[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
116th CONGRESS
  2d Session
                                 H. R. 2

_______________________________________________________________________

                                 AN ACT


 
 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Moving Forward Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2021

Sec. 100. Short title.
Sec. 101. Extension of Federal surface transportation programs.
Sec. 102. Federal Highway Administration.
Sec. 103. Federal Transit Administration.
Sec. 104. National Highway Traffic Safety Administration.
Sec. 105. Federal Motor Carrier Safety Administration.
Sec. 106. High priority corridors on National Highway System.
Sec. 107. Definitions.
Sec. 108. Accessibility of public transportation for residents of areas 
                            of concentrated poverty.
                   DIVISION B--SURFACE TRANSPORTATION

Sec. 1001. Applicability of division.
                     TITLE I--FEDERAL-AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

Sec. 1101. Authorization of appropriations.
Sec. 1102. Obligation limitation.
Sec. 1103. Definitions and declaration of policy.
Sec. 1104. Apportionment.
Sec. 1105. Additional deposits into Highway Trust Fund.
Sec. 1106. Transparency.
Sec. 1107. Complete and context sensitive street design.
Sec. 1108. Innovative project delivery Federal share.
Sec. 1109. Transferability of Federal-aid highway funds.
Sec. 1110. Tolling.
Sec. 1111. HOV facilities.
Sec. 1112. Buy America.
Sec. 1113. Federal-aid highway project requirements.
Sec. 1114. State assumption of responsibility for categorical 
                            exclusions.
Sec. 1115. Surface transportation project delivery program written 
                            agreements.
Sec. 1116. Corrosion prevention for bridges.
Sec. 1117. Sense of Congress.
Sec. 1118. Additional support to rebuild rural communities.
Sec. 1119. Federal grants for pedestrian and bike safety improvements.
           Subtitle B--Programmatic Infrastructure Investment

Sec. 1201. National highway performance program.
Sec. 1202. Increasing the resilience of transportation assets.
Sec. 1203. Emergency relief.
Sec. 1204. Railway crossings.
Sec. 1205. Surface transportation program.
Sec. 1206. Transportation alternatives program.
Sec. 1207. Bridge investment.
Sec. 1208. Construction of ferry boats and ferry terminal facilities.
Sec. 1209. Highway safety improvement program.
Sec. 1210. Congestion mitigation and air quality improvement program.
Sec. 1211. Electric vehicle charging stations.
Sec. 1212. National highway freight program.
Sec. 1213. Carbon pollution reduction.
Sec. 1214. Recreational trails.
Sec. 1215. Safe routes to school program.
Sec. 1216. Bicycle transportation and pedestrian walkways.
Sec. 1217. Noise barriers.
                 Subtitle C--Project-Level Investments

Sec. 1301. Projects of national and regional significance.
Sec. 1302. Community transportation investment grant program.
Sec. 1303. Grants for charging and fueling infrastructure to modernize 
                            and reconnect America for the 21st century.
Sec. 1304. Community climate innovation grants.
Sec. 1305. Metro performance program.
Sec. 1306. Gridlock reduction grant program.
Sec. 1307. Rebuild rural grant program.
Sec. 1308. Parking for commercial motor vehicles.
Sec. 1309. Active transportation connectivity grant program.
   Subtitle D--Planning, Performance Management, and Asset Management

Sec. 1401. Metropolitan transportation planning.
Sec. 1402. Statewide and nonmetropolitan transportation planning.
Sec. 1403. National goals and performance management measures.
Sec. 1404. Transportation demand data and modeling study.
Sec. 1405. Fiscal constraint on long-range transportation plans.
           Subtitle E--Federal Lands, Tribes, and Territories

Sec. 1501. Territorial and Puerto Rico highway program.
Sec. 1502. Tribal transportation program.
Sec. 1503. Tribal High Priority Projects program.
Sec. 1504. Federal lands transportation program.
Sec. 1505. Federal lands and Tribal major projects program.
Sec. 1506. Office of Tribal Government Affairs.
Sec. 1507. Alternative contracting methods.
Sec. 1508. Divestiture of federally owned bridges.
Sec. 1509. Study on Federal funding available to Indian Tribes.
Sec. 1510. GAO study.
                   Subtitle F--Additional Provisions

Sec. 1601. Vision zero.
Sec. 1602. Speed limits.
Sec. 1603. Broadband infrastructure deployment.
Sec. 1604. Stormwater best management practices.
Sec. 1605. Pedestrian facilities in the public right-of-way.
Sec. 1606. Highway formula modernization report.
Sec. 1607. Consolidation of programs.
Sec. 1608. Student outreach report to Congress.
Sec. 1609. Task force on developing a 21st century surface 
                            transportation workforce.
Sec. 1610. On-the-job training and supportive services.
Sec. 1611. Appalachian development highway system funding flexibility.
Sec. 1612. Transportation education development program.
Sec. 1613. Working group on construction resources.
Sec. 1614. Numbering system of highway interchanges.
Sec. 1615. Toll credits.
Sec. 1616. Transportation construction materials procurement.
Sec. 1617. Construction of certain access and development roads.
Sec. 1618. Nationwide road safety assessment.
Sec. 1619. Wildlife crossings.
Sec. 1620. Climate resilient transportation infrastructure study.
Sec. 1621. Elimination of duplication of environmental reviews and 
                            approvals.
Sec. 1622. AMBER Alerts along major transportation routes.
Sec. 1623. Natural gas, electric battery, and zero emission vehicles.
Sec. 1624. Guidance on evacuation routes.
Sec. 1625. High priority corridors on National Highway System.
Sec. 1626. Guidance on inundated and submerged roads.
Sec. 1627. Use of revenues.
Sec. 1628. Dry bulk weight tolerance.
Sec. 1629. Highway use tax evasion projects.
Sec. 1630. The United States opposes child labor.
Sec. 1631. Report on COVID-related funding for aviation sector.
Sec. 1632. Climate resiliency report by GAO.
Sec. 1633. Aviation industry assistance for cleaner and quieter skies 
                            voucher program.
Sec. 1634. Airborne ultrafine particle study.
Sec. 1635. Study on colonias.
Sec. 1636. GAO study on capital needs of public ferries.
Sec. 1637. Use of modeling and simulation technology.
Sec. 1638. GAO study on per-mile user fee equity.
Sec. 1639. GAO review of equity considerations at state DOTs.
Sec. 1640. Study on effectiveness of suicide prevention nets and 
                            barriers for structures other than bridges.
Sec. 1641. Comptroller General study on national DUI reporting.
Sec. 1642. Future interstate designation and operation.
                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

Sec. 2101. Authorizations.
Sec. 2102. Chapter 53 definitions.
Sec. 2103. General provisions.
Sec. 2104. Miscellaneous provisions.
Sec. 2105. Policies and purposes.
Sec. 2106. Fiscal year 2022 formulas.
Sec. 2107. Metropolitan transportation planning.
Sec. 2108. Statewide and nonmetropolitan transportation planning.
Sec. 2109. Obligation limitation.
Sec. 2110. Public transportation emergency relief funds.
Sec. 2111. Certification requirements.
Sec. 2112. Hold harmless.
             Subtitle B--Improving Frequency and Ridership

Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive 
                            grants.
Sec. 2202. Incentivizing frequency in the urban formula.
Sec. 2203. Mobility innovation.
Sec. 2204. Formula grants for rural areas.
Sec. 2205. One-stop paratransit program.
         Subtitle C--Buy America and Other Procurement Reforms

Sec. 2301. Buy America.
Sec. 2302. Bus procurement streamlining.
Sec. 2303. Bus testing facility.
Sec. 2304. Repayment requirement.
Sec. 2305. Definition of urbanized areas following a major disaster.
Sec. 2306. Special rule for certain rolling stock procurements.
Sec. 2307. Certification requirements.
Sec. 2308. Spare ratio waiver.
                     Subtitle D--Bus Grant Reforms

Sec. 2401. Formula grants for buses.
Sec. 2402. Bus facilities and fleet expansion competitive grants.
Sec. 2403. Zero emission bus grants.
Sec. 2404. Restoration to state of good repair formula subgrant.
                   Subtitle E--Supporting All Riders

Sec. 2501. Low-income urban formula funds.
Sec. 2502. Rural persistent poverty formula.
Sec. 2503. Demonstration grants to support reduced fare transit.
     Subtitle F--Supporting Frontline Workers and Passenger Safety

Sec. 2601. National transit frontline workforce training center.
Sec. 2602. Public transportation safety program.
Sec. 2603. Innovation workforce standards.
Sec. 2604. Safety performance measures and set asides.
Sec. 2605. U.S. Employment Plan.
Sec. 2606. Technical assistance and workforce development.
               Subtitle G--Transit-Supportive Communities

Sec. 2701. Transit-supportive communities.
Sec. 2702. Property disposition for affordable housing.
Sec. 2703. Affordable housing incentives in capital investment grants.
                         Subtitle H--Innovation

Sec. 2801. Mobility innovation sandbox program.
Sec. 2802. Transit bus operator compartment redesign program.
Sec. 2803. Federal Transit Administration Every Day Counts initiative.
Sec. 2804. Technical corrections.
Sec. 2805. National advanced technology transit bus development 
                            program.
Sec. 2806. Public transportation innovation.
               Subtitle I--Other Program Reauthorizations

Sec. 2901. Reauthorization for capital and preventive maintenance 
                            projects for Washington Metropolitan Area 
                            Transit Authority.
Sec. 2902. Other apportionments.
                        Subtitle J--Streamlining

Sec. 2911. Fixed guideway capital investment grants.
Sec. 2912. Rural and small urban apportionment deadline.
Sec. 2913. Disposition of assets beyond useful life.
Sec. 2914. Innovative coordinated access and mobility.
Sec. 2915. Passenger ferry grants.
Sec. 2916. Evaluation of benefits and Federal investment.
Sec. 2917. Best practices for the application of National Environmental 
                            Policy Act of 1969 to federally funded bus 
                            shelters.
                   TITLE III--HIGHWAY TRAFFIC SAFETY

Sec. 3001. Authorization of appropriations.
Sec. 3002. Highway safety programs.
Sec. 3003. Traffic safety enforcement grants.
Sec. 3004. Highway safety research and development.
Sec. 3005. Grant program to prohibit racial profiling.
Sec. 3006. High-visibility enforcement program.
Sec. 3007. National priority safety programs.
Sec. 3008. Minimum penalties for repeat offenders for driving while 
                            intoxicated or driving under the influence.
Sec. 3009. National priority safety program grant eligibility.
Sec. 3010. Implicit bias research and training grants.
Sec. 3011. Stop motorcycle checkpoint funding.
Sec. 3012. Electronic driver's license.
Sec. 3013. Motorcyclist Advisory Council.
Sec. 3014. Report on marijuana research.
                     TITLE IV--MOTOR CARRIER SAFETY

   Subtitle A--Motor Carrier Safety Grants, Operations, and Programs

Sec. 4101. Motor carrier safety grants.
Sec. 4102. Motor carrier safety operations and programs.
Sec. 4103. Immobilization grant program.
Sec. 4104. Operation of small commercial vehicles study.
               Subtitle B--Motor Carrier Safety Oversight

Sec. 4201. Motor carrier safety advisory committee.
Sec. 4202. Compliance, safety, accountability.
Sec. 4203. Terms and conditions for exemptions.
Sec. 4204. Safety fitness of motor carriers of passengers.
Sec. 4205. Providers of recreational activities.
Sec. 4206. Amendments to regulations relating to transportation of 
                            household goods in interstate commerce.
           Subtitle C--Commercial Motor Vehicle Driver Safety

Sec. 4301. Commercial driver's license for passenger carriers.
Sec. 4302. Alcohol and controlled substances testing.
Sec. 4303. Entry-level driver training.
Sec. 4304. Driver detention time.
Sec. 4305. Truck Leasing Task Force.
Sec. 4306. Hours of service.
Sec. 4307. Driver recruitment.
Sec. 4308. Screening for obstructive sleep apnea.
Sec. 4309. Women of Trucking Advisory Board.
Sec. 4310. Application of commercial motor vehicle safety.
       Subtitle D--Commercial Motor Vehicle and Schoolbus Safety

Sec. 4401. Schoolbus safety standards.
Sec. 4402. Illegal passing of schoolbuses.
Sec. 4403. State inspection of passenger-carrying commercial motor 
                            vehicles.
Sec. 4404. Automatic emergency braking.
Sec. 4405. Underride protection.
Sec. 4406. Transportation of horses.
Sec. 4407. Additional State authority.
Sec. 4408. Updating the required amount of insurance for commercial 
                            motor vehicles.
                          TITLE V--INNOVATION

Sec. 5001. Authorization of appropriations.
                  Subtitle A--Research and Development

Sec. 5101. Highway research and development program.
Sec. 5102. Materials to reduce greenhouse gas emissions program.
Sec. 5103. Transportation research and development 5-year strategic 
                            plan.
Sec. 5104. University transportation centers program.
Sec. 5105. Unsolicited research initiative.
Sec. 5106. National cooperative multimodal freight transportation 
                            research program.
Sec. 5107. Wildlife-vehicle collision reduction and habitat 
                            connectivity improvement.
Sec. 5108. Research activities.
Sec. 5109. Innovative material innovation hubs.
Sec. 5110. Strategic transportation research agenda.
Sec. 5111. Advanced transportation research and innovation program.
Sec. 5112. Interagency innovative materials standards task force.
Sec. 5113. Transportation equity research program.
                   Subtitle B--Technology Deployment

Sec. 5201. Technology and innovation deployment program.
Sec. 5202. Accelerated implementation and deployment of pavement 
                            technologies.
Sec. 5203. Federal Highway Administration Every Day Counts initiative.
                   Subtitle C--Emerging Technologies

Sec. 5301. Safe, efficient mobility through advanced technologies.
Sec. 5302. Intelligent transportation systems program.
Sec. 5303. National highly automated vehicle and mobility innovation 
                            clearinghouse.
Sec. 5304. Study on safe interactions between automated vehicles and 
                            road users.
Sec. 5305. Nontraditional and Emerging Transportation Technology 
                            Council.
Sec. 5306. Hyperloop transportation.
Sec. 5307. Surface transportation workforce retraining grant program.
Sec. 5308. Third-party data integration pilot program.
Sec. 5309. Third-party data planning integration pilot program.
Sec. 5310. Multimodal transportation demonstration program.
Sec. 5311. Automated Commercial Vehicle Reporting.
       Subtitle D--Surface Transportation Funding Pilot Programs

Sec. 5401. State surface transportation system funding pilots.
Sec. 5402. National surface transportation system funding pilot.
                       Subtitle E--Miscellaneous

Sec. 5501. Ergonomic seating working group.
Sec. 5502. Repeal of section 6314 of title 49, United States Code.
Sec. 5503. Transportation workforce outreach program.
Sec. 5504. Advisory council on transportation statistics.
Sec. 5505. GAO Review of Discretionary Grant Programs.
Sec. 5506. Universal electronic identifier.
                  TITLE VI--MULTIMODAL TRANSPORTATION

Sec. 6001. National multimodal freight policy.
Sec. 6002. National freight strategic plan.
Sec. 6003. National multimodal freight network.
Sec. 6004. State freight advisory committees.
Sec. 6005. State freight plans.
Sec. 6006. Study of freight transportation fee.
Sec. 6007. National Surface Transportation and Innovative Finance 
                            Bureau.
Sec. 6008. Local hire.
Sec. 6009. FTE cap.
Sec. 6010. Identification of COVID-19 testing needs of critical 
                            infrastructure employees.
Sec. 6011. Rail covering.
  TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT

Sec. 7001. Transportation Infrastructure Finance and Innovation Act.
             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

Sec. 8001. Short title.
                        TITLE I--AUTHORIZATIONS

Sec. 8101. Authorization of appropriations.
          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

Sec. 8201. Repeal of certain requirements related to lithium cells and 
                            batteries.
Sec. 8202. Transportation of liquefied natural gas by rail tank car.
Sec. 8203. Hazardous materials training requirements and grants.
Sec. 8204. Pipeline and Hazardous Materials Safety Administration 
                            reporting transparency requirements.
                            DIVISION D--RAIL

Sec. 9001. Short title.
                        TITLE I--AUTHORIZATIONS

Sec. 9101. Authorization of appropriations.
Sec. 9102. Passenger rail improvement, modernization, and expansion 
                            grants.
Sec. 9103. Consolidated rail infrastructure and safety improvement 
                            grants.
Sec. 9104. Railroad rehabilitation and improvement financing.
Sec. 9105. Buy America.
Sec. 9106. Rail network climate change vulnerability assessment.
Sec. 9107. North River Tunnel Shutdown Contingency Assesment.
Sec. 9108. Advance acquisition.
                        TITLE II--AMTRAK REFORMS

Sec. 9201. Amtrak findings, mission, and goals.
Sec. 9202. Amtrak status.
Sec. 9203. Board of Directors.
Sec. 9204. Amtrak preference enforcement.
Sec. 9205. Use of facilities and providing services to Amtrak.
Sec. 9206. Prohibition on mandatory arbitration.
Sec. 9207. Amtrak ADA assessment.
Sec. 9208. Prohibition on smoking on Amtrak trains.
Sec. 9209. State-supported routes operated by Amtrak.
Sec. 9210. Amtrak Police Department.
Sec. 9211. Amtrak food and beverage.
Sec. 9212. Clarification on Amtrak contracting out.
Sec. 9213. Amtrak staffing.
Sec. 9214. Special transportation.
Sec. 9215. Disaster and emergency relief program.
Sec. 9216. Recreational trail access.
Sec. 9217. Investigation of substandard performance.
Sec. 9218. Amtrak cybersecurity enhancement grant program.
Sec. 9219. Amtrak and private cars.
Sec. 9220. Amtrak Office of Community Outreach.
Sec. 9221. Sense of Congress.
               TITLE III--INTERCITY PASSENGER RAIL POLICY

Sec. 9301. Northeast Corridor Commission.
Sec. 9302. Northeast Corridor planning.
Sec. 9303. Protective arrangements.
Sec. 9304. High-speed rail funds.
                     TITLE IV--COMMUTER RAIL POLICY

Sec. 9401. Surface Transportation Board mediation of trackage use 
                            requests.
Sec. 9402. Surface Transportation Board mediation of rights-of-way use 
                            requests.
Sec. 9403. Chicago Union Station improvement plans.
                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

Sec. 9501. National Academies study on safety impact of trains longer 
                            than 7,500 feet.
Sec. 9502. GAO study on changes in freight railroad operating and 
                            scheduling practices.
Sec. 9503. FRA safety reporting.
Sec. 9504. Waiver notice requirements.
Sec. 9505. Notice of FRA comprehensive safety assessments.
Sec. 9506. FRA accident and incident investigations.
Sec. 9507. Rail safety improvements.
Sec. 9508. Annual review of speed limit action plans.
Sec. 9509. Freight train crew size safety standards.
Sec. 9510. Safe cross border operations.
Sec. 9511. Yardmasters hours of service.
Sec. 9512. Leaking brakes.
Sec. 9513. Annual report on PTC system failures.
Sec. 9514. Fatigue reduction pilot projects.
Sec. 9515. Assault prevention and response plans.
Sec. 9516. Critical incident stress plans.
Sec. 9517. Study on safety culture assessments.
                   Subtitle B--Grade Crossing Safety

Sec. 9551. Grade crossing separation grants.
Sec. 9552. Rail safety public awareness grants.
Sec. 9553. Establishment of 10-minute time limit for blocking public 
                            grade crossings.
Sec. 9554. National strategy to address blocked crossings.
Sec. 9555. Railroad point of contact for blocked crossing matters.
Sec. 9556. National highway-rail crossing inventory review.
Sec. 9557. Counting railroad suicides.
Sec. 9558. Report on supplementary safety measures required for Quiet 
                            Zones.
                          DIVISION E--AVIATION

               TITLE I--AIRPORT AND AIRWAY INFRASTRUCTURE

Sec. 10101. Airport planning and development and noise compatibility 
                            planning and programs.
Sec. 10102. Supplemental funding for airports.
Sec. 10103. Airport resiliency projects.
Sec. 10104. FAA air traffic control facilities.
Sec. 10105. Airport innovative financing techniques.
Sec. 10106. Small airport letters of intent.
Sec. 10107. Minority and disadvantaged business size standards.
Sec. 10108. Changes in airport sponsorship or operations.
                         TITLE II--ENVIRONMENT

Sec. 10201. Alternative fuel and low-emission aviation technology 
                            program.
Sec. 10202. Expansion of voluntary airport low emission program.
Sec. 10203. Study and development of sustainable aviation fuels.
Sec. 10204. Center of excellence for alternative jet fuels and 
                            environment.
Sec. 10205. National evaluation of aviation and aerospace solutions to 
                            climate change.
Sec. 10206. Joint Task Force on Air Travel.
      DIVISION F--INVESTMENT IN WATER RESOURCES AND WATER-RELATED 
                             INFRASTRUCTURE

Sec. 20001. Short title.
             TITLE I--CRITICAL WATER RESOURCES INVESTMENTS

Sec. 21001. Use of Harbor Maintenance Trust Fund to support navigation.
Sec. 21002. Annual report to Congress.
Sec. 21003. Harbor Maintenance Trust Fund discretionary spending limit 
                            adjustment.
Sec. 21004. Appropriations for Construction, Inland Waterways, 
                            Operation and Maintenance.
               TITLE II--CRITICAL CLEAN WATER INVESTMENTS

       Subtitle A--Water Quality Protection and Job Creation Act

Sec. 22101. Short title.
Sec. 22102. Wastewater infrastructure workforce investment.
Sec. 22103. State management assistance.
Sec. 22104. Watershed, wet weather, and resiliency projects.
Sec. 22105. Pilot program for alternative water source projects.
Sec. 22106. Sewer overflow and stormwater reuse municipal grants.
Sec. 22107. Reports to Congress.
Sec. 22108. Indian Tribes.
Sec. 22109. Capitalization grants.
Sec. 22110. Water pollution control revolving loan funds.
Sec. 22111. Allotment of funds.
Sec. 22112. Reservation of funds for Territories of the United States.
Sec. 22113. Authorization of appropriations.
Sec. 22114. Technical assistance by Municipal Ombudsman.
Sec. 22115. Report on financial capability of municipalities.
Sec. 22116. Emerging contaminants.
                   Subtitle B--Local Water Protection

Sec. 22201. Nonpoint source management programs.
        Subtitle C--Critical Regional Infrastructure Investments

Sec. 22301. Reauthorization of Chesapeake Bay Program.
Sec. 22302. San Francisco Bay restoration grant program.
Sec. 22303. Puget sound coordinated recovery.
Sec. 22304. Great Lakes Restoration Initiative Reauthorization.
Sec. 22305. National Estuary Program reauthorization.
Sec. 22306. Lake Pontchartrain Basin Restoration Program 
                            reauthorization.
Sec. 22307. Long Island Sound Program Reauthorization.
Sec. 22308. Columbia River Basin Restoration Program Reauthorization.
               TITLE III--RESILIENCE REVOLVING LOAN FUND

Sec. 23001. Short title.
Sec. 23002. Grants to entities for establishment of hazard mitigation 
                            revolving loan funds.
                        TITLE IV--SPORTS FISHING

Sec. 24001. Short title.
Sec. 24002. Division of annual appropriations.
Sec. 24003. Recreational boating access.
Sec. 24004. Wildlife Restoration Fund administration.
Sec. 24005. Sport fish restoration and boating trust fund.
                      TITLE V--CLIMATE SMART PORTS

Sec. 25001. Short title.
Sec. 25002. Climate Smart Ports Grant Program.
Sec. 25003. Energy Policy Act of 2005 authorization of appropriations 
                            for port authorities.
                        TITLE VI--OTHER MATTERS

Sec. 26001. Wastewater drug testing pilot program.
                    TITLE VII--NEW RIVER RESTORATION

Sec. 27001. Short title.
Sec. 27002. Definitions.
Sec. 27003. California New River restoration program establishment.
Sec. 27004. Grants and assistance.
Sec. 27005. Annual reports.
                       TITLE VIII--OTHER MATTERS

Sec. 28001. COVID-19 Wastewater Surveillance Research Program.
                        TITLE IX--OTHER MATTERS

Sec. 29001. Smart water infrastructure investment grants.
                    DIVISION G--ENERGY AND COMMERCE

                   TITLE I--BROADBAND INFRASTRUCTURE

Sec. 31001. Definitions.
Sec. 31002. Sense of Congress.
Sec. 31003. Severability.
                       Subtitle A--Digital Equity

Sec. 31100. Definitions.
         Chapter 1--Office of Internet Connectivity and Growth

Sec. 31101. Establishment of the Office of Internet Connectivity and 
                            Growth.
Sec. 31102. Duties.
Sec. 31103. Streamlined applications for support.
Sec. 31104. Coordination of support.
Sec. 31105. Rule of construction.
Sec. 31106. Funding.
Sec. 31107. Study and recommendations to connect socially disadvantaged 
                            individuals.
                   Chapter 2--Digital Equity Programs

Sec. 31121. State Digital Equity Capacity Grant Program.
Sec. 31122. Digital Equity Competitive Grant Program.
Sec. 31123. Policy research, data collection, analysis and modeling, 
                            evaluation, and dissemination.
Sec. 31124. General provisions.
         Chapter 3--Broadband Service for Low-Income Consumers

Sec. 31141. Additional broadband benefit.
Sec. 31142. Grants to States to strengthen National Lifeline 
                            Eligibility Verifier.
Sec. 31143. Federal coordination between Lifeline and SNAP 
                            verification.
  Chapter 4--E-Rate Support for Wi-Fi Hotspots, Other Equipment, and 
                           Connected Devices

Sec. 31161. E-Rate support for Wi-Fi hotspots, other equipment, and 
                            connected devices.
                   Subtitle B--Broadband Transparency

Sec. 31201. Definitions.
Sec. 31202. Broadband transparency.
Sec. 31203. Distribution of data.
Sec. 31204. Coordination with certain other Federal agencies.
Sec. 31205. Broadband consumer labels.
Sec. 31206. Appropriation for Broadband DATA Act.
Sec. 31207. GAO report.
                      Subtitle C--Broadband Access

                Chapter 1--Expansion of Broadband Access

Sec. 31301. Expansion of broadband access in unserved areas and areas 
                            with low-tier or mid-tier service.
Sec. 31302. Universal service in Indian country and areas with high 
                            populations of Indian people.
       Chapter 2--Broadband Infrastructure Finance and Innovation

Sec. 31321. Definitions.
Sec. 31322. Determination of eligibility and project selection.
Sec. 31323. Secured loans.
Sec. 31324. Lines of credit.
Sec. 31325. Alternative prudential lending standards for small 
                            projects.
Sec. 31326. Program administration.
Sec. 31327. State and local permits.
Sec. 31328. Regulations.
Sec. 31329. Funding.
Sec. 31330. Reports to Congress.
                    Chapter 3--Wi-Fi on School Buses

Sec. 31341. E-rate support for school bus Wi-Fi.
                    Subtitle D--Community Broadband

Sec. 31401. State, local, public-private partnership, and co-op 
                            broadband services.
       Subtitle E--Repeal of Rule and Prohibition on Use of NPRM

Sec. 31501. Repeal of rule and prohibition on use of NPRM.
                   Subtitle F--Next Generation 9-1-1

Sec. 31601. Sense of Congress.
Sec. 31602. Statement of policy.
Sec. 31603. Coordination of Next Generation 9-1-1 Implementation.
Sec. 31604. Savings provision.
     Subtitle G--Extension of 2.5 GHz Rural Tribal Priority Window

Sec. 31701. Extension of 2.5 GHz Rural Tribal Priority Window.
                     TITLE II--MOTOR VEHICLE SAFETY

Sec. 32001. Safety Warning for occupants of hot cars.
Sec. 32002. Protecting Americans from the Risks of Keyless Ignition 
                            Technology.
Sec. 32003. 21st Century Smart Cars.
Sec. 32004. Updating the 5-star safety rating system.
Sec. 32005. Advanced Drunk Driving prevention technology.
Sec. 32006. Limousine compliance with Federal Safety Standards.
Sec. 32007. Child restraint systems.
Sec. 32008. Motor vehicle pedestrian and cyclist protection.
            TITLE III--ENERGY AND ENVIRONMENT INFRASTRUCTURE

                       Subtitle A--Infrastructure

                       Chapter 1--Drinking Water

            subchapter a--pfas infrastructure grant program

Sec. 33101. Establishment of PFAS Infrastructure Grant Program.
Sec. 33102. Definition.
                        subchapter b--extensions

Sec. 33103. Funding.
Sec. 33104. American iron and steel products.
Sec. 33105. Comprehensive lead service line replacement.
                      subchapter c--other matters

Sec. 33106. Drinking water fountain replacement in public playgrounds 
                            and parks.
                      subchapter d--other matters

Sec. 33107. Assistance for areas affected by natural disasters.
                      subchapter e--other matters

Sec. 33108. Allotments for territories.
               Chapter 2--Grid Security and Modernization

Sec. 33111. 21st Century Power Grid.
Sec. 33112. Energy efficient transformer rebate program.
Sec. 33113. Interregional transmission planning report.
Sec. 33114. Promoting grid storage.
Sec. 33115. Expanding access to sustainable energy.
Sec. 33116. Interregional transmission planning rulemaking.
          Chapter 3--Controlling Methane Leaks From Pipelines

Sec. 33121. Improving the natural gas distribution system.
                      Chapter 4--Renewable Energy

Sec. 33131. Grant program for solar installations located in, or that 
                            serve, low-income and underserved areas.
                      Chapter 5--Smart Communities

Sec. 33141. 3C energy program.
Sec. 33142. Federal technology assistance.
Sec. 33143. Technology demonstration grant program.
Sec. 33144. Smart city or community.
Sec. 33145. Clean cities coalition program.
                         Chapter 6--Brownfields

Sec. 33151. Brownfields funding.
                        Chapter 7--Indian Energy

Sec. 33161. Indian energy.
Sec. 33162. Report on electricity access and reliability.
                  Chapter 8--Hydropower and Dam Safety

Sec. 33171. Hydroelectric production incentives and efficiency 
                            improvements.
Sec. 33172. FERC briefing on Edenville Dam and Sanford Dam failures.
Sec. 33173. Dam safety conditions.
Sec. 33174. Dam safety requirements.
Sec. 33175. Viability procedures.
Sec. 33176. FERC dam safety technical conference with States.
Sec. 33177. Required dam safety communications between FERC and States.
Sec. 33178. Consideration of invasive species.
                 Chapter 9--Loan Program Office Reform

Sec. 33181. Loan program office title XVII reform.
             Chapter 10--Climate Action Planning for Ports

Sec. 33191. Grants To reduce greenhouse gas emissions at ports.
        Chapter 11--Clean Energy and Sustainability Accelerator

Sec. 33192. Clean Energy and Sustainability Accelerator.
           Chapter 12--Carbon Capture Utilization and Storage

Sec. 33193. Supporting carbon capture utilization and storage.
                     Subtitle B--Energy Efficiency

                 Chapter 1--Energy Efficiency Retrofits

                      subchapter a--hope for homes

Sec. 33201. Definitions.
                         Part 1--HOPE Training

Sec. 33202. Notice for HOPE Qualification training and grants.
Sec. 33202A. Course criteria.
Sec. 33202B. HOPE Qualification.
Sec. 33202C. Grants.
Sec. 33202D. Authorization of appropriations.
          Part 2--Home Energy Savings Retrofit Rebate Program

Sec. 33203. Establishment of Home Energy Savings Retrofit Rebate 
                            Program.
Sec. 33203A. Partial system rebates.
Sec. 33203B. State administered rebates.
Sec. 33203C. Special provisions for moderate income households.
Sec. 33203D. Evaluation reports to Congress.
Sec. 33203E. Administration.
Sec. 33203F. Authorization of appropriations.
                       Part 3--General Provisions

Sec. 33204. Appointment of personnel.
Sec. 33204A. Maintenance of funding.
                     subchapter b--public buildings

Sec. 33211. Energy efficient public buildings.
                         subchapter c--schools

Sec. 33221. Energy retrofitting assistance for schools.
Sec. 33222. Grants for energy efficiency improvements and renewable 
                            energy improvements at public school 
                            facilities.
                       Chapter 2--Weatherization

Sec. 33231. Weatherization assistance program.
Sec. 33232. Report on waivers.
         Chapter 3--Energy Efficient Conservation Block Grants

Sec. 33241. Energy Efficiency and Conservation Block Grant Program.
       Chapter 4--Federal Energy and Water Management Performance

Sec. 33251. Energy and water performance requirement for Federal 
                            facilities.
Sec. 33252. Federal Energy Management Program.
             Chapter 5--Targeted Residential Tree-planting

Sec. 33261. Definitions.
Sec. 33262. Grant program.
Sec. 33263. Public recognition initiative.
Sec. 33264. Nonduplicity.
Sec. 33265. Authorization of appropriations.
                  Chapter 6--Industrial Energy Savings

Sec. 33271. Rebate program for energy efficient electrotechnologies.
                          Subtitle C--Vehicles

                            Chapter 1--DERA

Sec. 33301. Reauthorization of diesel emissions reduction program.
                   Chapter 2--Clean Commute for Kids

Sec. 33311. Reauthorization of Clean School Bus Program.
Sec. 33312. Study on impact of air pollution from vehicles idling in 
                            school zones.
                    Chapter 3--Refrigerated Vehicles

Sec. 33321. Pilot program for the electrification of certain 
                            refrigerated vehicles.
                      Chapter 4--EV Infrastructure

Sec. 33331. Definitions.
Sec. 33332. Electric vehicle supply equipment rebate program.
Sec. 33333. Expanding access to electric vehicles in underserved 
                            communities.
Sec. 33334. Ensuring program benefits for underserved and disadvantaged 
                            communities.
Sec. 33335. Model building code for electric vehicle supply equipment.
Sec. 33336. Electric vehicle supply equipment coordination.
Sec. 33337. State consideration of electric vehicle charging.
Sec. 33338. State energy plans.
Sec. 33339. Transportation electrification.
Sec. 33340. Federal fleets.
Sec. 33341. Domestic Manufacturing Conversion Grant Program.
Sec. 33342. Advanced technology vehicles manufacturing incentive 
                            program.
          Subtitle D--Buy American and Wage Rate Requirements

Sec. 33401. Use of American iron, steel, and manufactured goods.
Sec. 33402. Wage rate requirements.
                      Subtitle E--Ohio River Basin

Sec. 33501. Interagency plan.
Sec. 33502. Report on impacts of climate change on electric utilities.
Sec. 33503. Definition.
                      Subtitle F--Open Back Better

Sec. 33601. Short title.
Sec. 33602. Facilities energy resiliency.
Sec. 33603. Personnel.
                       Subtitle G--Other Matters

Sec. 33701. Water reuse interagency working group.
                Subtitle H--Energy Workforce Development

    Chapter 1--Office of Economic Impact, Diversity, and Employment

Sec. 33801. Name of office.
Sec. 33802. Energy workforce development programs.
Sec. 33803. Authorization.
                Chapter 2--Energy Workforce Development

Sec. 33811. Energy workforce development.
Sec. 33812. Energy workforce grant program.
Sec. 33813. Definitions.
                  TITLE IV--HEALTH CARE INFRASTRUCTURE

Sec. 34101. Hospital infrastructure.
Sec. 34102. Community Health Center Capital Project Funding.
Sec. 34103. Pilot program to improve laboratory infrastructure.
Sec. 34104. 21st century Indian health program hospitals and outpatient 
                            health care facilities.
Sec. 34105. Pilot program to improve community-based care 
                            infrastructure.
Sec. 34106. Access road for Desert Sage Youth Wellness Center.
                    DIVISION H--ADDITIONAL PROGRAMS

                      TITLE I--ADDITIONAL PROGRAMS

Sec. 40001. National scenic byways program.
Sec. 40002. Authorization of appropriations for Department of Veterans 
                            Affairs.
Sec. 40003. Requirements for owners and operators of equipment or 
                            facilities used by passenger or freight 
                            transportation employers.
Sec. 40004. Revolving loan fund flexibility.
Sec. 40005. Authorization for science center construction.
Sec. 40006. GAO study on the impact of transportation policies on 
                            marginalized communities.
Sec. 40007. Use of bird-safe features, practices, and strategies in 
                            public buildings.
Sec. 40008. GAO Study.
Sec. 40009. Land port of entry infrastructure modernization.
Sec. 40010. Colonias state of good repair grant program.
Sec. 40011. Accessibility of public transportation for pregnant women.
Sec. 40012. National Labs restoration and modernization.
Sec. 40013. Definitions.
Sec. 40014. Program establishment.
Sec. 40015. Grants and technical assistance.
Sec. 40016. Reporting.
Sec. 40017. Authorization of appropriations.
Sec. 40018. Reporting Requirements Relating to Federal Research 
                            Infrastructure.
Sec. 40019. American Infrastructure Opportunity Bonds.
TITLE II--BUILDING U.S. INFRASTRUCTURE BY LEVERAGING DEMANDS FOR SKILLS 
                                (BUILDS)

Sec. 40101. Definitions.
Sec. 40102. Grants authorized.
Sec. 40103. Application.
Sec. 40104. Eligible activities.
Sec. 40105. Administration by the Secretary.
Sec. 40106. Authorization of appropriations.
Sec. 40107. Special rule.
        DIVISION I--ZERO-EMISSION POSTAL FLEET AND OTHER MATTERS

Sec. 50001. Authorization of appropriation for United States Postal 
                            Service for modernization of postal 
                            infrastructure.
Sec. 50002. Electric or zero-emission vehicles for United States Postal 
                            Service fleet.
Sec. 50003. Clarification of authority of District of Columbia to carry 
                            out Long Bridge project.
              DIVISION J--COMMITTEE ON FINANCIAL SERVICES

Sec. 60001. Short title.
Sec. 60002. Findings.
Sec. 60003. Public Housing Capital Fund.
Sec. 60004. Rural Multifamily Preservation and Revitalization 
                            Demonstration Program.
Sec. 60005. Flood Mitigation Assistance Grant Program.
Sec. 60006. Housing Trust Fund.
Sec. 60007. Single-Family Housing Repair Loans and Grants.
Sec. 60008. Native American Housing Block Grant Program.
Sec. 60009. HOME Investment Partnerships Program.
Sec. 60010. Program for supportive housing for persons with 
                            disabilities.
Sec. 60011. Program for supportive housing for the elderly.
Sec. 60012. Capital Magnet Fund.
Sec. 60013. Community development block grant funding for affordable 
                            housing and infrastructure.
Sec. 60014. Inclusion of minority and women's business enterprises.
Sec. 60015. Reports on outcomes.
Sec. 60016. GAO study of flood disaster assistance inequities.
Sec. 60017. Grant program for manufactured housing preservation.
Sec. 60018. Lead abatement for families.
Sec. 60019. Comptroller General report on high-speed internet 
                            connectivity in Federally-assisted housing.
Sec. 60020. Master plan for broadband connectivity in Federally-
                            assisted housing.
Sec. 60021. United States Interagency Council on Homelessness.
Sec. 60022. GAO study of housing needs of populations at higher risk of 
                            homelessness.
Sec. 60023. Buy America requirements for community development block 
                            grant activities.
Sec. 60024. Repeal of Faircloth amendment.
Sec. 60025. Study of effects of criminal history on access to housing.
      DIVISION K--REOPEN AND REBUILD AMERICA'S SCHOOLS ACT OF 2020

Sec. 70000. Short title; table of contents.
Sec. 70001. Definitions.
    TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL 
                               FACILITIES

            Subtitle A--Reservation and Allocation of Funds

Sec. 70101. Purpose and reservation.
Sec. 70102. Allocation to States.
            Subtitle B--Grants to Local Educational Agencies

Sec. 70111. Need-based grants to qualified local educational agencies.
Sec. 70112. Allowable uses of funds.
Sec. 70113. Prohibited uses.
Sec. 70114. Requirements for hazard-resistance, energy and water 
                            conservation, and air quality.
Sec. 70115. Green Practices.
Sec. 70116. Use of American iron, steel, and manufactured products.
Sec. 70117. Prohibition on use of funds for facilities of for-profit 
                            charter schools.
Sec. 70118. Prohibition on use of funds for certain charter schools.
     Subtitle C--Annual Report and Authorization of Appropriations

Sec. 70121. Annual report on grant program.
Sec. 70122. Authorization of appropriations.
  TITLE II--OTHER REPORTS, DEVELOPMENT OF STANDARDS, AND INFORMATION 
                             CLEARINGHOUSE

Sec. 70201. Comptroller general report.
Sec. 70202. Study and report physical condition of public schools.
Sec. 70203. Development of data standards.
Sec. 70204. Information clearinghouse.
Sec. 70205. Sense of Congress on Opportunity Zones.
                   TITLE III--IMPACT AID CONSTRUCTION

Sec. 70301. Temporary increase in funding for impact aid construction.
   TITLE IV--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY 
                               PYRRHOTITE

Sec. 70401. Allocations to States.
Sec. 70402. Grants to local educational agencies.
Sec. 70403. Definitions.
Sec. 70404. Authorization of appropriations.
  DIVISION L--PUBLIC LANDS, TRIBAL COMMUNITIES, AND RESILIENT NATURAL 
                             INFRASTRUCTURE

Sec. 80000. Table of contents.
                TITLE I--WATER RESOURCES INFRASTRUCTURE

              Subtitle A--Water Settlements Infrastructure

Sec. 81101. Reclamation water settlements fund.
Sec. 81102. Conveyance capacity correction project.
Sec. 81103. Funding parity for water management goals and restoration 
                            goals.
 Subtitle B--FUTURE Western Water Infrastructure and Drought Resiliency

Sec. 81201. Short title.
Sec. 81202. Definitions.
                 Chapter 1--Infrastructure Development

Sec. 81211. Competitive grant program for the funding of water 
                            recycling and reuse projects.
Sec. 81212. Storage project development reports to congress.
Sec. 81213. Funding for storage and supporting projects.
Sec. 81214. Extension of existing requirements for grandfathered 
                            storage projects.
Sec. 81215. Desalination project development.
Sec. 81216. Assistance for disadvantaged communities without adequate 
                            drinking water.
                Chapter 2--IMPROVED TECHNOLOGY AND DATA

Sec. 81221. Reauthorization of water availability and use assessment 
                            program.
Sec. 81222. Renewal of advisory committee on water information.
Sec. 81223. Desalination technology development.
Sec. 81224. X-prize for water technology breakthroughs.
Sec. 81225. Study examining sediment transport.
Sec. 81226. Determination of water supply allocations.
Sec. 81227. Federal priority streamgages.
Sec. 81228. Study examining climate vulnerabilities at federal dams.
Sec. 81229. Innovative technology adoption.
            Chapter 3--ECOSYSTEM PROTECTION AND RESTORATION

Sec. 81231. Waterbird habitat creation program.
Sec. 81232. Cooperative watershed management program.
Sec. 81233. Competitive grant program for the funding of watershed 
                            health projects.
Sec. 81234. Support for refuge water deliveries.
Sec. 81235. Drought planning and preparedness for critically important 
                            fisheries.
Sec. 81236. Aquatic ecosystem restoration.
Sec. 81237. Reauthorization of the Fisheries Restoration and Irrigation 
                            Mitigation Act of 2000.
Sec. 81238. Report on fish that inhabit waters that contain 
                            perfluoroalkyl or polyfluoroalkyl 
                            substances.
              Chapter 4--WATER JOB TRAINING AND EDUCATION

Sec. 81241. Water resource education.
                        Chapter 5--MISCELLANEOUS

Sec. 81251. Offset.
Sec. 81252. Delayed water project recommendations.
Sec. 81253. Continued use of Pick-Sloan Missouri Basin Program project 
                            use power by the Kinsey Irrigation Company 
                            and the Sidney Water Users Irrigation 
                            District.
                   Subtitle C--Western Water Security

Sec. 81301. Definitions.
       Chapter 1--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT

Sec. 81311. Watersmart extension and expansion.
Sec. 81312. Emergency drought funding.
Sec. 81313. Rio Grande Pueblo Irrigation Infrastructure 
                            Reauthorization.
Sec. 81314. Puerto Rico WaterSMART Grants Eligibility.
                   Chapter 2--GROUNDWATER MANAGEMENT

Sec. 81321. Reauthorization and expansion of the Transboundary Aquifer 
                            Assessment Program.
Sec. 81322. Groundwater management assessment and improvement.
Sec. 81323. Surface and groundwater water availability and the energy 
                            nexus.
      Chapter 3--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION

Sec. 81331. Definitions.
Sec. 81332. Water acquisition program.
Sec. 81333. Middle Rio Grande Water Conservation.
Sec. 81334. Sustaining biodiversity during droughts.
Sec. 81335. Reauthorization of cooperative watershed management 
                            program.
                   Chapter 4--EFFECT ON EXISTING LAW

Sec. 81341. Effect on existing law.
            Subtitle D--Water Resources Research Amendments

Sec. 81411. Water Resources Research Act amendments.
               Subtitle E--Ground Water Recharge Planning

Sec. 81511. Ground water recharge planning.
                Subtitle F--Tribal Water Infrastructure

Sec. 81611. Finding.
Sec. 81612. Indian Health Services Sanitation Facilities Construction 
                            Program funding.
            Subtitle G--Navajo Utah Water Rights Settlement

Sec. 81711. Purposes.
Sec. 81712. Definitions.
Sec. 81713. Ratification of agreement.
Sec. 81714. Navajo water rights.
Sec. 81715. Navajo trust accounts.
Sec. 81716. Authorization of appropriations.
Sec. 81717. Conditions precedent.
Sec. 81718. Waivers and releases.
Sec. 81719. Miscellaneous provisions.
Sec. 81720. Relation to allottees.
Sec. 81721. Antideficiency.
          TITLE II--NATIONAL PARKS, FORESTS, AND PUBLIC LANDS

              Subtitle A--Public Lands Telecommunications

Sec. 82101. Definitions.
Sec. 82102. Collection and retention of rental fees associated with 
                            communications use authorizations on 
                            Federal lands and Federal land management 
                            agency support for communication site 
                            programs.
Sec. 82103. Cooperative agreement authority.
                      Subtitle B--Outdoors for All

Sec. 82201. Definitions.
Sec. 82202. Grants authorized.
Sec. 82203. Eligible uses.
Sec. 82204. National park service requirements.
Sec. 82205. Reporting.
Sec. 82206. Revenue sharing.
                Subtitle C--Updated Borrowing Authority

Sec. 82301. Presidio Trust borrowing authority.
 Subtitle D--Forest Service Legacy Roads and Trails Remediation Program

Sec. 82401. Forest Service Legacy Roads and Trails Remediation Program.
                        Subtitle E--Long Bridge

Sec. 82501. Authorization of National Park Service conveyances.
          Subtitle F--Western Riverside County Wildlife Refuge

