of such payment.                    program.                                                 (A) the Coronavirus Aid, Relief, and Eco-
                                                 ‘‘(II) RULE OF APPLICATION.—The spending                ‘‘(B) LIMITATIONS; APPLICATION OF REQUIRE-           nomic Security Act (Public Law 116–136);
                                               limitation under subclause (I) shall not                MENTS.—                                                  (B) division N of the Consolidated Appro-
                                               apply to any use of funds permitted under                 ‘‘(i) LIMITATION ON AMOUNTS TO BE USED FOR           priations Act, 2021 (Public Law 116–260);
                                               paragraph (1), and any such use of funds shall          INFRASTRUCTURE PROJECTS.—                                (C) the American Rescue Plan Act (Public
                                               be disregarded for purposes of applying such              ‘‘(I) IN GENERAL.—The total amount that a            Law 117–2); or
                                               spending limitation.                                    metropolitan city, nonentitlement unit of                (D) title VI of the Social Security Act (42
                                                 ‘‘(ii) LIMITATION ON OPERATING EXPENSES.—             local government, or county may use from a             U.S.C. 801 et seq.).
                                               Funds provided under a payment made under               payment made under this section for uses de-             (2) PROVISIONS SPECIFIED.—The provisions
                                               this section shall not be used for operating            scribed in subparagraph (A) shall not exceed           specified in this paragraph are the following:
                                               expenses of a project described in clauses              the greater of—                                          (A) Sections 4003(f) and 4112(b) of the
                                               (xx) through (xxiv) of subparagraph (B).                  ‘‘(aa) $10,000,000; and                              Coronavirus Aid, Relief, and Economic Secu-
                                                 ‘‘(iii) APPLICATION OF REQUIREMENTS.—Ex-                ‘‘(bb) 30 percent of such payment.                   rity Act (Public Law 116–136).




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                                               cept as otherwise provided in this section—               ‘‘(II) RULE OF APPLICATION.—The spending               (B) Section 421(f)(2) of division N of the
                                                 ‘‘(I) the requirements of section 60102 of            limitation under subclause (I) shall not               Consolidated Appropriations Act, 2021 (Pub-
                                               the Infrastructure Investment and Jobs Act              apply to any use of funds permitted under              lic Law 116–260).
                                               shall apply to funds provided under a pay-              paragraph (1), and any such use of funds shall           (C) Sections 3201(a)(2)(B), 3206(d)(1)(A), and
                                               ment made under this section that are used              be disregarded for purposes of applying such           7301(b)(5) of the American Rescue Plan Act of
                                               pursuant to subparagraph (A) for a project              spending limitation.                                   2021 (Public Law 117–2).
                                               described in clause (xxvi) of subparagraph                ‘‘(ii) LIMITATION ON OPERATING EXPENSES.—              (D) Section 602(a)(2) of the Social Security
                                               (B) that relates to broadband infrastructure;           Funds provided under a payment made under              Act (42 U.S.C. 802(a)(2)).




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                                               S5978                                             CONGRESSIONAL RECORD — SENATE                                                           August 5, 2021
                                                 SA 2603. Mr. WYDEN (for himself,                      within the boundaries of the eligible revenue          the boundary of a unit of general local gov-
                                               Mr. CRAPO, Mr. SCHATZ, Mr. RISCH, Mr.                   sharing county for which the payment was               ernment described in subparagraph (A).
                                               MERKLEY, Ms. MURKOWSKI, and Mr.                         received.                                                ‘‘(4) ELIGIBLE REVENUE SHARING LOCAL GOV-
                                                                                                         ‘‘(C) PRO RATA ADJUSTMENT AUTHORITY.—                ERNMENT.—The term ‘eligible revenue shar-
                                               SULLIVAN) submitted an amendment
                                                                                                       The amounts otherwise determined for allo-             ing local government’ means a unit of gen-
                                               intended to be proposed to amendment                    cation and payment under subparagraphs (A)             eral local government (as defined in section
                                               SA 2137 proposed by Mr. SCHUMER (for                    and (B) may be adjusted by the Secretary on            6901(2) of title 31, United States Code) in
                                               Ms. SINEMA (for herself, Mr. PORTMAN,                   a pro rata basis to the extent necessary to            which entitlement land is located that is not
                                               Mr. MANCHIN, Mr. CASSIDY, Mrs. SHA-                     ensure that all available funds are allocated          a county or territory and which is eligible
                                               HEEN, Ms. COLLINS, Mr. TESTER, Ms.                      and paid to eligible revenue sharing recipi-           for a payment under section 6902(a) of title
                                               MURKOWSKI, Mr. WARNER, and Mr. ROM-                     ents in accordance with the requirements               31, United States Code.
