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.”
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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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