Sec. 82601. Western Riverside County Wildlife Refuge.
Sec. 82602. Purpose.
Sec. 82603. Notification of establishment.
Sec. 82604. Boundaries.
Sec. 82605. Administration.
Sec. 82606. Acquisition and transfers of lands and waters for wildlife 
                            refuge.
                    Subtitle G--Tribal Land to Trust

Sec. 82701. Lands to be taken into trust.
                     TITLE III--OCEANS AND WILDLIFE

     Subtitle A--Coastal and Great Lakes Resiliency and Restoration

Sec. 83101. Shovel-Ready Restoration and Resiliency Grant Program.
Sec. 83102. Living Shoreline Grant Program.
            Subtitle B--Wildlife Corridors Conservation Act

Sec. 83201. Definitions.
 Chapter 1--National Wildlife Corridor System on Federal Land and Water

Sec. 83211. National wildlife corridors.
Sec. 83212. Administrative designation of national wildlife corridors.
Sec. 83213. Management of national wildlife corridors.
               Chapter 2--Wildlife Corridors Conservation

  subchapter a--national wildlife corridor system on federal land and 
                                 water

Sec. 83311. Collaboration and coordination.
Sec. 83312. Effect.
                subchapter b--tribal wildlife corridors

Sec. 83321. Tribal Wildlife Corridors.
Sec. 83322. Protection of Indian Tribes.
 subchapter c--wildlife movement grant program on non-federal land and 
                                 water

Sec. 83331. Wildlife movements grant program.
Sec. 83332. National Coordination Committee.
Sec. 83333. Regional wildlife movement councils.
           subchapter d--national wildlife corridors database

Sec. 83341. National wildlife corridors database.
                           Chapter 3--Funding

Sec. 83401. Wildlife corridors stewardship fund.
Sec. 83402. Authorization of appropriations.
               Chapter 4--Authorization of Appropriations

  subchapter a--natural infrastructure for wildlife conservation and 
                              restoration

Sec. 83511. Short title.
Sec. 83512. Wildlife Conservation and Restoration Subaccount.
Sec. 83513. Technical amendments.
Sec. 83514. Savings clause.
 subchapter b--natural infrastructure for tribal wildlife conservation 
                            and restoration

Sec. 83521. Indian Tribes.
                        Chapter 5--Miscellaneous

Sec. 83601 Reauthorization of Chesapeake Bay gateways and watertrails 
                            network.
                            TITLE IV--ENERGY

 Subtitle A--Establishment of Federal Orphaned Well Remediation Program

Sec. 84101. Establishment of federal orphaned well remediation program.
Sec. 84102. Federal bonding reform.
   Subtitle B--Surface Mining Control and Reclamation Act Amendments

Sec. 84201. Abandoned Mine Land Reclamation Fund.
Sec. 84202. Emergency Powers.
Sec. 84203. Reclamation fee.
Subtitle C--Revitalizing the Economy of Coal Communities by Leveraging 
                  Local Activities and Investing More

Sec. 84301. Economic revitalization for coal country.
Sec. 84302. Technical and conforming amendments.
Sec. 84303. Minimum State payments.
Sec. 84304. GAO study of use of funds.
Sec. 84305. Payments to certified States not affected.
          Subtitle D--Public Land Renewable Energy Development

Sec. 84401. Definitions.
Sec. 84402. Land use planning; supplements to programmatic 
                            environmental impact statements.
Sec. 84403. Environmental review on covered land.
Sec. 84404. Program to improve renewable energy project permit 
                            coordination.
Sec. 84405. Increasing economic certainty.
Sec. 84406. Limited grandfathering.
Sec. 84407. Renewable energy goal.
Sec. 84408. Disposition of revenues.
Sec. 84409. Promoting and enhancing development of geothermal energy.
Sec. 84410. Facilitation of coproduction of geothermal energy on oil 
                            and gas leases.
Sec. 84411. Noncompetitive leasing of adjoining areas for development 
                            of geothermal resources.
Sec. 84412. Savings clause.
             Subtitle E--Offshore Wind Jobs and Opportunity

Sec. 84501. Offshore Wind Career Training Grant Program.
             Subtitle F--Community Reclamation Partnerships

Sec. 84601. Reference.
Sec. 84602. State memoranda of understanding for certain remediation.
Sec. 84603. Clarifying State liability for mine drainage projects.
Sec. 84604. Conforming amendments.
               Subtitle G--Sinkhole Hazard Identification

Sec. 84701. Sinkhole hazard identification.
                        TITLE V--LABOR STANDARDS

Sec. 85101. Labor Standards.
                     DIVISION M--REVENUE PROVISIONS

Sec. 90001. Short title; etc.
                   TITLE I--INFRASTRUCTURE FINANCING

                Subtitle A--Bond Financing Enhancements

Sec. 90101. Credit to issuer for certain infrastructure bonds.
Sec. 90102. Advance refunding bonds.
Sec. 90103. Permanent modification of small issuer exception to tax-
                            exempt interest expense allocation rules 
                            for financial institutions.
Sec. 90104. Volume cap on private activity bonds.
Sec. 90105. Modifications to qualified small issue bonds.
Sec. 90106. Expansion of certain exceptions to the private activity 
                            bond rules for first-time farmers.
Sec. 90107. Exempt facility bonds for zero-emission vehicle 
                            infrastructure.
Sec. 90108. Certain water and sewage facility bonds exempt from volume 
                            cap on private activity bonds.
Sec. 90109. Qualified highway or surface freight transfer facility 
                            bonds.
Sec. 90110. Application of Davis-Bacon Act requirements with respect to 
                            certain exempt facility bonds.
                Subtitle B--School Infrastructure Bonds

Sec. 90111. Restoration of certain qualified tax credit bonds.
Sec. 90112. School infrastructure bonds.
Sec. 90113. Annual report on bond program.
Sec. 90114. Examining loan modifications to the HBCU Capital Financing 
                            Program.
    Subtitle C--Other Provisions Related to Infrastructure Financing

Sec. 90121. Credit for operations and maintenance costs of government-
                            owned broadband.
Sec. 90122. Treatment of financial guaranty insurance companies as 
                            qualifying insurance corporations under 
                            passive foreign investment company rules.
Sec. 90123. Infrastructure grants to improve child care safety.
                    TITLE II--NEW MARKETS TAX CREDIT

Sec. 90201. Improvement and permanent extension of new markets tax 
                            credit.
                  TITLE III--REHABILITATION TAX CREDIT

Sec. 90301. Increase in rehabilitation credit.
Sec. 90302. Increase in the rehabilitation credit for certain small 
                            projects.
Sec. 90303. Modification of definition of substantially rehabilitated.
Sec. 90304. Temporary extension of period for completing 
                            rehabilitation.
Sec. 90305. Elimination of rehabilitation credit basis adjustment.
Sec. 90306. Modifications regarding certain tax-exempt use property.
Sec. 90307. Qualification of rehabilitation expenditures for public 
                            school buildings for rehabilitation credit.
                         TITLE IV--GREEN ENERGY

Sec. 90400. Short title.
    Subtitle A--Renewable Electricity and Reducing Carbon Emissions

Sec. 90401. Extension of credit for electricity produced from certain 
                            renewable resources.
Sec. 90402. Extension and modification of energy credit.
Sec. 90403. Extension of credit for carbon oxide sequestration.
Sec. 90404. Elective payment for energy property and electricity 
                            produced from certain renewable resources, 
                            etc.
Sec. 90405. Extension of energy credit for offshore wind facilities.
Sec. 90406. Green energy publicly traded partnerships.
                      Subtitle B--Renewable Fuels

Sec. 90411. Biodiesel and renewable diesel.
Sec. 90412. Extension of excise tax credits relating to alternative 
                            fuels.
Sec. 90413. Extension of second generation biofuel incentives.
   Subtitle C--Green Energy and Efficiency Incentives for Individuals

Sec. 90421. Extension, increase, and modifications of nonbusiness 
                            energy property credit.
Sec. 90422. Residential energy efficient property.
Sec. 90423. Energy efficient commercial buildings deduction.
Sec. 90424. Extension, increase, and modifications of new energy 
                            efficient home credit.
Sec. 90425. Modifications to income exclusion for conservation 
                            subsidies.
        Subtitle D--Greening the Fleet and Alternative Vehicles

Sec. 90431. Modification of limitations on new qualified plug-in 
                            electric drive motor vehicle credit.
Sec. 90432. Credit for previously-owned qualified plug-in electric 
                            drive motor vehicles.
Sec. 90433. Credit for zero-emission heavy vehicles and zero-emission 
                            buses.
Sec. 90434. Qualified fuel cell motor vehicles.
Sec. 90435. Alternative fuel refueling property credit.
Sec. 90436. Modification of employer-provided fringe benefits for 
                            bicycle commuting.
             Subtitle E--Investment in the Green Workforce

Sec. 90441. Extension of the advanced energy project credit.
Sec. 90442. Labor costs of installing mechanical insulation property.
Sec. 90443. Labor standards for certain energy jobs.
                   Subtitle F--Environmental Justice

Sec. 90451. Qualified environmental justice program credit.
 Subtitle G--Treasury Report on Data From the Greenhouse Gas Reporting 
                                Program

Sec. 90461. Report on Greenhouse Gas Reporting Program.
                    TITLE V--DISASTER AND RESILIENCY

Sec. 90501. Exclusion of amounts received from state-based catastrophe 
                            loss mitigation programs.
Sec. 90502. Repeal of temporary limitation on personal casualty losses.
                           TITLE VI--HOUSING

         Subtitle A--Low-Income Housing Tax Credit Improvements

Sec. 90601. Extension of period for rehabilitation expenditures.
Sec. 90602. Extension of basis expenditure deadline.
Sec. 90603. Tax-exempt bond financing requirement.
Sec. 90604. Minimum credit rate.
Sec. 90605. Increases in State allocations.
Sec. 90606. Increase in credit for certain projects designated to serve 
                            extremely low-income households.
Sec. 90607. Inclusion of Indian areas as difficult development areas 
                            for purposes of certain buildings.
Sec. 90608. Inclusion of rural areas as difficult development areas.
Sec. 90609. Increase in credit for bond-financed projects designated by 
                            housing credit agency.
Sec. 90610. Repeal of qualified contract option.
Sec. 90611. Prohibition of local approval and contribution 
                            requirements.
Sec. 90612. Adjustment of credit to provide relief during COVID-19 
                            outbreak.
Sec. 90613. Credit for low-income housing supportive services.
                 Subtitle B--Neighborhood Homes Credit

Sec. 90621. Neighborhood homes credit.
                     TITLE VII--TRIBAL DEVELOPMENT

Sec. 90701. Treatment of Indian Tribes as States with respect to bond 
                            issuance.
Sec. 90702. Treatment of Tribal foundations and charities like 
                            charities funded and controlled by other 
                            governmental funders and sponsors.
Sec. 90703. New markets tax credit.
            TITLE VIII--HIGHWAY TRUST FUND AND RELATED TAXES

Sec. 90801. Extension of Highway Trust Fund expenditure authority.
Sec. 90802. Extension of highway-related taxes.
Sec. 90803. Additional transfers to Highway Trust Fund.
        DIVISION N--RIGHTS FOR TRANSPORTATION SECURITY OFFICERS

Sec. 91001. Short title.
Sec. 91002. Definitions.
Sec. 91003. Conversion of TSA personnel.
Sec. 91004. Transition rules.
Sec. 91005. Consultation requirement.
Sec. 91006. No right to strike.
Sec. 91007. Rule of construction with respect to certain crimes 
                            relating to terrorism.
Sec. 91008. Report by GAO regarding TSA recruitment.
Sec. 91009. Sense of Congress.
Sec. 91010. Assistance for Federal Air Marshal Service.
Sec. 91011. Prohibition on certain social media application.
Sec. 91012. Veterans hiring.
Sec. 91013. Prevention and protection against certain illness.
          DIVISION O--AGRICULTURE INFRASTRUCTURE IMPROVEMENTS

Sec. 92001. Reforestation Trust Fund.
                     DIVISION P--BUDGETARY EFFECTS

Sec. 93001. Budgetary effects.
                  DIVISION Q--STATE-OWNED ENTERPRISES

Sec. 94001. State-Owned enterprises prohibition.

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

  DIVISION A--FEDERAL SURFACE TRANSPORTATION PROGRAMS FOR FISCAL YEAR 
                                  2021

SEC. 100. SHORT TITLE.

    This division and division B of this Act may be cited as the 
``Investing in a New Vision for the Environment and Surface 
Transportation in America Act'' or the ``INVEST in America Act''.

SEC. 101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.

    (a) Extension of Federal Surface Transportation Programs.--
            (1) In general.--Except as otherwise provided in this 
        division, the requirements, authorities, conditions, 
        eligibilities, limitations, and other provisions authorized 
        under the covered laws, which would otherwise expire on or 
        cease to apply after September 30, 2020, are incorporated by 
        reference and shall continue in effect through September 30, 
        2021.
            (2) Authorization of appropriations.--
                    (A) Highway trust fund.--
                            (i) Highway account.--
                                    (I) In general.--Except as provided 
                                in subclause (II), there is authorized 
                                to be appropriated from the Highway 
                                Account for fiscal year 2021, for each 
                                program under the covered laws with 
                                respect to which amounts are authorized 
                                to be appropriated from such account 
                                for fiscal year 2020, an amount equal 
                                to the amount authorized for 
                                appropriation with respect to the 
                                program from such account for fiscal 
                                year 2020.
                                    (II) Administrative expenses.--
                                Notwithstanding any other provision of 
                                this division, there is authorized to 
                                be appropriated from the Highway 
                                Account for fiscal year 2021--
                                            (aa) $502,897,049 for 
                                        administrative expenses of the 
                                        Federal Highway Administration, 
                                        as described in section 104(a) 
                                        of title 23, United States 
                                        Code; and
                                            (bb) $30,086,000 for grant 
                                        administrative expenses of the 
                                        National Highway Traffic Safety 
                                        Administration, as described in 
                                        section 4001(a)(6) of the FAST 
                                        Act (Public Law 114-94).
                            (ii) Mass transit account.--There is 
                        authorized to be appropriated from the Mass 
                        Transit Account for fiscal year 2021, for each 
                        program under the covered laws with respect to 
                        which amounts are authorized to be appropriated 
                        from such account for fiscal year 2020, an 
                        amount equal to the amount authorized for 
                        appropriation with respect to the program from 
                        such account for fiscal year 2020.
                    (B) General fund.--
                            (i) In general.--Except as provided in 
                        clause (ii), there is authorized to be 
                        appropriated for fiscal year 2021, for each 
                        program with respect to which amounts are 
                        authorized to be appropriated for fiscal year 
                        2020 from an account other than the Highway 
                        Account or the Mass Transit Account under the 
                        titles described in subsection (b)(1), an 
                        amount not less than the amount authorized for 
                        appropriation with respect to the program under 
                        such titles for fiscal year 2020.
                            (ii) Administrative expenses.--
                        Notwithstanding any other provision of this 
                        division, there is authorized to be 
                        appropriated from the general fund of the 
                        Treasury for fiscal year 2021 $140,016,543 for 
                        administrative expenses of the Federal Transit 
                        Administration.
            (3) Use of funds.--Except as otherwise provided in this 
        division, amounts authorized to be appropriated for fiscal year 
        2021 with respect to a program under paragraph (2) shall be 
        distributed, administered, limited, and made available for 
        obligation in the same manner as amounts authorized to be 
        appropriated with respect to the program for fiscal year 2020 
        under the covered laws.
            (4) Obligation limitation.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a program for which amounts are authorized to be 
                appropriated under paragraph (2)(A) shall be subject to 
                a limitation on obligations for fiscal year 2021 in the 
                same amount and in the same manner as the limitation 
                applicable with respect to the program for fiscal year 
                2020 under the Department of Transportation 
                Appropriations Act, 2020 (Public Law 116-94), as in 
                effect on December 20, 2019.
                    (B) Federal-aid highway and highway safety 
                construction programs.--
                            (i) In general.--Notwithstanding any other 
                        provision of this division, section 1102 of the 
                        FAST Act (Public Law 114-94), or the Department 
                        of Transportation Appropriations Act, 2020 
                        (Public Law 116-94), for fiscal year 2021, the 
                        obligations for Federal-aid highway and highway 
                        safety construction programs shall not exceed 
                        $46,387,191,360.
                            (ii) Limitation on federal highway 
                        administration administrative expenses.--
                        Notwithstanding any other provision of this 
                        division, of the amount described in clause 
                        (i), for fiscal year 2021 an amount not to 
                        exceed $478,897,049, together with advances and 
                        reimbursements received by the Federal Highway 
                        Administration, shall be obligated for 
                        necessary expenses for administration and 
                        operation of the Federal Highway 
                        Administration.
    (b) Definitions.--In this section, the term ``covered laws'' means 
the following:
            (1) Titles I, III, IV, V, and VI of division A of the FAST 
        Act (Public Law 114-94).
            (2) Division A, division B, subtitle A of title I and title 
        II of division C, and division E of MAP-21 (Public Law 112-
        141).
            (3) Titles I, II, and III of the SAFETEA-LU Technical 
        Corrections Act of 2008 (Public Law 110-244).
            (4) Titles I, II, III, IV, V, and VI of SAFETEA-LU (Public 
        Law 109-59).
            (5) Titles I, II, III, IV, and V of the Transportation 
        Equity Act for the 21st Century (Public Law 105-178).
            (6) Titles II, III, and IV of the National Highway System 
        Designation Act of 1995 (Public Law 104-59).
            (7) Title I, part A of title II, title III, title IV, title 
        V, and title VI of the Intermodal Surface Transportation 
        Efficiency Act of 1991 (Public Law 102-240).
            (8) Title 23, United States Code.
            (9) Sections 116, 117, 330, and 5505 and chapters 53, 139, 
        303, 311, 313, 701, and 702 of title 49, United States Code.

SEC. 102. FEDERAL HIGHWAY ADMINISTRATION.

    (a) Additional Amounts.--
            (1) Authorization of appropriations.--
                    (A) In general.--In addition to amounts authorized 
                under section 101, there is authorized to be 
                appropriated from the Highway Account for fiscal year 
                2021, for activities under this section, 
                $14,742,808,640.
                    (B) Contract authority.--Amounts authorized to be 
                appropriated under subparagraph (A) shall be available 
                for obligation as if apportioned under chapter 1 of 
                title 23, United States Code.
            (2) Obligation ceiling.--
                    (A) In general.--Notwithstanding any other 
                provision of law, for fiscal year 2021, obligations for 
                activities authorized under paragraph (1) shall not 
                exceed $14,742,808,640.
                    (B) Distribution of obligation authority.--
                            (i) In general.--Of the obligation 
                        authority provided under subparagraph (A), the 
                        Secretary shall make available to States, 
                        Tribes, Puerto Rico, the territories, and 
                        Federal land management agencies, during the 
                        period of fiscal year 2021, amounts of 
                        obligation authority equal to the amounts 
                        described in subparagraphs (A) through (E) of 
                        paragraph (3), respectively.
                            (ii) Further distribution.--Each State, 
                        each Tribe, Puerto Rico, each territory, and 
                        each Federal land management agency receiving 
                        funds under subparagraphs (A) through (E) of 
                        paragraph (3), respectively, shall receive an 
                        amount of obligation authority equal to the 
                        funds that it receives under any of such 
                        subparagraphs.
                    (C) Redistribution of unused obligation 
                authority.--
                            (i) In general.--Notwithstanding 
                        subparagraph (B), the Secretary shall, after 
                        August 1 of fiscal year 2021--
                                    (I) revise a distribution of the 
                                obligation authority made available 
                                under subparagraph (B) if an amount 
                                distributed cannot be obligated during 
                                that fiscal year; and
                                    (II) redistribute sufficient 
                                amounts to those States able to 
                                obligate amounts in addition to those 
                                previously distributed during that 
                                fiscal year, giving priority to those 
                                States having large unobligated 
                                balances of funds apportioned under 
                                sections 144 (as in effect on the day 
                                before the date of enactment of MAP-21 
                                (Public Law 112-141)) and 104 of title 
                                23, United States Code.
                            (ii) Administration.--The Secretary shall 
                        administer a redistribution under clause (i) of 
                        obligation authority provided under 
                        subparagraph (B) in a similar manner as the 
                        standard August redistribution.
                            (iii) Use of obligation authority.--A State 
                        may use obligation authority that it receives 
                        pursuant to this subparagraph in the same 
                        manner that it uses obligation authority that 
                        it receives as part of the standard August 
                        redistribution.
            (3) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2021 under paragraph (1) shall be 
        distributed as follows:
                    (A) $14,384,629,710 to the States.
                    (B) $167,481,814 to Tribes.
                    (C) $52,400,251 to Puerto Rico.
                    (D) $13,929,181 to the territories.
                    (E) $124,367,684 to Federal land management 
                agencies.
            (4) State funds.--
                    (A) Distribution.--
                            (i) In general.--Amounts made available 
                        under paragraph (3)(A) shall be distributed 
                        among the States in the same ratio as total 
                        State apportionments under section 104(c)(1) of 
                        title 23, United States Code, in fiscal year 
                        2020.
                            (ii) Suballocation.--
                                    (I) In general.--Amounts 
                                distributed among the States under 
                                clause (i) shall be suballocated within 
                                the State to an area described in 
                                subclause (II) in the proportion that--
                                            (aa) the total amount of 
                                        funds suballocated to such area 
                                        of the State as described in 
                                        such subclause for fiscal year 
                                        2020; bears to
                                            (bb) the total amount of 
                                        funds apportioned to the State 
                                        for the Federal-aid highway 
                                        program under section 104 of 
                                        title 23, United States Code, 
                                        for fiscal year 2020.
                                    (II) Areas described.--The areas 
                                described in this subclause are--
                                            (aa) urbanized areas of the 
                                        State with an urbanized area 
                                        population of over 200,000;
                                            (bb) areas of the State 
                                        other than urban areas with a 
                                        population greater than 5,000; 
                                        and
                                            (cc) other areas of the 
                                        State.
                    (B) Treatment.--Except as otherwise provided in 
                this paragraph, amounts made available under paragraph 
                (3)(A) shall be administered as if apportioned under 
                chapter 1 of title 23, United States Code.
                    (C) Use of funds.--Amounts made available under 
                paragraph (3)(A) may be obligated for--
                            (i) eligible projects described in section 
                        133(b) of title 23, United States Code, subject 
                        to section 133(c) of such title; and
                            (ii) administrative expenses, including 
                        salaries and benefits, of--
                                    (I) the State department of 
                                transportation;
                                    (II) a local transportation agency; 
                                or
                                    (III) a metropolitan planning 
                                organization.
            (5) Tribal funds.--
                    (A) Treatment.--
                            (i) In general.--Except as otherwise 
                        provided in this paragraph, amounts made 
                        available under paragraph (3)(B) shall be 
                        administered as if made available under section 
                        202 of title 23, United States Code.
                            (ii) Nonapplicability of certain provisions 
                        of law.--Subsections (a)(6), (c), (d), and (e) 
                        of section 202 of title 23, United States Code, 
                        shall not apply to amounts made available under 
                        paragraph (3)(B).
                    (B) Use of funds.--Amounts made available under 
                paragraph (3)(B) may be obligated for--
                            (i) activities eligible under section 
                        202(a)(1) of title 23, United States Code; and
                            (ii) transportation-related administrative 
                        expenses, including salaries and benefits, of 
                        the Tribe.
            (6) Funds for puerto rico and the territories.--
                    (A) Treatment.--
                            (i) In general.--Except as otherwise 
                        provided in this paragraph, amounts made 
                        available under paragraphs (3)(C) and (3)(D) 
                        shall be administered as if allocated under 
                        sections 165(b) and 165(c), respectively, of 
                        title 23, United States Code.
                            (ii) Nonapplicability of certain provisions 
                        of law.--Section 165(b)(2) of title 23, United 
                        States Code, shall not apply to amounts made 
                        available to Puerto Rico under paragraph 
                        (3)(C).
                    (B) Use of funds.--
                            (i) Puerto rico.--Amounts made available to 
                        Puerto Rico under paragraph (3)(C) may be 
                        obligated for--
                                    (I) activities eligible under 
                                chapter 1 of title 23, United States 
                                Code; and
                                    (II) transportation related 
                                administrative expenses, including 
                                salaries and benefits.
                            (ii) Territories.--Amounts made available 
                        to a territory under paragraph (3)(D) may be 
                        obligated for--
                                    (I) activities eligible under 
                                section 165(c)(6) of title 23, United 
                                States Code, subject to section 
                                165(c)(7) of such title; and
                                    (II) transportation-related 
                                administrative expenses, including 
                                salaries and benefits.
            (7) Federal land management agency funds.--
                    (A) Distribution.--Amounts made available under 
                paragraph (3)(E) shall be distributed among the Federal 
                land management agencies as follows:
                            (i) $99,494,147 for the National Park 
                        Service.
                            (ii) $9,949,415 for the United States Fish 
                        and Wildlife Service.
                            (iii) $6,301,296 for the United States 
                        Forest Service.
                            (iv) $8,622,826 to be allocated to the 
                        applicable Federal land management agencies as 
                        described in section 203(b) of title 23, United 
                        States Code.
                    (B) Treatment.--Amounts made available under 
                paragraph (3)(E) shall be administered as if made 
                available under section 203 of title 23, United States 
                Code.
            (8) Disadvantaged business enterprises.--Section 1101(b) of 
        the FAST Act (Public Law 114-94) shall apply to additional 
        amounts made available under paragraph (1).
    (b) Special Rules for Fiscal Year 2021.--
            (1) Suballocated amounts.--
                    (A) Use of funds.--Amounts authorized to be 
                appropriated for fiscal year 2021 with respect to a 
                program under section 101(a)(2)(A) that are 
                suballocated pursuant to section 133(d)(1)(A) of title 
                23, United States Code, may be obligated for--
                            (i) eligible projects as described in 
                        section 133(b) of title 23, United States Code; 
                        or
                            (ii) administrative expenses, including 
                        salaries and benefits, of--
                                    (I) a local transportation agency; 
                                or
                                    (II) a metropolitan planning 
                                organization.
                    (B) Obligation authority.--
                            (i) In general.--A State that is required 
                        to obligate in an urbanized area with an 
                        urbanized area population of over 200,000 
                        individuals under section 133(d) of title 23, 
                        United States Code, funds apportioned to the 
                        State under section 104(b)(2) of such title 
                        shall make available during the period of 
                        fiscal years 2016 through 2021 an amount of 
                        obligation authority distributed to the State 
                        for Federal-aid highways and highway safety 
                        construction programs for use in the area that 
                        is equal to the amount obtained by 
                        multiplying--
                                    (I) the aggregate amount of funds 
                                that the State is required to obligate 
                                in the area under section 133(d) of 
                                title 23, United States Code, during 
                                the period; and
                                    (II) the ratio that--
                                            (aa) the aggregate amount 
                                        of obligation authority 
                                        distributed to the State for 
                                        Federal-aid highways and 
                                        highway safety construction 
                                        programs during the period; 
                                        bears to
                                            (bb) the total of the sums 
                                        apportioned to the State for 
                                        Federal-aid highways and 
                                        highway safety construction 
                                        programs (excluding sums not 
                                        subject to an obligation 
                                        limitation) during the period.
                            (ii) Joint responsibility.--Each State, 
                        each affected metropolitan planning 
                        organization, and the Secretary shall jointly 
                        ensure compliance with clause (i).
            (2) Ferry boat program.--Amounts authorized to be 
        appropriated for fiscal year 2021 with respect to a program 
        under section 101(a)(2)(A) that are made available for the 
        construction of ferry boats and ferry terminal facilities under 
        section 147 of title 23, United States Code, may be obligated--
                    (A) in accordance with sections 129(c) and 147 of 
                title 23, United States Code;
                    (B) for administrative expenses, including salaries 
                and benefits, of a ferry boat operator or ferry 
                terminal facility operator eligible for Federal 
                participation under section 129(c) of title 23, United 
                States Code; and
                    (C) for operating costs associated with a ferry 
                boat or ferry terminal facility eligible for Federal 
                participation under section 129(c) of title 23, United 
                States Code.
            (3) Nationally significant freight and highway projects.--
        In fiscal year 2021, the program carried out under section 117 
        of title 23, United States Code, shall, in addition to any 
        otherwise applicable requirements, be subject to the following 
        provisions:
                    (A) Multimodal projects.--Notwithstanding 
                subsection (d)(2)(A) of such section, the limitation 
                for projects described in such subsection shall be 
                $600,000,000 for fiscal years 2016 through 2021.
                    (B) Additional considerations.--Notwithstanding 
                subsection (h)(2) of such section, the Secretary shall 
                not consider the utilization of non-Federal 
                contributions.
                    (C) Evaluation and rating.--To evaluate 
                applications for funding under such section, the 
                Secretary shall--
                            (i) determine whether a project is eligible 
                        for a grant under such section;
                            (ii) evaluate, through a methodology that 
                        is discernible and transparent to the public, 
                        how each application addresses the merit 
                        criteria established by the Secretary;
                            (iii) assign a quality rating for each 
                        merit criteria for each application based on 
                        the evaluation under clause (ii);
                            (iv) ensure that applications receive final 
                        consideration by the Secretary to receive an 
                        award under such section only on the basis of 
                        such quality ratings and that the Secretary 
                        gives final consideration only to applications 
                        that meet the minimally acceptable level for 
                        each of the merit criteria; and
                            (v) award grants only to projects rated 
                        highly under the evaluation and rating process.
                    (D) Publication and methodology.--In any published 
                notice of funding opportunity for a grant under such 
                section, the Secretary shall include detailed 
                information on the rating methodology and merit 
                criteria to be used to evaluate applications.
                    (E) Repeat applications.--
                            (i) Briefing.--The Secretary shall provide 
                        to each applicant that applied for, but did not 
                        receive, funding under such section in fiscal 
                        year 2019 or 2020, at the request of the 
                        applicant, the opportunity to receive a 
                        briefing to--
                                    (I) explain any reasons the 
                                application was not selected for 
                                funding; and
                                    (II) advise the applicant on how to 
                                improve the application for 
                                resubmission in fiscal year 2021 under 
                                the application criteria described in 
                                this paragraph.
                            (ii) Supplementary application.--
                                    (I) In general.--An applicant for 
                                funding under such section may elect to 
                                resubmit an application from a previous 
                                solicitation with a supplementary 
                                appendix that describes how the 
                                proposed project meets the requirements 
                                of section 117 of title 23, United 
                                States Code, and this paragraph.
                                    (II) Requirements.--The Secretary 
                                shall ensure that applications 
                                submitted under subclause (I), 
                                including the supplementary appendix, 
                                are evaluated based on such 
                                requirements.
                    (F) Congressional notification.--A notification 
                submitted pursuant to subsection (m) of such section 
                shall include--
                            (i) a summary of each application submitted 
                        and, at the request of either Committee, a copy 
                        of any application submitted;
                            (ii) a list of any projects the Secretary 
                        determined were not eligible for funding;
                            (iii) a description of the specific 
                        criteria used for each evaluation, including 
                        the quality rating assigned for each eligible 
                        application submitted;
                            (iv) a list of all projects that advanced 
                        to the Secretary for consideration; and
                            (v) a detailed justification of the basis 
                        for each award proposed to be selected.
    (c) Federal Share.--
            (1) In general.--Except as provided in paragraph (3) and 
        notwithstanding section 120 of title 23, United States Code, or 
        any other provision of this division, the Federal share 
        associated with funds described in paragraph (2) that are 
        obligated during fiscal year 2021 may be up to 100 percent.
            (2) Funds described.--The funds described in this paragraph 
        are funds made available for the implementation or execution of 
        Federal-aid highway and highway safety construction programs 
        authorized under title 23 or 49, United States Code, the FAST 
        Act (Public Law 114-94), or this division.
            (3) Exceptions.--Paragraph (1) shall not apply to amounts 
        obligated under section 115 or 117 of title 23, United States 
        Code, or chapter 6 of such title.
    (d) Administrative Expenses.--
            (1) Self-certification and audit.--
                    (A) In general.--Prior to the obligation of funds 
                for administrative expenses pursuant to paragraph 
                (4)(C)(ii), (5)(B)(ii), (6)(B)(i)(II), or 
                (6)(B)(ii)(II) of subsection (a) or paragraphs 
                (1)(A)(ii) and (2)(B) of subsection (b), a State, a 
                Tribe, Puerto Rico, or a territory, as applicable, 
                shall certify to the Secretary that such administrative 
                expenses meet the requirements of such paragraphs, as 
                applicable.
                    (B) Audit.--The Secretary may conduct an audit to 
                review obligations of funds and liquidation of such 
                obligations for eligible administrative expenses 
                described under subparagraph (A).
            (2) Planning.--Notwithstanding any other provision of law, 
        administrative expenses described in paragraph (1)(A) shall not 
        be required to be included in a metropolitan transportation 
        plan, a long-range statewide transportation plan, a 
        transportation improvement program, or a statewide 
        transportation improvement program under sections 134 or 135 of 
        title 23, United States Code, or chapter 53 of title 49, United 
        States Code, as applicable.
    (e) Definitions.--In this section, the following definitions apply:
            (1) Standard august redistribution.--The term ``standard 
        August redistribution'' means the redistribution of obligation 
        authority that the Secretary is directed to administer under--
                    (A) section 1102(d) of the FAST Act (Public Law 
                114-94); or
                    (B) any Act making appropriations for the 
                Department of Transportation for fiscal year 2021.
            (2) State.--The term ``State'' means the 50 States and the 
        District of Columbia.
            (3) Territory.--The term ``territory'' means any of the 
        following territories of the United States:
                    (A) American Samoa.
                    (B) The Commonwealth of the Northern Mariana 
                Islands.
                    (C) Guam.
                    (D) The United States Virgin Islands.
            (4) Urban area; urbanized area.--The terms ``urban area'' 
        and ``urbanized area'' have the meanings given such terms in 
        section 101 of title 23, United States Code.

SEC. 103. FEDERAL TRANSIT ADMINISTRATION.

    (a) Additional Amounts.--
            (1) Authorization of appropriations from mass transit 
        account.--
                    (A) In general.--In addition to amounts authorized 
                under section 101, there is authorized to be 
                appropriated from the Mass Transit Account for fiscal 
                year 2021, for activities under this section, 
                $5,794,851,538.
                    (B) Apportionment.--Amounts authorized under 
                subparagraph (A) shall be apportioned in accordance 
                with section 5310, section 5311 (other than subsections 
                (b)(3), (c)(1)(A), and (c)(2) of such section), section 
                5336 (other than subsection (h)(4) of such section), 
                section 5337, and section 5340 of title 49, United 
                States Code, except that funds apportioned under 
                section 5337 of such title shall be added to funds 
                apportioned under section 5307 of such title for 
                administration under section 5307 of such title.
                    (C) Allocation.--The Secretary shall allocate the 
                amounts authorized to be appropriated to sections 5307, 
                5310, 5311, 5337, and 5340 of title 49, United States 
                Code, among such sections in the same ratio as funds 
                are provided in the fiscal year 2020 appropriations.
                    (D) Obligation limitation.--Notwithstanding any 
                other provision of law, for fiscal year 2021, 
                obligations for activities authorized under this 
                paragraph shall not exceed $5,794,851,538.
            (2) Authorization of appropriations from general fund.--In 
        addition to amounts authorized under section 101(a)(1)(B), 
        there is authorized to be appropriated from the general fund of 
        the Treasury--
                    (A) $958,000,000 to carry out section 5309 of title 
                49, United States Code; and
                    (B) such sums as may be necessary to be made 
                available as described in subsection (c) and that such 
                sums shall be designated by the Congress as being for 
                an emergency requirement pursuant to section 
                251(b)(2)(A)(i) of the Balanced Budget and Emergency 
                Deficit Control Act of 1985.
            (3) Disadvantaged business enterprises.--Section 1101(b) of 
        the FAST Act (Public Law 114-94) shall apply to additional 
        amounts made available under this subsection.
    (b) Special Rules for Fiscal Year 2021.--
            (1) Use of funds.--Notwithstanding 5307(a)(1) of title 49, 
        United States Code, amounts made available under subsection 
        (a)(1)(A) may be obligated for--
                    (A) operating expenses, including, beginning on 
                January 20, 2020--
                            (i) reimbursement for operating costs to 
                        maintain service and offset lost revenue, 
                        including the purchase of personal protective 
                        equipment; and
                            (ii) paying the administrative leave of 
                        operations personnel due to reductions in 
                        service; and
                    (B) any other activity eligible under section 5307, 
                5310, 5311, or 5337 of title 49, United States Code.
            (2) Conditions.--Recipients use of funds under paragraph 
        (1) shall--
                    (A) not require that operating expenses described 
                in paragraph (1)(A) be included in a metropolitan 
                transportation plan, long-range statewide 
                transportation plan, a transportation improvement 
                program, or a statewide transportation improvement 
                program;
                    (B) meet the requirements of section 5333 of title 
                49, United States Code; and
                    (C) to the maximum extent possible, be directed to 
                payroll and public transit service, unless the 
                recipient certifies to the Secretary that such 
                recipient has not furloughed any employees.
            (3) Oversight.--
                    (A) Of the amounts made available to carry out this 
                section, the percentages available for oversight in 
                section 5338(f)(1) of title 49, United States Code, 
                shall apply to the allocations of funds in subsection 
                (a)(1)(C).
                    (B) Use of funds.--Amounts made available under 
                subsection (a)(1)(A) shall be available for 
                administrative expenses and program management 
                oversight as authorized under sections 5334 and 
                5338(f)(2) of title 49, United States Code.
            (4) Administration of grants.--Amounts made available under 
        subsection (a)(1)(A) shall be administered, at the option of 
        the recipient, as grants provided under the CARES Act (Public 
        Law 116-136) are administered.
    (c) CIG COVID-19 Emergency Relief Program.--
            (1) In general.--From amounts made available under 
        subsection (a)(2)(B) and notwithstanding section 
        5309(k)(2)(C)(ii), section 5309(a)(7)(B), or section 
        5309(l)(1)(B)(ii) of title 49, United States Code, at the 
        request of a project sponsor, the Secretary shall use such sums 
        as may be necessary to provide an additional 30 percent of 
        total project costs for any project under--
                    (A) 5309(d) of title 49, United States Code, that 
                has been approved for advancement into the engineering 
                phase;
                    (B) 5309(e) of title 49, United States Code, that 
                has entered into the project development phase or 
                approved for advancement into the engineering phase;
                    (C) subsection (d) or (e) of section 5309 of title 
                49, United States Code, that has a full funding grant 
                agreement entered into under either such subsection 
                after January 1, 2017; and
                    (D) section 5309(h) of title 49, United States 
                Code, that the Federal Transit Administration has a 
                small starts grant award or agreement entered into 
                after January, 1, 2017, or that has been recommended by 
                the Administration for an allocation of capital 
                investment funds that were appropriated in fiscal year 
                2018, 2019, or 2020.
            (2) Project eligibility.--From amounts made available under 
        subsection (a)(2)(B), the Secretary shall use such sums as may 
        be necessary for projects under section 5309 of title 49, 
        United States Code, that--
                    (A) are not eligible for funds made available under 
                paragraph (1); and
                    (B) have remaining scheduled Federal funds to be 
                appropriated under a full funding grant agreement under 
                such section.
            (3) Deferred local share.--The Secretary shall allow a 
        project sponsor to defer payment of the local share for any 
        project described in paragraphs (1) and (2).
            (4) Total project cost.--In this subsection, the term 
        ``total project cost'' means the most recent total project cost 
        stipulated in--
                    (A) the full funding grant agreement;
                    (B) the approval into project engineering;
                    (C) the project rating for a project not yet 
                approved into project engineering;
                    (D) the small starts grant or grant agreement; or
                    (E) the project rating for a small starts project 
                that has not yet been awarded a grant or grant 
                agreement.
            (5) Federal share.--The Federal share of the costs of a 
        project under this subsection may not exceed 80 percent.
            (6) Application of law.--For purposes of paragraph (1), the 
        Secretary shall apply section 7001(b) of this Act when 
        providing the additional 30 percent of total project costs to 
        any project that meets the criteria in such section.
    (d) Federal Share.--
            (1) In general.--Notwithstanding chapter 53 of title 49, 
        United States Code, or any other provision of this division, 
        the Federal share associated with funds described in paragraph 
        (2) that are obligated during fiscal year 2021 may be up to 100 
        percent.
            (2) Funds described.--The funds described in this paragraph 
        are funds made available for the implementation of transit 
        programs authorized by chapter 53 of title 49, United States 
        Code, the FAST Act (Public Law 114-94), or this division, 
        excluding funds made available to projects under section 5309 
        of title 49, United States Code.
    (e) Condition for Apportionment.--No funds authorized in this 
division or any other Act may be used to adjust Mass Transit Account 
apportionments or withhold funds from Mass Transit Account 
apportionments pursuant to section 9503(e)(4) of the Internal Revenue 
Code of 1986 in fiscal year 2021.

SEC. 104. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION.

    (a) Special Funding for Fiscal Year 2021.--
            (1) In general.--
                    (A) Authorization of appropriations.--In addition 
                to amounts authorized under section 101, there is 
                authorized to be appropriated from the Highway Account 
                for fiscal year 2021, for activities under this 
                subsection, $244,514,000.
                    (B) Contract authority.--Amounts authorized under 
                subparagraph (A) shall be available for obligation in 
                the same manner as if such funds were apportioned under 
                chapter 1 of title 23, United States Code.
                    (C) Obligation limitation.--Notwithstanding any 
                other provision of law, for fiscal year 2021, 
                obligations for activities authorized under this 
                paragraph and obligations for activities authorized 
                under section 101(a)(2)(A)(i)(II)(bb) that exceed 
                amounts authorized under section 4001(a)(6) of the FAST 
                Act (Public Law 114-94) shall not exceed $247,783,000.
            (2) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2021 under paragraph (1) shall be 
        distributed as follows:
                    (A) $105,000,000 for carrying out section 402 of 
                title 23, United States Code.
                    (B) $15,312,000 for carrying out section 403 of 
                title 23, United States Code.
                    (C) $19,202,000 for carrying out section 404 of 
                title 23, United States Code.
                    (D) $105,000,000 for carrying out section 405 of 
                title 23, United States Code.
    (b) Special Rules for Fiscal Year 2021.--
            (1) Federal share.--Notwithstanding sections 120, 
        405(b)(2), 405(c)(2), 405(d)(2) and 405(h)(2) of title 23, 
        United States Code, the Federal share of activities for fiscal 
        year 2021 carried out under chapter 4 of title 23, United 
        States Code and section 1906 of SAFETEA-LU (23 U.S.C. 402 note) 
        shall be 100 percent.
            (2) Period of availability.--Notwithstanding section 118(b) 
        of title 23, United States Code, funds apportioned or allocated 
        to a State in fiscal years 2017 and 2018 under sections 402 and 
        405 of title 23, United States Code, and section 1906 of 
        SAFETEA-LU (23 U.S.C. 402 note), shall remain available for 
        obligation in that State for a period of 4 years after the last 
        day of the fiscal year for which the funds are authorized. 
        Notwithstanding any other provision of law, this paragraph 
        shall apply as if such paragraph was enacted on September 30, 
        2020.
            (3) Maintenance of effort.--Notwithstanding section 
        405(a)(9) of title 23, United States Code, the Secretary may 
        waive the maintenance of effort requirements under such section 
        for fiscal year 2021 for a State, if the Secretary determines 
        appropriate.
            (4) In-vehicle alcohol detection device research.--In 
        carrying out subsection (h) of section 403 of title 23, United 
        States Code, the Secretary may obligate from funds made 
        available to carry out such section for fiscal year 2021 not 
        more than $5,312,000 to conduct the research described in 
        paragraph (1) of such subsection.
            (5) Cooperative research and evaluation.--Notwithstanding 
        the apportionment formula set forth in section 402(c)(2) of 
        title 23, United States Code, and section 403(f)(1) of title 
        23, United States Code, $2,500,000 of the total amount 
        available for apportionment to the States for highway safety 
        programs under section 402(c)(2) of title 23, United States 
        Code, for each of fiscal years 2016 through 2021, shall be 
        available for expenditure by the Secretary, acting through the 
        Administrator of the National Highway Traffic Safety 
        Administration, for a cooperative research and evaluation 
        program to research and evaluate priority highway safety 
        countermeasures. This paragraph shall apply as if such 
        paragraph was enacted on October 1, 2015.

SEC. 105. FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION.

    (a) Special Funding for Fiscal Year 2021.--
            (1) Authorization of appropriations.--
                    (A) In general.--In addition to amounts authorized 
                under section 101, there is authorized to be 
                appropriated from the Highway Account for fiscal year 
                2021, for activities under this subsection, 
                $209,900,000.
                    (B) Obligation limitation.--Notwithstanding any 
                other provision of law, for fiscal year 2021, 
                obligations for activities authorized under this 
                paragraph shall not exceed $209,900,000.
            (2) Distribution of funds.--Amounts authorized to be 
        appropriated for fiscal year 2021 under paragraph (1) shall be 
        distributed as follows:
                    (A) Subject to section 31104(c) of title 49, United 
                States Code--
                            (i) $80,512,000 for carrying out section 
                        31102 (except subsection (l)) of title 49, 
                        United States Code);
                            (ii) $14,208,000 for carrying out section 
                        31102(l) of title 49, United States Code; and
                            (iii) $23,680,000 for carrying out section 
                        31313 of title 49, United States Code.
                    (B) $91,500,000 for carrying out section 31110 of 
                title 49, United States Code.
            (3) Treatment of funds.--Except as provided in subsection 
        (b), amounts made available under this section shall be made 
        available for obligation and administered as if made available 
        under chapter 311 of title 49, United States Code.
    (b) Special Rules for Fiscal Year 2021.--
            (1) Financial assistance agreements federal share.--
        Notwithstanding chapter 311 of title 49, United States Code, or 
        any regulations adopted pursuant to such chapter, for the 
        duration of fiscal year 2021 with respect to all financial 
        assistance made available under subsection (a) and section 101, 
        the Secretary of Transportation may--
                    (A) reimburse recipients under section 31104(b)(2) 
                of title 49, United States Code, in an amount that is 
                100 percent of the costs described in such section; and
                    (B) waive the maintenance of effort requirement 
                under 31102(f) of title 49, United States Code, for all 
                States without requiring States to request a waiver.
            (2) Financial assistance agreements period of 
        availability.--Notwithstanding section 31104(f) of title 49, 
        United States Code, the Secretary shall extend the periods of 
        availability described in such section by 1 year.
            (3) Administrative expenses.--The Administrator of the 
        Federal Motor Carrier Safety Administration shall ensure that 
        funds made available under subsection (a)(2)(B) are used, to 
        the maximum extent practicable, to support--
                    (A) the acceleration of planned investments to 
                modernize the Administration's information technology 
                and information management systems;
                    (B) the completion of outstanding statutory 
                mandates required by MAP-21 (112-141) and the FAST Act 
                (114-94); and
                    (C) a Large Truck Crash Causal Factors Study of the 
                Administration.