                                               NEY)) to the bill H.R. 3684, to authorize               specified in each such subparagraph.                     ‘‘(5) ELIGIBLE REVENUE SHARING RECIPI-
                                                                                                         ‘‘(2) ALLOCATIONS AND PAYMENTS TO ELIGI-             ENTS.—The term ‘eligible revenue sharing re-
                                               funds for Federal-aid highways, high-                   BLE TRIBAL GOVERNMENTS.—For each of fiscal             cipients’ means, collectively, eligible rev-
                                               way safety programs, and transit pro-                   years 2022 and 2023, the Secretary shall re-           enue sharing counties and eligible revenue
                                               grams, and for other purposes; which                    serve $250,000,000 of the total amount appro-          sharing local governments.
                                               was ordered to lie on the table; as fol-                priated under subsection (a) to allocate and             ‘‘(6) ELIGIBLE TRIBAL GOVERNMENT.—The
                                               lows:                                                   pay to eligible Tribal governments in                  term ‘eligible Tribal government’ means the
                                                 At the appropriate place in division I, in-           amounts that are determined by the Sec-                recognized governing body of an eligible
                                               sert the following:                                     retary taking into account economic condi-             Tribe.
                                               SEC. lll. CORONAVIRUS RELIEF AND FISCAL                 tions of each eligible Tribe.                            ‘‘(7) ELIGIBLE TRIBE.—The term ‘eligible
                                                          RECOVERY FUNDS.                                ‘‘(3) ALLOCATIONS AND PAYMENTS TO TERRI-             Tribe’ means any Indian or Alaska Native
                                                 (a) LOCAL ASSISTANCE AND TRIBAL CONSIST-              TORIES.—For each of fiscal years 2022 and              tribe, band, nation, pueblo, village, commu-
                                               ENCY FUND.—Section 605 of the Social Secu-              2023, the Secretary shall reserve $7,500,000 of        nity, component band, or component res-
                                               rity Act (42 U.S.C. 805) is amended to read as          the total amount appropriated under sub-               ervation, individually identified (including
                                               follows:                                                section (a) to allocate and pay to each terri-         parenthetically) in the list published most
                                               ‘‘SEC. 605. LOCAL ASSISTANCE AND TRIBAL CON-            tory an amount which bears the same pro-               recently as of March 11, 2021, pursuant to
                                                            SISTENCY FUND.                             portion to the amount reserved in this para-           section 104 of the Federally Recognized In-
                                                  ‘‘(a)   APPROPRIATION.—In   addition   to            graph as the population of such territory              dian Tribe List Act of 1994 (25 U.S.C. 5131).
                                               amounts otherwise available, there is appro-            bears to the total population of all such ter-           ‘‘(8) ENTITLEMENT LAND.—The term ‘enti-
                                               priated for fiscal year 2021, out of any money          ritories.                                              tlement land’ has the meaning given to such
                                               in the Treasury not otherwise appropriated,               ‘‘(c) USE OF PAYMENTS.—An eligible rev-              term in section 6901(1) of title 31, United
                                               $2,000,000,000 to remain available until Sep-           enue sharing recipient, an eligible Tribal             States Code.
                                               tember 30, 2023, with amounts to be obligated           government, or a territory may use funds                 ‘‘(9) REVENUE SHARING COUNTY.—The term
                                               for each of fiscal years 2022 and 2023 in ac-           provided under a payment made under this               ‘revenue sharing county’ means—
                                               cordance with subsection (b), for making                section for any governmental purpose other               ‘‘(A) an eligible revenue sharing county; or
                                               payments under this section to eligible rev-            than a lobbying activity.                                ‘‘(B) a county with limited government
                                               enue sharing recipients, eligible Tribal gov-             ‘‘(d) REPORTING REQUIREMENT.—Any eligi-              functions.
                                               ernments, and territories.                              ble revenue sharing recipient and any terri-             ‘‘(10) SECRETARY.—The term ‘Secretary’
                                                  ‘‘(b) AUTHORITY TO MAKE PAYMENTS.—                   tory receiving a payment under this section            means the Secretary of the Treasury.
                                                  ‘‘(1) ALLOCATIONS AND PAYMENTS TO ELIGI-             shall provide to the Secretary periodic re-              ‘‘(11) TERRITORY.—The term ‘territory’
                                               BLE REVENUE SHARING RECIPIENTS.—                        ports providing a detailed accounting of the           means—
                                                  ‘‘(A) ALLOCATIONS TO REVENUE SHARING                 uses of fund by such eligible revenue sharing            ‘‘(A) the Commonwealth of Puerto Rico;
                                               COUNTIES.—For each of fiscal years 2022 and             recipient or territory, as applicable, and               ‘‘(B) the United States Virgin Islands;
                                               2023, the Secretary shall reserve $742,500,000          such other information as the Secretary may              ‘‘(C) Guam;
                                               of the total amount appropriated under sub-             require for the administration of this sec-              ‘‘(D) the Commonwealth of the Northern
                                               section (a) to allocate to each revenue shar-           tion.                                                  Mariana Islands; or
                                               ing county and, except as provided in sub-                ‘‘(e) RECOUPMENT.—Any eligible revenue                 ‘‘(E) American Samoa.’’.