SEC. 106. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

    (a) Identification.--
            (1) Central texas corridor.--Section 1105(c)(84) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 is 
        amended to read as follows:
            ``(84) The Central Texas Corridor, including the route--
                    ``(A) commencing in the vicinity of Texas Highway 
                338 in Odessa, Texas, running eastward generally 
                following Interstate Route 20, connecting to Texas 
                Highway 158 in the vicinity of Midland, Texas, then 
                following Texas Highway 158 eastward to United States 
                Route 87 and then following United States Route 87 
                southeastward, passing in the vicinity of San Angelo, 
                Texas, and connecting to United States Route 190 in the 
                vicinity of Brady, Texas;
                    ``(B) commencing at the intersection of Interstate 
                Route 10 and United States Route 190 in Pecos County, 
                Texas, and following United States Route 190 to Brady, 
                Texas;
                    ``(C) following portions of United States Route 190 
                eastward, passing in the vicinity of Fort Hood, 
                Killeen, Belton, Temple, Bryan, College Station, 
                Huntsville, Livingston, Woodville, and Jasper, to the 
                logical terminus of Texas Highway 63 at the Sabine 
                River Bridge at Burrs Crossing and including a loop 
                generally encircling Bryan/College Station, Texas;
                    ``(D) following United States Route 83 southward 
                from the vicinity of Eden, Texas, to a logical 
                connection to Interstate Route 10 at Junction, Texas;
                    ``(E) following United States Route 69 from 
                Interstate Route 10 in Beaumont, Texas, north to United 
                States Route 190 in the vicinity of Woodville, Texas;
                    ``(F) following United States Route 96 from 
                Interstate Route 10 in Beaumont, Texas, north to United 
                States Route 190 in the vicinity of Jasper, Texas; and
                    ``(G) following United States Route 190, State 
                Highway 305, and United States Route 385 from 
                Interstate Route 10 in Pecos County, Texas to 
                Interstate 20 at Odessa, Texas.''.
            (2) Central louisiana corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991 is 
        amended by adding at the end the following:
            ``(91) The Central Louisiana Corridor commencing at the 
        logical terminus of Louisiana Highway 8 at the Sabine River 
        Bridge at Burrs Crossing and generally following portions of 
        Louisiana Highway 8 to Leesville, Louisiana, and then eastward 
        on Louisiana Highway 28, passing in the vicinity of Alexandria, 
        Pineville, Walters, and Archie, to the logical terminus of 
        United States Route 84 at the Mississippi River Bridge at 
        Vidalia, Louisiana.''.
            (3) Central mississippi corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
            ``(92) The Central Mississippi Corridor, including the 
        route--
                    ``(A) commencing at the logical terminus of United 
                States Route 84 at the Mississippi River and then 
                generally following portions of United States Route 84 
                passing in the vicinity of Natchez, Brookhaven, 
                Monticello, Prentiss, and Collins, to Interstate 59 in 
                the vicinity of Laurel, Mississippi, and continuing on 
                Interstate Route 59 north to Interstate Route 20 and on 
                Interstate Route 20 to the Mississippi-Alabama State 
                Border; and
                    ``(B) commencing in the vicinity of Laurel, 
                Mississippi, running south on Interstate Route 59 to 
                United States Route 98 in the vicinity of Hattiesburg, 
                connecting to United States Route 49 south then 
                following United States Route 49 south to Interstate 
                Route 10 in the vicinity of Gulfport and following 
                Mississippi Route 601 southerly terminating near the 
                Mississippi State Port at Gulfport.''.
            (4) Middle alabama corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
            ``(93) The Middle Alabama Corridor including the route--
                    ``(A) beginning at the Alabama-Mississippi Border 
                generally following portions of I-20 until following a 
                new interstate extension paralleling United States 
                Highway 80 specifically:
                    ``(B) crossing Alabama Route 28 near Coatopa, 
                Alabama, traveling eastward crossing United States 
                Highway 43 and Alabama Route 69 near Selma, Alabama, 
                traveling eastwards closely paralleling United States 
                Highway 80 to the south crossing over Alabama Routes 
                22, 41, and 21, until its intersection with I-65 near 
                Hope Hull, Alabama;
                    ``(C) continuing east along the proposed Montgomery 
                Outer Loop south of Montgomery, Alabama where it would 
                next join with I-85 east of Montgomery, Alabama;
                    ``(D) continuing along I-85 east bound until its 
                intersection with United States Highway 280 near 
                Opelika, Alabama or United States Highway 80 near 
                Tuskegee, Alabama; and
                    ``(E) generally following the most expedient route 
                until intersecting with existing United States Highway 
                80 (JR Allen Parkway) through Phenix City until 
                continuing into Columbus, Georgia.''.
            (5) Middle georgia corridor.--Section 1105(c) of the 
        Intermodal Surface Transportation Efficiency Act of 1991, as 
        amended by this Act, is further amended by adding at the end 
        the following:
            ``(94) The Middle Georgia Corridor including the route--
                    ``(A) beginning at the Alabama-Georgia Border 
                generally following the Fall Line Freeway from Columbus 
                Georgia to Augusta, Georgia specifically:
                    ``(B) travelling along United States Route 80 (JR 
                Allen Parkway) through Columbus, Georgia and near Fort 
                Benning, Georgia, east to Talbot County, Georgia where 
                it would follow Georgia Route 96, then commencing on 
                Georgia Route 49C (Fort Valley Bypass) to Georgia Route 
                49 (Peach Parkway) to its intersection with Interstate 
                route 75 in Byron, Georgia;
                    ``(C) continuing north along Interstate Route 75 
                through Warner Robins and Macon, Georgia where it would 
                meet Interstate Route 16. Following Interstate 16 east 
                it would next join United States Route 80 and then onto 
                State Route 57; and
                    ``(D) commencing with State Route 57 which turns 
                into State Route 24 near Milledgeville, Georgia would 
                then bypass Wrens, Georgia with a newly constructed 
                bypass. After the bypass it would join United States 
                Route 1 near Fort Gordon into Augusta, Georgia where it 
                will terminate at Interstate Route 520.''.
    (b) Inclusion of Certain Segments on Interstate System.--Section 
1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act 
of 1991 is amended in the first sentence--
            (1) by inserting ``subsection (c)(84),'' after ``subsection 
        (c)(83),''; and
            (2) by striking ``and subsection (c)(90)'' and inserting 
        ``subsection (c)(90), subsection (c)(91), subsection (c)(92), 
        subsection (c)(93), and subsection (c)(94)''.
    (c) Designation.--Section 1105(e)(5)(C) of the Intermodal Surface 
Transportation Efficiency Act of 1991 is amended by striking ``The 
route referred to in subsection (c)(84) is designated as Interstate 
Route I-14.'' and inserting ``The route referred to in subsection 
(c)(84)(A) is designated as Interstate Route I-14 North. The route 
referred to in subsection (c)(84)(B) is designated as Interstate Route 
I-14 South. The Bryan/College Station, Texas loop referred to in 
subsection (c)(84) is designated as Interstate Route I-214. The routes 
referred to in subparagraphs (C), (D), (E), (F), and (G) of subsection 
(c)(84) and in subsections (c)(91), (c)(92), (c)(93), and (c)(94) are 
designated as Interstate Route I-14.''.

SEC. 107. DEFINITIONS.

    In this division, the following definitions apply:
            (1) Highway account.--The term ``Highway Account'' means 
        the portion of the Highway Trust Fund that is not the Mass 
        Transit Account.
            (2) Mass transit account.--The term ``Mass Transit 
        Account'' means the portion of the Highway Trust Fund 
        established under section 9503(e)(1) of the Internal Revenue 
        Code of 1986.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 108. ACCESSIBILITY OF PUBLIC TRANSPORTATION FOR RESIDENTS OF AREAS 
              OF CONCENTRATED POVERTY.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Transportation shall submit to Congress a report that 
includes--
            (1) a description of the unique challenges that residents 
        of areas of concentrated poverty face when riding public 
        transportation; and
            (2) an assessment of how accessible public transportation 
        that receives Federal funds is for residents of areas of 
        concentrated poverty.

                   DIVISION B--SURFACE TRANSPORTATION

SEC. 1001. APPLICABILITY OF DIVISION.

    (a) Applicability.--This division, including the amendments made by 
this division, applies beginning on October 1, 2021.
    (b) Reference to Date of Enactment.--In this division and the 
amendments made by this division, any reference to--
            (1) the date of enactment of this Act;
            (2) the date of enactment of a provision of this division;
            (3) the date of enactment of a provision added to law by an 
        amendment made by this division; or
            (4) the date of enactment of the INVEST in America Act 
        added to law by an amendment made by this division,
shall be treated as a reference to October 1, 2021.
    (c) Exception for Immediate Application.--Subsections (a) and (b) 
shall not apply to section 1105 and the amendments made by such 
section.

                     TITLE I--FEDERAL-AID HIGHWAYS

           Subtitle A--Authorizations and Program Conditions

SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Federal-aid highway program.--For the national highway 
        performance program under section 119 of title 23, United 
        States Code, the pre-disaster mitigation program under section 
        124 of such title, the railway crossings program under section 
        130 of such title, the surface transportation program under 
        section 133 of such title, the highway safety improvement 
        program under section 148 of such title, the congestion 
        mitigation and air quality improvement program under section 
        149 of such title, the national highway freight program under 
        section 167 of such title, the carbon pollution reduction 
        program under section 171 of such title, and metropolitan 
        planning under section 134 of such title--
                    (A) $55,022,048,429 for fiscal year 2022;
                    (B) $55,980,646,776 for fiscal year 2023;
                    (C) $57,095,359,712 for fiscal year 2024; and
                    (D) $58,118,666,186 for fiscal year 2025.
            (2) Transportation infrastructure finance and innovation 
        program.--For credit assistance under the transportation 
        infrastructure finance and innovation program under chapter 6 
        of title 23, United States Code, $300,000,000 for each of 
        fiscal years 2022 through 2025.
            (3) Construction of ferry boats and ferry terminal 
        facilities.--For construction of ferry boats and ferry terminal 
        facilities under section 147 of title 23, United States Code, 
        $120,000,000 for each of fiscal years 2022 through 2025.
            (4) Federal lands and tribal transportation programs.--
                    (A) Tribal transportation program.--For the tribal 
                transportation program under section 202 of title 23, 
                United States Code, $800,000,000 for each of fiscal 
                years 2022 through 2025.
                    (B) Federal lands transportation program.--
                            (i) In general.--For the Federal lands 
                        transportation program under section 203 of 
                        title 23, United States Code, $550,000,000 for 
                        each of fiscal years 2022 through 2025.
                            (ii) Allocation.--Of the amount made 
                        available for a fiscal year under clause (i)--
                                    (I) the amount for the National 
                                Park Service is $400,000,000 for each 
                                of fiscal years 2022 through 2025;
                                    (II) the amount for the United 
                                States Fish and Wildlife Service is 
                                $50,000,000 for each of fiscal years 
                                2022 through 2025; and
                                    (III) the amount for the United 
                                States Forest Service is $50,000,000 
                                for each of fiscal years 2022 through 
                                2025.
                    (C) Federal lands access program.--For the Federal 
                lands access program under section 204 of title 23, 
                United States Code, $345,000,000 for each of fiscal 
                years 2022 through 2025.
                    (D) Federal lands and tribal major projects 
                grants.--To carry out section 208 of title 23, United 
                States Code, $400,000,000 for each of fiscal years 2022 
                through 2025.
            (5) Territorial and puerto rico highway program.--For the 
        territorial and Puerto Rico highway program under section 165 
        of title 23, United States Code, $310,000,000 for each of 
        fiscal years 2022 through 2025.
            (6) Projects of national and regional significance.--For 
        projects of national and regional significance under section 
        117 of title 23, United States Code--
                    (A) $2,200,000,000 for fiscal year 2022;
                    (B) $2,200,000,000 for fiscal year 2023;
                    (C) $2,300,000,000 for fiscal year 2024; and
                    (D) $2,350,000,000 for fiscal year 2025.
            (7) Community transportation investment grants.--To carry 
        out section 173 of title 23, United States Code, $600,000,000 
        for each of fiscal years 2022 through 2025.
            (8) Electric vehicle charging, natural gas fueling, propane 
        fueling, and hydrogen fueling infrastructure grants.--To carry 
        out section 151(f) of title 23, United States Code, 
        $350,000,000 for each of fiscal years 2022 through 2025.
            (9) Community climate innovation grants.--To carry out 
        section 172 of title 23, United States Code, $250,000,000 for 
        each of fiscal years 2022 through 2025.
    (b) Additional Programs.--
            (1) In general.--The following amounts are authorized to be 
        appropriated out of the Highway Trust Fund (other than the Mass 
        Transit Account):
                    (A) Gridlock reduction grant program.--To carry out 
                section 1306 of this Act, $250,000,000 for fiscal year 
                2022.
                    (B) Rebuild rural grant program.--To carry out 
                section 1307 of this Act, $250,000,000 for fiscal year 
                2022.
                    (C) Parking for commercial motor vehicles.--To 
                carry out section 1308 of this Act, $250,000,000 for 
                fiscal year 2023.
                    (D) Active transportation connectivity grant 
                program.--To carry out section 1309 of this Act, 
                $250,000,000 for fiscal year 2024.
                    (E) Metro performance program.--To carry out 
                section 1305 of this Act, $250,000,000 for each of 
                fiscal years 2023 through 2025.
            (2) Treatment of funds.--Amounts made available under 
        subparagraphs (B) through (D) of paragraph (1) shall be 
        administered as if apportioned under chapter 1 of title 23, 
        United States Code.
    (c) Disadvantaged Business Enterprises.--
            (1) Findings.--Congress finds that--
                    (A) despite the real improvements caused by the 
                disadvantaged business enterprise program, minority- 
                and women-owned businesses across the country continue 
                to confront serious and significant obstacles to 
                success caused by race and gender discrimination in the 
                federally assisted surface transportation market and 
                related markets across the United States;
                    (B) the continuing race and gender discrimination 
                described in subparagraph (A) merits the continuation 
                of the disadvantaged business enterprise program;
                    (C) recently, the disparities cause by 
                discrimination against African American, Hispanic 
                American, Asian American, Native American, and women 
                business owners have been further exacerbated by the 
                coronavirus pandemic and its disproportionate effects 
                on minority- and women-owned businesses across the 
                nation;
                    (D) Congress has received and reviewed testimony 
                and documentation of race and gender discrimination 
                from numerous sources, including congressional hearings 
                and other investigative activities, scientific reports, 
                reports issued by public and private agencies at every 
                level of government, news reports, academic 
                publications, reports of discrimination by 
                organizations and individuals, and discrimination 
                lawsuits, which continue to demonstrate that race- and 
                gender-neutral efforts alone are insufficient to 
                address the problem;
                    (E) the testimony and documentation described in 
                subparagraph (D) demonstrate that discrimination across 
                the United States poses an injurious and enduring 
                barrier to full and fair participation in surface 
                transportation-related businesses of women business 
                owners and minority business owners and has negatively 
                affected firm formation, development and success in 
                many aspects of surface transportation-related business 
                in the public and private markets; and
                    (F) the testimony and documentation described in 
                subparagraph (D) provide a clear picture of the 
                inequality caused by discrimination that continues to 
                plague our nation and a strong basis that there is a 
                compelling need for the continuation of the 
                disadvantaged business enterprise program to address 
                race and gender discrimination in surface 
                transportation-related business.
            (2) Definitions.--In this subsection, the following 
        definitions apply:
                    (A) Small business concern.--The term ``small 
                business concern'' means a small business concern (as 
                the term is used in section 3 of the Small Business Act 
                (15 U.S.C. 632)).
                    (B) Socially and economically disadvantaged 
                individuals.--The term ``socially and economically 
                disadvantaged individuals'' has the meaning given the 
                term in section 8(d) of the Small Business Act (15 
                U.S.C. 637(d)) and relevant subcontracting regulations 
                issued pursuant to that Act, except that women shall be 
                presumed to be socially and economically disadvantaged 
                individuals for purposes of this subsection.
            (3) Amounts for small business concerns.--Except to the 
        extent that the Secretary of Transportation determines 
        otherwise, not less than 10 percent of the amounts made 
        available for any program under titles I, II, V, and VII of 
        this division and section 403 of title 23, United States Code, 
        shall be expended through small business concerns owned and 
        controlled by socially and economically disadvantaged 
        individuals.
            (4) Annual listing of disadvantaged business enterprises.--
        Each State shall annually--
                    (A) survey and compile a list of the small business 
                concerns referred to in paragraph (3) in the State, 
                including the location of the small business concerns 
                in the State; and
                    (B) notify the Secretary, in writing, of the 
                percentage of the small business concerns that are 
                controlled by--
                            (i) women;
                            (ii) socially and economically 
                        disadvantaged individuals (other than women); 
                        and
                            (iii) individuals who are women and are 
                        otherwise socially and economically 
                        disadvantaged individuals.
            (5) Uniform certification.--
                    (A) In general.--The Secretary of Transportation 
                shall establish minimum uniform criteria for use by 
                State governments in certifying whether a concern 
                qualifies as a small business concern for the purpose 
                of this subsection.
                    (B) Inclusions.--The minimum uniform criteria 
                established under subparagraph (A) shall include, with 
                respect to a potential small business concern--
                            (i) on-site visits;
                            (ii) personal interviews with personnel;
                            (iii) issuance or inspection of licenses;
                            (iv) analyses of stock ownership;
                            (v) listings of equipment;
                            (vi) analyses of bonding capacity;
                            (vii) listings of work completed;
                            (viii) examination of the resumes of 
                        principal owners;
                            (ix) analyses of financial capacity; and
                            (x) analyses of the type of work preferred.
            (6) Reporting.--The Secretary of Transportation shall 
        establish minimum requirements for use by State governments in 
        reporting to the Secretary--
                    (A) information concerning disadvantaged business 
                enterprise awards, commitments, and achievements; and
                    (B) such other information as the Secretary 
                determines to be appropriate for the proper monitoring 
                of the disadvantaged business enterprise program.
            (7) Compliance with court orders.--Nothing in this 
        subsection limits the eligibility of an individual or entity to 
        receive funds made available under titles I, II, V, and VII of 
        this division and section 403 of title 23, United States Code, 
        if the entity or person is prevented, in whole or in part, from 
        complying with paragraph (3) because a Federal court issues a 
        final order in which the court finds that a requirement or the 
        implementation of paragraph (3) is unconstitutional.
            (8) Sense of congress on prompt payment of dbe 
        subcontractors.--It is the sense of Congress that--
                    (A) the Secretary of Transportation should take 
                additional steps to ensure that recipients comply with 
                section 26.29 of title 49, Code of Federal Regulations 
                (the disadvantaged business enterprises prompt payment 
                rule), or any corresponding regulation, in awarding 
                federally funded transportation contracts under laws 
                and regulations administered by the Secretary; and
                    (B) such additional steps should include increasing 
                the Department of Transportation's ability to track and 
                keep records of complaints and to make that information 
                publicly available.
    (d) Limitation on Financial Assistance for State-Owned 
Enterprises.--
            (1) In general.--Funds provided under this section may not 
        be used in awarding or exercising an option on a previously 
        awarded contract, a contract, subcontract, grant, or loan to an 
        entity that is owned or controlled by, is a subsidiary of, or 
        is otherwise related legally or financially to a corporation 
        based in a country that--
                    (A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of this Act;
                    (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
            (2) Exception.--For purposes of paragraph (1), the term 
        ``otherwise related legally or financially'' does not include a 
        minority relationship or investment.
            (3) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.

SEC. 1102. OBLIGATION LIMITATION.

    (a) General Limitation.--Subject to subsection (e), and 
notwithstanding any other provision of law, the obligations for 
Federal-aid highway and highway safety construction programs shall not 
exceed--
            (1) $62,159,350,954 for fiscal year 2022;
            (2) $63,121,354,776 for fiscal year 2023;
            (3) $64,346,443,712 for fiscal year 2024; and
            (4) $65,180,125,186 for fiscal year 2025.
    (b) Exceptions.--The limitations under subsection (a) shall not 
apply to obligations under or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance 
        Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
        Stat. 1701);
            (4) subsections (b) and (j) of section 131 of the Surface 
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface 
        Transportation and Uniform Relocation Assistance Act of 1987 
        (101 Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface 
        Transportation Efficiency Act of 1991 (Public Law 102-240);
            (7) section 157 of title 23, United States Code (as in 
        effect on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in 
        effect for fiscal years 1998 through 2004, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation 
        authority was made available under the Transportation Equity 
        Act for the 21st Century (112 Stat. 107) or subsequent Acts for 
        multiple years or to remain available until expended, but only 
        to the extent that the obligation authority has not lapsed or 
        been used;
            (10) section 105 of title 23, United States Code (as in 
        effect for fiscal years 2005 through 2012, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
        Stat. 1248), to the extent that funds obligated in accordance 
        with that section were not subject to a limitation on 
        obligations at the time at which the funds were initially made 
        available for obligation;
            (12) section 119 of title 23, United States Code (as in 
        effect for fiscal years 2013 through 2015, but only in an 
        amount equal to $639,000,000 for each of those fiscal years);
            (13) section 119 of title 23, United States Code (but, for 
        fiscal years 2016 through 2021, only in an amount equal to 
        $639,000,000 for each of those fiscal years);
            (14) section 203 of title 23, United States Code (but, for 
        fiscal years 2022 through 2025, only in an amount equal to 
        $550,000,000 for each of those fiscal years); and
            (15) section 133(d)(1)(B) of title 23, United States Code 
        (but, for fiscal years 2022 through 2025, only in an amount 
        equal to $89,000,000 for each of those fiscal years).
    (c) Distribution of Obligation Authority.--Subject to paragraph 
(1)(B), for each of fiscal years 2022 through 2025, the Secretary of 
Transportation--
            (1)(A) shall not distribute obligation authority provided 
        by subsection (a) for the fiscal year for--
                    (i) amounts authorized for administrative expenses 
                and programs by section 104(a) of title 23, United 
                States Code;
                    (ii) amounts authorized for the Bureau of 
                Transportation Statistics;
                    (iii) amounts authorized for the tribal 
                transportation program under section 202 of title 23, 
                United States Code; and
                    (iv) amounts authorized for the territorial and 
                Puerto Rico highway program under section 165(a) of 
                title 23, United States Code; and
            (B) for each of fiscal years 2023 through 2025, in addition 
        to the amounts described in subparagraph (A), shall not 
        distribute obligation authority provided by subsection (a) for 
        the fiscal year for amounts authorized for the metro 
        performance program under section 1305 of this Act;
            (2) shall not distribute an amount of obligation authority 
        provided by subsection (a) that is equal to the unobligated 
        balance of amounts--
                    (A) made available from the Highway Trust Fund 
                (other than the Mass Transit Account) for Federal-aid 
                highway and highway safety construction programs for 
                previous fiscal years, the funds for which are 
                allocated by the Secretary (or apportioned by the 
                Secretary under section 202 or 204 of title 23, United 
                States Code); and
                    (B) for which obligation authority was provided in 
                a previous fiscal year;
            (3) shall determine the proportion that--
                    (A) the obligation authority provided by subsection 
                (a) for the fiscal year, less the aggregate of amounts 
                not distributed under paragraphs (1) and (2) of this 
                subsection; bears to
                    (B) the total of--
                            (i) the sums authorized to be appropriated 
                        for the Federal-aid highway and highway safety 
                        construction programs, other than sums 
                        authorized to be appropriated for--
                                    (I) provisions of law described in 
                                paragraphs (1) through (13) of 
                                subsection (b);
                                    (II) section 203 of title 23, 
                                United States Code, equal to the amount 
                                referred to in subsection (b)(14) for 
                                the fiscal year; and
                                    (III) section 133(d)(1)(B) of title 
                                23, United States Code, equal to the 
                                amount referred to in subsection 
                                (b)(15) for the fiscal year; less
                            (ii) the aggregate of the amounts not 
                        distributed under paragraphs (1) and (2) of 
                        this subsection;
            (4) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2), for each of the programs (other 
        than programs to which paragraph (1) applies) that are 
        allocated by the Secretary under this Act and title 23, United 
        States Code, or apportioned by the Secretary under section 202 
        or 204 of such title, by multiplying--
                    (A) the proportion determined under paragraph (3); 
                by
                    (B) the amounts authorized to be appropriated for 
                each such program for the fiscal year; and
            (5) shall distribute the obligation authority provided by 
        subsection (a), less the aggregate amounts not distributed 
        under paragraphs (1) and (2) and the amounts distributed under 
        paragraph (4), for Federal-aid highway and highway safety 
        construction programs that are apportioned by the Secretary 
        under title 23, United States Code (other than the amounts 
        apportioned for the surface transportation program in section 
        133(d)(1)(B) of title 23, United States Code, that are exempt 
        from the limitation under subsection (b)(15) and the amounts 
        apportioned under sections 202 and 204 of such title) in the 
        proportion that--
                    (A) amounts authorized to be appropriated for the 
                programs that are apportioned under title 23, United 
                States Code, to each State for the fiscal year; bears 
                to
                    (B) the total of the amounts authorized to be 
                appropriated for the programs that are apportioned 
                under title 23, United States Code, to all States for 
                the fiscal year.
    (d) Redistribution of Unused Obligation Authority.--Notwithstanding 
subsection (c), the Secretary of Transportation shall, after August 1 
of each of fiscal years 2022 through 2025--
            (1) revise a distribution of the obligation authority made 
        available under subsection (c) if an amount distributed cannot 
        be obligated during that fiscal year; and
            (2) redistribute sufficient amounts to those States able to 
        obligate amounts in addition to those previously distributed 
        during that fiscal year, giving priority to those States having 
        large unobligated balances of funds apportioned under section 
        104 of title 23, United States Code.
    (e) Special Limitation.--
            (1) In general.--Except as provided in paragraph (2), 
        obligation limitations imposed by subsection (a) shall apply to 
        contract authority for--
                    (A) transportation research programs carried out 
                under chapter 5 of title 23, United States Code, and 
                title V of this Act; and
                    (B) the metro performance program under section 
                1305 of this Act.
            (2) Exception.--Obligation authority made available under 
        paragraph (1) shall--
                    (A) remain available for a period of 4 fiscal 
                years; and
                    (B) be in addition to the amount of any limitation 
                imposed on obligations for Federal-aid highway and 
                highway safety construction programs for future fiscal 
                years.
    (f) Lop-Off.--
            (1) In general.--Not later than 30 days after the date of 
        distribution of obligation authority under subsection (c) for 
        each of fiscal years 2022 through 2025, the Secretary of 
        Transportation shall distribute to the States any funds that--
                    (A) are authorized to be appropriated for the 
                fiscal year for Federal-aid highway programs; and
                    (B) the Secretary determines will not be allocated 
                to the States (or will not be apportioned to the States 
                under section 204 of title 23, United States Code), and 
                will not be available for obligation, for the fiscal 
                year because of the imposition of any obligation 
                limitation for the fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) 
        in the same proportion as the distribution of obligation 
        authority under subsection (c)(5).
            (3) Availability.--Funds distributed to each State under 
        paragraph (1) shall be available for any purpose described in 
        section 133(b) of title 23, United States Code.

SEC. 1103. DEFINITIONS AND DECLARATION OF POLICY.

    Section 101 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1), (2), (3), (4), 
                (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), 
                (15), (16), (17), (18), (19), (20), (21), (22), (23), 
                (24), (25), (26), (27), (28), (29), (30), (31), (32), 
                (33), and (34) as paragraphs (2), (3), (4), (6), (8), 
                (10), (11), (12), (13), (14), (16), (17), (18), (19), 
                (20), (21), (23), (24), (25), (26), (28), (29), (32), 
                (33), (34), (35), (36), (37), (38), (40), (41), (42), 
                (43), and (44), respectively;
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following:
            ``(1) Adaptation.--The term `adaptation' means an 
        adjustment in natural or human systems in anticipation of, or 
        in response to, a changing environment in a way that moderates 
        negative effects of extreme events or climate change.'';
                    (C) by inserting after paragraph (4), as so 
                redesignated, the following:
            ``(5) Climate change.--The term `climate change' means any 
        significant change in the measures of climate lasting for an 
        extended period of time, and may include major changes in 
        temperature, precipitation, wind patterns, or sea level, among 
        others, that occur over several decades or longer.'';
                    (D) in paragraph (6)(A), as so redesignated, by 
                inserting ``assessing resilience,'' after 
                ``surveying,'';
                    (E) by inserting after paragraph (6), as so 
                redesignated, the following:
            ``(7) Context sensitive design principles.--The term 
        `context sensitive design principles' means principles for the 
        design of a public road that--
                    ``(A) provides for the safe and adequate 
                accommodation, in all phases of project planning, 
                design, and development, transportation facilities for 
                users, including pedestrians, bicyclists, public 
                transportation users, children, older individuals, 
                individuals with disabilities, motorists, and freight 
                vehicles; and
                    ``(B) considers the context in which the facility 
                is planned to be constructed to determine the 
                appropriate facility design.'';
                    (F) by inserting after paragraph (8), as so 
                redesignated, the following:
            ``(9) Evacuation route.--The term `evacuation route' means 
        a transportation route or system that--
                    ``(A) is used to transport--
                            ``(i) the public away from an emergency 
                        event; or
                            ``(ii) first responders and recovery 
                        resources in the event of an emergency; and
                    ``(B) is identified, consistent with sections 
                134(i)(2)(I)(iii) and 135(f)(10)(C)(iii), by the 
                eligible entity with jurisdiction over the area in 
                which the route is located for the purposes described 
                in subparagraph (A).'';
                    (G) by inserting after paragraph (14), as so 
                redesignated, the following:
            ``(15) Greenhouse gas.--The term `greenhouse gas' has the 
        meaning given the term in section 211(o)(1)(G) of the Clean Air 
        Act (42 U.S.C. 7545(o)(1)(G)).'';
                    (H) by inserting after paragraph (21), as so 
                redesignated, the following:
            ``(22) Natural infrastructure.--
                    ``(A) In general.--The term `natural 
                infrastructure' means infrastructure that uses, 
                restores, or emulates natural ecological processes 
                that--
                            ``(i) is created through the action of 
                        natural physical, geological, biological, and 
                        chemical processes over time;
                            ``(ii) is created by human design, 
                        engineering, and construction to emulate or act 
                        in concert with natural processes; or
                            ``(iii) involves the use of plants, soils, 
                        and other natural features, including through 
                        the creation, restoration, or preservation of 
                        vegetated areas using materials appropriate to 
                        the region to manage stormwater and runoff, to 
                        attenuate flooding and storm surges, and for 
                        other related purposes.
                    ``(B) Inclusion.--The term `natural infrastructure' 
                includes green infrastructure and nature-based 
                solutions.'';
                    (I) by inserting after paragraph (26), as so 
                redesignated, the following:
            ``(27) Protective feature.--
                    ``(A) In general.--The term `protective feature' 
                means an improvement to a highway or bridge designed to 
                increase resilience or mitigate the risk of recurring 
                damage or the cost of future repairs from climate 
                change effects, extreme events, seismic activity, or 
                any other natural disaster.
                    ``(B) Inclusions.--The term `protective feature' 
                includes--
                            ``(i) raising roadway grades;
                            ``(ii) relocating roadways to higher ground 
                        above projected flood elevation levels or away 
                        from slide prone areas;
                            ``(iii) stabilizing slide areas;
                            ``(iv) stabilizing slopes;
                            ``(v) lengthening or raising bridges to 
                        increase waterway openings;
                            ``(vi) increasing the size or number of 
                        drainage structures;
                            ``(vii) replacing culverts with bridges or 
                        upsizing culverts;
                            ``(viii) installing seismic retrofits on 
                        bridges;
                            ``(ix) scour, stream stability, coastal, 
                        and other hydraulic countermeasures; and
                            ``(x) the use of natural infrastructure.'';
                    (J) by inserting after paragraph (29), as so 
                redesignated, the following:
            ``(30) Repeatedly damaged facility.--The term `repeatedly 
        damaged facility' means a road, highway, or bridge that has 
        required repair and reconstruction activities on 2 or more 
        occasions due to natural disasters or catastrophic failures 
        resulting in emergencies declared by the Governor of the State 
        in which the road, highway, or bridge is located or emergencies 
        or major disasters declared by the President under the Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5121 et seq.).
            ``(31) Resilience.--
                    ``(A) In general.--The term `resilience' means, 
                with respect to a facility, the ability to--
                            ``(i) anticipate, prepare for, or adapt to 
                        conditions; or
                            ``(ii) withstand, respond to, or recover 
                        rapidly from disruptions.
                    ``(B) Inclusions.--Such term includes, with respect 
                to a facility, the ability to--
                            ``(i) resist hazards or withstand impacts 
                        from disruptions;
                            ``(ii) reduce the magnitude, duration, or 
                        impact of a disruption; or
                            ``(iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease vulnerability to a disruption.'';
                    (K) by inserting after paragraph (38), as so 
                redesignated, the following:
            ``(39) Transportation system access.--The term 
        `transportation system access' means the ability to travel by 
        automobile, public transportation, pedestrian, and bicycle 
        networks, measured by travel time, taking into consideration--
                    ``(A) the impacts of the level of travel stress for 
                non-motorized users;
                    ``(B) costs for low-income travelers; and
                    ``(C) the extent to which transportation access is 
                impacted by zoning policies and land use planning 
                practices that effect the affordability, elasticity, 
                and diversity of the housing supply.''; and
                    (L) by adding at the end the following:
            ``(45) Transportation demand management; tdm.--The terms 
        `transportation demand management' and `TDM' mean the use of 
        strategies to inform and encourage travelers to maximize the 
        efficiency of a transportation system leading to improved 
        mobility, reduced congestion, and lower vehicle emissions.
            ``(46) Transportation demand management strategies.--The 
        term `transportation demand management strategies' means the 
        use of planning, programs, policy, marketing, communications, 
        incentives, pricing, and technology to shift travel mode, 
        routes used, departure times, number of trips, and location and 
        design work space or public attractions.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``Defense,'' and 
                inserting ``Defense Highways,'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A) by striking 
                        ``Century'' and inserting ``century'';
                            (ii) in subparagraph (G) by striking ``; 
                        and'' and inserting a semicolon;
                            (iii) in subparagraph (H) by striking 
                        ``Century.'' and inserting ``century;''; and
                            (iv) by adding at the end the following:
                    ``(I) safety is the highest priority of the 
                Department of Transportation, and the Secretary and 
                States should take all actions necessary to meet the 
                transportation needs of the 21st century for all road 
                users;
                    ``(J) climate change presents a significant risk to 
                safety, the economy, and national security, and 
                reducing the contributions of the transportation system 
                to the Nation's total carbon pollution is critical; and
                    ``(K) the Secretary and States should take 
                appropriate measures and ensure investments to increase 
                the resilience of the Nation's transportation 
                system.''; and
                    (C) in paragraph (4)(A) by inserting ``while 
                ensuring that environmental protections are 
                maintained'' after ``review process''.

SEC. 1104. APPORTIONMENT.

    (a) In General.--Section 104 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(1) by striking subparagraphs (A) 
        through (E) and inserting the following:
                    ``(A) $ 506,302,525 for fiscal year 2022;
                    ``(B) $ 509,708,000 for fiscal year 2023;
                    ``(C) $ 520,084,000 for fiscal year 2024; and
                    ``(D) $ 530,459,000 for fiscal year 2025.'';
            (2) by striking subsections (b) and (c) and inserting the 
        following:
    ``(b) Division Among Programs of State's Share of Apportionment.--
The Secretary shall distribute the amount apportioned to a State for a 
fiscal year under subsection (c) among the covered programs as follows:
            ``(1) National highway performance program.--For the 
        national highway performance program, 55.09 percent of the 
        amount remaining after distributing amounts under paragraphs 
        (4), (6), and (7).
            ``(2) Surface transportation program.--For the surface 
        transportation program, 28.43 percent of the amount remaining 
        after distributing amounts under paragraphs (4), (6), and (7).
            ``(3) Highway safety improvement program.--For the highway 
        safety improvement program, 6.19 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        and (7).
            ``(4) Congestion mitigation and air quality improvement 
        program.--
                    ``(A) In general.--For the congestion mitigation 
                and air quality improvement program, an amount 
                determined for the State under subparagraphs (B) and 
                (C).
                    ``(B) Total amount.--The total amount for the 
                congestion mitigation and air quality improvement 
                program for all States shall be--
                            ``(i) $2,913,925,833 for fiscal year 2022;
                            ``(ii) $2,964,919,535 for fiscal year 2023;
                            ``(iii) $3,024,217,926 for fiscal year 
                        2024; and
                            ``(iv) $3,078,653,849 for fiscal year 2025.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the amount 
                for the congestion mitigation and air quality 
                improvement program under subparagraph (B) so that each 
                State receives an amount equal to the proportion that--
                            ``(i) the amount apportioned to the State 
                        for the congestion mitigation and air quality 
                        improvement program for fiscal year 2020; bears 
                        to
                            ``(ii) the total amount of funds 
                        apportioned to all States for such program for 
                        fiscal year 2020.
            ``(5) National highway freight program.--For the national 
        highway freight program, 3.38 percent of the amount remaining 
        after distributing amounts under paragraphs (4), (6), and (7).
            ``(6) Metropolitan planning.--
                    ``(A) In general.--For metropolitan planning, an 
                amount determined for the State under subparagraphs (B) 
                and (C).
                    ``(B) Total amount.--The total amount for 
                metropolitan planning for all States shall be--
                            ``(i) $507,500,000 for fiscal year 2022;
                            ``(ii) $516,381,250 for fiscal year 2023;
                            ``(iii) $526,708,875 for fiscal year 2024; 
                        and
                            ``(iv) $536,189,635 for fiscal year 2025.
                    ``(C) State share.--For each fiscal year, the 
                Secretary shall distribute among the States the amount 
                for metropolitan planning under subparagraph (B) so 
                that each State receives an amount equal to the 
                proportion that--
                            ``(i) the amount apportioned to the State 
                        for metropolitan planning for fiscal year 2020; 
                        bears to
                            ``(ii) the total amount of funds 
                        apportioned to all States for metropolitan 
                        planning for fiscal year 2020.
            ``(7) Railway crossings.--
                    ``(A) In general.--For the railway crossings 
                program, an amount determined for the State under 
                subparagraphs (B) and (C).
                    ``(B) Total amount.--The total amount for the 
                railway crossings program for all States shall be 
                $245,000,000 for each of fiscal years 2022 through 
                2025.
                    ``(C) State share.--
                            ``(i) In general.--For each fiscal year, 
                        the Secretary shall distribute among the States 
                        the amount for the railway crossings program 
                        under subparagraph (B) as follows:
                                    ``(I) 50 percent of the amount for 
                                a fiscal year shall be apportioned to 
                                States by the formula set forth in 
                                section 104(b)(3)(A) (as in effect on 
                                the day before the date of enactment of 
                                MAP-21).
                                    ``(II) 50 percent of the amount for 
                                a fiscal year shall be apportioned to 
                                States in the ratio that total public 
                                railway-highway crossings in each State 
                                bears to the total of such crossings in 
                                all States.
                            ``(ii) Minimum apportionment.--
                        Notwithstanding clause (i), for each fiscal 
                        year, each State shall receive a minimum of 
                        one-half of 1 percent of the total amount for 
                        the railway crossings program for such fiscal 
                        year under subparagraph (B).
            ``(8) Predisaster mitigation program.--For the predisaster 
        mitigation program, 2.96 percent of the amount remaining after 
        distributing amounts under paragraphs (4), (6), and (7).
            ``(9) Carbon pollution reduction program.--For the carbon 
        pollution reduction program, 3.95 percent of the amount 
        remaining after distributing amounts under paragraphs (4), (6), 
        and (7).
    ``(c) Calculation of Amounts.--
            ``(1) State share.--For each of fiscal years 2022 through 
        2025, the amount for each State shall be determined as follows:
                    ``(A) Initial amounts.--The initial amounts for 
                each State shall be determined by multiplying--
                            ``(i) the combined amount authorized for 
                        appropriation for the fiscal year for the 
                        covered programs; by
                            ``(ii) the share for each State, which 
                        shall be equal to the proportion that--
                                    ``(I) the amount of apportionments 
                                that the State received for fiscal year 
                                2020; bears to
                                    ``(II) the amount of those 
                                apportionments received by all States 
                                for fiscal year 2020.
                    ``(B) Adjustments to amounts.--The initial amounts 
                resulting from the calculation under subparagraph (A) 
                shall be adjusted to ensure that each State receives an 
                aggregate apportionment equal to at least 95 percent of 
                the estimated tax payments attributable to highway 
                users in the State paid into the Highway Trust Fund 
                (other than the Mass Transit Account) in the most 
                recent fiscal year for which data are available.
            ``(2) State apportionment.--On October 1 of fiscal years 
        2022 through 2025, the Secretary shall apportion the sums 
        authorized to be appropriated for expenditure on the covered 
        programs in accordance with paragraph (1).'';
            (3) in subsection (d)(1)(A)--
                    (A) in clause (i) by striking ``paragraphs (5)(D) 
                and (6) of subsection (b)'' and inserting ``subsection 
                (b)(6)''; and
                    (B) in clause (ii) by striking ``paragraphs (5)(D) 
                and (6) of subsection (b)'' and inserting ``subsection 
                (b)(6)''; and
            (4) by striking subsections (h) and (i) and inserting the 
        following:
    ``(h) Definition of Covered Programs.--In this section, the term 
`covered programs' means--
            ``(1) the national highway performance program under 
        section 119;
            ``(2) the surface transportation program under section 133;
            ``(3) the highway safety improvement program under section 
        148;
            ``(4) the congestion mitigation and air quality improvement 
        program under section 149;
            ``(5) the national highway freight program under section 
        167;
            ``(6) metropolitan planning under section 134;
            ``(7) the railway crossings program under section 130;
            ``(8) the predisaster mitigation program under section 124; 
        and
            ``(9) the carbon pollution reduction program under section 
        171.''.
    (b) Federal Share Payable.--Section 120(c)(3) of title 23, United 
States Code, is amended--
            (1) in subparagraph (A) by striking ``(5)(D),''; and
            (2) in subparagraph (C)(i) by striking ``(5)(D),''.
    (c) Metropolitan Transportation Planning; Title 23.--Section 134(p) 
of title 23, United States Code, is amended by striking ``paragraphs 
(5)(D) and (6) of section 104(b)'' and inserting ``section 104(b)(6)''.
    (d) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(i) of title 23, United States Code, is amended by striking 
``paragraphs (5)(D) and (6) of section 104(b)'' and inserting ``section 
104(b)(6)''.
    (e) Metropolitan Transportation Planning; Title 49.--Section 
5303(p) of title 49, United States Code, is amended by striking 
``section 104(b)(5)'' and inserting ``section 104(b)(6)''.

SEC. 1105. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

    Section 105 of title 23, United States Code, is amended--
            (1) in subsection (a) by striking ``FAST Act'' and 
        inserting ``INVEST in America Act'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(A) by striking ``to be 
                appropriated'' each place it appears; and
                    (B) by adding at the end the following:
            ``(4) Special rule.--
                    ``(A) Adjustment.--In making an adjustment under 
                paragraph (1) for an allocation, reservation, or set-
                aside from an amount authorized from the Highway 
                Account or Mass Transit Account described in 
                subparagraph (B), the Secretary shall--
                            ``(i) determine the ratio that--
                                    ``(I) the amount authorized to be 
                                appropriated for the allocation, 
                                reservation, or set-aside from the 
                                account for the fiscal year; bears to
                                    ``(II) the total amount authorized 
                                to be appropriated for such fiscal year 
                                for all programs under such account;
                            ``(ii) multiply the ratio determined under 
                        clause (i) by the amount of the adjustment 
                        determined under subsection (b)(1)(B); and
                            ``(iii) adjust the amount that the 
                        Secretary would have allocated for the 
                        allocation, reservation, or set-aside for such 
                        fiscal year but for this section by the amount 
                        calculated under clause (ii).
                    ``(B) Allocations, reservations, and set-asides.--
                The allocations, reservations, and set-asides described 
                in this subparagraph are--
                            ``(i) from the amount made available for a 
                        fiscal year for the Federal lands 
                        transportation program under section 203, the 
                        amounts allocated for a fiscal year for the 
                        National Park Service, the United States Fish 
                        and Wildlife Service, and the United States 
                        Forest Service;
                            ``(ii) the amount made available for the 
                        Puerto Rico highway program under section 
                        165(a)(1);
                            ``(iii) the amount made available for the 
                        territorial highway program under section 
                        165(a)(2);
                            ``(iv) from the amounts made available for 
                        a fiscal year for the urbanized areas formula 
                        grants under section 5307 of title 49, the 
                        amounts allocated for a fiscal year for the 
                        passenger ferry grant program under section 
                        5307(h) of such title;
                            ``(v) from the amounts made available for a 
                        fiscal year for the formula grants for rural 
                        areas under section 5311 of such title, the 
                        amounts allocated for a fiscal year for public 
                        transportation on Indian reservations;
                            ``(vi) from the amounts made available for 
                        a fiscal year for the public transportation 
                        innovation program under section 5312 of such 
                        title--
                                    ``(I) the amounts allocated for the 
                                zero emission vehicle component 
                                assessment under section 5312(h) of 
                                such title; and
                                    ``(II) the amounts allocated for 
                                the transit cooperative research 
                                program under section 5312(i) of such 
                                title;
                            ``(vii) from the amounts made available for 
                        a fiscal year for the technical assistance and 
                        workforce development program of section 5314 
                        of such title, the amounts allocated for the 
                        national transit institute under section 
                        5314(c) of such title;
                            ``(viii) from the amounts made available 
                        for a fiscal year for the bus and bus 
                        facilities program under section 5339 of such 
                        title, the amounts allocated for a fiscal year 
                        for the zero emission grants under section 
                        5339(c) of such title;
                            ``(ix) the amounts made available for 
                        growing States under section 5340(c) of such 
                        title; and
                            ``(x) the amounts made available for high 
                        density states under section 5340(d) of such 
                        title.'';
            (3) in subsection (d) by inserting ``and section 5324 of 
        title 49'' after ``section 125'';
            (4) in subsection (e)--
                    (A) by striking ``There is authorized'' and 
                inserting ``For fiscal year 2022 and each fiscal year 
                thereafter, there is authorized''; and
                    (B) by striking ``for any of fiscal years 2017 
                through 2020''; and
            (5) in subsection (f)(1) by striking ``section 1102 or 3018 
        of the FAST Act'' and inserting ``any other provision of law''.

SEC. 1106. TRANSPARENCY.

    (a) Apportionment.--Section 104 of title 23, United States Code, is 
amended by striking subsection (g) and inserting the following:
    ``(g) Highway Trust Fund Transparency and Accountability Reports.--
            ``(1) Requirement.--
                    ``(A) In general.--The Secretary shall compile data 
                in accordance with this subsection on the use of 
                Federal-aid highway funds made available under this 
                title.
                    ``(B) User friendly data.--The data compiled under 
                subparagraph (A) shall be in a user friendly format 
                that can be searched, downloaded, disaggregated, and 
                filtered by data category.
            ``(2) Project data.--
                    ``(A) In general.--Not later than 120 days after 
                the end of each fiscal year, the Secretary shall make 
                available on the website of the Department of 
                Transportation a report that describes--
                            ``(i) the location of each active project 
                        within each State during such fiscal year, 
                        including in which congressional district or 
                        districts such project is located;
                            ``(ii) the total cost of such project;
                            ``(iii) the amount of Federal funding 
                        obligated for such project;
                            ``(iv) the program or programs from which 
                        Federal funds have been obligated for such 
                        project;
                            ``(v) whether such project is located in an 
                        area of the State with a population of--
                                    ``(I) less than 5,000 individuals;
                                    ``(II) 5,000 or more individuals 
                                but less than 50,000 individuals;
                                    ``(III) 50,000 or more individuals 
                                but less than 200,000 individuals; or
                                    ``(IV) 200,000 or more individuals;
                            ``(vi) whether such project is located in 
                        an area of persistent poverty, as defined in 
                        section 172(l);
                            ``(vii) the type of improvement being made 
                        by such project, including categorizing such 
                        project as--
                                    ``(I) a road reconstruction 
                                project;
                                    ``(II) a new road construction 
                                project;
                                    ``(III) a new bridge construction 
                                project;
                                    ``(IV) a bridge rehabilitation 
                                project; or
                                    ``(V) a bridge replacement project; 
                                and
                            ``(viii) the functional classification of 
                        the roadway on which such project is located.
                    ``(B) Interactive map.--In addition to the data 
                made available under subparagraph (A), the Secretary 
                shall make available on the website of the Department 
                of Transportation an interactive map that displays, for 
                each active project, the information described in 
                clauses (i) through (v) of subparagraph (A).
            ``(3) State data.--
                    ``(A) Apportioned and allocated programs.--The 
                website described in paragraph (2)(A) shall be updated 
                annually to display the Federal-aid highway funds 
                apportioned and allocated to each State under this 
                title, including--
                            ``(i) the amount of funding available for 
                        obligation by the State, including prior 
                        unobligated balances, at the start of the 
                        fiscal year;
                            ``(ii) the amount of funding obligated by 
                        the State during such fiscal year;
                            ``(iii) the amount of funding remaining 
                        available for obligation by the State at the 
                        end of such fiscal year; and
                            ``(iv) changes in the obligated, unexpended 
                        balance for the State.
                    ``(B) Programmatic data.--The data described in 
                subparagraph (A) shall include--
                            ``(i) the amount of funding by each 
                        apportioned and allocated program for which the 
                        State received funding under this title;
                            ``(ii) the amount of funding transferred 
                        between programs by the State during the fiscal 
                        year using the authority provided under section 
                        126; and
                            ``(iii) the amount and program category of 
                        Federal funds exchanged as described in section 
                        106(g)(6).
            ``(4) Definitions.--In this subsection:
                    ``(A) Active project.--
                            ``(i) In general.--The term `active 
                        project' means a Federal-aid highway project 
                        using funds made available under this title on 
                        which those funds were obligated or expended 
                        during the fiscal year for which the estimated 
                        total cost as of the start of construction is 
                        greater than $5,000,000.
                            ``(ii) Exclusion.--The term `active 
                        project' does not include any project for which 
                        funds are transferred to agencies other than 
                        the Federal Highway Administration.
                    ``(B) Interactive map.--The term `interactive map' 
                means a map displayed on the public website of the 
                Department of Transportation that allows a user to 
                select and view information for each active project, 
                State, and congressional district.
                    ``(C) State.--The term `State' means any of the 50 
                States or the District of Columbia.''.
    (b) Project Approval and Oversight.--Section 106 of title 23, 
United States Code, is amended--
            (1) in subsection (g)--
                    (A) in paragraph (4) by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Assistance to states.--The Secretary shall--
                            ``(i) develop criteria for States to use to 
                        make the determination required under 
                        subparagraph (A); and
                            ``(ii) provide training, guidance, and 
                        other assistance to States and subrecipients as 
                        needed to ensure that projects administered by 
                        subrecipients comply with the requirements of 
                        this title.
                    ``(C) Periodic review.--The Secretary shall review, 
                not less frequently than every 2 years, the monitoring 
                of subrecipients by the States.''; and
                    (B) by adding at the end the following:
            ``(6) Federal funding exchange programs.--A State may 
        implement a program under which a subrecipient has the option 
        to exchange Federal funds allocated to such subrecipient in 
        accordance with the requirements of this title for State or 
        local funds if the State certifies to the Secretary that the 
        State has prevailing wage and domestic content requirements 
        that are comparable to the requirements under sections 113 and 
        313 and that such requirements shall apply to projects carried 
        out using such funds if such projects would have been subject 
        to the requirements of sections 113 and 313 if such projects 
        were carried out using Federal funds.'';
            (2) in subsection (h)(3)--
                    (A) in subparagraph (B) by striking ``, as 
                determined by the Secretary,''; and
                    (B) in subparagraph (D) by striking ``shall 
                assess'' and inserting ``in the case of a project 
                proposed to be advanced as a public-private 
                partnership, shall include a detailed value for money 
                analysis or comparable analysis to determine''; and
            (3) by adding at the end the following:
    ``(k) Megaprojects.--
            ``(1) Comprehensive risk management plan.--To be authorized 
        for the construction of a megaproject, the recipient of Federal 
        financial assistance under this title for such megaproject 
        shall submit to the Secretary a comprehensive risk management 
        plan that contains--
                    ``(A) a description of the process by which the 
                recipient will identify, quantify, and monitor the 
                risks, including natural hazards, that might result in 
                cost overruns, project delays, reduced construction 
                quality, or reductions in benefits with respect to the 
                megaproject;
                    ``(B) examples of mechanisms the recipient will use 
                to track risks identified pursuant to subparagraph (A);
                    ``(C) a plan to control such risks; and
                    ``(D) such assurances as the Secretary determines 
                appropriate that the recipient shall, with respect to 
                the megaproject--
                            ``(i) regularly submit to the Secretary 
                        updated cost estimates; and
                            ``(ii) maintain and regularly reassess 
                        financial reserves for addressing known and 
                        unknown risks.
            ``(2) Peer review group.--
                    ``(A) In general.--Not later than 90 days after the 
                date on which a megaproject is authorized for 
                construction, the recipient of Federal financial 
                assistance under this title for such megaproject shall 
                establish a peer review group for such megaproject that 
                consists of at least 5 individuals (including at least 
                1 individual with project management experience) to 
                give expert advice on the scientific, technical, and 
                project management aspects of the megaproject.
                    ``(B) Membership.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of this subsection, 
                        the Secretary shall establish guidelines 
                        describing how a recipient described in 
                        subparagraph (A) shall--
                                    ``(I) recruit and select members 
                                for a peer review group established 
                                under such subparagraph; and
                                    ``(II) make publicly available the 
                                criteria for such selection and 
                                identify the members so selected.
                            ``(ii) Conflict of interest.--No member of 
                        a peer review group for a megaproject may have 
                        a direct or indirect financial interest in such 
                        megaproject.
                    ``(C) Tasks.--A peer review group established under 
                subparagraph (A) by a recipient of Federal financial 
                assistance for a megaproject shall--
                            ``(i) meet annually until completion of the 
                        megaproject;
                            ``(ii) not later than 90 days after the 
                        date of the establishment of the peer review 
                        group and not later than 90 days after the date 
                        of any significant change, as determined by the 
                        Secretary, to the scope, schedule, or budget of 
                        the megaproject, review the scope, schedule, 
                        and budget of the megaproject, including 
                        planning, engineering, financing, and any other 
                        elements determined appropriate by the 
                        Secretary; and
                            ``(iii) submit to the Secretary, Congress, 
                        and such recipient a report on the findings of 
                        each review under clause (ii).
            ``(3) Transparency.--Not later than 90 days after the 
        submission of a report under paragraph (2)(C)(iii), the 
        Secretary shall publish on the website of the Department of 
        Transportation such report.
            ``(4) Megaproject defined.--In this subsection, the term 
        `megaproject' means a project under this title that has an 
        estimated total cost of $2,000,000,000 or more, and such other 
        projects as may be identified by the Secretary.
    ``(l) Special Experimental Projects.--
            ``(1) Public availability.--The Secretary shall publish on 
        the website of the Department of Transportation a copy of all 
        letters of interest, proposals, workplans, and reports related 
        to the special experimental project authority pursuant to 
        section 502(b). The Secretary shall redact confidential 
        business information, as necessary, from any such information 
        published.
            ``(2) Notification and opportunity for comment.--Not later 
        than 30 days before making a determination to proceed with an 
        experiment under a letter of interest described in paragraph 
        (1), the Secretary shall provide notification and an 
        opportunity for public comment on the letter of interest and 
        the Secretary's proposed response.
            ``(3) Report to congress.--Not later than 2 years after the 
        date of enactment of the INVEST in America Act, the Secretary 
        shall submit to the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        report that includes--
                    ``(A) a summary of each experiment described in 
                this subsection carried out over the previous 5 years; 
                and
                    ``(B) legislative recommendations, if any, based on 
                the findings of such experiments.
    ``(m) Competitive Grant Program Oversight and Accountability.--
            ``(1) In general.--To ensure the accountability and 
        oversight of the discretionary grant selection process 
        administered by the Secretary, a covered program shall be 
        subject to the requirements of this section, in addition to the 
        requirements applicable to each covered program.
            ``(2) Application process.--The Secretary shall--
                    ``(A) develop a template for applicants to use to 
                summarize--
                            ``(i) project needs and benefits; and
                            ``(ii) any factors, requirements, or 
                        considerations established for the applicable 
                        covered program;
                    ``(B) create a data driven process to evaluate, as 
                set forth in the covered program, each eligible project 
                for which an application is received; and
                    ``(C) make a determination, based on the evaluation 
                made pursuant to subparagraph (B), on any ratings, 
                rankings, scores, or similar metrics for applications 
                made to the covered program.
            ``(3) Notification of congress.--Not less than 15 days 
        before making a grant for a covered program, the Secretary 
        shall notify, in writing, the Committee on Transportation and 
        Infrastructure of the House of Representatives and the 
        Committee on the Environment and Public Works of the Senate 
        of--
                    ``(A) the amount for each project proposed to be 
                selected;
                    ``(B) a description of the review process;
                    ``(C) for each application, the determination made 
                under paragraph (2)(C); and
                    ``(D) a detailed explanation of the basis for each 
                award proposed to be selected.
            ``(4) Notification of applicants.--Not later than 30 days 
        after making a grant for a project under a covered program, the 
        Secretary shall send to all applicants under such covered 
        program, and publish on the website of the Department of 
        Transportation--
                    ``(A) a summary of each application made to the 
                covered program for the given round of funding; and
                    ``(B) the evaluation and justification for the 
                project selection, including all ratings, rankings, 
                scores, or similar metrics for applications made to the 
                covered program for the given round of funding during 
                each phase of the grant selection process.
            ``(5) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant of a covered program, the 
        opportunity to receive a briefing to explain any reasons the 
        grant applicant was not awarded a grant.
            ``(6) Template.--The Secretary shall, to the extent 
        practicable, develop a template as described in paragraph 
        (2)(A) for any discretionary program administered by the 
        Secretary that is not a covered program.
            ``(7) Covered program defined.--The term `covered program' 
        means each of the following discretionary grant programs:
                    ``(A) Community climate innovation grants under 
                section 172.
                    ``(B) Electric vehicle charging and hydrogen 
                fueling infrastructure grants under section 151(f).
                    ``(C) Federal lands and tribal major projects 
                grants under section 208.
                    ``(D) Safe, efficient mobility through advanced 
                technologies grants under section 503(c)(4).''.
    (c) Division Office Consistency.--Not later than 1 year after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report that--
            (1) analyzes the consistency of determinations among 
        division offices of the Federal Highway Administration; and
            (2) makes recommendations to improve the consistency of 
        such determinations.
    (d) Improving Risk Based Stewardship and Oversight.--Not later than 
180 days after the date of enactment of this Act, the Secretary shall 
reference U.S. DOT Office of Inspector General Report No. ST2020035 and 
take the following actions to improve the risk based stewardship and 
oversight of the Department of Transportation:
            (1) Update and implement Federal Highway Administration's 
        (FHWA) guidance for risk-based project involvement to clarify 
        the requirements for its project risk-assessment process, 
        including expectations for conducting and documenting the risk 
        assessment and criteria to guide the reevaluation of project 
        risks.
            (2) Identify and notify Divisions about sources of 
        information that can inform the project risk-assessment 
        process.
            (3) Update and implement FHWA's guidance for risk-based 
        project involvement to clarify how the link between elevated 
        risks and associated oversight activities, changes to oversight 
        actions, and the results of its risk-based involvement should 
        be documented in project oversight plans.
            (4) Develop and implement a process to routinely monitor 
        the implementation and evaluate the effectiveness of FHWA's 
        risk-based project involvement.

SEC. 1107. COMPLETE AND CONTEXT SENSITIVE STREET DESIGN.

    (a) Standards.--Section 109 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``planned future 
                traffic of the highway in a manner that is conducive 
                to'' and inserting ``future operational performance of 
                the facility in a manner that enhances''; and
                    (B) in paragraph (2) by inserting ``, taking into 
                consideration context sensitive design principles'' 
                after ``each locality'';
            (2) in subsection (b)--
                    (A) by striking ``The geometric'' and inserting 
                ``Design Criteria for the Interstate System.--The 
                geometric''; and
                    (B) by striking ``the types and volumes of traffic 
                anticipated for such project for the twenty-year period 
                commencing on the date of approval by the Secretary, 
                under section 106 of this title, of the plans, 
                specifications, and estimates for actual construction 
                of such project'' and inserting ``the existing and 
                future operational performance of the facility'';
            (3) in subsection (c)(1)--
                    (A) in subparagraph (C) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (D) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(E) context sensitive design principles.'';
            (4) by striking subsection (o) and inserting the following:
    ``(o) Compliance With State Laws for Non-NHS Projects.--
            ``(1) In general.--Projects (other than highway projects on 
        the National Highway System) shall--
                    ``(A) be designed, constructed, operated, and 
                maintained in accordance with State laws, regulations, 
                directives, safety standards, design standards, and 
                construction standards; and
                    ``(B) take into consideration context sensitive 
                design principles.
            ``(2) Design flexibility.--
                    ``(A) In general.--A local jurisdiction may deviate 
                from the roadway design publication used by the State 
                in which the local jurisdiction is located for the 
                design of a project on a roadway (other than a highway 
                on the National Highway System) if--
                            ``(i) notification and justification of the 
                        deviation is provided to the Secretary and the 
                        State; and
                            ``(ii) the design complies with all other 
                        applicable Federal laws.
                    ``(B) State-owned roads.--In the case of a roadway 
                under the ownership of the State, the local 
                jurisdiction may only deviate from the roadway design 
                publication used by the State with the concurrence of 
                the State.
                    ``(C) Programmatic basis.--The Secretary may 
                consider a deviation under this paragraph on a 
                programmatic basis.''; and
            (5) by adding at the end the following:
    ``(s) Context Sensitive Design.--
            ``(1) Context sensitive design principles.--The Secretary 
        shall collaborate with the American Association of State 
        Highway Transportation Officials to ensure that any roadway 
        design publications approved by the Secretary under this 
        section provide adequate flexibility for a project sponsor to 
        select the appropriate design of a roadway, consistent with 
        context sensitive design principles.
            ``(2) Policies or procedures.--
                    ``(A) In general.--Not later than 1 year after the 
                Secretary publishes the final guidance described in 
                paragraph (3), each State shall adopt policies or 
                procedures to evaluate the context of a proposed 
                roadway and select the appropriate design, consistent 
                with context sensitive design principles.
                    ``(B) Local governments.--The Secretary and States 
                shall encourage local governments to adopt policies or 
                procedures described under subparagraph (A).
                    ``(C) Considerations.--The policies or procedures 
                developed under this paragraph shall take into 
                consideration the guidance developed by the Secretary 
                under paragraph (3).
            ``(3) Guidance.--
                    ``(A) In general.--
                            ``(i) Notice.--Not later than 1 year after 
                        the date of enactment of this subsection, the 
                        Secretary shall publish guidance on the 
                        official website of the Department of 
                        Transportation on context sensitive design.
                            ``(ii) Public review and comment.--The 
                        guidance described in this paragraph shall be 
                        finalized following an opportunity for public 
                        review and comment.
                            ``(iii) Update.--The Secretary shall 
                        periodically update the guidance described in 
                        this paragraph, including the model policies or 
                        procedures described under subparagraph (B)(v).
                    ``(B) Requirements.--The guidance described in this 
                paragraph shall--
                            ``(i) provide best practices for States, 
                        metropolitan planning organizations, regional 
                        transportation planning organizations, local 
                        governments, or other project sponsors to carry 
                        out context sensitive design principles;
                            ``(ii) identify opportunities to modify 
                        planning, scoping, design, and development 
                        procedures to more effectively combine modes of 
                        transportation into integrated facilities that 
                        meet the needs of each of such modes of 
                        transportation in an appropriate balance;
                            ``(iii) identify metrics to assess the 
                        context of the facility, including surrounding 
                        land use or roadside characteristics;
                            ``(iv) assess the expected operational and 
                        safety performance of alternative approaches to 
                        facility design; and
                            ``(v) taking into consideration the 
                        findings of this guidance, establish model 
                        policies or procedures for a State or other 
                        project sponsor to evaluate the context of a 
                        proposed facility and select the appropriate 
                        facility design for the context.
                    ``(C) Topics of emphasis.--In publishing the 
                guidance described in this paragraph, the Secretary 
                shall emphasize--
                            ``(i) procedures for identifying the needs 
                        of users of all ages and abilities of a 
                        particular roadway;
                            ``(ii) procedures for identifying the types 
                        and designs of facilities needed to serve 
                        various modes of transportation;
                            ``(iii) safety and other benefits provided 
                        by carrying out context sensitive design 
                        principles;
                            ``(iv) common barriers to carrying out 
                        context sensitive design principles;
                            ``(v) procedures for overcoming the most 
                        common barriers to carrying out context 
                        sensitive design principles;
                            ``(vi) procedures for identifying the costs 
                        associated with carrying out context sensitive 
                        design principles;
                            ``(vii) procedures for maximizing local 
                        cooperation in the introduction of context 
                        sensitive design principles and carrying out 
                        those principles; and
                            ``(viii) procedures for assessing and 
                        modifying the facilities and operational 
                        characteristics of existing roadways to improve 
                        consistency with context sensitive design 
                        principles.
            ``(4) Funding.--Amounts made available under sections 
        104(b)(6) and 505 of this title may be used for States, local 
        governments, metropolitan planning organizations, or regional 
        transportation planning organizations to adopt policies or 
        procedures to evaluate the context of a proposed roadway and 
        select the appropriate design, consistent with context 
        sensitive design principles.''.
    (b) Conforming Amendment.--Section 1404(b) of the FAST Act (23 
U.S.C. 109 note) is repealed.

SEC. 1108. INNOVATIVE PROJECT DELIVERY FEDERAL SHARE.

    (a) In General.--Section 120(c)(3)(B) of title 23, United States 
Code, is amended--
            (1) by striking clauses (i) and (ii) and inserting the 
        following:
                            ``(i) prefabricated bridge elements and 
                        systems, innovative materials, and other 
                        technologies to reduce bridge construction 
                        time, extend service life, and reduce 
                        preservation costs, as compared to 
                        conventionally designed and constructed 
                        bridges;
                            ``(ii) innovative construction equipment, 
                        materials, techniques, or practices, including 
                        the use of in-place recycling technology, 
                        digital 3-dimensional modeling technologies, 
                        and advanced digital construction management 
                        systems;'';
            (2) by redesignating clause (vi) as clause (vii);
            (3) in clause (v) by striking ``or'' at the end; and
            (4) by inserting after clause (v) the following:
                            ``(vi) innovative pavement materials that 
                        demonstrate reductions in greenhouse gas 
                        emissions through sequestration or innovative 
                        manufacturing processes; or''.
    (b) Technical Amendment.--Section 107(a)(2) of title 23, United 
States Code, is amended by striking ``subsection (c) of''.

SEC. 1109. TRANSFERABILITY OF FEDERAL-AID HIGHWAY FUNDS.

    Section 126(b) of title 23, United States Code, is amended--
            (1) in the heading by inserting ``and Programs'' after 
        ``Set-Asides'';
            (2) in paragraph (1) by striking ``and 133(d)(1)(A)'' and 
        inserting ``, 130, 133(d)(1)(A), 133(h), 149, and 171''; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) Environmental programs.--With respect to an 
        apportionment under either paragraph (4) or paragraph (9) of 
        section 104(b), and notwithstanding paragraph (1), a State may 
        only transfer not more than 50 percent from the amount of the 
        apportionment of either such paragraph to the apportionment 
        under the other such paragraph in a fiscal year.''.

SEC. 1110. TOLLING.

    (a) Toll Roads, Bridges, Tunnels, and Ferries.--Section 129 of 
title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--
                    ``(A) Authorization.--Subject to the provisions of 
                this section, Federal participation shall be permitted 
                on the same basis and in the same manner as 
                construction of toll-free highways is permitted under 
                this chapter in the--
                            ``(i) initial construction of a toll 
                        highway, bridge, or tunnel or approach to the 
                        highway, bridge, or tunnel;
                            ``(ii) initial construction of 1 or more 
                        lanes or other improvements that increase 
                        capacity of a highway, bridge, or tunnel (other 
                        than a highway on the Interstate System) and 
                        conversion of that highway, bridge, or tunnel 
                        to a tolled facility, if the number of toll-
                        free lanes, excluding auxiliary lanes, after 
                        the construction is not less than the number of 
                        toll-free lanes, excluding auxiliary lanes, 
                        before the construction;
                            ``(iii) initial construction of 1 or more 
                        lanes or other improvements that increase the 
                        capacity of a highway, bridge, or tunnel on the 
                        Interstate System and conversion of that 
                        highway, bridge, or tunnel to a tolled 
                        facility, if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after such 
                        construction is not less than the number of 
                        toll-free non-HOV lanes, excluding auxiliary 
                        lanes, before such construction;
                            ``(iv) reconstruction, resurfacing, 
                        restoration, rehabilitation, or replacement of 
                        a toll highway, bridge, or tunnel or approach 
                        to the highway, bridge, or tunnel;
                            ``(v) reconstruction or replacement of a 
                        toll-free bridge or tunnel and conversion of 
                        the bridge or tunnel to a toll facility;
                            ``(vi) reconstruction of a toll-free 
                        Federal-aid highway (other than a highway on 
                        the Interstate System) and conversion of the 
                        highway to a toll facility;
                            ``(vii) reconstruction, restoration, or 
                        rehabilitation of a highway on the Interstate 
                        System if the number of toll-free non-HOV 
                        lanes, excluding auxiliary lanes, after 
                        reconstruction, restoration, or rehabilitation 
                        is not less than the number of toll-free non-
                        HOV lanes, excluding auxiliary lanes, before 
                        reconstruction, restoration, or rehabilitation;
                            ``(viii) conversion of a high occupancy 
                        vehicle lane on a highway, bridge, or tunnel to 
                        a toll facility, subject to the requirements of 
                        section 166; and
                            ``(ix) preliminary studies to determine the 
                        feasibility of a toll facility for which 
                        Federal participation is authorized under this 
                        paragraph.
                    ``(B) Agreement to toll.--
                            ``(i) In general.--Before the Secretary may 
                        authorize tolling under this subsection, the 
                        public authority with jurisdiction over a 
                        highway, bridge, or tunnel shall enter into an 
                        agreement with the Secretary to ensure 
                        compliance with the requirements of this 
                        subsection.
                            ``(ii) Applicability.--
                                    ``(I) In general.--The requirements 
                                of this subparagraph shall apply to--
                                            ``(aa) Federal 
                                        participation under 
                                        subparagraph (A);
                                            ``(bb) any prior Federal 
                                        participation in the facility 
                                        proposed to be tolled; and
                                            ``(cc) conversion, with or 
                                        without Federal participation, 
                                        of a non-tolled lane on the 
                                        National Highway System to a 
                                        toll facility under 
                                        subparagraph (E).
                                    ``(II) HOV facility.--Except as 
                                otherwise provided in this subsection 
                                or section 166, the provisions of this 
                                paragraph shall not apply to a high 
                                occupancy vehicle facility.
                            ``(iii) Major federal action.--Approval by 
                        the Secretary of an agreement to toll under 
                        this paragraph shall be considered a major 
                        Federal action under the National Environmental 
                        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Agreement conditions.--Prior to entering into 
                an agreement to toll under subparagraph (B), the public 
                authority shall certify to the Secretary that--
                            ``(i) the public authority has established 
                        procedures to ensure the toll meets the 
                        purposes and requirements of this subsection;
                            ``(ii) the facility shall provide for 
                        access at no cost to public transportation 
                        vehicles and over-the-road buses serving the 
                        public; and
                            ``(iii) the facility shall provide for the 
                        regional interoperability of electronic toll 
                        collection, including through technologies or 
                        business practices.
                    ``(D) Consideration of impacts.--
                            ``(i) In general.--Prior to entering into 
                        an agreement to toll under subparagraph (B), 
                        the Secretary shall ensure the public authority 
                        has adequately considered, including by 
                        providing an opportunity for public comment, 
                        the following factors within the corridor:
                                    ``(I) Congestion impacts on both 
                                the toll facility and in the corridor 
                                or cordon (including adjacent toll-free 
                                facilities).
                                    ``(II) In the case of a non-
                                attainment or maintenance area, air 
                                quality impacts.
                                    ``(III) Planned investments to 
                                improve public transportation or other 
                                non-tolled alternatives in the 
                                corridor.
                                    ``(IV) Environmental justice and 
                                equity impacts.
                                    ``(V) Impacts on freight movement.
                                    ``(VI) Economic impacts on 
                                businesses.
                            ``(ii) Consideration in environmental 
                        review.--Nothing in this subparagraph shall 
                        limit a public authority from meeting the 
                        requirements of this subparagraph through the 
                        environmental review process, as applicable.
                    ``(E) Congestion pricing.--
                            ``(i) In general.--The Secretary may 
                        authorize conversion of a non-tolled lane on 
                        the National Highway System to a toll facility 
                        to utilize pricing to manage the demand to use 
                        the facility by varying the toll amount that is 
                        charged.
                            ``(ii) Requirement.--Prior to entering into 
                        an agreement to convert a non-tolled lane on 
                        the National Highway System to a toll facility, 
                        the Secretary shall ensure (in addition to the 
                        requirements under subparagraphs (B), (C), and 
                        (D)) that such toll facility and the planned 
                        investments to improve public transportation or 
                        other non-tolled alternatives in the corridor 
                        are reasonably expected to improve the 
                        operation of the cordon or corridor, as 
                        described in clauses (iii) and (iv).
                            ``(iii) Performance monitoring.--A public 
                        authority that enters into an agreement to 
                        convert a non-tolled lane to a toll facility 
                        under this subparagraph shall--
                                    ``(I) establish, monitor, and 
                                support a performance monitoring, 
                                evaluation, and reporting program--
                                            ``(aa) for the toll 
                                        facility that provides for 
                                        continuous monitoring, 
                                        assessment, and reporting on 
                                        the impacts that the pricing 
                                        structure may have on the 
                                        operation of the facility; and
                                            ``(bb) for the corridor or 
                                        cordon that provides for 
                                        continuous monitoring, 
                                        assessment, and reporting on 
                                        the impacts of congestion 
                                        pricing on the operation of the 
                                        corridor or cordon;
                                    ``(II) submit to the Secretary 
                                annual reports of the impacts described 
                                in subclause (I); and
                                    ``(III) if the facility or the 
                                corridor or cordon becomes degraded, as 
                                described in clause (iv), submit to the 
                                Secretary an annual update that 
                                describes the actions proposed to bring 
                                the toll facility into compliance and 
                                the progress made on such actions.
                            ``(iv) Determination.--
                                    ``(I) Degraded operation.--For 
                                purposes of clause (iii)(III), the 
                                operation of a toll facility shall be 
                                considered to be degraded if vehicles 
                                operating on the facility are failing 
                                to maintain a minimum average operating 
                                speed 90 percent of the time over a 
                                consecutive 180-day period during peak 
                                hour periods.
                                    ``(II) Degraded corridor or 
                                cordon.--For the purposes of clause 
                                (iii)(III), a corridor or cordon shall 
                                be considered to be degraded if 
                                congestion pricing or investments to 
                                improve public transportation or other 
                                non-tolled alternatives have not 
                                resulted in--
                                            ``(aa) an increase in 
                                        person or freight throughput in 
                                        the corridor or cordon; or
                                            ``(bb) a reduction in 
                                        person hours of delay in the 
                                        corridor or cordon, as 
                                        determined by the Secretary.
                                    ``(III) Definition of minimum 
                                average operating speed.--In this 
                                subparagraph, the term `minimum average 
                                operating speed' means--
                                            ``(aa) 35 miles per hour, 
                                        in the case of a toll facility 
                                        with a speed limit of 45 miles 
                                        per hour or greater; and
                                            ``(bb) not more than 10 
                                        miles per hour below the speed 
                                        limit, in the case of a toll 
                                        facility with a speed limit of 
                                        less than 50 miles per hour.
                            ``(v) Maintenance of operating 
                        performance.--
                                    ``(I) In general.--Not later than 
                                180 days after the date on which a 
                                facility or a corridor or cordon 
                                becomes degraded under clause (iv), the 
                                public authority with jurisdiction over 
                                the facility shall submit to the 
                                Secretary for approval a plan that 
                                details the actions the public 
                                authority will take to make significant 
                                progress toward bringing the facility 
                                or corridor or cordon into compliance 
                                with this subparagraph.
                                    ``(II) Notice of approval or 
                                disapproval.--Not later than 60 days 
                                after the date of receipt of a plan 
                                under subclause (I), the Secretary 
                                shall provide to the public authority a 
                                written notice indicating whether the 
                                Secretary has approved or disapproved 
                                the plan based on a determination of 
                                whether the implementation of the plan 
                                will make significant progress toward 
                                bringing the facility or corridor or 
                                cordon into compliance with this 
                                subparagraph.
                                    ``(III) Update.--Until the date on 
                                which the Secretary determines that the 
                                public authority has brought the 
                                facility or corridor or cordon into 
                                compliance with this subparagraph, the 
                                public authority shall submit annual 
                                updates that describe--
                                            ``(aa) the actions taken to 
                                        bring the facility into 
                                        compliance;
                                            ``(bb) the actions taken to 
                                        bring the corridor or cordon 
                                        into compliance; and
                                            ``(cc) the progress made by 
                                        those actions.
                                    ``(IV) Compliance.--If a public 
                                authority fails to bring a facility 
                                into compliance under this 
                                subparagraph, the Secretary may subject 
                                the public authority to appropriate 
                                program sanctions under section 1.36 of 
                                title 23, Code of Federal Regulations 
                                (or successor regulations), until the 
                                performance is no longer degraded.
                            ``(vi) Consultation of mpo.--If a toll 
                        facility authorized under this subparagraph is 
                        located on the National Highway System and in a 
                        metropolitan planning area established in 
                        accordance with section 134, the public 
                        authority shall consult with the metropolitan 
                        planning organization for the area.
                            ``(vii) Inclusion.--For the purposes of 
                        this paragraph, the corridor or cordon shall 
                        include toll-free facilities that are adjacent 
                        to the toll facility.'';
                    (B) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) in clause (iv) by striking 
                                ``and'' at the end; and
                                    (II) by striking clause (v) and 
                                inserting the following:
                            ``(v) any project eligible under this title 
                        or chapter 53 of title 49 that improves the 
                        operation of the corridor or cordon by 
                        increasing person or freight throughput and 
                        reducing person hours of delay;
                            ``(vi) toll discounts or rebates for users 
                        of the toll facility that have no reasonable 
                        alternative transportation method to the toll 
                        facility; and
                            ``(vii) if the public authority certifies 
                        annually that the tolled facility is being 
                        adequately maintained and the cordon or 
                        corridor is not degraded under paragraph 
                        (1)(E), any revenues remaining after funding 
                        the activities described in clauses (i) through 
                        (vi) shall be considered surplus revenue and 
                        may be used for any other purpose for which 
                        Federal funds may be obligated by a State under 
                        this title or chapter 53 of title 49.'';
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Transparency.--
                            ``(i) Annual audit.--
                                    ``(I) In general.--A public 
                                authority with jurisdiction over a toll 
                                facility shall conduct or have an 
                                independent auditor conduct an annual 
                                audit of toll facility records to 
                                verify adequate maintenance and 
                                compliance with subparagraph (A), and 
                                report the results of the audits to the 
                                Secretary.
                                    ``(II) Records.--On reasonable 
                                notice, the public authority shall make 
                                all records of the public authority 
                                pertaining to the toll facility 
                                available for audit by the Secretary.
                            ``(ii) Use of revenues.--A State or public 
                        authority that obligates amounts under clauses 
                        (v), (vi), or (vii) of subparagraph (A) shall 
                        annually report to the Secretary a list of 
                        activities funded with such amounts and the 
                        amount of funding provided for each such 
                        activity.'';
                    (C) in paragraph (8) by striking ``as of the date 
                of enactment of the MAP-21, before commencing any 
                activity authorized'' and inserting ``, before 
                commencing any activity authorized'';
                    (D) in paragraph (9)--
                            (i) by striking ``bus'' and inserting 
                        ``vehicle''; and
                            (ii) by striking ``buses'' and inserting 
                        ``vehicles''; and
                    (E) by striking paragraph (10) and inserting the 
                following:
            ``(10) Interoperability of electronic toll collection.--All 
        toll facilities on Federal-aid highways shall provide for the 
        regional interoperability of electronic toll collection, 
        including through technologies or business practices.
            ``(11) Noncompliance.--If the Secretary concludes that a 
        public authority has not complied with the requirements of this 
        subsection, the Secretary may require the public authority to 
        discontinue collecting tolls until the public authority and the 
        Secretary enter into an agreement for the public authority to 
        achieve compliance with such requirements.
            ``(12) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Federal participation.--The term `Federal 
                participation' means the use of funds made available 
                under this title.
                    ``(B) High occupancy vehicle; hov.--The term `high 
                occupancy vehicle' or `HOV' means a vehicle with not 
                fewer than 2 occupants.
                    ``(C) Initial construction.--
                            ``(i) In general.--The term `initial 
                        construction' means the construction of a 
                        highway, bridge, tunnel, or other facility at 
                        any time before it is open to traffic.
                            ``(ii) Exclusions.--The term `initial 
                        construction' does not include any improvement 
                        to a highway, bridge, tunnel, or other facility 
                        after it is open to traffic.
                    ``(D) Over-the-road bus.--The term `over-the-road 
                bus' has the meaning given the term in section 301 of 
                the Americans with Disabilities Act of 1990 (42 U.S.C. 
                12181).
                    ``(E) Public authority.--The term `public 
                authority' means a State, interstate compact of States, 
                or public entity designated by a State.
                    ``(F) Public transportation vehicle.--The term 
                `public transportation vehicle' has the meaning given 
                that term in section 166.
                    ``(G) Toll facility.--The term `toll facility' 
                means a toll highway, bridge, or tunnel or approach to 
                the highway, bridge, or tunnel constructed or 
                authorized to be tolled under this subsection.''.
    (b) Repeal of Interstate System Reconstruction and Rehabilitation 
Pilot Program.--Section 1216 of the Transportation Equity Act for the 
21st Century (23 U.S.C. 129 note), and the item related to such section 
in the table of contents in section 1(b) of such Act, are repealed.
    (c) Value Pricing Pilot Program.--Section 1012(b) of the Intermodal 
Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note) is 
amended by adding at the end the following:
            ``(9) Sunset.--The Secretary may not consider an expression 
        of interest submitted under this section after the date of 
        enactment of this paragraph.''.
    (d) Savings Clause.--
            (1) Application of limitations.--Any toll facility 
        described in paragraph (2) shall be subject to the requirements 
        of section 129(a)(3) of title 23, United States Code, as in 
        effect on the day before the date of enactment of this Act.
            (2) Toll facilities.--A toll facility described in this 
        paragraph is a facility that, on the day prior to the date of 
        enactment of this Act, was--
                    (A) operating;
                    (B) in the planning and design phase; or
                    (C) in the construction phase.
    (e) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to Congress a 
report on the implementation of the interoperability of toll collection 
as required under section 1512(b) of MAP-21, including an assessment of 
the progress in, and barriers on, such implementation.

SEC. 1111. HOV FACILITIES.

    Section 166 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)(C)(iii) by striking 
                ``transportation buses'' and inserting ``transportation 
                vehicles''; and
                    (B) in paragraph (5)(B) by striking ``2019'' and 
                inserting ``2025'';
            (2) in subsection (d)(2)(A)(i) by striking ``45 miles per 
        hour, in the case of a HOV facility with a speed of 50 miles 
        per hour or greater'' and inserting ``35 miles per hour, in the 
        case of a HOV facility with a speed limit of 45 miles per hour 
        or greater'';
            (3) in subsection (d)(2)(B) by striking ``morning or 
        evening weekday peak hour periods (or both)'' and inserting 
        ``peak hour periods'';
            (4) in subsection (e)--
                    (A) by striking ``Not later than 180 days after the 
                date of enactment of this section, the Administrator'' 
                and inserting ``The Administrator'';
                    (B) in paragraph (1) by striking ``and'' at the 
                end;
                    (C) in paragraph (2) by striking the period at the 
                end and inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(3) not later than 180 days after the date of enactment 
        of the INVEST in America Act, update the requirements 
        established under paragraph (1).''; and
            (5) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraphs (C), (D), and 
                        (F); and
                            (ii) by redesignating subparagraphs (E), 
                        (G), (H), and (I) as subparagraphs (C), (D), 
                        (E), and (F), respectively; and
                    (B) in paragraph (6)(B)(i) by striking ``public 
                entity'' and inserting ``public transportation service 
                that is a recipient or subrecipient of funds under 
                chapter 53 of title 49''.

SEC. 1112. BUY AMERICA.

    (a) In General.--Section 313 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``Notwithstanding'' and inserting 
                ``In General.--Notwithstanding'';
                    (B) by striking ``Secretary of Transportation'' and 
                inserting ``Secretary'';
                    (C) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or''; and
                    (D) by striking ``and manufactured products'' and 
                inserting ``manufactured products, and construction 
                materials'';
            (2) in subsection (b) by inserting ``Determination.--'' 
        before ``The provisions'';
            (3) in subsection (c) by striking ``For purposes'' and 
        inserting ``Calculation.--For purposes'';
            (4) in subsection (d)--
                    (A) by striking ``The Secretary of Transportation'' 
                and inserting ``Requirements.--The Secretary''; and
                    (B) by striking ``the Surface Transportation 
                Assistance Act of 1982 (96 Stat. 2097) or''; and
            (5) by adding at the end the following:
    ``(h) Waiver Procedure.--
            ``(1) In general.--Not later than 120 days after the 
        submission of a request for a waiver, the Secretary shall make 
        a determination under paragraph (1) or (2) of subsection (b) as 
        to whether subsection (a) shall apply.
            ``(2) Public notification and comment.--
                    ``(A) In general.--Not later than 30 days before 
                making a determination regarding a waiver described in 
                paragraph (1), the Secretary shall provide notification 
                and an opportunity for public comment on the request 
                for such waiver.
                    ``(B) Notification requirements.--The notification 
                required under subparagraph (A) shall--
                            ``(i) describe whether the application is 
                        being made for a determination described in 
                        subsection (b)(1); and
                            ``(ii) be provided to the public by 
                        electronic means, including on the public 
                        website of the Department of Transportation.
            ``(3) Determination.--Before a determination described in 
        paragraph (1) takes effect, the Secretary shall publish a 
        detailed justification for such determination that addresses 
        all public comments received under paragraph (2)--
                    ``(A) on the public website of the Department of 
                Transportation; and
                    ``(B) if the Secretary issues a waiver with respect 
                to such determination, in the Federal Register.
    ``(i) Review of Nationwide Waivers.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection, and at least every 5 years 
        thereafter, the Secretary shall review any standing nationwide 
        waiver issued by the Secretary under this section to ensure 
        such waiver remains justified.
            ``(2) Public notification and opportunity for comment.--
                    ``(A) In general.--Not later than 30 days before 
                the completion of a review under paragraph (1), the 
                Secretary shall provide notification and an opportunity 
                for public comment on such review.
                    ``(B) Means of notification.--Notification provided 
                under this subparagraph shall be provided by electronic 
                means, including on the public website of the 
                Department of Transportation.
            ``(3) Detailed justification in federal register.--After 
        the completion of a review under paragraph (1), the Secretary 
        shall publish in the Federal Register a detailed justification 
        for the determination made under paragraph (1) that addresses 
        all public comments received under paragraph (2).
    ``(j) Report.--Not later than 120 days after the last day of each 
fiscal year, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives, the 
Committee on Appropriations of the House of Representatives, the 
Committee on Environment and Public Works of the Senate, and the 
Committee on Appropriations of the Senate a report on the waivers 
provided under subsection (h) during the previous fiscal year and the 
justifications for such waivers.''.
    (b) SAFETEA-LU Technical Corrections Act of 2008.--Section 117 of 
the SAFETEA-LU Technical Corrections Act of 2008 (23 U.S.C. 313 note) 
is repealed.

SEC. 1113. FEDERAL-AID HIGHWAY PROJECT REQUIREMENTS.

    (a) In General.--Except as otherwise provided in subsection (b), 
notwithstanding any other provision of law, the Secretary shall require 
recipients of assistance under title 23, United States Code, and title 
I of division B this Act and the amendments made by this Act to comply 
with subsection (a) of section 113 of title 23, United States Code, 
with respect to all construction work, in the same manner that 
recipients of assistance under chapter 1 of such title are required to 
comply with such subsection for construction work performed on highway 
projects on Federal-aid highways.
    (b) Treatment of Certain Projects.--The Secretary shall apply the 
requirements of section 1306(l) of this Act and sections 117(k), 
172(j), and 173(k) of title 23, United States Code, to a project funded 
with a grant under such sections.

SEC. 1114. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL 
              EXCLUSIONS.

    Section 326(c)(3) of title 23, United States Code, is amended--
            (1) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) except as provided under subparagraph (C), 
                have a term of not more than 3 years;'';
            (2) in subparagraph (B) by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) for any State that has assumed the 
                responsibility for categorical exclusions under this 
                section for at least 10 years, have a term of 5 
                years.''.

SEC. 1115. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN 
              AGREEMENTS.

    Section 327 of title 23, United States Code, is amended--
            (1) in subsection (c)--
                    (A) by striking paragraph (5) and inserting the 
                following:
            ``(5) except as provided under paragraph (7), have a term 
        of not more than 5 years;'';
                    (B) in paragraph (6) by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) for any State that has participated in a program 
        under this section (or under a predecessor program) for at 
        least 10 years, have a term of 10 years.'';
            (2) in subsection (g)(1)--
                    (A) in subparagraph (C) by striking ``annual'';
                    (B) in subparagraph (B) by striking ``and'' at the 
                end;
                    (C) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (D) by inserting after subparagraph (B) the 
                following:
                    ``(C) in the case of an agreement period of greater 
                than 5 years under subsection (c)(7), conduct an audit 
                covering the first 5 years of the agreement period; 
                and''; and
            (3) by adding at the end the following:
    ``(m) Agency Deemed to Be Federal Agency.--A State agency that is 
assigned a responsibility under an agreement under this section shall 
be deemed to be a Federal agency for the purposes of all Federal laws 
pursuant to which the responsibility is exercised.''.

SEC. 1116. CORROSION PREVENTION FOR BRIDGES.

    (a) Definitions.--In this section:
            (1) Applicable bridge projects.--The term ``applicable 
        bridge projects'' means a project for construction, alteration, 
        or maintenance work, other than de minimus maintenance or 
        repair work as determined by the applicable State department of 
        transportation, on a bridge or overpass structure funded under 
        title 23, United States Code.
            (2) Certified contractor.--The term ``certified 
        contractor'' means a contracting or subcontracting firm that 
        has been certified by a third party organization that evaluates 
        the capability of the contractor or subcontractor to properly 
        perform one or more specified aspects of applicable bridge 
        projects as defined in subsection (b)(2).
            (3) Qualified training program.--The term ``qualified 
        training program'' means a training program in corrosion 
        control, mitigation and prevention, that is either offered or 
        accredited by an organization that sets industry corrosion 
        standards or is recognized in corrosion management 
        transportation structures by the Department of Transportation, 
        for the purposes of controlling, mitigating and preventing 
        corrosion, or a program registered under the Act of August 16, 
        1937 (29 U.S.C. 50 et seq.) (commonly known as the ``National 
        Apprenticeship Act'') that meets the requirements of parts 29 
        and 30 of title 29, Code of Federal Regulations, as in effect 
        on January 1, 2020.
    (b) Applicable Bridge Projects.--
            (1) Quality control.--A certified contractor shall carry 
        out aspects of an applicable bridge project described in 
        paragraph (2).
            (2) Aspects of applicable bridge projects.--Aspects of an 
        applicable bridge project referred to in paragraph (1) 
        include--
                    (A) surface preparation or coating application on 
                steel or rebar of an applicable bridge project;
                    (B) removal of a lead-based or other hazardous 
                coating from steel of an existing applicable bridge 
                project;
                    (C) shop painting of structural steel or rebar 
                fabricated for installation on an applicable bridge 
                project; and
                    (D) the design, application, installation and 
                maintenance of a cathodic protection system on an 
                applicable bridge project.
            (3) Corrosion management system.--A State transportation 
        department shall--
                    (A) implement a corrosion management system that 
                utilizes industry-recognized standards and corrosion 
                mitigation and prevention methods to address--
                            (i) surface preparation;
                            (ii) protective coatings;
                            (iii) materials selection;
                            (iv) cathodic protection;
                            (v) corrosion engineering;
                            (vi) personnel training; and
                            (vii) best practices in environmental 
                        protection to prevent environmental degradation 
                        and uphold public health;
                    (B) require certified contractors that employ 
                appropriately trained and certified coating applicators 
                to carry out aspects of applicable bridge projects as 
                described in paragraph (2); and
                    (C) use certified cathodic protection professionals 
                for all aspects of applicable bridge projects that 
                require knowledge of the design, installation, 
                monitoring, or maintenance of a cathodic protection 
                system.
    (c) Training Program.--As a condition of entering into a contract 
for an applicable bridge project, each certified contractor shall 
provide training, through a qualified training program, for each 
applicable craft or trade classification of employees that the 
certified contractor intends to employ to carry out aspects of 
applicable bridge projects as described in subsection (b)(2).