                                               paragraph (B), pay to each revenue sharing              sharing recipient or any territory that has              (b)    EXTENSION     OF   AVAILABILITY      OF
                                               county that is an eligible revenue sharing              failed to submit a report required under sub-          CORONAVIRUS RELIEF FUND PAYMENTS TO
                                               county amounts that are determined by the               section (d) or failed to comply with sub-              TRIBAL GOVERNMENTS.—Section 601(d)(3) of
                                               Secretary taking into account the amount of             section (c), shall be required to repay to the         the Social Security Act (42 U.S.C. 801(d)(3)) is
                                               entitlement land in each revenue sharing                Secretary an amount equal to—                          amended by inserting ‘‘(or, in the case of
                                               county and the economic conditions of each                ‘‘(1) in the case of a failure to comply with        costs incurred by a Tribal government, dur-
                                               revenue sharing county, using such measure-             subsection (c), the amount of funds used in            ing the period that begins on March 1, 2020,
                                               ments of poverty, household income, and un-             violation of such subsection; and                      and ends on December 31, 2022)’’ before the
                                               employment over the most recent 20-year pe-               ‘‘(2) in the case of a failure to submit a re-       period.
                                               riod as of September 30, 2021, to the extent            port required under subsection (d), such
                                                                                                                                                                                   ---
                                                                                                                                                                SA 2604. Mr. GRASSLEY (for himself
                                               data are available, as well as other economic           amount as the Secretary determines appro-
                                               indicators the Secretary determines appro-              priate, but not to exceed 5 percent of the             and Mr. CORNYN) submitted an amend-
                                               priate.                                                 amount paid to the eligible revenue sharing            ment intended to be proposed to
                                                  ‘‘(B) SPECIAL ALLOCATION RULES.—                     recipient or the territory under this section          amendment SA 2137 proposed by Mr.
                                                  ‘‘(i) REVENUE SHARING COUNTIES WITH LIM-             for all fiscal years.                                  SCHUMER (for Ms. SINEMA (for herself,
                                               ITED GOVERNMENT FUNCTIONS.—In the case of                 ‘‘(f) DEFINITIONS.—In this section:                  Mr. PORTMAN, Mr. MANCHIN, Mr. CAS-
                                               an amount allocated to a revenue sharing                  ‘‘(1) COUNTY.—The term ‘county’ means a              SIDY, Mrs. SHAHEEN, Ms. COLLINS, Mr.
                                               county under subparagraph (A) that is a                 county, parish, or other equivalent county             TESTER, Ms. MURKOWSKI, Mr. WARNER,
                                               county with limited government functions,               division (as defined by the Bureau of the              and Mr. ROMNEY)) to the bill H.R. 3684,
                                               the Secretary shall allocate and pay such               Census) in 1 of the 50 States.
                                               amount to each eligible revenue sharing                   ‘‘(2) COUNTY WITH LIMITED GOVERNMENT
                                                                                                                                                              to authorize funds for Federal-aid high-
                                               local government within such county with                FUNCTIONS.—The term ‘county with limited               ways, highway safety programs, and
                                               limited government functions in an amount               government functions’ means a county in                transit programs, and for other pur-
                                               determined by the Secretary taking into ac-             which entitlement land is located that is not          poses; which was ordered to lie on the
                                               count the amount of entitlement land in                 an eligible revenue sharing county.                    table; as follows:
                                               each eligible revenue sharing local govern-               ‘‘(3) ELIGIBLE REVENUE SHARING COUNTY.—                 On page 2642, line 20, strike ‘‘National
                                               ment and the population of such eligible rev-           The term ‘eligible revenue sharing county’             Electric Vehicle Formula Program’’ and in-
                                               enue sharing local government relative to               means—                                                 sert ‘‘National Electric Vehicle and Alter-
                                               the total population of such county with                  ‘‘(A) a unit of general local government (as         native Infrastructure Formula Program’’.
                                               limited government functions.                           defined in section 6901(2) of title 31, United            On page 2642, line 23, insert ‘‘, biofuel fuel-
                                                  ‘‘(ii) ELIGIBLE REVENUE SHARING COUNTY IN            States Code) that is a county in which enti-           ing infrastructure, hydrogen fueling infra-




SSpencer on DSK126QN23PROD with SENATE
                                               ALASKA.—In the case of the eligible revenue             tlement land is located and which is eligible          structure, propane fueling infrastructure, or
                                               sharing county described in subparagraph                for a payment under section 6902(a) of title           natural gas fueling infrastructure’’ after
                                               (f)(3)(C), the Secretary shall pay the amount           31, United States Code;                                ‘‘charging infrastructure’’.
                                               allocated to such eligible revenue sharing                ‘‘(B) the District of Columbia; or                      On page 2643, line 3, insert ‘‘, biofuel fuel-
                                               county to the State of Alaska. The State of               ‘‘(C) the combined area in Alaska that is            ing infrastructure, hydrogen fueling infra-
                                               Alaska shall distribute such payment to                 within the boundaries of a census area used            structure, propane fueling infrastructure, or
                                               home rule cities and general law cities (as             by the Secretary of Commerce in the decen-             natural gas fueling infrastructure’’ after
                                               such cities are defined by the State) located           nial census, but that is not included within           ‘‘charging infrastructure’’.




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