SEC. 1117. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) States should utilize life-cycle cost analysis to 
        evaluate the total economic cost of a transportation project 
        over its expected lifetime; and
            (2) data indicating that future repair costs associated 
        with a transportation project frequently total more than half 
        of the initial cost of the project, and that conducting life-
        cycle cost analysis prior to construction will help States 
        identify the most cost-effective option, improve their economic 
        performance, and lower the total cost of building and 
        maintaining the project.

SEC. 1118. ADDITIONAL SUPPORT TO REBUILD RURAL COMMUNITIES.

    To carry out section 1307 of this Act, there are authorized to be 
appropriated $100,000,000 for fiscal year 2023 and $50,000,000 for 
fiscal year 2024.

SEC. 1119. FEDERAL GRANTS FOR PEDESTRIAN AND BIKE SAFETY IMPROVEMENTS.

    (a) In General.--Notwithstanding any provision of title 23, United 
States Code, or any regulation issued by the Secretary of 
Transportation, section 129(a)(3) of such title shall not apply to a 
covered public authority that receives funding under such title for 
pedestrian and bike safety improvements.
    (b) No Toll.--A covered public authority may not charge a toll, 
fee, or other levy for use of such improvements.
    (c) Effective Date.--A covered public authority shall be eligible 
for the exemption under subsection (a) for 10 years after the date of 
enactment of this Act. Any such exemption granted shall remain in 
effect after the effective date described in this section.
    (d) Definitions.--In this section, the following definitions apply:
            (1) Covered public authority.--The term ``covered public 
        authority'' means a public authority with jurisdiction over a 
        toll facility located within both--
                    (A) a National Scenic Area; and
                    (B) the National Trail System.
            (2) National scenic area.--The term ``National Scenic 
        Area'' means an area of the National Forest System federally 
        designated as a National Scenic Area in recognition of the 
        outstanding natural, scenic, and recreational values of the 
        area.
            (3) National trail system.--The term ``National Trail 
        System'' means an area described in section 3 of the National 
        Trails System Act (16 U.S.C. 1242).
            (4) Public authority; toll facility.--The terms ``public 
        authority'' and ``toll facility'' have the meanings such terms 
        would have if such terms were included in chapter 1 of title 
        23, United States Code.

           Subtitle B--Programmatic Infrastructure Investment

SEC. 1201. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

    Section 119 of title 23, United States Code, is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Purposes.--The purposes of the national highway performance 
program shall be--
            ``(1) to provide support for the condition and performance 
        of the National Highway System, consistent with the asset 
        management plans of States;
            ``(2) to support progress toward the achievement of 
        performance targets of States established under section 150;
            ``(3) to increase the resilience of Federal-aid highways 
        and bridges; and
            ``(4) to provide support for the construction of new 
        facilities on the National Highway System, consistent with 
        subsection (d)(3).'';
            (2) in subsection (d)--
                    (A) in paragraph (1)(A) by striking ``or freight 
                movement on the National Highway System'' and inserting 
                ``freight movement, environmental sustainability, 
                transportation system access, or combating climate 
                change'';
                    (B) in paragraph (1)(B) by striking ``and'' at the 
                end;
                    (C) in paragraph (2)--
                            (i) in subparagraph (G)--
                                    (I) in clause (i) by inserting 
                                ``and'' at the end;
                                    (II) in clause (ii) by striking ``; 
                                and'' and inserting a period; and
                                    (III) by striking clause (iii);
                            (ii) in subparagraph (I) by inserting ``, 
                        including the installation of safety barriers 
                        and nets on bridges on the National Highway 
                        System'' after ``National Highway System''; and
                            (iii) by adding at the end the following:
                    ``(Q) Projects on or off the National Highway 
                System to reduce greenhouse gas emissions that are 
                eligible under section 171, including the installation 
                of electric vehicle charging infrastructure.
                    ``(R) Projects on or off the National Highway 
                System to enhance resilience of a transportation 
                facility, including protective features.
                    ``(S) Projects and strategies to reduce vehicle-
                caused wildlife mortality related to, or to restore and 
                maintain connectivity among terrestrial or aquatic 
                habitats affected by, a transportation facility 
                otherwise eligible for assistance under this section.
                    ``(T) Projects on or off the National Highway 
                System to improve an evacuation route eligible under 
                section 124(b)(1)(C).
                    ``(U) Undergrounding public utilities in the course 
                of other infrastructure improvements eligible under 
                this section to mitigate the cost of recurring damages 
                from extreme weather events, wildfire or other natural 
                disasters.''; and
                    (D) by adding at the end the following:
            ``(3) a project that is otherwise eligible under this 
        subsection to construct new capacity for single occupancy 
        passenger vehicles only if the State--
                    ``(A) has demonstrated progress in achieving a 
                state of good repair, as defined in the State's asset 
                management plan, on the National Highway System;
                    ``(B) demonstrates that the project--
                            ``(i) supports the achievement of 
                        performance targets of the State established 
                        under section 150; and
                            ``(ii) is more cost effective, as 
                        determined by benefit-cost analysis, than--
                                    ``(I) an operational improvement to 
                                the facility or corridor;
                                    ``(II) the construction of a 
                                transit project eligible for assistance 
                                under chapter 53 of title 49; or
                                    ``(III) the construction of a non-
                                single occupancy passenger vehicle 
                                project that improves freight movement; 
                                and
                    ``(C) has a public plan for maintaining and 
                operating the new asset while continuing its progress 
                in achieving a state of good repair under subparagraph 
                (A).'';
            (3) in subsection (e)--
                    (A) in the heading by inserting ``Asset and'' after 
                ``State'';
                    (B) in paragraph (4)(D) by striking ``analysis'' 
                and inserting ``analyses, both of which shall take into 
                consideration climate change adaptation and 
                resilience;''; and
                    (C) in paragraph (8) by striking ``Not later than 
                18 months after the date of enactment of the MAP-21, 
                the Secretary'' and inserting ``The Secretary''; and
            (4) by adding at the end the following:
    ``(k) Benefit-Cost Analysis.--In carrying out subsection 
(d)(3)(B)(ii), the Secretary shall establish a process for analyzing 
the cost and benefits of projects under such subsection, ensuring 
that--
            ``(1) the benefit-cost analysis includes a calculation of 
        all the benefits addressed in the performance measures 
        established under section 150;
            ``(2) the benefit-cost analysis includes a consideration of 
        the total maintenance cost of an asset over the lifecycle of 
        the asset; and
            ``(3) the State demonstrates that any transportation demand 
        modeling used to calculate the benefit-cost analysis has a 
        documented record of accuracy.''.

SEC. 1202. INCREASING THE RESILIENCE OF TRANSPORTATION ASSETS.

    (a) Predisaster Mitigation Program.--
            (1) In general.--Chapter 1 of title 23, United States Code, 
        is amended by inserting after section 123 the following:
``Sec. 124. Predisaster mitigation program
    ``(a) Establishment.--The Secretary shall establish and implement a 
predisaster mitigation program to enhance the resilience of the 
transportation system of the United States, mitigate the impacts of 
covered events, and ensure the efficient use of Federal resources.
    ``(b) Eligible Activities.--
            ``(1) In general.--Subject to paragraph (2), funds 
        apportioned to the State under section 104(b)(8) may be 
        obligated for construction activities, including construction 
        of natural infrastructure or protective features, and the 
        development of such projects and programs that help agencies 
        to--
                    ``(A) increase the resilience of a surface 
                transportation infrastructure asset to withstand a 
                covered event;
                    ``(B) relocate or provide a reasonable alternative 
                to a repeatedly damaged facility;
                    ``(C) for an evacuation route identified in the 
                vulnerability assessment required under section 
                134(i)(2)(I)(iii) or section 135(f)(10)(C)--
                            ``(i) improve the capacity or operation of 
                        such evacuation route through--
                                    ``(I) communications and 
                                intelligent transportation system 
                                equipment and infrastructure;
                                    ``(II) counterflow measures; and
                                    ``(III) shoulders; and
                            ``(ii) relocate such evacuation route or 
                        provide a reasonable alternative to such 
                        evacuation route to address the risk of a 
                        covered event; and
                    ``(D) recover from incidents that significantly 
                disrupt a regions transportation system including--
                            ``(i) predisaster training programs that 
                        help agencies and regional stakeholders plan 
                        for and prepare multimodal recovery efforts; 
                        and
                            ``(ii) the establishment of regional wide 
                        telework training and programs.
            ``(2) Infrastructure resilience and adaptation.--No funds 
        shall be obligated to a project under this section unless the 
        project meets each of the following criteria:
                    ``(A) The project is designed to ensure resilience 
                over the anticipated service life of the surface 
                transportation infrastructure asset.
                    ``(B) The project is identified in the metropolitan 
                or statewide transportation improvement program as a 
                project to address resilience vulnerabilities, 
                consistent with section 134(j)(3)(E) or 
                135(g)(5)(B)(iii).
                    ``(C) For a project in a flood-prone area, the 
                project sponsor considers hydrologic and hydraulic data 
                and methods that integrate current and projected 
                changes in flooding based on climate science over the 
                anticipated service life of the surface transportation 
                infrastructure asset and future forecasted land use 
                changes.
            ``(3) Prioritization of projects.--A State shall develop a 
        process to prioritize projects under this section based on the 
        degree to which the proposed project would--
                    ``(A) be cost effective;
                    ``(B) reduce the risk of disruption to a surface 
                transportation infrastructure asset considered critical 
                to support population centers, freight movement, 
                economic activity, evacuation, recovery, national 
                security functions, or critical infrastructure; and
                    ``(C) ease disruptions to vulnerable, at-risk, or 
                transit-dependant populations.
    ``(c) Guidance.--The Secretary shall provide guidance to States to 
assist with the implementation of paragraphs (2) and (3) of subsection 
(b).
    ``(d) Definitions.--In this section:
            ``(1) Covered event.--The term `covered event' means a 
        climate change effect (including sea level rise), an extreme 
        event, seismic activity, or any other natural disaster 
        (including a wildfire or landslide).
            ``(2) Surface transportation infrastructure asset.--The 
        term `surface transportation infrastructure asset' means a 
        facility eligible for assistance under this title or chapter 53 
        of title 49.''.
            (2) Conforming amendment.--The analysis for chapter 1 of 
        title 23, United States Code, is amended by inserting after the 
        item relating to section 123 the following:

``124. Predisaster mitigation program.''.
    (b) Metropolitan Transportation Planning.--
            (1) Amendments to title 23.--
                    (A) Climate change and resilience.--Section 
                134(i)(2) of title 23, United States Code, is amended 
                by adding at the end the following:
                    ``(I) Climate change and resilience.--
                            ``(i) In general.--The transportation 
                        planning process shall assess strategies to 
                        reduce the climate change impacts of the 
                        surface transportation system and conduct a 
                        vulnerability assessment to identify 
                        opportunities to enhance the resilience of the 
                        surface transportation system and ensure the 
                        efficient use of Federal resources.
                            ``(ii) Climate change mitigation and 
                        impacts.--A long-range transportation plan 
                        shall--
                                    ``(I) identify investments and 
                                strategies to reduce transportation-
                                related sources of greenhouse gas 
                                emissions per capita;
                                    ``(II) identify investments and 
                                strategies to manage transportation 
                                demand and increase the rates of public 
                                transportation ridership, walking, 
                                bicycling, and carpools; and
                                    ``(III) recommend zoning and other 
                                land use policies that would support 
                                infill, transit-oriented development, 
                                and mixed use development.
                            ``(iii) Vulnerability assessment.--A long-
                        range transportation plan shall incorporate a 
                        vulnerability assessment that--
                                    ``(I) includes a risk-based 
                                assessment of vulnerabilities of 
                                critical transportation assets and 
                                systems to covered events (as such term 
                                is defined in section 124);
                                    ``(II) considers, as applicable, 
                                the risk management analysis in the 
                                State's asset management plan developed 
                                pursuant to section 119, and the 
                                State's evaluation of reasonable 
                                alternatives to repeatedly damaged 
                                facilities conducted under part 667 of 
                                title 23, Code of Federal Regulations;
                                    ``(III) identifies evacuation 
                                routes, assesses the ability of any 
                                such routes to provide safe passage for 
                                evacuation, access to health care and 
                                public health facilities, and emergency 
                                response during an emergency event, and 
                                identifies any improvements or 
                                redundant facilities necessary to 
                                adequately facilitate safe passage;
                                    ``(IV) describes the metropolitan 
                                planning organization's adaptation and 
                                resilience improvement strategies that 
                                will inform the transportation 
                                investment decisions of the 
                                metropolitan planning organization; and
                                    ``(V) is consistent with and 
                                complementary of the State and local 
                                mitigation plans required under section 
                                322 of the Robert T. Stafford Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5165).
                            ``(iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation with, as appropriate, 
                        State, local, and Tribal officials responsible 
                        for land use, housing, resilience, hazard 
                        mitigation, and emergency management.''.
                    (B) Resilience projects.--Section 134(j)(3) of 
                title 23, United States Code, is amended by adding at 
                the end the following:
                    ``(E) Resilience projects.--The TIP shall--
                            ``(i) identify projects that address the 
                        vulnerabilities identified by the assessment in 
                        subsection (i)(2)(I)(iii); and
                            ``(ii) describe how each project identified 
                        under clause (i) would improve the resilience 
                        of the transportation system.''.
            (2) Amendments to title 49.--
                    (A) Climate change and resilience.--Section 
                5303(i)(2) of title 49, United States Code, is amended 
                by adding at the end the following:
                    ``(I) Climate change and resilience.--
                            ``(i) In general.--The transportation 
                        planning process shall assess strategies to 
                        reduce the climate change impacts of the 
                        surface transportation system and conduct a 
                        vulnerability assessment to identify 
                        opportunities to enhance the resilience of the 
                        surface transportation system and ensure the 
                        efficient use of Federal resources.
                            ``(ii) Climate change mitigation and 
                        impacts.--A long-range transportation plan 
                        shall--
                                    ``(I) identify investments and 
                                strategies to reduce transportation-
                                related sources of greenhouse gas 
                                emissions per capita;
                                    ``(II) identify investments and 
                                strategies to manage transportation 
                                demand and increase the rates of public 
                                transportation ridership, walking, 
                                bicycling, and carpools; and
                                    ``(III) recommend zoning and other 
                                land use policies that would support 
                                infill, transit-oriented development, 
                                and mixed use development.
                            ``(iii) Vulnerability assessment.--A long-
                        range transportation plan shall incorporate a 
                        vulnerability assessment that--
                                    ``(I) includes a risk-based 
                                assessment of vulnerabilities of 
                                critical transportation assets and 
                                systems to covered events (as such term 
                                is defined in section 124 of title 23);
                                    ``(II) considers, as applicable, 
                                the risk management analysis in the 
                                State's asset management plan developed 
                                pursuant to section 119 of title 23, 
                                and the State's evaluation of 
                                reasonable alternatives to repeatedly 
                                damaged facilities conducted under part 
                                667 of title 23, Code of Federal 
                                Regulations;
                                    ``(III) identifies evacuation 
                                routes, assesses the ability of any 
                                such routes to provide safe passage for 
                                evacuation, access to health care and 
                                public health facilities, and emergency 
                                response during an emergency event, and 
                                identifies any improvements or 
                                redundant facilities necessary to 
                                adequately facilitate safe passage;
                                    ``(IV) describes the metropolitan 
                                planning organization's adaptation and 
                                resilience improvement strategies that 
                                will inform the transportation 
                                investment decisions of the 
                                metropolitan planning organization; and
                                    ``(V) is consistent with and 
                                complementary of the State and local 
                                mitigation plans required under section 
                                322 of the Robert T. Stafford Disaster 
                                Relief and Emergency Assistance Act (42 
                                U.S.C. 5165).
                            ``(iv) Consultation.--The assessment 
                        described in this subparagraph shall be 
                        developed in consultation, as appropriate, with 
                        State, local, and Tribal officials responsible 
                        for land use, housing, resilience, hazard 
                        mitigation, and emergency management.''.
                    (B) Resilience projects.--Section 5303(j)(3) of 
                title 49, United States Code, is amended by adding at 
                the end the following:
                    ``(E) Resilience projects.--The TIP shall--
                            ``(i) identify projects that address the 
                        vulnerabilities identified by the assessment in 
                        subsection (i)(2)(I)(iii); and
                            ``(ii) describe how each project identified 
                        under clause (i) would improve the resilience 
                        of the transportation system.''.
    (c) Statewide and Nonmetropolitan Planning.--
            (1) Amendments to title 23.--
                    (A) Climate change and resilience.--Section 135(f) 
                of title 23, United States Code, is amended by adding 
                at the end the following:
            ``(10) Climate change and resilience.--
                    ``(A) In general.--The transportation planning 
                process shall assess strategies to reduce the climate 
                change impacts of the surface transportation system and 
                conduct a vulnerability assessment to identify 
                opportunities to enhance the resilience of the surface 
                transportation system and ensure the efficient use of 
                Federal resources.
                    ``(B) Climate change mitigation and impacts.--A 
                long-range transportation plan shall--
                            ``(i) identify investments and strategies 
                        to reduce transportation-related sources of 
                        greenhouse gas emissions per capita;
                            ``(ii) identify investments and strategies 
                        to manage transportation demand and increase 
                        the rates of public transportation ridership, 
                        walking, bicycling, and carpools; and
                            ``(iii) recommend zoning and other land use 
                        policies that would support infill, transit-
                        oriented development, and mixed use 
                        development.
                    ``(C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a vulnerability 
                assessment that--
                            ``(i) includes a risk-based assessment of 
                        vulnerabilities of critical transportation 
                        assets and systems to covered events (as such 
                        term is defined in section 124);
                            ``(ii) considers, as applicable, the risk 
                        management analysis in the State's asset 
                        management plan developed pursuant to section 
                        119, and the State's evaluation of reasonable 
                        alternatives to repeatedly damaged facilities 
                        conducted under part 667 of title 23, Code of 
                        Federal Regulations;
                            ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation, access to 
                        health care and public health facilities, and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                            ``(iv) describes the States's adaptation 
                        and resilience improvement strategies that will 
                        inform the transportation investment decisions 
                        of the State; and
                            ``(v) is consistent with and complementary 
                        of the State and local mitigation plans 
                        required under section 322 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5165).
                    ``(D) Consultation.--The assessment described in 
                this subparagraph shall be developed in consultation 
                with, as appropriate, State, local, and Tribal 
                officials responsible for land use, housing, 
                resilience, hazard mitigation, and emergency 
                management.''.
                    (B) Resilience projects.--Section 135(g)(5)(B) of 
                title 23, United States Code, is amended by adding at 
                the end the following:
                            ``(iii) Resilience projects.--The STIP 
                        shall--
                                    ``(I) identify projects that 
                                address the vulnerabilities identified 
                                by the assessment in subsection 
                                (i)(10)(B); and
                                    ``(II) describe how each project 
                                identified under subclause (I) would 
                                improve the resilience of the 
                                transportation system.''.
            (2) Amendments to title 49.--
                    (A) Climate change and resilience.--Section 5304(f) 
                of title 49, United States Code, is amended by adding 
                at the end the following:
            ``(10) Climate change and resilience.--
                    ``(A) In general.--The transportation planning 
                process shall assess strategies to reduce the climate 
                change impacts of the surface transportation system and 
                conduct a vulnerability assessment to identify 
                opportunities to enhance the resilience of the surface 
                transportation system and ensure the efficient use of 
                Federal resources.
                    ``(B) Climate change mitigation and impacts.--A 
                long-range transportation plan shall--
                            ``(i) identify investments and strategies 
                        to reduce transportation-related sources of 
                        greenhouse gas emissions per capita;
                            ``(ii) identify investments and strategies 
                        to manage transportation demand and increase 
                        the rates of public transportation ridership, 
                        walking, bicycling, and carpools; and
                            ``(iii) recommend zoning and other land use 
                        policies that would support infill, transit-
                        oriented development, and mixed use 
                        development.
                    ``(C) Vulnerability assessment.--A long-range 
                transportation plan shall incorporate a vulnerability 
                assessment that--
                            ``(i) includes a risk-based assessment of 
                        vulnerabilities of critical transportation 
                        assets and systems to covered events (as such 
                        term is defined in section 124 of title 23);
                            ``(ii) considers, as applicable, the risk 
                        management analysis in the State's asset 
                        management plan developed pursuant to section 
                        119 of title 23, and the State's evaluation of 
                        reasonable alternatives to repeatedly damaged 
                        facilities conducted under part 667 of title 
                        23, Code of Federal Regulations;
                            ``(iii) identifies evacuation routes, 
                        assesses the ability of any such routes to 
                        provide safe passage for evacuation, access to 
                        health care and public health facilities, and 
                        emergency response during an emergency event, 
                        and identifies any improvements or redundant 
                        facilities necessary to adequately facilitate 
                        safe passage;
                            ``(iv) describes the State's adaptation and 
                        resilience improvement strategies that will 
                        inform the transportation investment decisions 
                        of the State; and
                            ``(v) is consistent with and complementary 
                        of the State and local mitigation plans 
                        required under section 322 of the Robert T. 
                        Stafford Disaster Relief and Emergency 
                        Assistance Act (42 U.S.C. 5165).
                    ``(D) Consultation.--The assessment described in 
                this subparagraph shall be developed in consultation 
                with, as appropriate, State, local, and Tribal 
                officials responsible for land use, housing, 
                resilience, hazard mitigation, and emergency 
                management.''.
                    (B) Resilience projects.--Section 5304(g)(5)(B) of 
                title 49, United States Code, is amended by adding at 
                the end the following:
                            ``(iii) Resilience projects.--The STIP 
                        shall--
                                    ``(I) identify projects that 
                                address the vulnerabilities identified 
                                by the assessment in subsection 
                                (i)(10)(B); and
                                    ``(II) describe how each project 
                                identified under subclause (I) would 
                                improve the resilience of the 
                                transportation system.''.

SEC. 1203. EMERGENCY RELIEF.

    (a) In General.--Section 125 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(1) by inserting ``wildfire,'' after 
        ``severe storm,'';
            (2) by striking subsection (b);
            (3) in subsection (c)(2)(A) by striking ``in any 1 fiscal 
        year commencing after September 30, 1980,'' and inserting ``in 
        any fiscal year'';
            (4) in subsection (d)--
                    (A) in paragraph (3)(C) by striking ``subsection 
                (e)(1)'' and inserting ``subsection (g)'';
                    (B) by redesignating paragraph (3) as paragraph 
                (4); and
                    (C) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) In general.--The Secretary may expend funds from the 
        emergency fund authorized by this section only for the repair 
        or reconstruction of highways on Federal-aid highways in 
        accordance with this chapter.
            ``(2) Restrictions.--
                    ``(A) In general.--No funds shall be expended from 
                the emergency fund authorized by this section unless--
                            ``(i) an emergency has been declared by the 
                        Governor of the State with concurrence by the 
                        Secretary, unless the President has declared 
                        the emergency to be a major disaster for the 
                        purposes of the Robert T. Stafford Disaster 
                        Relief and Emergency Assistance Act (42 U.S.C. 
                        5121 et seq.) for which concurrence of the 
                        Secretary is not required; and
                            ``(ii) the Secretary has received an 
                        application from the State transportation 
                        department that includes a comprehensive list 
                        of all eligible project sites and repair costs 
                        by not later than 2 years after the natural 
                        disaster or catastrophic failure.
                    ``(B) Cost limitation.--The total cost of a project 
                funded under this section may not exceed the cost of 
                repair or reconstruction of a comparable facility 
                unless the Secretary determines that the project 
                incorporates economically justified betterments, 
                including protective features to increase the 
                resilience of the facility.
            ``(3) Special rule for bridge projects.--In no case shall 
        funds be used under this section for the repair or 
        reconstruction of a bridge--
                    ``(A) that has been permanently closed to all 
                vehicular traffic by the State or responsible local 
                official because of imminent danger of collapse due to 
                a structural deficiency or physical deterioration; or
                    ``(B) if a construction phase of a replacement 
                structure is included in the approved statewide 
                transportation improvement program at the time of an 
                event described in subsection (a).'';
            (5) in subsection (e)--
                    (A) by striking paragraph (1);
                    (B) in paragraph (2) by striking ``subsection 
                (d)(1)'' and inserting ``subsection (c)(1)''; and
                    (C) by redesignating paragraphs (2) and (3), as 
                amended, as paragraphs (1) and (2), respectively;
            (6) by redesignating subsections (c) through (g), as 
        amended, as subsections (b) through (f), respectively; and
            (7) by adding at the end the following:
    ``(g) Imposition of Deadline.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded under 
        this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                    ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (d)(2)(A)(i); or
                    ``(B) the date on which the President declared the 
                emergency to be a major disaster, as described in such 
                subsection.
            ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant such an extension.
    ``(h) Hazard Mitigation Pilot Program.--
            ``(1) In general.--The Secretary shall establish a hazard 
        mitigation pilot program for the purpose of mitigating future 
        hazards posed to Federal-aid highways.
            ``(2) Distribution of funds.--
                    ``(A) Authorization of appropriations.--There is 
                authorized to be appropriated such sums as may be 
                necessary for the pilot program established under this 
                subsection.
                    ``(B) Calculation.--Every 6 months, the Secretary 
                shall calculate the total amount of outstanding 
                eligible repair costs under the emergency relief 
                program under this section, including the emergency 
                relief backlog, for each State, territory, Tribal 
                government, or other eligible entity.
                    ``(C) Distribution.--Any amounts made available 
                under this subsection shall be distributed to each 
                State, territory, Tribal government, or other eligible 
                entity based on--
                            ``(i) the ratio of the total amount of 
                        outstanding eligible repair costs as described 
                        under subparagraph (B); bears to
                            ``(ii) the total amounts appropriated for 
                        the purposes described in this subsection.
                    ``(D) Limitation.--The distribution described under 
                subparagraph (C) shall not exceed 5 percent of the 
                amount described in subparagraph (B).
            ``(3) Eligible activities.--Amounts made available under 
        this subsection shall be used for protective features or other 
        hazard mitigation activities that--
                    ``(A) the Secretary determines are cost effective 
                and that reduce the risk of, or increase the resilience 
                to, future damage to existing assets as a result of 
                natural disasters; and
                    ``(B) are eligible under section 124.
            ``(4) Report.--The Secretary shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate an annual report detailing--
                    ``(A) a description of the activities carried out 
                under the pilot program;
                    ``(B) an evaluation of the effectiveness of the 
                pilot program in meeting purposes descried in paragraph 
                (1);
                    ``(C) policy recommendations to improve the 
                effectiveness of the pilot program.
            ``(5) Sunset.--The authority provided under this subsection 
        shall terminate on October 1, 2025.
    ``(i) Improving the Emergency Relief Program.--Not later than 90 
days after the date of enactment of the INVEST in America Act, the 
Secretary shall--
            ``(1) revise the emergency relief manual of the Federal 
        Highway Administration--
                    ``(A) to include and reflect the definition of the 
                term `resilience' (as defined in section 101(a));
                    ``(B) to identify procedures that States may use to 
                incorporate resilience into emergency relief projects; 
                and
                    ``(C) to encourage the use of context sensitive 
                design principles and consideration of access for 
                moderate- and low-income families impacted by a 
                declared disaster;
            ``(2) develop best practices for improving the use of 
        resilience in--
                    ``(A) the emergency relief program under section 
                125; and
                    ``(B) emergency relief efforts;
            ``(3) provide to division offices of the Federal Highway 
        Administration and State departments of transportation 
        information on the best practices developed under paragraph 
        (2); and
            ``(4) develop and implement a process to track--
                    ``(A) the consideration of resilience as part of 
                the emergency relief program under section 125; and
                    ``(B) the costs of emergency relief projects.
    ``(j) Definitions.--In this section:
            ``(1) Comparable facility.--The term `comparable facility' 
        means a facility that meets the current geometric and 
        construction standards required for the types and volume of 
        traffic that the facility will carry over its design life.
            ``(2) Construction phase.--The term `construction phase' 
        means the phase of physical construction of a highway or bridge 
        facility that is separate from any other identified phases, 
        such as planning, design, or right-of-way phases, in the State 
        transportation improvement program.
            ``(3) Open to public travel.--The term `open to public 
        travel' means with respect to a road, that, except during 
        scheduled periods, extreme weather conditions, or emergencies, 
        the road--
                    ``(A) is maintained;
                    ``(B) is open to the general public; and
                    ``(C) can accommodate travel by a standard 
                passenger vehicle, without restrictive gates or 
                prohibitive signs or regulations, other than for 
                general traffic control or restrictions based on size, 
                weight, or class of registration.
            ``(4) Standard passenger vehicle.--The term `standard 
        passenger vehicle' means a vehicle with 6 inches of clearance 
        from the lowest point of the frame, body, suspension, or 
        differential to the ground.''.
    (b) Conforming Amendments.--
            (1) Federal lands and tribal transportation programs.--
        Section 201(c)(8)(A) of title 23, United States Code, is 
        amended by striking ``section 125(e)'' and inserting ``section 
        125(g)''.
            (2) Tribal transportation program.--Section 202(b)(6)(A) of 
        title 23, United States Code, is amended by striking ``section 
        125(e)'' and inserting ``section 125(d)''.
    (c) Repeal.--Section 668.105(h) of title 23, Code of Federal 
Regulations, is repealed.

SEC. 1204. RAILWAY CROSSINGS.

    (a) In General.--Section 130 of title 23, United States Code, is 
amended--
            (1) in the section heading by striking ``Railway-highway 
        crossings'' and inserting ``Railway crossings'';
            (2) in subsection (a)--
                    (A) by striking ``Subject to section 120 and 
                subsection (b) of this section, the entire'' and 
                inserting ``In General.--The'';
                    (B) by striking ``then the entire'' and inserting 
                ``the''; and
                    (C) by striking ``, subject to section 120 and 
                subsection (b) of this section,'';
            (3) by amending subsection (b) to read as follows:
    ``(b) Classification.--
            ``(1) In general.--The construction of projects for the 
        elimination of hazards at railway crossings represents a 
        benefit to the railroad. The Secretary shall classify the 
        various types of projects involved in the elimination of 
        hazards of railway-highway crossings, and shall set for each 
        such classification a percentage of the total project cost that 
        represent the benefit to the railroad or railroads for the 
        purpose of determining the railroad's share of the total 
        project cost. The Secretary shall determine the appropriate 
        classification of each project.
            ``(2) Noncash contributions.--
                    ``(A) In general.--Not more than 5 percent of the 
                cost share described in paragraph (1) may be 
                attributable to noncash contributions of materials and 
                labor furnished by the railroad in connection with the 
                construction of such project.
                    ``(B) Requirement.--The requirements under section 
                200.306 and 200.403(g) of title 2, Code of Federal 
                Regulations (or successor regulations), shall apply to 
                any noncash contributions under this subsection.
            ``(3) Total project cost.--For the purposes of this 
        subsection, the determination of the railroad's share of the 
        total project cost shall include environment, design, right-of-
        way, utility accommodation, and construction phases of the 
        project.'';
            (4) in subsection (c)--
                    (A) by striking ``Any railroad involved'' and 
                inserting ``Benefit.--Any railroad involved'';
                    (B) by striking ``the net benefit'' and inserting 
                ``the cost associated with the benefit''; and
                    (C) by striking ``Such payment may consist in whole 
                or in part of materials and labor furnished by the 
                railroad in connection with the construction of such 
                project.'';
            (5) by striking subsection (e) and inserting the following:
    ``(e) Railway Crossings.--
            ``(1) Eligible activities.--Funds apportioned to a State 
        under section 104(b)(7) may be obligated for the following:
                    ``(A) The elimination of hazards at railway-highway 
                crossings, including technology or protective upgrades.
                    ``(B) Construction or installation of protective 
                devices (including replacement of functionally obsolete 
                protective devices) at railway-highway crossings.
                    ``(C) Infrastructure and noninfrastructure projects 
                and strategies to prevent or reduce suicide or 
                trespasser fatalities and injuries along railroad 
                rights-of-way and at or near railway-highway crossings.
                    ``(D) Projects to mitigate any degradation in the 
                level of access from a highway-grade crossing closure.
                    ``(E) Bicycle and pedestrian railway grade crossing 
                improvements, including underpasses and overpasses.
                    ``(F) Projects eligible under section 22907(c)(5) 
                of title 49, provided that amounts obligated under this 
                subparagraph--
                            ``(i) shall be administered by the 
                        Secretary in accordance with such section as if 
                        such amounts were made available to carry out 
                        such section; and
                            ``(ii) may be used to pay up to 90 percent 
                        of the non-Federal share of the cost of a 
                        project carried out under such section.
            ``(2) Special rule.--If a State demonstrates to the 
        satisfaction of the Secretary that the State has met all its 
        needs for installation of protective devices at railway-highway 
        crossings, the State may use funds made available by this 
        section for other highway safety improvement program 
        purposes.'';
            (6) by striking subsection (f) and inserting the following:
    ``(f) Federal Share.--Notwithstanding section 120, the Federal 
share payable on account of any project financed with funds made 
available to carry out subsection (e) shall be up to 90 percent of the 
cost thereof.'';
            (7) by striking subsection (g) and inserting the following:
    ``(g) Report.--
            ``(1) State report.--
                    ``(A) In general.--Not later than 2 years after the 
                date of enactment of the INVEST in America Act, and at 
                least biennially thereafter, each State shall submit to 
                the Secretary a report on the progress being made to 
                implement the railway crossings program authorized by 
                this section and the effectiveness of such 
                improvements.
                    ``(B) Contents.--Each State report under 
                subparagraph (A) shall contain an assessment of the 
                costs of the various treatments employed and subsequent 
                accident experience at improved locations.
            ``(2) Departmental report.--
                    ``(A) In general.--Not later than 180 days after 
                the deadline for the submission of a report under 
                paragraph (1)(A), the Secretary shall publish on the 
                website of the Department of Transportation a report on 
                the progress being made by the State in implementing 
                projects to improve railway-highway crossings.
                    ``(B) Contents.--The report under subparagraph (A) 
                shall include--
                            ``(i) the number of projects undertaken;
                            ``(ii) distribution of such projects by 
                        cost range, road system, nature of treatment, 
                        and subsequent accident experience at improved 
                        locations;
                            ``(iii) an analysis and evaluation of each 
                        State program;
                            ``(iv) the identification of any State 
                        found not to be in compliance with the schedule 
                        of improvements required by subsection (d); and
                            ``(v) recommendations for future 
                        implementation of the railway crossings 
                        program.'';
            (8) in subsection (j)--
                    (A) in the heading by inserting ``and Pedestrian'' 
                after ``Bicycle''; and
                    (B) by inserting ``and pedestrian'' after 
                ``bicycle''; and
            (9) in subsection (l)--
                    (A) in paragraph (1) by striking ``Not later than'' 
                and all that follows through ``each State'' and 
                inserting ``Not later than 6 months after a new railway 
                crossing becomes operational, each State''; and
                    (B) in paragraph (2) by striking ``On a periodic'' 
                and all that follows through ``every year thereafter'' 
                and inserting ``On or before September 30 of each 
                year''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by amending the item relating to section 
130 to read as follows:

``130. Railway crossings.''.
    (c) GAO Study.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to Congress a report that includes an analysis of the effectiveness of 
the railway crossing program under section 130 of title 23, United 
States Code.
    (d) Sense of Congress Relating to Trespasser Deaths Along Railroad 
Rights-of-Way.--It is the sense of Congress that the Department of 
Transportation should, where feasible, coordinate departmental efforts 
to prevent or reduce trespasser deaths along railroad rights-of-way and 
at or near railway-highway crossings.

SEC. 1205. SURFACE TRANSPORTATION PROGRAM.

    (a) In General.--Section 133 of title 23, United States Code, is 
amended--
            (1) in the heading by striking ``block grant'';
            (2) in subsection (a) by striking ``block grant'';
            (3) in subsection (b)--
                    (A) by striking ``block grant'';
                    (B) in paragraph (4) by striking ``railway-highway 
                grade crossings'' and inserting ``projects eligible 
                under section 130 and installation of safety barriers 
                and nets on bridges'';
                    (C) in paragraph (6)--
                            (i) by striking ``Recreational'' and 
                        inserting ``Transportation alternatives 
                        projects eligible under subsection (h), 
                        recreational''; and
                            (ii) by striking ``1404 of SAFETEA-LU (23 
                        U.S.C. 402 note)'' and inserting ``211''; and
                    (D) by adding at the end the following:
            ``(16) Protective features (including natural 
        infrastructure and vegetation control and clearance) to enhance 
        the resilience of a transportation facility otherwise eligible 
        for assistance under this section.
            ``(17) Projects to reduce greenhouse gas emissions eligible 
        under section 171, including the installation of electric 
        vehicle charging infrastructure.
            ``(18) Projects and strategies to reduce vehicle-caused 
        wildlife mortality related to, or to restore and maintain 
        connectivity among terrestrial or aquatic habitats affected by, 
        a transportation facility otherwise eligible for assistance 
        under this section.
            ``(19) A surface transportation project carried out in 
        accordance with the national travel and tourism infrastructure 
        strategic plan under section 1431(e) of the FAST Act (49 U.S.C. 
        301 note).
            ``(20) roads in rural areas that primarily serve to 
        transport agricultural products from a farm or ranch to a 
        marketplace.'';
            (4) in subsection (c)--
                    (A) by striking ``block grant'' and inserting 
                ``program'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) for a project described in--
                    ``(A) subsection (h); or
                    ``(B) section 101(a)(29), as in effect on the day 
                before the date of enactment of the FAST Act;'';
                    (C) by redesignating paragraph (4) as paragraph 
                (5); and
                    (D) by inserting after paragraph (3) the following:
            ``(4) for a project described in section 5308 of title 49; 
        and'';
            (5) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by inserting ``each fiscal year'' after 
                        ``apportioned to a State'';
                            (ii) by striking ``the reservation of'' and 
                        inserting ``setting aside''; and
                            (iii) in subparagraph (A)--
                                    (I) by striking ``the percentage 
                                specified in paragraph (6) for a fiscal 
                                year'' and inserting ``57 percent for 
                                fiscal year 2022, 58 percent for fiscal 
                                year 2023, 59 percent for fiscal year 
                                2024, and 60 percent for fiscal year 
                                2025'';
                                    (II) in clause (i) by striking ``of 
                                over'' and inserting ``greater than''; 
                                and
                                    (III) by striking clauses (ii) and 
                                (iii) and inserting the following:
                            ``(ii) in urbanized areas of the State with 
                        an urbanized area population greater than 
                        49,999 and less than 200,001;
                            ``(iii) in urban areas of the State with a 
                        population greater than 4,999 and less than 
                        50,000; and
                            ``(iv) in other areas of the State with a 
                        population less than 5,000; and'';
                    (B) by striking paragraph (3) and inserting the 
                following:
            ``(3) Local coordination and consultation.--
                    ``(A) Coordination with metropolitan planning 
                organizations.--For purposes of paragraph (1)(A)(ii), a 
                State shall--
                            ``(i) establish a process to coordinate 
                        with all metropolitan planning organizations in 
                        the State that represent an urbanized area 
                        described in such paragraph; and
                            ``(ii) describe how funds described under 
                        paragraph (1)(A)(ii) will be allocated 
                        equitably among such urbanized areas during the 
                        period of fiscal years 2022 through 2025.
                    ``(B) Joint responsibility.--Each State and the 
                Secretary shall jointly ensure compliance with 
                subparagraph (A).
                    ``(C) Consultation with regional transportation 
                planning organizations.--For purposes of clauses (iii) 
                and (iv) of paragraph (1)(A), before obligating funding 
                attributed to an area with a population less than 
                50,000, a State shall consult with the regional 
                transportation planning organizations that represent 
                the area, if any.'';
                    (C) in the heading for paragraph (4) by striking 
                ``over 200,000'' and inserting ``greater than 
                200,000'';
                    (D) by striking paragraph (6) and inserting the 
                following:
            ``(6) Technical assistance.--
                    ``(A) In general.--The State and all metropolitan 
                planning organizations in the State that represent an 
                urbanized area with a population of greater than 
                200,000 shall jointly establish a program to improve 
                the ability of applicants to deliver projects under 
                this subsection in an efficient and expeditious manner 
                and reduce the period of time between the selection of 
                the project and the obligation of funds for the project 
                by providing--
                            ``(i) technical assistance and training to 
                        applicants for projects under this subsection; 
                        and
                            ``(ii) funding for one or more full-time 
                        State employee positions to administer this 
                        subsection.
                    ``(B) Eligible funds.--To carry out this 
                paragraph--
                            ``(i) a State shall set aside an amount 
                        equal to 1 percent of the funds available under 
                        paragraph (1)(A)(i); and
                            ``(ii) at the request of an eligible 
                        metropolitan planning organization, the State 
                        and metropolitan planning organization may 
                        jointly agree to use additional funds available 
                        under paragraph (1)(A)(i).
                    ``(C) Use of funds.--Amounts used under this 
                paragraph may be expended--
                            ``(i) directly by the State; or
                            ``(ii) through contracts with State 
                        agencies, private entities, or nonprofit 
                        organizations.'';
            (6) in subsection (e)(1)--
                    (A) by striking ``over 200,000'' and inserting 
                ``greater than 200,000''; and
                    (B) by striking ``2016 through 2020'' and inserting 
                ``2022 through 2025'';
            (7) by striking subsection (f) and inserting the following:
    ``(f) Bridges Not on Federal-Aid Highways.--
            ``(1) Definition of off-system bridge.--In this subsection, 
        the term `off-system bridge' means a bridge located on a public 
        road, other than a bridge on a Federal-aid highway.
            ``(2) Special rule.--
                    ``(A) Set aside.--Of the amounts apportioned to a 
                State for each fiscal year under this section other 
                than the amounts described in subparagraph (C), the 
                State shall obligate for activities described in 
                subsection (b)(2) (as in effect on the day before the 
                date of enactment of the FAST Act) for off-system 
                bridges an amount that is not less than 20 percent of 
                the amounts available to such State under this section 
                in fiscal year 2020, not including the amounts 
                described in subparagraph (C).
                    ``(B) Reduction of expenditures.--The Secretary, 
                after consultation with State and local officials, may 
                reduce the requirement for expenditures for off-system 
                bridges under subparagraph (A) with respect to the 
                State if the Secretary determines that the State has 
                inadequate needs to justify the expenditure.
                    ``(C) Limitations.--The following amounts shall not 
                be used for the purposes of meeting the requirements of 
                subparagraph (A):
                            ``(i) Amounts described in section 
                        133(d)(1)(A).
                            ``(ii) Amounts set aside under section 
                        133(h).
                            ``(iii) Amounts described in section 
                        505(a).
            ``(3) Credit for bridges not on federal-aid highways.--
        Notwithstanding any other provision of law, with respect to any 
        project not on a Federal-aid highway for the replacement of a 
        bridge or rehabilitation of a bridge that is wholly funded from 
        State and local sources, is eligible for Federal funds under 
        this section, is certified by the State to have been carried 
        out in accordance with all standards applicable to such 
        projects under this section, and is determined by the Secretary 
        upon completion to be no longer a deficient bridge--
                    ``(A) any amount expended after the date of 
                enactment of this subsection from State and local 
                sources for the project in excess of 20 percent of the 
                cost of construction of the project may be credited to 
                the non-Federal share of the cost of other bridge 
                projects in the State that are eligible for Federal 
                funds under this section; and
                    ``(B) that crediting shall be conducted in 
                accordance with procedures established by the 
                Secretary.''; and
            (8) in subsection (g)--
                    (A) in the heading by striking ``5,000'' and 
                inserting ``50,000''; and
                    (B) in paragraph (1), by striking subsection 
                (d)(1)(A)(ii) and all that follows through the period 
                at the end and inserting ``clauses (iii) and (iv) of 
                subsection (d)(1)(A) for each fiscal year may be 
                obligated on roads functionally classified as rural 
                minor collectors or local roads or on critical rural 
                freight corridors designated under section 167(e).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
133 and inserting the following:

``133. Surface transportation program.''.
    (c) Conforming Amendments.--
            (1) Advance acquisition of real property.--Section 108(c) 
        of title 23, United States Code, is amended--
                    (A) in paragraph (2)(A) by striking ``block 
                grant''; and
                    (B) in paragraph (3) by striking ``block grant''.
            (2) Public transportation.--Section 142(e)(2) of title 23, 
        United States Code, is amended by striking ``block grant''.
            (3) Highway use tax evasion projects.--Section 143(b)(8) of 
        title 23, United States Code, is amended in the heading by 
        striking ``block grant''.
            (4) Congestion mitigation and air quality improvement 
        program.--Section 149(d) of title 23, United States Code, is 
        amended--
                    (A) in paragraph (1)(B) by striking ``block 
                grant''; and
                    (B) in paragraph (2)(A) by striking ``block 
                grant''.
            (5) Territorial and puerto rico highway program.--Section 
        165 of title 23, United States Code, is amended--
                    (A) in subsection (b)(2)(A)(ii) by striking ``block 
                grant'' each time such term appears; and
                    (B) in subsection (c)(6)(A)(i) by striking ``block 
                grant''.
            (6) Magnetic levitation transportation technology 
        deployment program.--Section 322(h)(3) of title 23, United 
        States Code, is amended by striking ``block grant''.
            (7) Training and education.--Section 504(a)(4) of title 23, 
        United States Code, is amended by striking ``block grant''.

SEC. 1206. TRANSPORTATION ALTERNATIVES PROGRAM.

    Section 133(h) of title 23, United States Code, is amended to read 
as follows:
    ``(h) Transportation Alternatives Program Set-Aside.--
            ``(1) Set aside.--For each fiscal year, of the total funds 
        apportioned to all States under section 104(b)(2) for a fiscal 
        year, the Secretary shall set aside an amount such that--
                    ``(A) the Secretary sets aside a total amount under 
                this subsection for a fiscal year equal to 10 percent 
                of such total funds; and
                    ``(B) the State's share of the amount set aside 
                under subparagraph (A) is determined by multiplying the 
                amount set aside under subparagraph (A) by the ratio 
                that--
                            ``(i) the amount apportioned to the State 
                        for the transportation enhancement program for 
                        fiscal year 2009 under section 133(d)(2), as in 
                        effect on the day before the date of enactment 
                        of MAP-21; bears to
                            ``(ii) the total amount of funds 
                        apportioned to all States for the 
                        transportation enhancements program for fiscal 
                        year 2009.
            ``(2) Allocation within a state.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), funds set aside for a State under 
                paragraph (1) shall be obligated within that State in 
                the manner described in subsections (d) and (e), except 
                that, for purposes of this paragraph (after funds are 
                made available under paragraph (5))--
                            ``(i) for each fiscal year, the percentage 
                        referred to in paragraph (1)(A) of subsection 
                        (d) shall be deemed to be 66 percent; and
                            ``(ii) paragraph (3) of subsection (d) 
                        shall not apply.
                    ``(B) Local control.--
                            ``(i) In general.--A State may make 
                        available up to 100 percent of the funds set 
                        aside under paragraph (1) to the entities 
                        described in subclause (I) if the State submits 
                        to the Secretary, and the Secretary approves, a 
                        plan that describes--
                                    ``(I) how such funds shall be made 
                                available to metropolitan planning 
                                organizations, regional transportation 
                                planning organizations, counties, or 
                                other regional transportation 
                                authorities;
                                    ``(II) how the entities described 
                                in subclause (I) shall select projects 
                                for funding and how such entities shall 
                                report selected projects to the State;
                                    ``(III) the legal, financial, and 
                                technical capacity of such entities; 
                                and
                                    ``(IV) the procedures in place to 
                                ensure such entities comply with the 
                                requirements of this title.
                            ``(ii) Requirement.--A State that makes 
                        funding available under a plan approved under 
                        this subparagraph shall make available an 
                        equivalent amount of obligation authority to an 
                        entity described in clause (i)(I) to whom funds 
                        are made available under this subparagraph.
            ``(3) Eligible projects.--Funds set aside under this 
        subsection may be obligated for any of the following projects 
        or activities:
                    ``(A) Construction, planning, and design of on-road 
                and off-road trail facilities for pedestrians, 
                bicyclists, and other nonmotorized forms of 
                transportation, including sidewalks, bicycle 
                infrastructure, pedestrian and bicycle signals, traffic 
                calming techniques, lighting and other safety-related 
                infrastructure, and transportation projects to achieve 
                compliance with the Americans with Disabilities Act of 
                1990 (42 U.S.C. 12101 et seq.).
                    ``(B) Construction, planning, and design of 
                infrastructure-related projects and systems that will 
                provide safe routes for nondrivers, including children, 
                older adults, and individuals with disabilities to 
                access daily needs.
                    ``(C) Conversion and use of abandoned railroad 
                corridors for trails for pedestrians, bicyclists, or 
                other nonmotorized transportation users.
                    ``(D) Construction of turnouts, overlooks, and 
                viewing areas.
                    ``(E) Community improvement activities, including--
                            ``(i) inventory, control, or removal of 
                        outdoor advertising;
                            ``(ii) historic preservation and 
                        rehabilitation of historic transportation 
                        facilities;
                            ``(iii) vegetation management practices in 
                        transportation rights-of-way to improve roadway 
                        safety, prevent against invasive species, 
                        facilitate wildfire control, and provide 
                        erosion control; and
                            ``(iv) archaeological activities relating 
                        to impacts from implementation of a 
                        transportation project eligible under this 
                        title.
                    ``(F) Any environmental mitigation activity, 
                including pollution prevention and pollution abatement 
                activities and mitigation to address stormwater 
                management, control, and water pollution prevention or 
                abatement related to highway construction or due to 
                highway runoff, including activities described in 
                sections 328(a) and 329.
                    ``(G) Projects and strategies to reduce vehicle-
                caused wildlife mortality related to, or to restore and 
                maintain connectivity among terrestrial or aquatic 
                habitats affected by, a transportation facility 
                otherwise eligible for assistance under this 
                subsection.
                    ``(H) The recreational trails program under section 
                206.
                    ``(I) The safe routes to school program under 
                section 211.
                    ``(J) Activities in furtherance of a vulnerable 
                road user assessment described in section 148.
                    ``(K) Any other projects or activities described in 
                section 101(a)(29) or section 213, as such sections 
                were in effect on the day before the date of enactment 
                of the FAST Act (Public Law 114-94).
            ``(4) Access to funds.--
                    ``(A) In general.--A State, metropolitan planning 
                organization required to obligate funds in accordance 
                with paragraph (2)(A), or an entity required to 
                obligate funds in accordance with paragraph (2)(B) 
                shall develop a competitive process to allow eligible 
                entities to submit projects for funding that achieve 
                the objectives of this subsection. A metropolitan 
                planning organization for an area described in 
                subsection (d)(1)(A)(i) shall select projects under 
                such process in consultation with the relevant State.
                    ``(B) Eligible entity defined.--In this paragraph, 
                the term `eligible entity' means--
                            ``(i) a local government, including a 
                        county or multi-county special district;
                            ``(ii) a regional transportation authority;
                            ``(iii) a transit agency;
                            ``(iv) a natural resource or public land 
                        agency;
                            ``(v) a school district, local education 
                        agency, or school;
                            ``(vi) a tribal government;
                            ``(vii) a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of 200,000 or fewer;
                            ``(viii) a nonprofit organization carrying 
                        out activities related to transportation;
                            ``(ix) any other local or regional 
                        governmental entity with responsibility for or 
                        oversight of transportation or recreational 
                        trails (other than a metropolitan planning 
                        organization that serves an urbanized area with 
                        a population of over 200,000 or a State agency) 
                        that the State determines to be eligible, 
                        consistent with the goals of this subsection; 
                        and
                            ``(x) a State, at the request of any entity 
                        listed in clauses (i) through (ix).
            ``(5) Continuation of certain recreational trails 
        projects.--
                    ``(A) In general.--For each fiscal year, a State 
                shall--
                            ``(i) obligate an amount of funds set aside 
                        under this subsection equal to 175 percent of 
                        the amount of the funds apportioned to the 
                        State for fiscal year 2009 under section 
                        104(h)(2), as in effect on the day before the 
                        date of enactment of MAP-21, for projects 
                        relating to recreational trails under section 
                        206;
                            ``(ii) return 1 percent of the funds 
                        described in clause (i) to the Secretary for 
                        the administration of such program; and
                            ``(iii) comply with the provisions of the 
                        administration of the recreational trails 
                        program under section 206, including the use of 
                        apportioned funds described in subsection 
                        (d)(3)(A) of such section.
                    ``(B) State flexibility.--A State may opt out of 
                the recreational trails program under this paragraph if 
                the Governor of the State notifies the Secretary not 
                later than 30 days prior to the date on which an 
                apportionment is made under section 104 for any fiscal 
                year.
            ``(6) Improving accessibility and efficiency.--
                    ``(A) In general.--A State may use an amount equal 
                to not more than 5 percent of the funds set aside for 
                the State under this subsection, after allocating funds 
                in accordance with paragraph (2)(A), to improve the 
                ability of applicants to access funding for projects 
                under this subsection in an efficient and expeditious 
                manner by providing--
                            ``(i) to applicants for projects under this 
                        subsection application assistance, technical 
                        assistance, and assistance in reducing the 
                        period of time between the selection of the 
                        project and the obligation of funds for the 
                        project; and
                            ``(ii) funding for one or more full-time 
                        State employee positions to administer this 
                        subsection.
                    ``(B) Use of funds.--Amounts used under 
                subparagraph (A) may be expended--
                            ``(i) directly by the State; or
                            ``(ii) through contracts with State 
                        agencies, private entities, or nonprofit 
                        entities.
            ``(7) Federal share.--
                    ``(A) Flexible match.--
                            ``(i) In general.--Notwithstanding section 
                        120--
                                    ``(I) the non-Federal share for a 
                                project under this subsection may be 
                                calculated on a project, multiple-
                                project, or program basis; and
                                    ``(II) the Federal share of the 
                                cost of an individual project in this 
                                subsection may be up to 100 percent.
                            ``(ii) Aggregate non-federal share.--The 
                        average annual non-Federal share of the total 
                        cost of all projects for which funds are 
                        obligated under this subsection in a State for 
                        a fiscal year shall be not less than the non-
                        Federal share authorized for the State under 
                        section 120(b).
                            ``(iii) Requirement.--This subparagraph 
                        shall only apply to a State if such State has 
                        adequate financial controls, as certified by 
                        the Secretary, to account for the average 
                        annual non-Federal share under this 
                        subparagraph.
                    ``(B) Safety projects.--Notwithstanding section 
                120, funds made available to carry out section 148 may 
                be credited toward the non-Federal share of the costs 
                of a project under this subsection if the project--
                            ``(i) is a project described in section 
                        148(e)(1); and
                            ``(ii) is consistent with the State 
                        strategic highway safety plan (as defined in 
                        section 148(a)).
            ``(8) Flexibility.--
                    ``(A) State authority.--
                            ``(i) In general.--A State may use not more 
                        than 50 percent of the funds set aside under 
                        this subsection that are available for 
                        obligation in any area of the State 
                        (suballocated consistent with the requirements 
                        of subsection (d)(1)(B)) for any purpose 
                        eligible under subsection (b).
                            ``(ii) Restriction.--Funds may be used as 
                        described in clause (i) only if the State 
                        demonstrates to the Secretary--
                                    ``(I) that the State held a 
                                competition in compliance with the 
                                requirements of this subsection in such 
                                form as the Secretary determines 
                                appropriate;
                                    ``(II) that the State offered 
                                technical assistance to all eligible 
                                entities and provided such assistance 
                                upon request by an eligible entity; and
                                    ``(III) that there were not 
                                sufficient suitable applications from 
                                eligible entities to use the funds 
                                described in clause (i).
                    ``(B) MPO authority.--
                            ``(i) In general.--A metropolitan planning 
                        organization that represents an urbanized area 
                        with a population of greater than 200,000 may 
                        use not more than 50 percent of the funds set 
                        aside under this subsection for an urbanized 
                        area described in subsection (d)(1)(A)(i) for 
                        any purpose eligible under subsection (b).
                            ``(ii) Restriction.--Funds may be used as 
                        described in clause (i) only if the Secretary 
                        certifies that the metropolitan planning 
                        organization--
                                    ``(I) held a competition in 
                                compliance with the requirements of 
                                this subsection in such form as the 
                                Secretary determines appropriate; and
                                    ``(II) demonstrates that there were 
                                not sufficient suitable applications 
                                from eligible entities to use the funds 
                                described in clause (i).
            ``(9) Annual reports.--
                    ``(A) In general.--Each State or metropolitan 
                planning organization responsible for carrying out the 
                requirements of this subsection shall submit to the 
                Secretary an annual report that describes--
                            ``(i) the number of project applications 
                        received for each fiscal year, including--
                                    ``(I) the aggregate cost of the 
                                projects for which applications are 
                                received; and
                                    ``(II) the types of projects to be 
                                carried out, expressed as percentages 
                                of the total apportionment of the State 
                                under this subsection; and
                            ``(ii) the list of each project selected 
                        for funding for each fiscal year, including 
                        specifying the fiscal year for which the 
                        project was selected, the fiscal year in which 
                        the project is anticipated to be funded, the 
                        recipient, the location, the type, and a brief 
                        description.
                    ``(B) Public availability.--The Secretary shall 
                make available to the public, in a user-friendly format 
                on the website of the Department of Transportation, a 
                copy of each annual report submitted under subparagraph 
                (A).''.

SEC. 1207. BRIDGE INVESTMENT.

    (a) In General.--Section 144 of title 23, United States Code, is 
amended--
            (1) in the section heading by striking ``National bridge 
        and tunnel inventory and inspection standards'' and inserting 
        ``Bridges and tunnels'';
            (2) in subsection (a)(1)(B) by striking ``deficient'';
            (3) in subsection (b)(5) by striking ``structurally 
        deficient bridge'' and inserting ``bridge classified as in poor 
        condition'';
            (4) in subsection (d)--
                    (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of the MAP-21, each'' 
                and inserting ``Each''; and
                    (B) by striking paragraph (4);
            (5) in subsection (j)--
                    (A) in paragraph (2) by inserting ``, 124,'' after 
                ``section 119'';
                    (B) in paragraph (3)(A) by inserting ``, 124,'' 
                after ``section 119''; and
                    (C) in paragraph (5) by striking ``financial 
                characteristics'' and all that follows through the end 
                and inserting ``Federal share.''; and
            (6) by adding at the end the following:
    ``(l) Highway Bridge Replacement and Rehabilitation.--
            ``(1) Goals.--The goals of this subsection shall be to--
                    ``(A) support the achievement of a state of good 
                repair for the Nation's bridges;
                    ``(B) improve the safety, efficiency, and 
                reliability of the movement of people and freight over 
                bridges; and
                    ``(C) improve the condition of bridges in the 
                United States by reducing--
                            ``(i) the number of bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at 
                                risk of falling into poor condition;
                            ``(ii) the total person miles traveled over 
                        bridges--
                                    ``(I) in poor condition; or
                                    ``(II) in fair condition and at 
                                risk of falling into poor condition;
                            ``(iii) the number of bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network; and
                            ``(iv) the total person miles traveled over 
                        bridges that--
                                    ``(I) do not meet current geometric 
                                design standards; or
                                    ``(II) cannot meet the load and 
                                traffic requirements typical of the 
                                regional transportation network.
            ``(2) Bridges on public roads.--
                    ``(A) Minimum bridge investment.--Excluding the 
                amounts described in subparagraph (C), of the total 
                funds apportioned to a State under paragraphs (1) and 
                (2) of section 104(b) for fiscal years 2022 to 2025, a 
                State shall obligate not less than 20 percent for 
                projects described in subparagraph (E).
                    ``(B) Program flexibility.--A State required to 
                obligate funds under subparagraph (A) may use any 
                combination of funds apportioned to a State under 
                paragraphs (1) and (2) of section 104(b).
                    ``(C) Limitation.--Amounts described below may not 
                be used for the purposes of calculating or meeting the 
                minimum bridge investment requirement under 
                subparagraph (A)--
                            ``(i) amounts described in section 
                        133(d)(1)(A);
                            ``(ii) amounts set aside under section 
                        133(h); and
                            ``(iii) amounts described in section 
                        505(a).
                    ``(D) Rule of construction.--Nothing in this 
                section shall be construed to prohibit the expenditure 
                of funds described in subparagraph (C) for bridge 
                projects eligible under such section.
                    ``(E) Eligible projects.--Funds required to be 
                obligated in accordance with paragraph (2)(A) may be 
                obligated for projects or activities that--
                            ``(i) are otherwise eligible under either 
                        section 119 or section 133, as applicable;
                            ``(ii) support the achievement of 
                        performance targets of the State established 
                        under section 150 or provide support for the 
                        condition and performance of bridges on public 
                        roads within the State; and
                            ``(iii) remove a bridge classified as in 
                        poor condition in order to improve community 
                        connectivity, or replace, reconstruct, 
                        rehabilitate, preserve, or protect a bridge 
                        included on the national bridge inventory 
                        authorized by subsection (b), including 
                        through--
                                    ``(I) seismic retrofits;
                                    ``(II) systematic preventive 
                                maintenance;
                                    ``(III) installation of scour 
                                countermeasures;
                                    ``(IV) the use of innovative 
                                materials that extend the service life 
                                of the bridge and reduce preservation 
                                costs, as compared to conventionally 
                                designed and constructed bridges;
                                    ``(V) the use of nontraditional 
                                production techniques, including 
                                factory prefabrication;
                                    ``(VI) painting for purposes of 
                                bridge protection;
                                    ``(VII) application of calcium 
                                magnesium acetate, sodium acetate/
                                formate, or other environmentally 
                                acceptable, minimally corrosive anti-
                                icing and deicing compositions;
                                    ``(VIII) corrosion control;
                                    ``(IX) construction of protective 
                                features (including natural 
                                infrastructure) alone or in combination 
                                with other activities eligible under 
                                this paragraph to enhance resilience of 
                                a bridge;
                                    ``(X) bridge security 
                                countermeasures;
                                    ``(XI) impact protection measures 
                                for bridges;
                                    ``(XII) inspection and evaluation 
                                of bridges; and
                                    ``(XIII) training for bridge 
                                inspectors consistent with subsection 
                                (i).
                    ``(F) Bundles of projects.--A State may use a 
                bundle of projects as described in subsection (j) to 
                satisfy the requirements of subparagraph (A), if each 
                project in the bundle is otherwise eligible under 
                subparagraph (E).
                    ``(G) Flexibility.--The Secretary may, at the 
                request of a State, reduce the required obligation 
                under subparagraph (A) if--
                            ``(i) the reduction is consistent with a 
                        State's asset management plan for the National 
                        Highway System;
                            ``(ii) the reduction will not limit a 
                        State's ability to meet its performance targets 
                        under section 150 or to improve the condition 
                        and performance of bridges on public roads 
                        within the State; and
                            ``(iii) the State demonstrates that it has 
                        inadequate needs to justify the expenditure.
                    ``(H) Bridge investment report.--The Secretary 
                shall annually publish on the website of the Department 
                of Transportation a bridge investment report that 
                includes--
                            ``(i) the total Federal funding obligated 
                        for bridge projects in the most recent fiscal 
                        year, on a State-by-State basis and broken out 
                        by Federal program;
                            ``(ii) the total Federal funding obligated, 
                        on a State-by-State basis and broken out by 
                        Federal program, for bridge projects carried 
                        out pursuant to the minimum bridge investment 
                        requirements under subparagraph (A);
                            ``(iii) the progress made by each State 
                        toward meeting the minimum bridge investment 
                        requirement under subparagraph (A) for such 
                        State, both cumulatively and for the most 
                        recent fiscal year;
                            ``(iv) a summary of--
                                    ``(I) each request made under 
                                subparagraph (G) by a State for a 
                                reduction in the minimum bridge 
                                investment requirement under 
                                subparagraph (A); and
                                    ``(II) for each request described 
                                in subclause (I) that is granted by the 
                                Secretary--
                                            ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                            ``(bb) an explanation of 
                                        how the State met each of the 
                                        criteria described in 
                                        subparagraph (G); and
                            ``(v) a summary of--
                                    ``(I) each request made by a State 
                                for a reduction in the obligation 
                                requirements under section 133(f); and
                                    ``(II) for each request that is 
                                granted by the Secretary--
                                            ``(aa) the percentage and 
                                        dollar amount of the reduction; 
                                        and
                                            ``(bb) an explanation of 
                                        how the Secretary made the 
                                        determination under section 
                                        133(f)(2)(B).
                    ``(I) Off-system bridges.--A State may apply 
                amounts obligated under this subsection or section 
                133(f)(2)(A) to the obligation requirements of both 
                this subsection and section 133(f).
                    ``(J) NHS penalty.--A State may apply amounts 
                obligated under this subsection or section 119(f)(2) to 
                the obligation requirements of both this subsection and 
                section 119(f)(2).
                    ``(K) Compliance.--If a State fails to satisfy the 
                requirements of subparagraph (A) by the end of fiscal 
                year 2025, the Secretary may subject the State to 
                appropriate program sanctions under section 1.36 of 
                title 23, Code of Federal Regulations (or successor 
                regulations).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
144 and inserting the following:

``144. Bridges and tunnels.''.

SEC. 1208. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.

    Section 147 of title 23, United States Code, is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsections (i) and (j) as subsections 
        (h) and (i), respectively.

SEC. 1209. HIGHWAY SAFETY IMPROVEMENT PROGRAM.

    (a) In General.--Section 148 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4)(B)--
                            (i) by striking ``only includes a project'' 
                        and inserting ``includes a project'';
                            (ii) in clause (xiii) by inserting ``, 
                        including the development of a vulnerable road 
                        user safety assessment or a vision zero plan 
                        under section 1601 of the INVEST in America 
                        Act'' after ``safety planning'';
                            (iii) by amending clause (xviii) to read as 
                        follows:
                            ``(xviii) Safe routes to school 
                        infrastructure-related projects eligible under 
                        section 211.'';
                            (iv) in clause (xxvi) by inserting ``or 
                        leading pedestrian intervals'' after ``hybrid 
                        beacons''; and
                            (v) by striking clause (xxviii) and 
                        inserting the following:
                            ``(xxviii) A pedestrian security feature 
                        designed to slow or stop a motor vehicle.
                            ``(xxix) Installation of infrastructure 
                        improvements, including sidewalks, crosswalks, 
                        signage, and bus stop shelters or protected 
                        waiting areas.'';
                    (B) in paragraph (11)--
                            (i) in subparagraph (A)--
                                    (I) in clause (ix) by striking 
                                ``and'' at the end;
                                    (II) by redesignating clause (x) as 
                                clause (xi); and
                                    (III) by inserting after clause 
                                (ix) the following:
                            ``(x) State or local representatives of 
                        educational agencies to address safe routes to 
                        school and schoolbus safety; and'';
                            (ii) in subparagraph (E) by inserting 
                        ``Tribal,'' after ``State,'';
                            (iii) by redesignating subparagraphs (G), 
                        (H), and (I) as subparagraphs (H), (I), and 
                        (J), respectively; and
                            (iv) by inserting after subparagraph (F) 
                        the following:
                    ``(G) includes a vulnerable road user safety 
                assessment described under paragraph (16);'';
                    (C) by redesignating paragraphs (10), (11), and 
                (12) as paragraphs (12), (13), and (14), respectively;
                    (D) by inserting after paragraph (9) the following:
            ``(10) Safe system approach.--The term `safe system 
        approach' means a roadway design that emphasizes minimizing the 
        risk of injury or fatality to road users and that--
                    ``(A) takes into consideration the possibility and 
                likelihood of human error;
                    ``(B) accommodates human injury tolerance by taking 
                into consideration likely crash types, resulting impact 
                forces, and the human body's ability to withstand such 
                forces; and
                    ``(C) takes into consideration vulnerable road 
                users.
            ``(11) Specified safety project.--
                    ``(A) In general.--The term `specified safety 
                project' means a project carried out for the purpose of 
                safety under any other section of this title that is 
                consistent with the State strategic highway safety 
                plan.
                    ``(B) Inclusion.--The term `specified safety 
                project' includes a project that--
                            ``(i) promotes public awareness and informs 
                        the public regarding highway safety matters 
                        (including safety for motorcyclists, 
                        bicyclists, pedestrians, individuals with 
                        disabilities, and other road users);
                            ``(ii) facilitates enforcement of traffic 
                        safety laws;
                            ``(iii) provides infrastructure and 
                        infrastructure-related equipment to support 
                        emergency services;
                            ``(iv) conducts safety-related research to 
                        evaluate experimental safety countermeasures or 
                        equipment; or
                            ``(v) supports safe routes to school 
                        noninfrastructure-related activities described 
                        under section 211(e)(2).''; and
                    (E) by adding at the end the following:
            ``(15) Vulnerable road user.--The term `vulnerable road 
        user' means a nonmotorist--
                    ``(A) with a fatality analysis reporting system 
                person attribute code that is included in the 
                definition of the term `number of non-motorized 
                fatalities' in section 490.205 of title 23, Code of 
                Federal Regulations (or successor regulation); or
                    ``(B) described in the term `number of non-
                motorized serious injuries' in such section.
            ``(16) Vulnerable road user safety assessment.--The term 
        `vulnerable road user safety assessment' means an assessment of 
        the safety performance of the State or a metropolitan planning 
        organization within the State with respect to vulnerable road 
        users and the plan of the State or metropolitan planning 
        organization to improve the safety of vulnerable road users 
        described in subsection (l).'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``(a)(11)'' and 
                inserting ``(a)(13)''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)(vi) by inserting 
                        ``, consistent with the vulnerable road user 
                        safety assessment'' after ``nonmotorized 
                        crashes'';
                            (ii) in subparagraph (B)(i)--
                                    (I) by inserting ``, consistent 
                                with a safe system approach,'' after 
                                ``identify'';
                                    (II) by inserting ``excessive 
                                design speeds and speed limits,'' after 
                                ``crossing needs,''; and
                                    (III) by striking ``motorists 
                                (including motorcyclists), bicyclists, 
                                pedestrians, and other highway users'' 
                                and inserting ``road users''; and
                            (iii) in subparagraph (D)(iii) by striking 
                        ``motorists (including motorcyclists), 
                        bicyclists, pedestrians, persons with 
                        disabilities, and other highway users'' and 
                        inserting ``road users'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by striking ``Not 
                        later than 1 year after the date of enactment 
                        of the MAP-21, the'' and inserting ``The''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (iv) by inserting 
                                ``and serious injury'' after 
                                ``fatality'';
                                    (II) in clause (vii) by striking 
                                ``; and'' and inserting a semicolon;
                                    (III) by redesignating clause 
                                (viii) as clause (ix); and
                                    (IV) by inserting after clause 
                                (vii) the following:
                            ``(viii) the findings of a vulnerable road 
                        user safety assessment of the State; and''; and
                    (B) in paragraph (2)(B)(i) by striking ``subsection 
                (a)(11)'' and inserting ``subsection (a)(13)'';
            (4) in subsection (e)--
                    (A) in paragraph (1)(C) by striking ``, without 
                regard to whether the project is included in an 
                applicable State strategic highway safety plan''; and
                    (B) by adding at the end the following:
            ``(3) Flexible funding for specified safety projects.--
                    ``(A) In general.--To advance the implementation of 
                a State strategic highway safety plan, a State may use 
                not more than 10 percent of the amounts apportioned to 
                the State under section 104(b)(3) for a fiscal year to 
                carry out specified safety projects.
                    ``(B) Rule of statutory construction.--Nothing in 
                this paragraph shall be construed to require a State to 
                revise any State process, plan, or program in effect on 
                the date of enactment of this paragraph.
                    ``(C) Effect of paragraph.--
                            ``(i) Requirements.--A project funded under 
                        this paragraph shall be subject to all 
                        requirements under this section that apply to a 
                        highway safety improvement project.
                            ``(ii) Other apportioned programs.--
                        Subparagraph (A) shall not apply to amounts 
                        that may be obligated for noninfrastructure 
                        projects apportioned under any other paragraph 
                        of section 104(b).'';
            (5) in subsection (g)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) High-risk rural road safety.--
                    ``(A) In general.--If a State determines that the 
                fatality rate on rural roads in such State for the most 
                recent 2-year period for which data are available 
                exceeds the median fatality rate for rural roads among 
                all States, that State shall be required to--
                            ``(i) obligate over the 2 fiscal years 
                        following the fiscal year in which such 
                        determination is made for projects on high-risk 
                        rural roads an amount not less than 7.5 percent 
                        of the amounts apportioned to the State under 
                        section 104(b)(3) for fiscal year 2020; and
                            ``(ii) include, in the subsequent update to 
                        the State strategic highway safety plan, 
                        strategies to reduce the fatality rate.
                    ``(B) Source of funds.--Any amounts obligated under 
                subparagraph (A) shall be from amounts described under 
                section 133(d)(1)(B).
                    ``(C) Annual determination.--The determination 
                described under subparagraph (A) shall be made on an 
                annual basis.
                    ``(D) Consultation.--In carrying out a project with 
                an amount obligated under subparagraph (A), a State 
                shall consult with, as applicable, local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations.'';
                    (B) in paragraph (2)--
                            (i) in the heading by striking ``drivers'' 
                        and inserting ``road users''; and
                            (ii) by striking ``address the increases 
                        in'' and inserting ``reduce''; and
                    (C) by adding at the end the following:
            ``(3) Vulnerable road user safety.--
                    ``(A) In general.--Beginning on the date of 
                enactment of the INVEST in America Act, if a State 
                determines that the number of vulnerable road user 
                fatalities and serious injuries per capita in such 
                State over the most recent 2-year period for which data 
                are available exceeds the median number of such 
                fatalities and serious injuries per capita among all 
                States, that State shall be required to obligate over 
                the 2 fiscal years following the fiscal year in which 
                such determination is made an amount that is not less 
                than 50 percent of the amount set aside in such State 
                under section 133(h)(1) for fiscal year 2020, less any 
                amounts obligated by a metropolitan planning 
                organization in the State as required by subparagraph 
                (D), for--
                            ``(i) in the first fiscal year--
                                    ``(I) performing the vulnerable 
                                user safety assessment as prescribed by 
                                subsection (l);
                                    ``(II) providing matching funds for 
                                transportation alternatives safety 
                                project as identified in section 
                                133(h)(7)(B); and
                                    ``(III) projects eligible under 
                                section 133(h)(3)(A), (B), (C), or (I); 
                                and
                            ``(ii) in each fiscal year thereafter, the 
                        program of projects identified in subsection 
                        (l)(2)(C).
                    ``(B) Source of funds.--Any amounts obligated under 
                subparagraph (A) shall be from amounts described in 
                section 133(d)(1)(B).
                    ``(C) Annual determination.--The determination 
                described under subparagraph (A) shall be made on an 
                annual basis.
                    ``(D) Metropolitan planning area with excessive 
                fatalities and serious injuries per capita.--
                            ``(i) Annual determination.--Beginning on 
                        the date of enactment of the INVEST in America 
                        Act, a metropolitan planning organization 
                        representing an urbanized area with a 
                        population greater than 200,000 shall annually 
                        determine the number of vulnerable user road 
                        fatalities and serious injuries per capita in 
                        such area over the most recent 2-year period.
                            ``(ii) Requirement to obligate funds.--If 
                        such a metropolitan planning area organization 
                        determines that the number of vulnerable user 
                        road fatalities and serious injuries per capita 
                        in such area over the most recent 2-year period 
                        for which data are available exceeds the median 
                        number of such fatalities and serious injuries 
                        among all urbanized areas with a population of 
                        over 200,000, then there shall be obligated 
                        over the 2 fiscal years following the fiscal 
                        year in which such determination is made an 
                        amount that is not less than 50 percent of the 
                        amount set aside for that urbanized area under 
                        section 133(h)(2) for fiscal year 2020 for 
                        projects identified in the program of projects 
                        described in subsection (l)(7)(C).
                    ``(E) Source of funds.--
                            ``(i) Metropolitan planning organization in 
                        state required to obligate funds.--For a 
                        metropolitan planning organization in a State 
                        required to obligate funds to vulnerable user 
                        safety under subparagraph (A), the State shall 
                        be required to obligate from such amounts 
                        required to be obligated for vulnerable road 
                        user safety under subparagraph (B) for projects 
                        described in subsection (l)(7).
                            ``(ii) Other metropolitan planning 
                        organizations.--For a metropolitan planning 
                        organization that is not located within a State 
                        required to obligate funds to vulnerable user 
                        safety under subparagraph (A), the State shall 
                        be required to obligate from amounts 
                        apportioned under section 104(b)(3) for 
                        projects described in subsection (l)(7).'';
            (6) in subsection (h)(1)(A) by inserting ``, including any 
        efforts to reduce vehicle speed'' after ``under this section''; 
        and
            (7) by adding at the end the following:
    ``(l) Vulnerable Road User Safety Assessment.--
            ``(1) In general.--Not later than 1 year after date of 
        enactment of the INVEST in America Act, each State shall create 
        a vulnerable road user safety assessment.
            ``(2) Contents.--A vulnerable road user safety assessment 
        required under paragraph (1) shall include--
                    ``(A) a description of the location within the 
                State of each vulnerable road user fatality and serious 
                injury and the design speed of the roadway at any such 
                location;
                    ``(B) a description of any corridors identified by 
                a State, in coordination with local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations that pose a high 
                risk of a vulnerable road user fatality or serious 
                injury and the design speeds of such corridors; and
                    ``(C) a program of projects or strategies to reduce 
                safety risks to vulnerable road users in corridors 
                identified under subparagraph (B), in coordination with 
                local governments, metropolitan planning organizations, 
                and regional transportation planning organizations that 
                represent a high-risk area identified under 
                subparagraph (B).
            ``(3) Analysis.--In creating a vulnerable road user safety 
        assessment under this subsection, a State shall assess the last 
        5 years of available data.
            ``(4) Requirements.--In creating a vulnerable road user 
        safety assessment under this subsection, a State shall--
                    ``(A) take into consideration a safe system 
                approach; and
                    ``(B) coordinate with local governments, 
                metropolitan planning organizations, and regional 
                transportation planning organizations that represent a 
                high-risk area identified under paragraph (2)(B).
            ``(5) Update.--A State shall update a vulnerable road user 
        safety assessment on the same schedule as the State updates the 
        State strategic highway safety plan.
            ``(6) Transportation system access.--The program of 
        projects developed under paragraph (2)(C) may not degrade 
        transportation system access for vulnerable road users.
            ``(7) Metropolitan planning area assessments.--A 
        metropolitan planning organization that represents an urbanized 
        area with a population greater than 200,000 shall complete a 
        vulnerable user safety assessment based on the most recent 5 
        years of available data, unless an assessment was completed in 
        the previous 5 years, including--
                    ``(A) a description of the location within the 
                urbanized area of each vulnerable road user fatality 
                and serious injury and the design speed of the roadway 
                at any such location;
                    ``(B) a description of any corridors that represent 
                a high-risk area identified under paragraph (2)(B) that 
                pose a high risk of a vulnerable road user fatality or 
                serious injury and the design speeds of such corridors; 
                and
                    ``(C) a program of projects or strategies to reduce 
                safety risks to vulnerable road users in corridors 
                identified under subparagraph (B).''.
    (b) Technical Amendment.--Section 148 of title 23, United States 
Code, is amended--
            (1) in the heading for subsection (a)(8) by striking ``Road 
        users'' and inserting ``Road user''; and
            (2) in subsection (i)(2)(D) by striking ``safety safety'' 
        and inserting ``safety''.
    (c) High-Risk Rural Roads.--
            (1) Study.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall 
        update the study described in paragraph (1) of section 1112(b) 
        of MAP-21 (23 U.S.C. 148 note).
            (2) Publication of report.--Not later than 2 years after 
        the date of enactment of this Act, the Secretary shall publish 
        on the website of the Department of Transportation an updated 
        report of the report described in paragraph (2) of section 
        1112(b) of MAP-21 (23 U.S.C. 148 note).
            (3) Best practices manual.--Not later than 180 days after 
        the date of submission of the report described in paragraph 
        (2), the Secretary shall update the best practices manual 
        described in section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note).

SEC. 1210. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.

    Section 149 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(A)(ii) by striking 
                ``subsection (h)'' and inserting ``subsection (i)'';
                    (B) in paragraph (7) by inserting ``shared 
                micromobility (including bikesharing and shared scooter 
                systems),'' after ``carsharing,'';
                    (C) in paragraph (8)(B) by striking ``; or'' and 
                inserting a semicolon;
                    (D) in paragraph (9) by striking the period and 
                inserting ``; or''; and
                    (E) by adding at the end the following:
            ``(10) if the project or program mitigates seasonal or 
        temporary traffic congestion from long-haul travel or 
        tourism.'';
            (2) in subsection (c)--
                    (A) in paragraph (2)--
                            (i) in the heading by inserting ``, 
                        hydrogen vehicle,'' after ``Electric vehicle'';
                            (ii) by inserting ``hydrogen or'' after 
                        ``charging stations or''; and
                            (iii) by inserting ``, hydrogen-powered,'' 
                        after ``battery powered''; and
                    (B) in paragraph (3) by inserting ``, and is 
                consistent with section 166'' after ``travel times''; 
                and
            (3) by striking subsection (m) and inserting the following:
    ``(m) Operating Assistance.--
            ``(1) Projects.--A State may obligate funds apportioned 
        under section 104(b)(4) in an area of such State that is 
        otherwise eligible for obligations of such funds for operating 
        costs under chapter 53 of title 49 or on a system for which 
        CMAQ funding was made available, obligated, or expended in 
        fiscal year 2012, or, notwithstanding subsection (b), on a 
        State-supported Amtrak route with a cost-sharing agreement 
        under section 209 of the Passenger Rail Investment and 
        Improvement Act of 2008 or alternative cost allocation under 
        section 24712(g)(3) of title 49.
            ``(2) Time limitation.--In determining the amount of time 
        for which a State may obligate funds under paragraph (1) for 
        operating assistance for an area of a State or on a system, the 
        Secretary shall allow such obligations to occur, in such area 
        or on such system--
                    ``(A) with a time limitation of not less than 3 
                years; and
                    ``(B) in the case of projects that demonstrate 
                continued net air quality benefits beyond 3 years, as 
                determined annually by the Secretary in consultation 
                with the Administrator of the Environmental Protection 
                Agency, with no imposed time limitation.''.

SEC. 1211. ELECTRIC VEHICLE CHARGING STATIONS.

    (a) Electric Vehicle Charging Stations.--Chapter 1 of title 23, 
United States Code, is amended by inserting after section 154 the 
following new section:
``Sec. 155. Electric vehicle charging stations
    ``(a) In General.--Any electric vehicle charging infrastructure 
funded under this title shall be subject to the requirements of this 
section.
    ``(b) Interoperability.--
            ``(1) In general.--Electric vehicle charging stations 
        funded under this title shall provide, at a minimum, two of the 
        following charging connector types at the location:
                    ``(A) CCS.
                    ``(B) CHAdeMO.
                    ``(C) An alternative connector that meets 
                applicable industry safety standards.
            ``(2) Savings clause.--Nothing in this subsection shall 
        prevent the use of charging types other than the connectors 
        described in paragraph (1) if, at a minimum, such connectors 
        meet applicable industry safety standards and are compatible 
        with a majority of electric vehicles in operation.
    ``(c) Open Access to Payment.--Electric vehicle charging stations 
shall provide payment methods available to all members of the public to 
ensure secure, convenient, and equal access and shall not be limited by 
membership to a particular payment provider.
    ``(d) Treatment of Projects.--Notwithstanding any other provision 
of law, any project to install electric vehicle charging infrastructure 
shall be treated as if the project is located on a Federal-aid 
highway.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 154 the following new item:

``155. Electric vehicle charging stations.''.
    (c) Electric Vehicle Charging Signage.--The Secretary of 
Transportation shall update the Manual on Uniform Traffic Control 
Devices to--
            (1) ensure uniformity in providing road users direction to 
        electric charging stations that are open to the public; and
            (2) allow the use of Specific Service signs for electric 
        vehicle charging station providers.
    (d) Agreements Relating to the Use and Access of Rights-of-Way of 
the Interstate System.--Section 111 of title 23, United States Code, is 
amended by adding at the end the following:
    ``(f) Interstate System Rights-of-Way.--
            ``(1) In general.--Notwithstanding subsection (a) or (b), 
        the Secretary shall permit, consistent with section 155, the 
        charging of electric vehicles on rights-of-way of the 
        Interstate System in--
                    ``(A) a rest area; or
                    ``(B) a fringe or corridor parking facility, 
                including a park and ride facility.
            ``(2) Savings clause.--Nothing in this subsection shall 
        permit commercial activities on rights-of-way of the Interstate 
        System, except as necessary for the charging of electric 
        vehicles in accordance with this subsection.''.

SEC. 1212. NATIONAL HIGHWAY FREIGHT PROGRAM.

    Section 167 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (6) by striking ``; and'' and 
                inserting a semicolon; and
                    (B) by striking paragraph (7) and inserting the 
                following:
            ``(7) to reduce the environmental impacts of freight 
        movement on the National Highway Freight Network, including--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution, including local 
                pollution derived from vehicles idling at railway 
                crossings;
                    ``(C) minimizing, capturing, or treating stormwater 
                runoff and addressing other adverse impacts to water 
                quality; and
                    ``(D) wildlife habitat loss; and
            ``(8) to decrease any adverse impact of freight 
        transportation on communities located near freight facilities 
        or freight corridors.'';
            (2) in subsection (e) by adding at the end the following:
            ``(3) Additional mileage.--Notwithstanding paragraph (2), a 
        State that has designated at least 90 percent of its maximum 
        mileage described in paragraph (2) may designate up to an 
        additional 150 miles of critical rural freight corridors.'';
            (3) in subsection (f) by adding at the end the following:
            ``(5) Additional mileage.--Notwithstanding paragraph (4), a 
        State that has designated at least 90 percent of its maximum 
        mileage described in paragraph (4) may designate up to an 
        additional 75 miles of critical urban freight corridors under 
        paragraphs (1) and (2).'';
            (4) in subsection (h) by striking ``Not later than'' and 
        all that follows through ``shall prepare'' and inserting ``As 
        part of the report required under section 503(b)(8), the 
        Administrator shall biennially prepare'';
            (5) in subsection (i)--
                    (A) by striking paragraphs (2) and (3);
                    (B) by amending paragraph (4) to read as follows:
            ``(4) Freight planning.--Notwithstanding any other 
        provision of law, a State may not obligate funds apportioned to 
        the State under section 104(b)(5) unless the State has 
        developed, updated, or amended, as applicable, a freight plan 
        in accordance with section 70202 of title 49.'';
                    (C) in paragraph (5)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Limitation.--The Federal share of a project 
                described in subparagraph (C)(xxiii) shall fund only 
                elements of such project that provide public 
                benefits.''; and
                            (ii) in subparagraph (C)--
                                    (I) in clause (iii) by inserting 
                                ``and freight management and operations 
                                systems'' after ``freight 
                                transportation systems''; and
                                    (II) by amending clause (xxiii) to 
                                read as follows:
                            ``(xxiii) Freight intermodal or freight 
                        rail projects, including--
                                    ``(I) projects within the 
                                boundaries of public or private freight 
                                rail or water facilities (including 
                                ports);
                                    ``(II) projects that provide 
                                surface transportation infrastructure 
                                necessary to facilitate direct 
                                intermodal interchange, transfer, and 
                                access into or out of the facility; and
                                    ``(III) any other surface 
                                transportation project to improve the 
                                flow of freight into or out of a 
                                facility described in subclause (I) or 
                                (II).'';
                    (D) in paragraph (6) by striking ``paragraph (5)'' 
                and inserting ``paragraph (3)''; and
                    (E) by redesignating paragraphs (4), (5), (6), and 
                (7) as paragraphs (2), (3), (4), and (5), respectively; 
                and
            (6) in subsection (k)(1)(A)(ii) by striking ``ports-of 
        entry'' and inserting ``ports-of-entry''.

SEC. 1213. CARBON POLLUTION REDUCTION.

    (a) In General.--Chapter 1 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 171. Carbon pollution reduction
    ``(a) Establishment.--The Secretary shall establish a carbon 
pollution reduction program to support the reduction of greenhouse gas 
emissions from the surface transportation system.
    ``(b) Eligible Projects.--A project is eligible for funding under 
this section if such project--
            ``(1) is expected to yield a significant reduction in 
        greenhouse gas emissions from the surface transportation 
        system;
            ``(2) will help a State meet the greenhouse gas emissions 
        performance targets established under section 150(c)(7); and
            ``(3) is--
                    ``(A) eligible for assistance under this title or 
                under chapter 53 of title 49; or
                    ``(B) a capital project, as such term is defined in 
                section 22906 of title 49, to improve intercity rail 
                passenger transportation, provided that the project 
                will yield a significant reduction in single occupant 
                vehicle trips and improve mobility on public roads.
    ``(c) Guidance.--The Secretary shall issue guidance on methods of 
determining the reduction of single occupant vehicle trips and 
improvement of mobility on public roads as those factors relate to 
intercity rail passenger transportation projects under subsection 
(b)(4).
    ``(d) Operating Expenses.--A State may use not more than 10 percent 
of the funds provided under section 104(b)(9) for the operating 
expenses of public transportation and passenger rail transportation 
projects.
    ``(e) Single-Occupancy Vehicle Highway Facilities.--None of the 
funds provided under this section may be used for a project that will 
result in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high occupancy vehicle 
facility and is consistent with section 166.
    ``(f) Evaluation.--
            ``(1) In general.--The Secretary shall annually evaluate 
        the progress of each State in carrying out the program under 
        this section by comparing the percent change in carbon dioxide 
        emissions per capita on public roads in the State calculated 
        as--
                    ``(A) the annual carbon dioxide emissions per 
                capita on public roads in the State for the most recent 
                year for which there is data; divided by
                    ``(B) the average annual carbon dioxide emissions 
                per capita on public roads in the State in calendar 
                years 2015 through 2019.
            ``(2) Measures.--In conducting the evaluation under 
        paragraph (1), the Secretary shall--
                    ``(A) prior to the effective date of the greenhouse 
                gas performance measures under section 150(c)(7), use 
                such data as are available, which may include data on 
                motor fuels usage published by the Federal Highway 
                Administration and information on emissions factors or 
                coefficients published by the Energy Information 
                Administration of the Department of Energy; and
                    ``(B) following the effective date of the 
                greenhouse gas performance measures under section 
                150(c)(7), use such measures.
    ``(g) Progress Report.--The Secretary shall annually issue a carbon 
pollution reduction progress report, to be made publicly available on 
the website of the Department of Transportation, that includes--
            ``(1) the results of the evaluation under subsection (f) 
        for each State; and
            ``(2) a ranking of all the States by the criteria under 
        subsection (f), with the States that, for the year covered by 
        such report, have the largest percentage reduction in annual 
        carbon dioxide emissions per capita on public roads being 
        ranked the highest.
    ``(h) High-Performing States.--
            ``(1) Designation.--For purposes of this section, each 
        State that is 1 of the 15 highest ranked States, as determined 
        under subsection (g)(2), and that achieves a reduction in 
        carbon dioxide emissions per capita on public roads, as 
        determined by the evaluation in subsection (f), shall be 
        designated as a high-performing State for the following fiscal 
        year.
            ``(2) Use of funds.--For each State that is designated as a 
        high-performing State under paragraph (1)--
                    ``(A) notwithstanding section 120, the State may 
                use funds made available under this title to pay the 
                non-Federal share of a project under this section 
                during any year for which such State is designated as a 
                high-performing State; and
                    ``(B) notwithstanding section 126, the State may 
                transfer up to 50 percent of funds apportioned under 
                section 104(b)(9) to the program under section 
                104(b)(2) in any year for which such State is 
                designated as a high-performing State.
            ``(3) Transfer.--For each State that is 1 of the 15 lowest 
        ranked States, as determined under subsection (g)(2), the 
        Secretary shall transfer 10 percent of the amount apportioned 
        to the State under section 104(b)(2) in the fiscal year 
        following the year in which the State is so ranked, not 
        including amounts set aside under section 133(d)(1)(A) and 
        under section 133(h) or 505(a), to the apportionment of the 
        State under section 104(b)(9).
            ``(4) Limitation.--The Secretary shall not conduct a 
        transfer under paragraph (3)--
                    ``(A) until the first fiscal year following the 
                effective date of greenhouse gas performance measures 
                under section 150(c)(7); and
                    ``(B) with respect to a State in any fiscal year 
                following the year in which such State achieves a 
                reduction in carbon dioxide emissions per capita on 
                public roads in such year as determined by the 
                evaluation under subsection (f).
    ``(i) Report.--Not later than 2 years after the date of enactment 
of this section and periodically thereafter, the Secretary, in 
consultation with the Administrator of the Environmental Protection 
Agency, shall issue a report--
            ``(1) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are expected to provide the most significant greenhouse gas 
        emissions reductions from the surface transportation sector; 
        and
            ``(2) detailing, based on the best available science, what 
        types of projects eligible for assistance under this section 
        are not expected to provide significant greenhouse gas 
        emissions reductions from the surface transportation sector.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``171. Carbon pollution reduction.''.
    (c) Applicability.--Subsection (b)(2) of section 171 of title 23, 
United States Code, as added by this section, shall apply to a State 
beginning on the first fiscal year following the fiscal year in which 
the State sets greenhouse gas performance targets under section 150(d) 
of title 23, United States Code.

SEC. 1214. RECREATIONAL TRAILS.

    Section 206 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State 
under section 104(b) that are obligated for recreational trails and 
related projects shall be administered as if such funds were made 
available for purposes described under this section.''.

SEC. 1215. SAFE ROUTES TO SCHOOL PROGRAM.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 210 the following:
``Sec. 211. Safe routes to school program
    ``(a) Program.--The Secretary shall carry out a safe routes to 
school program for the benefit of children in primary, middle, and high 
schools.
    ``(b) Purposes.--The purposes of the program shall be--
            ``(1) to enable and encourage children, including those 
        with disabilities, to walk and bicycle to school;
            ``(2) to make bicycling and walking to school a safer and 
        more appealing transportation alternative, thereby encouraging 
        a healthy and active lifestyle from an early age; and
            ``(3) to facilitate the planning, development, and 
        implementation of projects and activities that will improve 
        safety and reduce traffic, fuel consumption, and air pollution 
        in the vicinity of schools.
    ``(c) Use of Funds.--Amounts apportioned to a State under 
paragraphs (2) and (3) of section 104(b) may be used to carry out 
projects, programs, and other activities under this section.
    ``(d) Eligible Entities.--Projects, programs, and activities funded 
under this section may be carried out by eligible entities described 
under section 133(h)(4)(B) that demonstrate an ability to meet the 
requirements of this section.
    ``(e) Eligible Projects and Activities.--
            ``(1) Infrastructure-related projects.--
                    ``(A) In general.--A State may obligate funds under 
                this section for the planning, design, and construction 
                of infrastructure-related projects that will 
                substantially improve the ability of students to walk 
                and bicycle to school, including sidewalk improvements, 
                traffic calming and speed reduction improvements, 
                pedestrian and bicycle crossing improvements, on-street 
                bicycle facilities, off-street bicycle and pedestrian 
                facilities, secure bicycle parking facilities, and 
                traffic diversion improvements in the vicinity of 
                schools.
                    ``(B) Location of projects.--Infrastructure-related 
                projects under subparagraph (A) may be carried out on 
                any public road or any bicycle or pedestrian pathway or 
                trail in the vicinity of schools.
            ``(2) Noninfrastructure-related activities.--In addition to 
        projects described in paragraph (1), a State may obligate funds 
        under this section for noninfrastructure-related activities to 
        encourage walking and bicycling to school, including--
                    ``(A) public awareness campaigns and outreach to 
                press and community leaders;
                    ``(B) traffic education and enforcement in the 
                vicinity of schools;
                    ``(C) student sessions on bicycle and pedestrian 
                safety, health, and environment;
                    ``(D) programs that address personal safety; and
                    ``(E) funding for training, volunteers, and 
                managers of safe routes to school programs.
            ``(3) Safe routes to school coordinator.--Each State 
        receiving an apportionment under paragraphs (2) and (3) of 
        section 104(b) shall use a sufficient amount of the 
        apportionment to fund a full-time position of coordinator of 
        the State's safe routes to school program.
            ``(4) Rural school district outreach.--A coordinator 
        described in paragraph (3) shall conduct outreach to ensure 
        that rural school districts in the State are aware of such 
        State's safe routes to school program and any funds authorized 
        by this section.
    ``(f) Federal Share.--The Federal share of the cost of a project, 
program, or activity under this section shall be 100 percent.
    ``(g) Clearinghouse.--
            ``(1) In general.--The Secretary shall maintain a national 
        safe routes to school clearinghouse to--
                    ``(A) develop information and educational programs 
                on safe routes to school; and
                    ``(B) provide technical assistance and disseminate 
                techniques and strategies used for successful safe 
                routes to school programs.
            ``(2) Funding.--The Secretary shall carry out this 
        subsection using amounts authorized to be appropriated for 
        administrative expenses under section 104(a).
    ``(h) Treatment of Projects.--Notwithstanding any other provision 
of law, projects carried out under this section shall be treated as 
projects on a Federal-aid highway under chapter 1 of this title.
    ``(i) Definitions.--In this section, the following definitions 
apply:
            ``(1) In the vicinity of schools.--The term `in the 
        vicinity of schools' means, with respect to a school, the area 
        within bicycling and walking distance of the school 
        (approximately 2 miles).
            ``(2) Primary, middle, and high schools.--The term 
        `primary, middle, and high schools' means schools providing 
        education from kindergarten through twelfth grade.''.
    (b) Technical and Conforming Amendments.--
            (1) Repeal.--Section 1404 of SAFETEA-LU (Public Law 109-59; 
        119 Stat. 1228-1230), and the item relating to such section in 
        the table of contents in section 1(b) of such Act, are 
        repealed.
            (2) Analysis.--The analysis for chapter 2 of title 23, 
        United States Code, is amended by inserting after the item 
        relating to section 210 the following:

``211. Safe routes to school program.''.

SEC. 1216. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.

    Section 217 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) by striking ``104(b)(3)'' and inserting 
                ``104(b)(4)''; and
                    (B) by striking ``a position'' and inserting ``at 
                least one full-time positions'';
            (2) in subsection (e) by striking ``bicycles'' and 
        inserting ``pedestrians or bicyclists'' each place such term 
        appears; and
            (3) in subsection (j) by striking paragraph (2) and 
        inserting the following:
            ``(2) Electric bicycle.--The term `electric bicycle' means 
        mean a bicycle equipped with fully operable pedals, a saddle or 
        seat for the rider, and an electric motor of less than 750 
        watts that can safely share a bicycle transportation facility 
        with other users of such facility and meets the requirements of 
        one of the following three classes:
                    ``(A) Class 1 electric bicycle.--The term `class 1 
                electric bicycle' means an electric bicycle equipped 
                with a motor that provides assistance only when the 
                rider is pedaling, and that ceases to provide 
                assistance when the bicycle reaches the speed of 20 
                miles per hour.
                    ``(B) Class 2 electric bicycle.--The term `class 2 
                electric bicycle' means an electric bicycle equipped 
                with a motor that may be used exclusively to propel the 
                bicycle, and that is not capable of providing 
                assistance when the bicycle reaches the speed of 20 
                miles per hour.
                    ``(C) Class 3 electric bicycle.--The term `class 3 
                electric bicycle' means an electric bicycle equipped 
                with a motor that provides assistance only when the 
                rider is pedaling, and that ceases to provide 
                assistance when the bicycle reaches the speed of 28 
                miles per hour.''.

SEC. 1217. NOISE BARRIERS.

    (a) Permitting Use of Highway Trust Fund for Construction of 
Certain Noise Barriers.--Section 339(b)(1) of the National Highway 
System Designation Act of 1995 (23 U.S.C. 109 note) is amended to read 
as follows:
            ``(1) General rule.--No funds made available out of the 
        Highway Trust Fund may be used to construct a Type II noise 
        barrier (as defined by section 772.5(I) of title 23, Code of 
        Federal Regulations) pursuant to subsections (h) and (I) of 
        section 109 of title 23, United States Code, unless--
                    ``(A) such a barrier is part of a project approved 
                by the Secretary before November 28, 1995; or
                    ``(B) such a barrier separates a highway or other 
                noise corridor from a group of structures of which the 
                majority of those closest to the highway or noise 
                corridor--
                            ``(i) are residential in nature; and
                            ``(ii) either--
                                    ``(I) were constructed before the 
                                construction or most recent widening of 
                                the highway or noise corridor; or
                                    ``(II) are at least 10 years 
                                old.''.
    (b) Eligibility for Surface Transportation Block Grant Funds.--
Section 133 of title 23, United States Code, is amended--
            (1) in subsection (b) by adding at the end the following:
            ``(20) Planning, design, or construction of a Type II noise 
        barrier (as described in section 772.5 of title 23, Code of 
        Federal Regulations).''; and
            (2) in subsection (c)(2) by inserting ``and paragraph 
        (20)'' after ``(11)''.

                 Subtitle C--Project-Level Investments

SEC. 1301. PROJECTS OF NATIONAL AND REGIONAL SIGNIFICANCE.

    (a) In General.--Section 117 of title 23, United States Code, is 
amended to read as follows:
``Sec. 117. Projects of national and regional significance
    ``(a) Establishment.--The Secretary shall establish a projects of 
national and regional significance program under which the Secretary 
may make grants to, and establish multiyear grant agreements with, 
eligible entities in accordance with this section.
    ``(b) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, in such manner, and containing such information as the Secretary 
may require.
    ``(c) Grant Amounts and Project Costs.--
            ``(1) In general.--Each grant made under this section--
                    ``(A) shall be in an amount that is at least 
                $25,000,000; and
                    ``(B) shall be for a project that has eligible 
                project costs that are reasonably anticipated to equal 
                or exceed the lesser of--
                            ``(i) $100,000,000; or
                            ``(ii) in the case of a project--
                                    ``(I) located in 1 State or 
                                territory, 30 percent of the amount 
                                apportioned under this chapter to the 
                                State or territory in the most recently 
                                completed fiscal year; or
                                    ``(II) located in more than 1 State 
                                or territory, 50 percent of the amount 
                                apportioned under this chapter to the 
                                participating State or territory with 
                                the largest apportionment under this 
                                chapter in the most recently completed 
                                fiscal year.
            ``(2) Large projects.--For a project that has eligible 
        project costs that are reasonably anticipated to equal or 
        exceed $500,000,000, a grant made under this section--
                    ``(A) shall be in an amount sufficient to fully 
                fund the project, or in the case of a public 
                transportation project, a minimum operable segment, in 
                combination with other funding sources, including non-
                Federal financial commitment, identified in the 
                application; and
                    ``(B) may be awarded pursuant to the process under 
                subsection (d), as necessary based on the amount of the 
                grant.
    ``(d) Multiyear Grant Agreements for Large Projects.--
            ``(1) In general.--A large project that receives a grant 
        under this section may be carried out through a multiyear grant 
        agreement in accordance with this subsection.
            ``(2) Requirements.--A multiyear grant agreement for a 
        large project shall--
                    ``(A) establish the terms of participation by the 
                Federal Government in the project;
                    ``(B) establish the amount of Federal financial 
                assistance for the project;
                    ``(C) establish a schedule of anticipated Federal 
                obligations for the project that provides for 
                obligation of the full grant amount by not later than 4 
                fiscal years after the fiscal year in which the initial 
                amount is provided; and
                    ``(D) determine the period of time for completing 
                the project, even if such period extends beyond the 
                period of an authorization.
            ``(3) Special rules.--
                    ``(A) In general.--A multiyear grant agreement 
                under this subsection--
                            ``(i) shall obligate an amount of available 
                        budget authority specified in law; and
                            ``(ii) may include a commitment, contingent 
                        on amounts to be specified in law in advance 
                        for commitments under this paragraph, to 
                        obligate an additional amount from future 
                        available budget authority specified in law.
                    ``(B) Contingent commitment.--A contingent 
                commitment under this subsection is not an obligation 
                of the Federal Government under section 1501 of title 
                31.
                    ``(C) Interest and other financing costs.--
                            ``(i) In general.--Interest and other 
                        financing costs of carrying out a part of the 
                        project within a reasonable time shall be 
                        considered a cost of carrying out the project 
                        under a multiyear grant agreement, except that 
                        eligible costs may not be more than the cost of 
                        the most favorable financing terms reasonably 
                        available for the project at the time of 
                        borrowing.
                            ``(ii) Certification.--The applicant shall 
                        certify to the Secretary that the applicant has 
                        shown reasonable diligence in seeking the most 
                        favorable financing terms.
            ``(4) Advance payment.--An eligible entity carrying out a 
        large project under a multiyear grant agreement--
                    ``(A) may use funds made available to the eligible 
                entity under this title or title 49 for eligible 
                project costs of the large project; and
                    ``(B) shall be reimbursed, at the option of the 
                eligible entity, for such expenditures from the amount 
                made available under the multiyear grant agreement for 
                the project in that fiscal year or a subsequent fiscal 
                year.
    ``(e) Eligible Projects.--
            ``(1) In general.--The Secretary may make a grant under 
        this section only for a project that is a project eligible for 
        assistance under this title or chapter 53 of title 49 and is--
                    ``(A) a bridge project carried out on the National 
                Highway System, or that is eligible to be carried out 
                under section 165;
                    ``(B) a project to improve person throughput that 
                is--
                            ``(i) a highway project carried out on the 
                        National Highway System, or that is eligible to 
                        be carried out under section 165;
                            ``(ii) a public transportation project; or
                            ``(iii) a capital project, as such term is 
                        defined in section 22906 of title 49, to 
                        improve intercity rail passenger 
                        transportation; or
                    ``(C) a project to improve freight throughput that 
                is--
                            ``(i) a highway freight project carried out 
                        on the National Highway Freight Network 
                        established under section 167 or on the 
                        National Highway System;
                            ``(ii) a freight intermodal, freight rail, 
                        or railway-highway grade crossing or grade 
                        separation project; or
                            ``(iii) within the boundaries of a public 
                        or private freight rail, water (including 
                        ports), or intermodal facility and that is a 
                        surface transportation infrastructure project 
                        necessary to facilitate direct intermodal 
                        interchange, transfer, or access into or out of 
                        the facility.
            ``(2) Limitation.--
                    ``(A) Certain freight projects.--Projects described 
                in clauses (ii) and (iii) of paragraph (1)(C) may 
                receive a grant under this section only if--
                            ``(i) the project will make a significant 
                        improvement to the movement of freight on the 
                        National Highway System; and
                            ``(ii) the Federal share of the project 
                        funds only elements of the project that provide 
                        public benefits.
                    ``(B) Certain projects for person throughput.--
                Projects described in clauses (ii) and (iii) of 
                paragraph (1)(B) may receive a grant under this section 
                only if the project will make a significant improvement 
                in mobility on public roads.
    ``(f) Eligible Project Costs.--An eligible entity receiving a grant 
under this section may use such grant for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements directly related to 
        improving system performance.
    ``(g) Project Requirements.--The Secretary may select a project 
described under this section for funding under this section only if the 
Secretary determines that the project--
            ``(1) generates significant regional or national economic, 
        mobility, safety, resilience, or environmental benefits;
            ``(2) is cost effective;
            ``(3) is based on the results of preliminary engineering;
            ``(4) has secured or will secure acceptable levels of non-
        Federal financial commitments, including--
                    ``(A) one or more stable and dependable sources of 
                funding and financing to construct, maintain, and 
                operate the project; and
                    ``(B) contingency amounts to cover unanticipated 
                cost increases;
            ``(5) cannot be easily and efficiently completed without 
        additional Federal funding or financial assistance available to 
        the project sponsor, beyond existing Federal apportionments; 
        and
            ``(6) is reasonably expected to begin construction not 
        later than 18 months after the date of obligation of funds for 
        the project.
    ``(h) Merit Criteria and Considerations.--
            ``(1) Merit criteria.--In awarding a grant under this 
        section, the Secretary shall evaluate the following merit 
        criteria:
                    ``(A) The extent to which the project supports 
                achieving a state of good repair.
                    ``(B) The level of benefits the project is expected 
                to generate, including--
                            ``(i) the costs avoided by the prevention 
                        of closure or reduced use of the asset to be 
                        improved by the project;
                            ``(ii) reductions in maintenance costs over 
                        the life of the asset;
                            ``(iii) safety benefits, including the 
                        reduction of accidents and related costs;
                            ``(iv) improved person or freight 
                        throughput, including congestion reduction and 
                        reliability improvements;
                            ``(v) national and regional economic 
                        benefits;
                            ``(vi) resilience benefits;
                            ``(vii) environmental benefits, including 
                        reduction in greenhouse gas emissions and air 
                        quality benefits; and
                            ``(viii) benefits to all users of the 
                        project, including pedestrian, bicycle, 
                        nonvehicular, railroad, and public 
                        transportation users.
                    ``(C) How the benefits compare to the costs of the 
                project.
                    ``(D) The average number of people or volume of 
                freight, as applicable, supported by the project, 
                including visitors based on travel and tourism.
            ``(2) Additional considerations.--In awarding a grant under 
        this section, the Secretary shall also consider the following:
                    ``(A) Whether the project serves low-income 
                residents of low-income communities, including areas of 
                persistent poverty, while not displacing such 
                residents.
                    ``(B) Whether the project uses innovative 
                technologies, innovative design and construction 
                techniques, or pavement materials that demonstrate 
                reductions in greenhouse gas emissions through 
                sequestration or innovative manufacturing processes 
                and, if so, the degree to which such technologies, 
                techniques, or materials are used.
                    ``(C) Whether the project improves connectivity 
                between modes of transportation moving people or goods 
                in the Nation or region.
                    ``(D) Whether the project provides new or improved 
                connections between at least two metropolitan areas 
                with a population of at least 500,000.
                    ``(E) Whether the project would replace, 
                reconstruct, or rehabilitate a high-commuter corridor 
                (as such term is defined in section 203(a)(6)) that is 
                in poor condition.
    ``(i) Project Selection.--
            ``(1) Evaluation.--To evaluate applications for funding 
        under this section, the Secretary shall--
                    ``(A) determine whether a project is eligible for a 
                grant under this section;
                    ``(B) evaluate, through a methodology that is 
                discernible and transparent to the public, how each 
                application addresses the merit criteria pursuant to 
                subsection (h);
                    ``(C) assign a quality rating for each merit 
                criteria for each application based on the evaluation 
                in subparagraph (B);
                    ``(D) ensure that applications receive final 
                consideration by the Secretary to receive an award 
                under this section only on the basis of such quality 
                ratings and that the Secretary gives final 
                consideration only to applications that meet the 
                minimally acceptable level for each of the merit 
                criteria; and
                    ``(E) award grants only to projects rated highly 
                under the evaluation and rating process.
            ``(2) Considerations for large projects.--In awarding a 
        grant for a large project, the Secretary shall--
                    ``(A) consider the amount of funds available in 
                future fiscal years for the program under this section; 
                and
                    ``(B) assume the availability of funds in future 
                fiscal years for the program that extend beyond the 
                period of authorization based on the amount made 
                available for the program in the last fiscal year of 
                the period of authorization.
            ``(3) Geographic distribution.--In awarding grants under 
        this section, the Secretary shall ensure geographic diversity 
        and a balance between rural and urban communities among grant 
        recipients over fiscal years 2022 through 2025.
            ``(4) Publication of methodology.--
                    ``(A) In general.--Prior to the issuance of any 
                notice of funding opportunity for grants under this 
                section, the Secretary shall publish and make publicly 
                available on the Department's website--
                            ``(i) a detailed explanation of the merit 
                        criteria developed under subsection (h);
                            ``(ii) a description of the evaluation 
                        process under this subsection; and
                            ``(iii) how the Secretary shall determine 
                        whether a project satisfies each of the 
                        requirements under subsection (g).
                    ``(B) Updates.--The Secretary shall update and make 
                publicly available on the website of the Department of 
                Transportation such information at any time a revision 
                to the information described in subparagraph (A) is 
                made.
                    ``(C) Information required.--The Secretary shall 
                include in the published notice of funding opportunity 
                for a grant under this section detailed information on 
                the rating methodology and merit criteria to be used to 
                evaluate applications, or a reference to the 
                information on the website of the Department of 
                Transportation, as required by subparagraph (A).
    ``(j) Federal Share.--
            ``(1) In general.--The Federal share of the cost of a 
        project carried out with a grant under this section may not 
        exceed 60 percent.
            ``(2) Maximum federal involvement.--Federal assistance 
        other than a grant under this section may be used to satisfy 
        the non-Federal share of the cost of a project for which such a 
        grant is made, except that the total Federal assistance 
        provided for a project receiving a grant under this section may 
        not exceed 80 percent of the total project cost.
    ``(k) Treatment of Projects.--
            ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    ``(A) the requirements of this title to a highway 
                project;
                    ``(B) the requirements of chapter 53 of title 49 to 
                a public transportation project; and
                    ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
            ``(2) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            ``(i) determine the predominant modal 
                        component of the project; and
                            ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    ``(B) Exceptions.--
                            ``(i) Passenger or freight rail 
                        component.--For any passenger or freight rail 
                        component of a project, the requirements of 
                        section 22907(j)(2) of title 49 shall apply.
                            ``(ii) Public transportation component.--
                        For any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                    ``(C) Buy america.--In applying the Buy American 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                            ``(i) consider the various modal components 
                        of the project; and
                            ``(ii) seek to maximize domestic jobs.
            ``(3) Federal-aid highway requirements.--Notwithstanding 
        any other provision of this subsection, the Secretary shall 
        require recipients of grants under this section to comply with 
        subsection (a) of section 113 with respect to public 
        transportation projects, passenger rail projects, and freight 
        rail projects, in the same manner that recipients of grants are 
        required to comply with such subsection for construction work 
        performed on highway projects on Federal-aid highways.
    ``(l) TIFIA Program.--At the request of an eligible entity under 
this section, the Secretary may use amounts awarded to the entity to 
pay subsidy and administrative costs necessary to provide the entity 
Federal credit assistance under chapter 6 with respect to the project 
for which the grant was awarded.
    ``(m) Administration.--Of the amounts made available to carry out 
this section, the Secretary may use up to $5,000,000 for the costs of 
administering the program under this section.
    ``(n) Technical Assistance.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $5,000,000 to provide 
technical assistance to eligible entities.
    ``(o) Congressional Review.--
            ``(1) Notification.--Not less than 60 days before making an 
        award under this section, the Secretary shall submit to the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works, the Committee on Banking, Housing, and Urban Affairs, 
        and the Committee on Commerce, Science, and Transportation of 
        the Senate--
                    ``(A) a list of all applications determined to be 
                eligible for a grant by the Secretary;
                    ``(B) the quality ratings assigned to each 
                application pursuant to subsection (i);
                    ``(C) a list of applications that received final 
                consideration by the Secretary to receive an award 
                under this section;
                    ``(D) each application proposed to be selected for 
                a grant award;
                    ``(E) proposed grant amounts, including for each 
                new multiyear grant agreement, the proposed payout 
                schedule for the project; and
                    ``(F) an analysis of the impacts of any large 
                projects proposed to be selected on existing 
                commitments and anticipated funding levels for the next 
                4 fiscal years, based on information available to the 
                Secretary at the time of the report.
            ``(2) Committee review.--Before the last day of the 60-day 
        period described in paragraph (1), each Committee described in 
        paragraph (1) shall review the Secretary's list of proposed 
        projects.
            ``(3) Congressional disapproval.--The Secretary may not 
        make a grant or any other obligation or commitment to fund a 
        project under this section if a joint resolution is enacted 
        disapproving funding for the project before the last day of the 
        60-day period described in paragraph (1).
    ``(p) Transparency.--
            ``(1) In general.--Not later than 30 days after awarding a 
        grant for a project under this section, the Secretary shall 
        send to all applicants, and publish on the website of the 
        Department of Transportation--
                    ``(A) a summary of each application made to the 
                program for the grant application period; and
                    ``(B) the evaluation and justification for the 
                project selection, including ratings assigned to all 
                applications and a list of applications that received 
                final consideration by the Secretary to receive an 
                award under this section, for the grant application 
                period.
            ``(2) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant under this section, the 
        opportunity to receive a briefing to explain any reasons the 
        grant applicant was not awarded a grant.
    ``(q) Definitions.--In this section:
            ``(1) Areas of persistent poverty.--The term `areas of 
        persistent poverty' has the meaning given such term in section 
        172(l).
            ``(2) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State or a group of States;
                    ``(B) a unit of local government, including a 
                metropolitan planning organization, or a group of local 
                governments;
                    ``(C) a political subdivision of a State or local 
                government;
                    ``(D) a special purpose district or public 
                authority with a transportation function, including a 
                port authority;
                    ``(E) a Tribal government or a consortium of Tribal 
                governments;
                    ``(F) a Federal agency eligible to receive funds 
                under section 201, 203, or 204, including the Army 
                Corps of Engineers, Bureau of Reclamation, and the 
                Bureau of Land Management, that applies jointly with a 
                State or group of States;
                    ``(G) a territory; and
                    ``(H) a multistate or multijurisdictional group of 
                entities described in this paragraph.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by striking the item relating to section 
117 and inserting the following:

``117. Projects of national and regional significance.''.

SEC. 1302. COMMUNITY TRANSPORTATION INVESTMENT GRANT PROGRAM.

    (a) In General.--Chapter 1 of title 23, United States Code, as 
amended by this title, is further amended by adding at the end the 
following:
``Sec. 173. Community transportation investment grant program
    ``(a) Establishment.--The Secretary shall establish a community 
transportation investment grant program to improve surface 
transportation safety, state of good repair, accessibility, and 
environmental quality through infrastructure investments.
    ``(b) Grant Authority.--
            ``(1) In general.--In carrying out the program established 
        under subsection (a), the Secretary shall make grants, on a 
        competitive basis, to eligible entities in accordance with this 
        section.
            ``(2) Grant amount.--The maximum amount of a grant under 
        this section shall be $25,000,000.
    ``(c) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
may require.
    ``(d) Eligible Project Costs.--Grant amounts for an eligible 
project carried out under this section may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to such land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    ``(e) Rural and Community Setasides.--
            ``(1) In general.--The Secretary shall reserve--
                    ``(A) not less than 25 percent of the amounts made 
                available to carry out this section for projects 
                located in rural areas; and
                    ``(B) not less than 25 percent of the amounts made 
                available to carry out this section for projects 
                located in urbanized areas with a population greater 
                than 49,999 individuals and fewer than 200,001 
                individuals.
            ``(2) Definition of rural area.--In this subsection, the 
        term `rural area' means all areas of a State or territory not 
        included in urbanized areas.
            ``(3) Excess funding.--If the Secretary determines that 
        there are insufficient qualified applicants to use the funds 
        set aside under this subsection, the Secretary may use such 
        funds for grants for any projects eligible under this section.
    ``(f) Evaluation.--To evaluate applications under this section, the 
Secretary shall--
            ``(1) develop a process to objectively evaluate 
        applications on the benefits of the project proposed in such 
        application--
                    ``(A) to transportation safety, including 
                reductions in traffic fatalities and serious injuries;
                    ``(B) to state of good repair, including improved 
                condition of bridges and pavements;
                    ``(C) to transportation system access, including 
                improved access to jobs and services; and
                    ``(D) in reducing greenhouse gas emissions;
            ``(2) develop a rating system to assign a numeric value to 
        each application, based on each of the criteria described in 
        paragraph (1);
            ``(3) for each application submitted, compare the total 
        benefits of the proposed project, as determined by the rating 
        system developed under paragraph (2), with the costs of such 
        project, and rank each application based on the results of the 
        comparison; and
            ``(4) ensure that only such applications that are ranked 
        highly based on the results of the comparison conducted under 
        paragraph (3) are considered to receive a grant under this 
        section.
    ``(g) Weighting.--In establishing the evaluation process under 
subsection (f), the Secretary may assign different weights to the 
criteria described in subsection (f)(1) based on project type, 
population served by a project, and other context-sensitive 
considerations, provided that--
            ``(1) each application is rated on all criteria described 
        in subsection (f)(1); and
            ``(2) each application has the same possible minimum and 
        maximum rating, regardless of any differences in the weighting 
        of criteria.
    ``(h) Transparency.--
            ``(1) Publicly available information.--Prior to the 
        issuance of any notice of funding opportunity under this 
        section, the Secretary shall make publicly available on the 
        website of the Department of Transportation a detailed 
        explanation of the evaluation and rating process developed 
        under subsection (f), including any differences in the 
        weighting of criteria pursuant to subsection (g), if 
        applicable, and update such website for each revision of the 
        evaluation and rating process.
            ``(2) Notifications to congress.--The Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives, the Committee on Environment and 
        Public Works of the Senate, the Committee on Banking, Housing, 
        and Urban Affairs of the Senate, and the Committee on Commerce, 
        Science, and Transportation of the Senate the following written 
        notifications:
                    ``(A) A notification when the Secretary publishes 
                or updates the information required under paragraph 
                (1).
                    ``(B) Not later than 30 days prior to the date on 
                which the Secretary awards a grant under this section, 
                a notification that includes--
                            ``(i) the ratings of each application 
                        submitted pursuant to subsection (f)(2);
                            ``(ii) the ranking of each application 
                        submitted pursuant to subsection (f)(3); and
                            ``(iii) a list of all applications that 
                        receive final consideration by the Secretary to 
                        receive an award under this section pursuant to 
                        subsection (f)(4).
                    ``(C) Not later than 3 business days prior to the 
                date on which the Secretary announces the award of a 
                grant under this section, a notification describing 
                each grant to be awarded, including the amount and the 
                recipient.
    ``(i) Technical Assistance.--Of the amounts made available to carry 
out this section, the Secretary may reserve up to $3,000,000 to provide 
technical assistance to eligible entities.
    ``(j) Administration.--Of the amounts made available to carry out 
this section, the Secretary may reserve up to $5,000,000 for the 
administrative costs of carrying out the program under this section.
    ``(k) Treatment of Projects.--
            ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    ``(A) the requirements of this title to a highway 
                project;
                    ``(B) the requirements of chapter 53 of title 49 to 
                a public transportation project; and
                    ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
            ``(2) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            ``(i) determine the predominant modal 
                        component of the project; and
                            ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    ``(B) Exceptions.--
                            ``(i) Passenger or freight rail 
                        component.--For any passenger or freight rail 
                        component of a project, the requirements of 
                        section 22907(j)(2) of title 49 shall apply.
                            ``(ii) Public transportation component.--
                        For any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                    ``(C) Buy america.--In applying the Buy American 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                            ``(i) consider the various modal components 
                        of the project; and
                            ``(ii) seek to maximize domestic jobs.
            ``(3) Federal-aid highway requirements.--Notwithstanding 
        any other provision of this subsection, the Secretary shall 
        require recipients of grants under this section to comply with 
        subsection (a) of section 113 with respect to public 
        transportation projects, passenger rail projects, and freight 
        rail projects, in the same manner that recipients of grants are 
        required to comply with such subsection for construction work 
        performed on highway projects on Federal-aid highways.
    ``(l) Transparency.--
            ``(1) In general.--Not later than 30 days after awarding a 
        grant for a project under this section, the Secretary shall 
        send to all applicants, and publish on the website of the 
        Department of Transportation--
                    ``(A) a summary of each application made to the 
                program for the grant application period; and
                    ``(B) the evaluation and justification for the 
                project selection, including ratings and rankings 
                assigned to all applications and a list of applications 
                that received final consideration by the Secretary to 
                receive an award under this section, for the grant 
                application period.
            ``(2) Briefing.--The Secretary shall provide, at the 
        request of a grant applicant under this section, the 
        opportunity to receive a briefing to explain any reasons the 
        grant applicant was not awarded a grant.
    ``(m) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a metropolitan planning organization;
                    ``(B) a unit of local government;
                    ``(C) a transit agency;
                    ``(D) a Tribal Government or a consortium of Tribal 
                governments;
                    ``(E) a multijurisdictional group of entities 
                described in this paragraph;
                    ``(F) a special purpose district with a 
                transportation function or a port authority;
                    ``(G) a territory; or
                    ``(H) a State that applies for a grant under this 
                section jointly with an entity described in 
                subparagraphs (A) through (G).
            ``(2) Eligible project.--The term `eligible project' means 
        any project eligible under this title or chapter 53 of title 
        49.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is further amended by adding at the end the 
following new item:

``173. Community transportation investment grant program.''.

SEC. 1303. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE TO MODERNIZE 
              AND RECONNECT AMERICA FOR THE 21ST CENTURY.

    (a) Purpose.--The purpose of this section is to establish a grant 
program to strategically deploy electric vehicle charging 
infrastructure, natural gas fueling, propane fueling, and hydrogen 
fueling infrastructure along designated alternative fuel corridors that 
will be accessible to all drivers of electric vehicles, natural gas 
vehicles, propane vehicles, and hydrogen vehicles.
    (b) Grant Program.--Section 151 of title 23, United States Code, is 
amended--
            (1) in subsection (a) by striking ``Not later than 1 year 
        after the date of enactment of the FAST Act, the Secretary 
        shall'' and inserting ``The Secretary shall periodically'';
            (2) in subsection (b)(2) by inserting ``previously 
        designated by the Federal Highway Administration or'' after 
        ``fueling corridors'';
            (3) in subsection (d)--
                    (A) by striking ``5 years after the date of 
                establishment of the corridors under subsection (a), 
                and every 5 years thereafter'' and inserting ``180 days 
                after the date of enactment of the INVEST in America 
                Act''; and
                    (B) by inserting ``establish a recurring process to 
                regularly'' after ``the Secretary shall'';
            (4) in subsection (e)--
                    (A) in paragraph (1) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (2)--
                            (i) by striking ``establishes an 
                        aspirational goal of achieving'' and inserting 
                        ``describes efforts to achieve''; and
                            (ii) by striking ``by the end of fiscal 
                        year 2020.'' and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) summarizes best practices and provides guidance, 
        developed through consultation with the Secretary of Energy, 
        for project development of electric vehicle charging 
        infrastructure, hydrogen fueling infrastructure, and natural 
        gas fueling infrastructure at the State, tribal, and local 
        level to allow for the predictable deployment of such 
        infrastructure; and
            ``(4) summarizes the progress and implementation of the 
        grant program under subsection (f), including--
                    ``(A) a description of how funds awarded through 
                the grant program under subsection (f) will aid efforts 
                to achieve strategic deployment of electric vehicle 
                charging infrastructure, natural gas fueling, propane 
                fueling, and hydrogen fueling infrastructure in those 
                corridors;
                    ``(B) the total number and location of charging and 
                fueling stations installed under subsection (f); and
                    ``(C) the total estimated greenhouse gas emissions 
                that have been reduced through the use of electric 
                vehicle charging, natural gas fueling, propane fueling, 
                or hydrogen fueling infrastructure funded under 
                subsection (f) using the methodology identified in 
                paragraph (3)(B).''; and
            (5) by adding at the end the following:
    ``(f) Electric Vehicle Charging, Natural Gas Fueling, Propane 
Fueling, and Hydrogen Fueling Infrastructure Grants.--
            ``(1) Establishment.--Not later than 1 year after the date 
        of enactment of the INVEST in America Act, the Secretary shall 
        establish a grant program to award grants to eligible entities 
        for electric vehicle charging, natural gas fueling, propane 
        fueling, and hydrogen fueling infrastructure projects.
            ``(2) Eligible entity.--An entity eligible to receive a 
        grant under this subsection is--
                    ``(A) a State (as such term is defined in section 
                401) or political subdivision of a State;
                    ``(B) a metropolitan planning organization;
                    ``(C) a unit of local government;
                    ``(D) a special purpose district or public 
                authority with a transportation function, including a 
                port authority;
                    ``(E) a Tribal government;
                    ``(F) an authority, agency, or instrumentality of, 
                or an entity owned by, one or more of the entities 
                described in subparagraphs (A) through (E); or
                    ``(G) a group of entities described in 
                subparagraphs (A) through (F).
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an eligible entity shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary shall require, 
        including--
                    ``(A) a description of--
                            ``(i) the public accessibility of the 
                        charging or fueling infrastructure proposed to 
                        be funded with a grant under this subsection, 
                        including--
                                    ``(I) charging or fueling connector 
                                types;
                                    ``(II) publicly available 
                                information on real-time availability; 
                                and
                                    ``(III) payment methods available 
                                to all members of the public to ensure 
                                secure, convenient, fair, and equal 
                                access and not limited by membership to 
                                a particular provider;
                            ``(ii) collaborative engagement with the 
                        entity with jurisdiction over the roadway and 
                        any other relevant stakeholders (including 
                        automobile manufacturers, utilities, 
                        infrastructure providers, technology providers, 
                        electric charging, natural gas, propane, and 
                        hydrogen fuel providers, metropolitan planning 
                        organizations, States, Indian Tribes, units of 
                        local government, fleet owners, fleet managers, 
                        fuel station owners and operators, labor 
                        organizations, environmental and environmental 
                        justice organizations, infrastructure 
                        construction and component parts suppliers, and 
                        multistate and regional entities)--
                                    ``(I) to foster enhanced, 
                                coordinated, public-private or private 
                                investment in electric vehicle 
                                charging, natural gas fueling, propane 
                                fueling, and hydrogen fueling 
                                infrastructure;
                                    ``(II) to expand deployment of 
                                electric vehicle charging, natural gas 
                                fueling, propane fueling, or hydrogen 
                                fueling infrastructure;
                                    ``(III) to protect personal privacy 
                                and ensure cybersecurity; and
                                    ``(IV) to ensure that a properly 
                                trained workforce is available to 
                                construct and install electric vehicle 
                                charging, natural gas fueling, propane 
                                fueling, or hydrogen fueling 
                                infrastructure;
                            ``(iii) the location of the station or 
                        fueling site, including consideration of--
                                    ``(I) the availability of onsite 
                                amenities for vehicle operators, 
                                including restrooms or food facilities;
                                    ``(II) access in compliance with 
                                the Americans with Disabilities Act of 
                                1990 (42 U.S.C. 12101 et seq.);
                                    ``(III) height and fueling capacity 
                                requirements for facilities that charge 
                                or refuel large vehicles, including 
                                semitrailer trucks; and
                                    ``(IV) appropriate distribution to 
                                avoid redundancy and fill charging or 
                                fueling gaps;
                            ``(iv) infrastructure installation that can 
                        be responsive to technology advancements, 
                        including accommodating autonomous vehicles and 
                        future charging methods;
                            ``(v) the long-term operation and 
                        maintenance of the electric vehicle charging or 
                        hydrogen fueling infrastructure to avoid 
                        stranded assets and protect the investment of 
                        public funds in such infrastructure; and
                            ``(vi) in the case of an applicant that is 
                        not a State department of transportation, the 
                        degree of coordination with the applicable 
                        State department of transportation; and
                    ``(B) an assessment of the estimated greenhouse gas 
                emissions and air pollution from vehicle emissions that 
                will be reduced through the use of electric vehicle 
                charging, natural gas fueling, propane fueling, or 
                hydrogen fueling infrastructure, which shall be 
                conducted using one standardized methodology or tool as 
                determined by the Secretary.
            ``(4) Considerations.--In selecting eligible entities to 
        receive a grant under this subsection, the Secretary shall--
                    ``(A) consider the extent to which the application 
                of the eligible entity would--
                            ``(i) reduce estimated greenhouse gas 
                        emissions and air pollution from vehicle 
                        emissions, weighted by the total Federal 
                        investment in the project;
                            ``(ii) improve alternative fueling corridor 
                        networks by--
                                    ``(I) converting corridor-pending 
                                corridors to corridor-ready corridors; 
                                or
                                    ``(II) in the case of corridor-
                                ready corridors, providing additional 
                                capacity--
                                            ``(aa) to meet excess 
                                        demand for charging or fueling 
                                        infrastructure;
                                            ``(bb) to reduce congestion 
                                        at existing charging or fueling 
                                        infrastructure in high-traffic 
                                        locations; or
                                            ``(cc) to provide charging 
                                        stations that support charging 
                                        needs for current and future 
                                        vehicles and minimize future 
                                        upgrade costs;
                            ``(iii) meet current or anticipated market 
                        demands for charging or fueling infrastructure, 
                        including faster charging speeds;
                            ``(iv) enable or accelerate the 
                        construction of charging or fueling 
                        infrastructure that would be unlikely to be 
                        completed without Federal assistance;
                            ``(v) support a long-term competitive 
                        market for electric vehicle charging 
                        infrastructure, natural gas fueling, propane 
                        fueling, or hydrogen fueling infrastructure 
                        that does not significantly impair existing 
                        electric vehicle charging or hydrogen fueling 
                        infrastructure providers;
                            ``(vi) reduce greenhouse gas emissions in 
                        established goods-movement corridors, locations 
                        serving first- and last-mile freight near ports 
                        and freight hubs, and locations that optimize 
                        infrastructure networks and reduce hazardous 
                        air pollutants in communities 
                        disproportionately impacted by such pollutants;
                            ``(vii) plans for the use of renewable 
                        energy sources or zero emissions energy sources 
                        for the charging or fueling infrastructure; and
                            ``(viii) provide publicly available 
                        electric vehicle charging placement and 
                        construction in communities in which climate 
                        change, pollution, or environmental destruction 
                        have exacerbated systemic racial, regional, 
                        social, environmental, and economic injustices 
                        by disproportionately affecting indigenous 
                        peoples, communities of color, migrant 
                        communities, deindustrialized communities, 
                        depopulated rural communities, the poor low 
                        income workers, women, the elderly, the 
                        unhoused, individuals with disabilities, or 
                        youth; and
                    ``(B) ensure, to the maximum extent practicable, 
                geographic diversity among grant recipients to ensure 
                that electric vehicle charging infrastructure or 
                hydrogen fueling infrastructure is available throughout 
                the United States.
            ``(5) Use of funds.--
                    ``(A) In general.--Any grant made under this 
                subsection shall be--
                            ``(i) directly related to the charging or 
                        fueling of a vehicle; and
                            ``(ii) only for charging or fueling 
                        infrastructure that is open to the general 
                        public.
                    ``(B) Location of infrastructure.--
                            ``(i) In general.--Any electric vehicle 
                        charging, natural gas fueling, propane fueling, 
                        or hydrogen fueling infrastructure acquired and 
                        installed with a grant under this subsection 
                        shall be located along an alternative fuel 
                        corridor designated under this section or by a 
                        State or group of States.
                            ``(ii) Exception.--Notwithstanding clause 
                        (i), the Secretary may make a grant for 
                        electric vehicle charging or hydrogen fueling 
                        infrastructure not on a designated alternative 
                        fuel corridor if the applicant demonstrates 
                        that the proposed charging or fueling 
                        infrastructure would expand deployment of 
                        electric vehicle charging or hydrogen fueling 
                        to a greater number of users than investments 
                        on such corridor.
                    ``(C) Operating assistance.--
                            ``(i) In general.--Subject to clauses (ii) 
                        and (iii), an eligible entity that receives a 
                        grant under this subsection may use a portion 
                        of the funds for operating assistance for the 
                        first 5 years of operations after the 
                        installation of electric vehicle charging, 
                        natural gas fueling, propane fueling, or 
                        hydrogen fueling infrastructure while the 
                        facility transitions to independent system 
                        operations.
                            ``(ii) Inclusion.--Operating assistance 
                        under this subparagraph shall be limited to 
                        costs allocable to operating and maintaining 
                        the electric vehicle charging, natural gas 
                        fueling, propane fueling, or hydrogen fueling 
                        infrastructure and service.
                            ``(iii) Limitation.--Operating assistance 
                        under this subparagraph may not exceed the 
                        amount of a contract under subparagraph (A) to 
                        acquire and install electric vehicle charging, 
                        natural gas fueling, propane fueling, or 
                        hydrogen fueling infrastructure.
                    ``(D) Signs.--
                            ``(i) In general.--Subject to this 
                        paragraph and paragraph (6)(B), an eligible 
                        entity that receives a grant under this 
                        subsection may use a portion of the funds to 
                        acquire and install--
                                    ``(I) traffic control devices 
                                located in the right-of-way to provide 
                                directional information to electric 
                                vehicle charging, natural gas fueling, 
                                propane fueling, or hydrogen fueling 
                                infrastructure acquired, installed, or 
                                operated with the grant under this 
                                subsection; and
                                    ``(II) on-premises signs to provide 
                                information about electric vehicle 
                                charging, natural gas fueling, propane 
                                fueling, or hydrogen fueling 
                                infrastructure acquired, installed, or 
                                operated with a grant under this 
                                subsection.
                            ``(ii) Requirement.--Any traffic control 
                        device or on-premises sign acquired, installed, 
                        or operated with a grant under this subsection 
                        shall comply with the Manual on Uniform Traffic 
                        Control Devices, if located in the highway 
                        right-of-way.
                    ``(E) Revenue.--An eligible entity receiving a 
                grant under this subsection and a private entity 
                referred to in subparagraph (F) may enter into a cost-
                sharing agreement under which the private entity 
                submits to the eligible entity a portion of the revenue 
                from the electric vehicle charging, natural gas 
                fueling, propane fueling, or hydrogen fueling 
                infrastructure.
                    ``(F) Private entity.--
                            ``(i) In general.--An eligible entity 
                        receiving a grant under this subsection may use 
                        the funds in accordance with this paragraph to 
                        contract with a private entity for 
                        installation, operation, or maintenance of 
                        electric vehicle charging, natural gas fueling, 
                        propane fueling, or hydrogen fueling 
                        infrastructure.
                            ``(ii) Inclusion.--An eligible private 
                        entity includes privately, publicly, or 
                        cooperatively owned utilities, private electric 
                        vehicle service equipment and hydrogen fueling 
                        infrastructure providers, and retail fuel 
                        stations.
            ``(6) Project requirements.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, any project funded by a grant under 
                this subsection shall be treated as a project on a 
                Federal-aid highway.
                    ``(B) Electric vehicle charging projects.--A 
                project for electric vehicle charging infrastructure 
                funded by a grant under this subsection shall be 
                subject to the requirements of section 155.
            ``(7) Federal share.--The Federal share of the cost of a 
        project carried out with a grant under this subsection shall 
        not exceed 80 percent of the total project cost.
            ``(8) Study by the national academies.--
                    ``(A) In general.--The Secretary shall seek to 
                enter into an agreement with the National Academies for 
                the Transportation Research Board of the National 
                Academy of Sciences shall--
                            ``(i) conduct a study on options for 
                        financing the placement of a national network 
                        of publicly available EV charging 
                        infrastructure along all eligible roads on the 
                        National Highway System that includes 
                        consideration of financial instruments and 
                        optimization of public-private partnerships; 
                        and
                            ``(ii) conduct a study to determine the 
                        maximum distance allowable between publicly 
                        available EV charging infrastructure, such 
                        that--
                                    ``(I) a driver starting at any 
                                point along an eligible road on the 
                                National Highway System within the 
                                continental United States can drive to 
                                any other point along an eligible road 
                                on the National Highway System without 
                                running out of a charging power; and
                                    ``(II) a driver starting at any 
                                point along an eligible road on the 
                                National Highway System within Hawaii, 
                                Alaska, or Puerto Rico can drive to any 
                                other point along an eligible road on 
                                the National Highway System within that 
                                same state or territory without running 
                                out of charging power.
                    ``(B) Submission to congress.--Not later than 2 
                years after the date of enactment of this subsection, 
                the Secretary shall submit to Congress the results of 
                the studies commissioned under subparagraph (A).''.

SEC. 1304. COMMUNITY CLIMATE INNOVATION GRANTS.

    (a) In General.--Chapter 1 of title 23, United States Code, as 
amended by this title, is further amended by inserting after section 
171 the following:
``Sec. 172. Community climate innovation grants
    ``(a) Establishment.--The Secretary shall establish a community 
climate innovation grant program (in this section referred to as the 
`Program') to make grants, on a competitive basis, for locally selected 
projects that reduce greenhouse gas emissions while improving the 
mobility, accessibility, and connectivity of the surface transportation 
system.
    ``(b) Purpose.--The purpose of the Program shall be to support 
communities in reducing greenhouse gas emissions from the surface 
transportation system.
    ``(c) Eligible Applicants.--The Secretary may make grants under the 
Program to the following entities:
            ``(1) A metropolitan planning organization.
            ``(2) A unit of local government or a group of local 
        governments, or a county or multi-county special district.
            ``(3) A subdivision of a local government.
            ``(4) A transit agency.
            ``(5) A special purpose district with a transportation 
        function or a port authority.
            ``(6) A Tribal government or a consortium of tribal 
        governments.
            ``(7) A territory.
            ``(8) A multijurisdictional group of entities described in 
        paragraphs (1) through (7).
    ``(d) Applications.--To be eligible for a grant under the Program, 
an entity specified in subsection (c) shall submit to the Secretary an 
application in such form, at such time, and containing such information 
as the Secretary determines appropriate.
    ``(e) Eligible Projects.--The Secretary may only provide a grant 
under the Program for a project that is expected to yield a significant 
reduction in greenhouse gas emissions from the surface transportation 
system and--
            ``(1) is a project eligible for assistance under this title 
        or under chapter 53 of title 49 or supports fueling 
        infrastructure for fuels defined under section 9001(5) of the 
        Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
        8101(5)); or
            ``(2) is a capital project as defined in section 22906 of 
        title 49 to improve intercity passenger rail that will yield a 
        significant reduction in single occupant vehicle trips and 
        improve mobility on public roads.
    ``(f) Eligible Uses.--Grant amounts received for a project under 
the Program may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    ``(g) Project Prioritization.--In making grants for projects under 
the Program, the Secretary shall give priority to projects that are 
expected to yield the most significant reductions in greenhouse gas 
emissions from the surface transportation system.
    ``(h) Additional Considerations.--In making grants for projects 
under the Program, the Secretary shall consider the extent to which--
            ``(1) a project maximizes greenhouse gas reductions in a 
        cost-effective manner;
            ``(2) a project reduces dependence on single-occupant 
        vehicle trips or provides additional transportation options;
            ``(3) a project improves the connectivity and accessibility 
        of the surface transportation system, particularly to low- and 
        zero-emission forms of transportation, including public 
        transportation, walking, and bicycling;
            ``(4) an applicant has adequately considered or will 
        adequately consider, including through the opportunity for 
        public comment, the environmental justice and equity impacts of 
        the project;
            ``(5) a project contributes to geographic diversity among 
        grant recipients, including to achieve a balance between urban, 
        suburban, and rural communities;
            ``(6) a project serves low-income residents of low-income 
        communities, including areas of persistent poverty, while not 
        displacing such residents;
            ``(7) a project uses pavement materials that demonstrate 
        reductions in greenhouse gas emissions through sequestration or 
        innovative manufacturing processes;
            ``(8) a project repurposes neglected or underused 
        infrastructure, including abandoned highways, bridges, 
        railways, trail ways, and adjacent underused spaces, into new 
        hybrid forms of public space that support multiple modes of 
        transportation; and
            ``(9) a project includes regional multimodal transportation 
        system management and operations elements that will improve the 
        effectiveness of such project and encourage reduction of single 
        occupancy trips by providing the ability of users to plan, use, 
        and pay for multimodal transportation alternatives.
    ``(i) Funding.--
            ``(1) Maximum amount.--The maximum amount of a grant under 
        the Program shall be $25,000,000.
            ``(2) Technical assistance.--Of the amounts made available 
        to carry out the Program, the Secretary may use up to 1 percent 
        to provide technical assistance to applicants and potential 
        applicants.
    ``(j) Treatment of Projects.--
            ``(1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    ``(A) the requirements of this title to a highway 
                project;
                    ``(B) the requirements of chapter 53 of title 49 to 
                a public transportation project; and
                    ``(C) the requirements of section 22905 of title 49 
                to a passenger rail or freight rail project.
            ``(2) Multimodal projects.--
                    ``(A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            ``(i) determine the predominant modal 
                        component of the project; and
                            ``(ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    ``(B) Exceptions.--
                            ``(i) Passenger or freight rail 
                        component.--For any passenger or freight rail 
                        component of a project, the requirements of 
                        section 22907(j)(2) of title 49 shall apply.
                            ``(ii) Public transportation component.--
                        For any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49 shall apply.
                    ``(C) Buy america.--In applying the Buy American 
                requirements under section 313 of this title and 
                sections 5320, 22905(a), and 24305(f) of title 49 to a 
                multimodal project under this paragraph, the Secretary 
                shall--
                            ``(i) consider the various modal components 
                        of the project; and
                            ``(ii) seek to maximize domestic jobs.
            ``(3) Federal-aid highway requirements.--Notwithstanding 
        any other provision of this subsection, the Secretary shall 
        require recipients of grants under this section to comply with 
        subsection (a) of section 113 with respect to public 
        transportation projects, passenger rail projects, and freight 
        rail projects, in the same manner that recipients of grants are 
        required to comply with such subsection for construction work 
        performed on highway projects on Federal-aid highways.
    ``(k) Single-Occupancy Vehicle Highway Facilities.--None of the 
funds provided under this section may be used for a project that will 
result in the construction of new capacity available to single occupant 
vehicles unless the project consists of a high-occupancy vehicle 
facility and is consistent with section 166.
    ``(l) Definition of Areas of Persistent Poverty.--In this section, 
the term `areas of persistent poverty' means--
            ``(1) any county that has had 20 percent or more of the 
        population of such county living in poverty over the past 30 
        years, as measured by the 1990 and 2000 decennial censuses and 
        the most recent Small Area Income and Poverty Estimates;
            ``(2) any census tract with a poverty rate of at least 20 
        percent, as measured by the most recent 5-year data series 
        available from the American Community Survey of the Bureau of 
        the Census for all States and Puerto Rico; or
            ``(3) any other territory or possession of the United 
        States that has had 20 percent or more of its population living 
        in poverty over the past 30 years, as measured by the 1990, 
        2000, and 2010 island areas decennial censuses, or equivalent 
        data, of the Bureau of the Census.
    ``(m) Public Comment.--Prior to issuing the notice of funding 
opportunity for funding under this section for fiscal year 2022, the 
Secretary, in consultation with the Administrator of the Environmental 
Protection Agency, shall solicit public comment on the method of 
determining the significant reduction in greenhouse gas emissions 
required under subsection (e).
    ``(n) Consultation.--Prior to making an award under this section in 
a given fiscal year, the Secretary shall consult with the Administrator 
of the Environmental Protection Agency to determine which projects are 
expected to yield a significant reduction in greenhouse gas emissions 
as required under subsection (e).''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 171 the following:

``172. Community climate innovation grants.''.

SEC. 1305. METRO PERFORMANCE PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall directly 
allocate funds in accordance with this section to enhance local 
decision making and control in delivering projects to address local 
transportation needs.
    (b) Designation.--
            (1) In general.--The Secretary shall designate direct 
        recipients based on the criteria in paragraph (3) to be direct 
        recipients of funds under this section.
            (2) Responsibilities.--A direct recipient shall be 
        responsible for compliance with any requirements related to the 
        use of Federal funds vested in a State department of 
        transportation under chapter 1 of title 23, United States Code.
            (3) Criteria.--In designating an applicant under this 
        subsection, the Secretary shall consider--
                    (A) the legal, financial, and technical capacity of 
                the applicant;
                    (B) the level of coordination between the applicant 
                and--
                            (i) the State department of transportation 
                        of the State or States in which the 
                        metropolitan planning area represented by the 
                        applicant is located;
                            (ii) local governments and providers of 
                        public transportation within the metropolitan 
                        planning area represented by the applicant; and
                            (iii) if more than one metropolitan 
                        planning organization is designated within an 
                        urbanized area represented by the applicant, 
                        any other such metropolitan planning 
                        organization;
                    (C) in the case of an applicant that represents an 
                urbanized area population of greater than 200,000, the 
                effectiveness of project delivery and timely obligation 
                of funds made available under section 133(d)(1)(A)(i) 
                of title 23, United States Code;
                    (D) if the applicant or a local government within 
                the metropolitan planning area that the applicant 
                represents has been the recipient of a discretionary 
                grant from the Secretary within the preceding 5 years, 
                the administration of such grant;
                    (E) the extent to which the planning and decision 
                making process of the applicant, including the long-
                range transportation plan and the approved 
                transportation improvement program under section 134 of 
                such title, support--
                            (i) the performance goals established under 
                        section 150(b) of such title; and
                            (ii) the achievement of metropolitan or 
                        statewide performance targets established under 
                        section 150(d) of such title;
                    (F) whether the applicant is a designated recipient 
                of funds from the Federal Transit Administration as 
                described under subsections (A) and (B) of section 
                5302(4) of title 49, United States Code; and
                    (G) any other criteria established by the 
                Secretary.
            (4) Requirements.--
                    (A) Call for nomination.--Not later than February 
                1, 2022, the Secretary shall publish in the Federal 
                Register a notice soliciting applications for 
                designation under this subsection.
                    (B) Guidance.--The notification under paragraph (1) 
                shall include guidance on the requirements and 
                responsibilities of a direct recipient under this 
                section, including implementing regulations.
                    (C) Determination.--The Secretary shall make all 
                designations under this section for fiscal year 2023 
                not later than June 1, 2022.
            (5) Term.--Except as provided in paragraph (6), a 
        designation under this subsection shall--
                    (A) be for a period of not less than 5 years; and
                    (B) be renewable.
            (6) Termination.--
                    (A) In general.--The Secretary shall establish 
                procedures for the termination of a designation under 
                this subsection.
                    (B) Considerations.--In establishing procedures 
                under subparagraph (A), the Secretary shall consider--
                            (i) with respect to projects carried out 
                        under this section, compliance with the 
                        requirements of title 23, United States Code, 
                        or chapter 53 of title 49, United States Code; 
                        and
                            (ii) the obligation rate of any funds--
                                    (I) made available under this 
                                section; and
                                    (II) in the case of a metropolitan 
                                planning organization that represents a 
                                metropolitan planning area with an 
                                urbanized area population of greater 
                                than 200,000, made available under 
                                section 133(d)(1)(A)(i) of title 23, 
                                United States Code.
    (c) Use of Funds.--
            (1) Eligible projects.--Funds made available under this 
        section may be obligated for the purposes described in section 
        133(b) of title 23, United States Code.
            (2) Administrative expenses and technical assistance.--Of 
        the amounts made available under this section, the Secretary 
        may set aside not more than $5,000,000 for program management, 
        oversight, and technical assistance to direct recipients.
    (d) Responsibilities of Direct Recipients.--
            (1) Direct availability of funds.--Notwithstanding title 
        23, United States Code, the amounts made available under this 
        section shall be allocated to each direct recipient for 
        obligation.
            (2) Project delivery.--
                    (A) In general.--The direct recipient may 
                collaborate with a State, unit of local government, 
                regional entity, or transit agency to carry out a 
                project under this section and ensure compliance with 
                all applicable Federal requirements.
                    (B) State authority.--The State may exercise, on 
                behalf of the direct recipient, any available 
                decisionmaking authorities or actions assumed from the 
                Secretary.
                    (C) Use of funds.--The direct recipient may use 
                amounts made available under this section to compensate 
                a State, unit of local government, regional entity, or 
                transit agency for costs incurred in providing 
                assistance under this paragraph.
            (3) Distribution of amounts among direct recipients.--
                    (A) In general.--Subject to subparagraph (B), on 
                the first day of the fiscal year for which funds are 
                made available under this section, the Secretary shall 
                allocate such funds to each direct recipient as the 
                proportion of the population (as determined by data 
                collected by the Bureau of the Census) of the urbanized 
                area represented by any 1 direct recipient bears to the 
                total population of all of urbanized areas represented 
                by all direct recipients.
                    (B) Minimum and maximum amounts.--Of funds 
                allocated to direct recipients under subparagraph (A), 
                each direct recipient shall receive not less than 
                $10,000,000 and not more than $50,000,000 each fiscal 
                year.
                    (C) Minimum guaranteed amount.--In making a 
                determination whether to designate a metropolitan 
                planning organization as a direct recipient under 
                subsection (b), the Secretary shall ensure that each 
                direct recipient receives the minimum required 
                allocation under subparagraph (B).
                    (D) Additional amounts.--If any amounts remain 
                undistributed after the distribution described in this 
                subsection, such remaining amounts and an associated 
                amount of obligation limitation shall be made available 
                as if suballocated under clauses (i) and (ii) of 
                section 133(d)(1)(A) of title 23, United States Code, 
                and distributed among the States in the proportion that 
                the relative shares of the population (as determined by 
                data collected by the Bureau of the Census) of the 
                urbanized areas of each State bears to the total 
                populations of all urbanized areas across all States.
            (4) Assumption of responsibility of the secretary.--
                    (A) In general.--For projects carried out with 
                funds provided under this section, the direct recipient 
                may assume the responsibilities of the Secretary under 
                section 106 of title 23, United States Code, for 
                design, plans, specifications, estimates, contract 
                awards, and inspections with respect to the projects 
                unless the Secretary determines that the assumption is 
                not appropriate.
                    (B) Agreement.--The Secretary and the direct 
                recipient shall enter into an agreement relating to the 
                extent to which the direct recipient assumes the 
                responsibilities of the Secretary under this paragraph.
                    (C) Limitations.--The Secretary shall retain 
                responsibilities described in subparagraph (A) for any 
                project that the Secretary determines to be in a high-
                risk category, including projects on the National 
                Highway System.
    (e) Expenditure of Funds.--
            (1) Consistency with metropolitan planning.--Except as 
        otherwise provided in this section, programming and expenditure 
        of funds for projects under this section shall be consistent 
        with the requirements of section 134 of title 23, United States 
        Code, and section 5303 of title 49, United States Code.
            (2) Selection of projects.--
                    (A) In general.--Notwithstanding subsections (j)(5) 
                and (k)(4) of section 134 of title 23, United States 
                Code, or subsections (j)(5) and (k)(4) of section 5303 
                of title 49, United States Code, a direct recipient 
                shall select, from the approved transportation 
                improvement program under such sections, all projects 
                to be funded under this section, including projects on 
                the National Highway System.
                    (B) Eligible projects.--The project selection 
                process described in this subsection shall apply to all 
                federally funded projects within the boundaries of a 
                metropolitan planning area served by a direct recipient 
                that are carried out under this section.
                    (C) Consultation required.--In selecting a project 
                under this subsection, the metropolitan planning 
                organization shall consult with--
                            (i) in the case of a highway project, the 
                        State and locality in which such project is 
                        located; and
                            (ii) in the case of a transit project, any 
                        affected public transportation operator.
            (3) Rule of construction.--Nothing in this section shall be 
        construed to limit the ability of a direct recipient to partner 
        with a State department of transportation or other recipient of 
        Federal funds under title 23, United States Code, or chapter 53 
        of title 49, United States Code, to carry out a project.
    (f) Treatment of Funds.--
            (1) In general.--Except as provided in this section, funds 
        made available to carry out this section shall be administered 
        as if apportioned under chapter 1 of title 23, United States 
        Code.
            (2) Federal share.--The Federal share of the cost of a 
        project carried out under this section shall be determined in 
        accordance with section 120 of title 23, United States Code.
    (g) Report.--
            (1) Direct recipient report.--Not later than 60 days after 
        the end of each fiscal year, each direct recipient shall submit 
        to the Secretary a report that includes--
                    (A) a list of projects funded with amounts provided 
                under this section;
                    (B) a description of any obstacles to complete 
                projects or timely obligation of funds; and
                    (C) recommendations to improve the effectiveness of 
                the program under this section.
            (2) Report to congress.--Not later than October 1, 2024, 
        the Secretary shall submit to the Committee on Environment and 
        Public Works of the Senate and the Committee on Transportation 
        and Infrastructure of the House of Representatives a report 
        that--
                    (A) summarizes the findings of each direct 
                recipient provided under paragraph (1);
                    (B) describes the efforts undertaken by both direct 
                recipients and the Secretary to ensure compliance with 
                the requirements of title 23 and chapter 53 of title 
                49, United States Code;
                    (C) analyzes the capacity of direct recipients to 
                receive direct allocations of funds under chapter 1 of 
                title 23, United States Code; and
                    (D) provides recommendations from the Secretary 
                to--
                            (i) improve the administration, oversight, 
                        and performance of the program established 
                        under this section;
                            (ii) improve the effectiveness of direct 
                        recipients to complete projects and obligate 
                        funds in a timely manner; and
                            (iii) evaluate options to expand the 
                        authority provided under this section, 
                        including to allow for the direct allocation to 
                        metropolitan planning organizations of funds 
                        made available to carry out clause (i) or (ii) 
                        of section 133(d)(1)(A) of title 23, United 
                        States Code.
            (3) Update.--Not less frequently than every 2 years, the 
        Secretary shall update the report described in paragraph (2).
    (h) Definitions.--
            (1) Direct recipient.--In this section, the term ``direct 
        recipient'' means a metropolitan planning organization 
        designated by the Secretary as high-performing under subsection 
        (b) and that was directly allocated funds as described in 
        subsection (d).
            (2) Metropolitan planning area.--The term ``metropolitan 
        planning area'' has the meaning given such term in section 134 
        of title 23, United States Code.
            (3) Metropolitan planning organization.--The term 
        ``metropolitan planning organization'' has the meaning given 
        such term in section 134 of title 23, United States Code.
            (4) National highway system.--The term ``National Highway 
        System'' has the meaning given such term in section 101 of 
        title 23, United States Code.
            (5) State.--The term ``State'' has the meaning given such 
        term in section 101 of title 23, United States Code.
            (6) Urbanized area.--The term ``urbanized area'' has the 
        meaning given such term in section 134 of title 23, United 
        States Code.

SEC. 1306. GRIDLOCK REDUCTION GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a gridlock reduction program to make grants, on a competitive basis, 
for projects to reduce, and mitigate the adverse impacts of, traffic 
congestion.
    (b) Applications.--To be eligible for a grant under this section, 
an applicant shall submit to the Secretary an application in such form, 
at such time, and containing such information as the Secretary 
determines appropriate.
    (c) Eligible Applicants.--The Secretary may make grants under this 
section to an applicant that is serving a combined statistical area, as 
defined by the Office of Management and Budget, with a population of 
not less than 1,300,000 and that is--
            (1) a metropolitan planning organization;
            (2) a unit of local government or a group of local 
        governments;
            (3) a multijurisdictional group of entities described in 
        paragraphs (1) and (2);
            (4) a special purpose district or public authority with a 
        transportation function, including a port authority; or
            (5) a State that is in partnership with an entity or group 
        of entities described in paragraph (1), (2), or (3).
    (d) Eligible Projects.--The Secretary may award grants under this 
section to applicants that submit a comprehensive program of surface 
transportation-related projects to reduce traffic congestion and 
related adverse impacts, including a project for one or more of the 
following:
            (1) Transportation systems management and operations.
            (2) Intelligent transportation systems.
            (3) Real-time traveler information.
            (4) Traffic incident management.
            (5) Active traffic management.
            (6) Traffic signal timing.
            (7) Multimodal travel payment systems.
            (8) Transportation demand management, including employer-
        based commuting programs such as carpool, vanpool, transit 
        benefit, parking cashout, shuttle, or telework programs.
            (9) A project to provide transportation options to reduce 
        traffic congestion, including--
                    (A) a project under chapter 53 of title 49, United 
                States Code;
                    (B) a bicycle or pedestrian project, including a 
                project to provide safe and connected active 
                transportation networks; and
                    (C) a surface transportation project carried out in 
                accordance with the national travel and tourism 
                infrastructure strategic plan under section 1431(e) of 
                the FAST Act (49 U.S.C. 301 note).
            (10) Any other project, as determined appropriate by the 
        Secretary.
    (e) Award Prioritization.--
            (1) In general.--In selecting grants under this section, 
        the Secretary shall prioritize applicants serving urbanized 
        areas, as described in subsection (c), that are experiencing a 
        high degree of recurrent transportation congestion, as 
        determined by the Secretary.
            (2) Additional considerations.--In selecting grants under 
        this section, the Secretary shall also consider the extent to 
        which the project would--
                    (A) reduce traffic congestion and improve the 
                reliability of the surface transportation system;
                    (B) mitigate the adverse impacts of traffic 
                congestion on the surface transportation system, 
                including safety and environmental impacts;
                    (C) maximize the use of existing capacity; and
                    (D) employ innovative, integrated, and multimodal 
                solutions to the items described in subparagraphs (A), 
                (B), and (C).
    (f) Federal Share.--
            (1) In general.--The Federal share of the cost of a project 
        carried out under this section may not exceed 60 percent.
            (2) Maximum federal share.--Federal assistance other than a 
        grant for a project under this section may be used to satisfy 
        the non-Federal share of the cost of such project, except that 
        the total Federal assistance provided for a project receiving a 
        grant under this section may not exceed 80 percent of the total 
        project cost.
    (g) Use of Funds.--Funds made available for a project under this 
section may be used for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    (h) Funding.--
            (1) Grant amount.--A grant under this section shall be in 
        an amount not less than $10,000,000 and not more than 
        $50,000,000.
            (2) Availability.--Funds made available under this program 
        shall be available until expended.
    (i) Freight Project Set-Aside.--
            (1) In general.--The Secretary shall set aside not less 
        than 50 percent of the funds made available to carry out this 
        section for grants for freight projects under this subsection.
            (2) Eligible uses.--The Secretary shall provide funds set 
        aside under this subsection to applicants that submit a 
        comprehensive program of surface transportation-related 
        projects to reduce freight-related traffic congestion and 
        related adverse impacts, including--
                    (A) freight intelligent transportation systems;
                    (B) real-time freight parking information;
                    (C) real-time freight routing information;
                    (D) freight transportation and delivery safety 
                projects;
                    (E) first-mile and last-mile delivery solutions;
                    (F) shifting freight delivery to off-peak travel 
                times;
                    (G) reducing greenhouse gas emissions and air 
                pollution from freight transportation and delivery, 
                including through the use of innovative vehicles that 
                produce fewer greenhouse gas emissions;
                    (H) use of centralized delivery locations;
                    (I) designated freight vehicle parking and staging 
                areas;
                    (J) curb space management; and
                    (K) other projects, as determined appropriate by 
                the Secretary.
            (3) Award prioritization.--
                    (A) In general.--In providing funds set aside under 
                this section, the Secretary shall prioritize applicants 
                serving urbanized areas, as described in subsection 
                (c), that are experiencing a high degree of recurrent 
                congestion due to freight transportation, as determined 
                by the Secretary.
                    (B) Additional considerations.--In providing funds 
                set aside under this subsection, the Secretary shall 
                consider the extent to which the proposed project--
                            (i) reduces freight-related traffic 
                        congestion and improves the reliability of the 
                        freight transportation system;
                            (ii) mitigates the adverse impacts of 
                        freight-related traffic congestion on the 
                        surface transportation system, including safety 
                        and environmental impacts;
                            (iii) maximizes the use of existing 
                        capacity;
                            (iv) employs innovative, integrated, and 
                        multimodal solutions to the items described in 
                        clauses (i) through (iii);
                            (v) leverages Federal funds with non-
                        Federal contributions; and
                            (vi) integrates regional multimodal 
                        transportation management and operational 
                        projects that address both passenger and 
                        freight congestion.
            (4) Flexibility.--If the Secretary determines that there 
        are insufficient qualified applicants to use the funds set 
        aside under this subsection, the Secretary may use such funds 
        for grants for any projects eligible under this section.
    (j) Report.--
            (1) Recipient report.--The Secretary shall ensure that not 
        later than 2 years after the Secretary awards grants under this 
        section, the recipient of each such grant submits to the 
        Secretary a report that contains--
                    (A) information on each activity or project that 
                received funding under this section;
                    (B) a summary of any non-Federal resources 
                leveraged by a grant under this section;
                    (C) any statistics, measurements, or quantitative 
                assessments that demonstrate the congestion reduction, 
                reliability, safety, and environmental benefits 
                achieved through activities or projects that received 
                funding under this section; and
                    (D) any additional information required by the 
                Secretary.
            (2) Report to congress.--Not later than 9 months after the 
        date specified in paragraph (1), the Secretary shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works, the Committee on Commerce, Science, and Transportation, 
        and the Committee on Banking, Housing, and Urban Affairs of the 
        Senate, and make publicly available on a website, a report 
        detailing--
                    (A) a summary of any information provided under 
                paragraph (1); and
                    (B) recommendations and best practices to--
                            (i) reduce traffic congestion, including 
                        freight-related traffic congestion, and improve 
                        the reliability of the surface transportation 
                        system;
                            (ii) mitigate the adverse impacts of 
                        traffic congestion, including freight-related 
                        traffic congestion, on the surface 
                        transportation system, including safety and 
                        environmental impacts; and
                            (iii) employ innovative, integrated, and 
                        multimodal solutions to the items described in 
                        clauses (i) and (ii).
    (k) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works, the Committee on 
Commerce, Science, and Transportation, and the Committee on Banking, 
Housing, and Urban Affairs of the Senate of the intention to award such 
a grant.
    (l) Treatment of Projects.--
            (1) Federal requirements.--The Secretary shall, with 
        respect to a project funded by a grant under this section, 
        apply--
                    (A) the requirements of title 23, United States 
                Code, to a highway project;
                    (B) the requirements of chapter 53 of title 49, 
                United States Code, to a public transportation project; 
                and
                    (C) the requirements of section 22905 of title 49, 
                United States Code, to a passenger rail or freight rail 
                project.
            (2) Multimodal projects.--
                    (A) In general.--Except as otherwise provided in 
                this paragraph, if an eligible project is a multimodal 
                project, the Secretary shall--
                            (i) determine the predominant modal 
                        component of the project; and
                            (ii) apply the applicable requirements of 
                        such predominant modal component to the 
                        project.
                    (B) Exceptions.--
                            (i) Passenger or freight rail component.--
                        For any passenger or freight rail component of 
                        a project, the requirements of section 
                        22907(j)(2) of title 49, United States Code, 
                        shall apply.
                            (ii) Public transportation component.--For 
                        any public transportation component of a 
                        project, the requirements of section 5333 of 
                        title 49, United States Code, shall apply.
                    (C) Buy america.--In applying the Buy American 
                requirements under section 313 of title 23, United 
                States Code, and sections 5320, 22905(a), and 24305(f) 
                of title 49, United States Code, to a multimodal 
                project under this paragraph, the Secretary shall--
                            (i) consider the various modal components 
                        of the project; and
                            (ii) seek to maximize domestic jobs.
            (3) Federal-aid highway requirements.--Notwithstanding any 
        other provision of this subsection, the Secretary shall require 
        recipients of grants under this section to comply with 
        subsection (a) of section 113 of title 23, United States Code, 
        with respect to public transportation projects, passenger rail 
        projects, and freight rail projects, in the same manner that 
        recipients of grants are required to comply with such 
        subsection for construction work performed on highway projects 
        on Federal-aid highways.
    (m) Treatment of Funds.--Except as provided in subsection (l), 
funds authorized for the purposes described in this section shall be 
available for obligation in the same manner as if the funds were 
apportioned under chapter 1 of title 23, United States Code.

SEC. 1307. REBUILD RURAL GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a rebuild rural grant program to improve the safety, state of good 
repair, and connectivity of transportation infrastructure in rural 
communities.
    (b) Grant Authority.--
            (1) In general.--In carrying out the program established in 
        subsection (a), the Secretary shall make grants, on a 
        competitive basis, in accordance with this section.
            (2) Grant amount.--A grant made under this program shall be 
        for no more than $25,000,000.
    (c) Eligible Applicants.--The Secretary may make a grant under this 
section to--
            (1) a State;
            (2) a metropolitan planning organization or a regional 
        transportation planning organization;
            (3) a unit of local government;
            (4) a Federal land management agency;
            (5) a Tribal government or a consortium of Tribal 
        governments;
            (6) a territory; and
            (7) a multijurisdictional group of entities described in 
        this subsection.
    (d) Applications.--To be eligible for a grant under this section, 
an entity specified under subsection (c) shall submit to the Secretary 
an application in such form, at such time, and containing such 
information as the Secretary determines is appropriate.
    (e) Eligible Projects.--The Secretary shall provide grants under 
this section to projects eligible under title 23, United States Code, 
including projects on and off the Federal-aid highway system, that 
improve safety, state of good repair, or connectivity in a rural 
community, including projects to--
            (1) improve transportation safety, including projects on 
        high-risk rural roads and on Federal lands;
            (2) improve state of good repair, including projects to 
        repair and rehabilitate bridges on and off the Federal-aid 
        highway system;
            (3) provide or increase access to jobs and services;
            (4) provide or increase access to--
                    (A) a grain elevator;
                    (B) an agricultural facility;
                    (C) a mining facility;
                    (D) a forestry facility;
                    (E) an intermodal facility;
                    (F) travel or tourism destinations; or
                    (G) any other facility that supports the economy of 
                a rural community; and
            (5) reduce vehicle-wildlife collisions and improve habitat 
        connectivity.
    (f) Eligible Project Costs.--Grant amounts for a project under this 
section may be used for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    (g) Federal Share.--
            (1) In general.--The share of the cost of a project 
        provided with a grant under this section may not exceed 80 
        percent of the total cost of such project.
            (2) Maximum federal assistance.--Federal assistance other 
        than a grant under this section may be used to satisfy up to 
        100 percent of the total cost of such project.
    (h) Priority.--In making grants under this section, the Secretary 
shall prioritize projects that address--
            (1) significant transportation safety challenges;
            (2) state of good repair challenges that pose safety risks 
        or risks to a local economy;
            (3) economic development challenges;
            (4) connectivity challenges that limit access to jobs or 
        services; and
            (5) coordination of projects in the highway right-of-way 
        with proposed broadband service infrastructure needs.
    (i) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary of Transportation shall notify 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant.
    (j) Treatment of Projects.--Notwithstanding any other provision of 
law, a project carried out under this section shall be treated as if 
the project is located on a Federal-aid highway.
    (k) Definition of Rural Community.--In this section, the term 
``rural community'' means an area that is not an urbanized area, as 
such term is defined in section 101(a) of title 23, United States Code.

SEC. 1308. PARKING FOR COMMERCIAL MOTOR VEHICLES.

    (a) Establishment.--The Secretary of Transportation shall establish 
a program under which the Secretary shall make grants, on a competitive 
basis, to eligible entities to address the shortage of parking for 
commercial motor vehicles to improve the safety of commercial motor 
vehicle operators.
    (b) Applications.--To be eligible for a grant under this section, 
an eligible entity shall submit to the Secretary an application in such 
form, at such time, and containing such information as the Secretary 
may require.
    (c) Eligible Projects.--Projects eligible under this section are 
projects that--
            (1) construct safety rest areas that include parking for 
        commercial motor vehicles;
            (2) construct commercial motor vehicle parking facilities--
                    (A) adjacent to private commercial truckstops and 
                travel plazas;
                    (B) within the boundaries of, or adjacent to, a 
                publicly owned freight facility, including a port 
                terminal operated by a public authority; and
                    (C) at existing facilities, including inspection 
                and weigh stations and park-and-ride locations;
            (3) open existing weigh stations, safety rest areas, and 
        park-and-ride facilities to commercial motor vehicle parking;
            (4) facilitate access to publicly and privately provided 
        commercial motor vehicle parking, such as through the use of 
        intelligent transportation systems;
            (5) construct turnouts along a Federal-aid highway for 
        commercial motor vehicles;
            (6) make capital improvements to public commercial motor 
        vehicle parking facilities that are closed on a seasonal basis 
        to allow the facilities to remain open year-round;
            (7) open existing commercial motor vehicle chain-up areas 
        that are closed on a seasonal basis to allow the facilities to 
        remain open year-round for commercial motor vehicle parking;
            (8) address commercial motor vehicle parking and layover 
        needs in emergencies that strain the capacity of existing 
        publicly and privately provided commercial motor vehicle 
        parking; and
            (9) make improvements to existing commercial motor vehicle 
        parking facilities, including advanced truckstop 
        electrification systems.
    (d) Use of Funds.--
            (1) In general.--An eligible entity may use a grant under 
        this section for--
                    (A) development phase activities, including 
                planning, feasibility analysis, benefit-cost analysis, 
                environmental review, preliminary engineering and 
                design work, and other preconstruction activities 
                necessary to advance a project described in subsection 
                (c); and
                    (B) construction and operational improvements, as 
                such terms are defined in section 101 of title 23, 
                United States Code.
            (2) Private sector participation.--An eligible entity that 
        receives a grant under this section may partner with a private 
        entity to carry out an eligible project under this section.
            (3) Limitation.--Not more than 10 percent of the amounts 
        made available to carry out this section may be used to promote 
        the availability of existing commercial motor vehicle parking.
    (e) Selection Criteria.--In making grants under this section, the 
Secretary shall consider--
            (1) in the case of construction of new commercial motor 
        vehicle parking capacity, the shortage of public and private 
        commercial motor vehicle parking near the project; and
            (2) the extent to which each project--
                    (A) would increase commercial motor vehicle parking 
                capacity or utilization;
                    (B) would facilitate the efficient movement of 
                freight;
                    (C) would improve safety, traffic congestion, and 
                air quality;
                    (D) is cost effective; and
                    (E) reflects consultation with motor carriers, 
                commercial motor vehicle operators, and private 
                providers of commercial motor vehicle parking.
    (f) Notification of Congress.--Not later than 3 business days 
before announcing a project selected to receive a grant under this 
section, the Secretary of Transportation shall notify the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate of the 
intention to award such a grant.
    (g) Treatment of Funds.--
            (1) Treatment of projects.--Notwithstanding any other 
        provision of law, any project funded by a grant under this 
        section shall be treated as a project on a Federal-aid highway 
        under chapter 1 of title 23, United States Code.
            (2) Federal share.--The Federal share of the cost of a 
        project under this section shall be determined in accordance 
        with subsections (b) and (c) of section 120 of title 23, United 
        States Code.
    (h) Prohibition on Charging Fees.--To be eligible for a grant under 
this section, an eligible entity shall certify that no fees will be 
charged for the use of a project assisted with such grant.
    (i) Amendment to MAP-21.--Section 1401(c)(1) of MAP-21 (23 U.S.C. 
137 note) is amended--
            (1) by inserting ``and private providers of commercial 
        motor vehicle parking'' after ``personnel''; and
            (2) in subparagraph (A) by striking ``the capability of the 
        State to provide'' and inserting ``the availability of''.
    (j) Survey; Comparative Assessment; Report.--
            (1) Update.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall update the survey of 
        each State required under section 1401(c)(1) of the MAP-21 (23 
        U.S.C. 137 note).
            (2) Report.--Not later than 1 year after the deadline under 
        paragraph (1), the Secretary shall publish on the website of 
        the Department of Transportation a report that--
                    (A) evaluates the availability of adequate parking 
                and rest facilities for commercial motor vehicles 
                engaged in interstate transportation;
                    (B) evaluates the effectiveness of the projects 
                funded under this section in improving access to 
                commercial motor vehicle parking; and
                    (C) reports on the progress being made to provide 
                adequate commercial motor vehicle parking facilities in 
                the State.
            (3) Consultation.--The Secretary shall prepare the report 
        required under paragraph (2) in consultation with--
                    (A) relevant State motor carrier safety personnel;
                    (B) motor carriers and commercial motor vehicle 
                operators; and
                    (C) private providers of commercial motor vehicle 
                parking.
    (k) Definitions.--In this section:
            (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31132 of 
        title 49, United States Code.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a metropolitan planning organization;
                    (C) a unit of local government;
                    (D) a political subdivision of a State or local 
                government carrying out responsibilities relating to 
                commercial motor vehicle parking; and
                    (E) a multistate or multijurisdictional group of 
                entities described in subparagraphs (A) through (D).
            (3) Safety rest area.--The term ``safety rest area'' has 
        the meaning given such term in section 120(c) of title 23, 
        United States Code.

SEC. 1309. ACTIVE TRANSPORTATION CONNECTIVITY GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
an active transportation connectivity grant program to provide for safe 
and connected active transportation facilities.
    (b) Grant Authority.--In carrying out the program established in 
subsection (a), the Secretary shall make grants, on a competitive 
basis, in accordance with this section.
    (c) Eligible Applicants.--The Secretary may make a grant under this 
section to--
            (1) a State;
            (2) a metropolitan planning organization;
            (3) a regional transportation authority;
            (4) a unit of local government, including a county or 
        multi-county special district;
            (5) a Federal land management agency;
            (6) a natural resource or public land agency;
            (7) a Tribal government or a consortium of Tribal 
        governments;
            (8) any local or regional governmental entity with 
        responsibility for or oversight of transportation or 
        recreational trails; and
            (9) a multistate or multijurisdictional group of entities 
        described in this subsection.
    (d) Applications.--To be eligible for a grant under this section, 
an entity specified under subsection (c) shall submit to the Secretary 
an application in such form, at such time, and containing such 
information as the Secretary determines is appropriate.
    (e) Eligible Projects.--The Secretary shall provide grants under 
this section to projects that improve the connectivity and the use of 
active transportation facilities--
            (1) including--
                    (A) active transportation networks;
                    (B) active transportation spines; and
                    (C) planning related to the development of--
                            (i) active transportation networks;
                            (ii) active transportation spines; and
                            (iii) complete streets plans to create a 
                        connected network of active transportation 
                        facilities, including sidewalks, bikeways, or 
                        pedestrian and bicycle trails; and
            (2) that have--
                    (A) total project costs of not less than 
                $15,000,000; or
                    (B) in the case of planning grants under subsection 
                (f), a total cost of not less than $100,000.
    (f) Planning Grants.--Of the amounts made available to carry out 
this section, the Secretary may use not more than 10 percent to provide 
planning grants to eligible applicants for activities under subsection 
(e)(1)(C).
    (g) Considerations.--In making grants under this section, the 
Secretary shall consider the extent to which--
            (1) a project is likely to provide substantial additional 
        opportunities for walking and bicycling, including through the 
        creation of--
                    (A) active transportation networks connecting 
                destinations within or between communities, including 
                schools, workplaces, residences, businesses, recreation 
                areas, and other community areas; and
                    (B) active transportation spines connecting two or 
                more communities, metropolitan areas, or States;
            (2) an applicant has adequately considered or will 
        consider, including through the opportunity for public comment, 
        the environmental justice and equity impacts of the project;
            (3) the project would improve safety for vulnerable road 
        users, including through the use of complete street design 
        policies or a safe system approach; and
            (4) a project integrates active transportation facilities 
        with public transportation services, where available, to 
        improve access to public transportation.
    (h) Limitation.--
            (1) In general.--The share of the cost of a project 
        assisted with a grant under this section may not exceed 80 
        percent.
            (2) Maximum federal assistance.--Federal assistance other 
        than a grant under this section may be used to satisfy up to 
        100 percent of the total project cost.
    (i) Eligible Project Costs.--Amounts made available for a project 
under this section may be used for--
            (1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            (2) construction, reconstruction, rehabilitation, 
        acquisition of real property (including land related to the 
        project and improvements to the land), environmental 
        mitigation, construction contingencies, acquisition of 
        equipment, and operational improvements.
    (j) Notification.--Not later than 3 business days before awarding a 
grant under this section, the Secretary of Transportation shall notify 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate of the intention to award such a grant.
    (k) Treatment of Projects.--Notwithstanding any other provision of 
law, a project carried out under this section shall be treated in the 
manner described under section 133(i) of title 23, United States Code.
    (l) Definitions.--In this section:
            (1) Active transportation.--The term ``active 
        transportation'' means mobility options powered primarily by 
        human energy, including bicycling and walking.
            (2) Active transportation network.--The term ``active 
        transportation network'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails, that connect destinations within a 
        community, a metropolitan area, or on Federal lands.
            (3) Active transportation spine.--The term ``active 
        transportation spine'' means facilities built for active 
        transportation, including sidewalks, bikeways, and pedestrian 
        and bicycle trails, that connect communities, metropolitan 
        areas, Federal lands, or States.
            (4) Safe system approach.--The term ``safe system 
        approach'' has the meaning given such term in section 148(a) of 
        title 23, United States Code.
            (5) Vulnerable road user.--The term ``vulnerable road 
        user'' has the meaning given such term in section 148(a) of 
        title 23, United States Code.

   Subtitle D--Planning, Performance Management, and Asset Management

SEC. 1401. METROPOLITAN TRANSPORTATION PLANNING.

    Section 134 of title 23, United States Code, is amended--
            (1) in subsection (a) by striking ``resiliency needs while 
        minimizing transportation-related fuel consumption and air 
        pollution'' and inserting ``resilience and climate change 
        adaptation needs while reducing transportation-related fuel 
        consumption, air pollution, and greenhouse gas emissions'';
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) STIP.--The term `STIP' means a statewide 
        transportation improvement program developed by a State under 
        section 135(g).'';
            (3) in subsection (c)--
                    (A) in paragraph (1) by striking ``and 
                transportation improvement programs'' and inserting 
                ``and TIPs''; and
                    (B) by adding at the end the following:
            ``(4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider direct and 
        indirect emissions of greenhouse gases.'';
            (4) in subsection (d)--
                    (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of MAP-21, each'' and 
                inserting ``Each'';
                    (B) in paragraph (3) by adding at the end the 
                following:
                    ``(D) Considerations.--
                            ``(i) Equitable and proportional 
                        representation.--In designating officials or 
                        representatives under paragraph (2), the 
                        metropolitan planning organization shall 
                        consider the equitable and proportional 
                        representation of the population of the 
                        metropolitan planning area.
                            ``(ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan planning 
                        organization in existence on the date of 
                        enactment of this subparagraph to be 
                        restructured.
                            ``(iii) Redesignation.--Notwithstanding 
                        clause (ii), the requirements of this paragraph 
                        shall apply to any metropolitan planning 
                        organization redesignated under paragraph 
                        (6).'';
                    (C) in paragraph (6)(B) by striking ``paragraph 
                (2)'' and inserting ``paragraphs (2) or (3)(D)''; and
                    (D) in paragraph (7)--
                            (i) by striking ``an existing metropolitan 
                        planning area'' and inserting ``an urbanized 
                        area''; and
                            (ii) by striking ``the existing 
                        metropolitan planning area'' and inserting 
                        ``the area'';
            (5) in subsection (g)--
                    (A) in paragraph (1) by striking ``a metropolitan 
                area'' and inserting ``an urbanized area'';
                    (B) in paragraph (2) by striking ``mpos'' and 
                inserting ``metropolitan planning areas'';
                    (C) in paragraph (3)(A) by inserting ``emergency 
                response and evacuation, climate change adaptation and 
                resilience,'' after ``disaster risk reduction,''; and
                    (D) by adding at the end the following:
            ``(4) Coordination between mpos.--
                    ``(A) In general.--If more than one metropolitan 
                planning organization is designated within an urbanized 
                area under subsection (d)(7), the metropolitan planning 
                organizations designated within the area shall ensure, 
                to the maximum extent practicable, the consistency of 
                any data used in the planning process, including 
                information used in forecasting transportation demand.
                    ``(B) Savings clause.--Nothing in this paragraph 
                requires metropolitan planning organizations designated 
                within a single urbanized area to jointly develop 
                planning documents, including a unified long-range 
                transportation plan or unified TIP.'';
            (6) in subsection (h)(1)--
                    (A) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) protect and enhance the environment, promote 
                energy conservation, reduce greenhouse gas emissions, 
                improve the quality of life and public health, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns, including housing and land use 
                patterns;'';
                    (B) in subparagraph (I)--
                            (i) by inserting ``, sea level rise, 
                        extreme weather, and climate change'' after 
                        ``stormwater''; and
                            (ii) by striking ``and'' at the end;
                    (C) by redesignating subparagraph (J) as 
                subparagraph (M); and
                    (D) by inserting after subparagraph (I) the 
                following:
                    ``(J) facilitate emergency management, response, 
                and evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access;
                    ``(L) support inclusive zoning policies and land 
                use planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households; 
                and'';
            (7) in subsection (h)(2) by striking subparagraph (A) and 
        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the metropolitan 
                transportation planning process shall support the 
                national goals described in section 150(b), the 
                achievement of metropolitan and statewide targets 
                established under section 150(d), the improvement of 
                transportation system access (consistent with section 
                150(f)), and the general purposes described in section 
                5301 of title 49.'';
            (8) in subsection (i)--
                    (A) in paragraph (2)(D)(i) by inserting ``reduce 
                greenhouse gas emissions and'' before ``restore and 
                maintain'';
                    (B) in paragraph (2)(G) by inserting ``and climate 
                change'' after ``infrastructure to natural disasters'';
                    (C) in paragraph (2)(H) by inserting ``greenhouse 
                gas emissions,'' after ``pollution,'';
                    (D) in paragraph (5)--
                            (i) in subparagraph (A) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Issues.--The consultation shall involve, as 
                appropriate, comparison of transportation plans to 
                other relevant plans, including, if available--
                            ``(i) State conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.''; and
                    (E) by amending paragraph (6)(C) to read as 
                follows:
                    ``(C) Methods.--
                            ``(i) In general.--In carrying out 
                        subparagraph (A), the metropolitan planning 
                        organization shall, to the maximum extent 
                        practicable--
                                    ``(I) hold any public meetings at 
                                convenient and accessible locations and 
                                times;
                                    ``(II) employ visualization 
                                techniques to describe plans; and
                                    ``(III) make public information 
                                available in electronically accessible 
                                format and means, such as the internet, 
                                as appropriate to afford reasonable 
                                opportunity for consideration of public 
                                information under subparagraph (A).
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the metropolitan 
                        planning organization shall, to the maximum 
                        extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
            (9) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``TIP'' each place it 
        appears; and
            (10) by striking ``Federally'' each place it appears and 
        inserting ``federally''.

SEC. 1402. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

    Section 135 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (2)--
                            (i) by striking ``The statewide 
                        transportation plan and the'' and inserting the 
                        following:
                    ``(A)  In general.--The statewide transportation 
                plan and the'';
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP''; 
                        and
                            (iii) by adding at the end the following:
                    ``(B) Consideration.--In developing the statewide 
                transportation plans and STIPs, States shall consider 
                direct and indirect emissions of greenhouse gases.''; 
                and
                    (C) in paragraph (3) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E)--
                                    (I) by inserting ``reduce 
                                greenhouse gas emissions,'' after 
                                ``promote energy conservation,'';
                                    (II) by inserting ``and public 
                                health'' after ``improve the quality of 
                                life''; and
                                    (III) by inserting ``, including 
                                housing and land use patterns'' after 
                                ``economic development patterns'';
                            (ii) in subparagraph (I)--
                                    (I) by inserting ``, sea level 
                                rise, extreme weather, and climate 
                                change'' after ``mitigate stormwater''; 
                                and
                                    (II) by striking ``and'' after the 
                                semicolon;
                            (iii) by redesignating subparagraph (J) as 
                        subparagraph (M); and
                            (iv) by inserting after subparagraph (I) 
                        the following:
                    ``(J) facilitate emergency management, response, 
                and evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access;
                    ``(L) support inclusive zoning policies and land 
                use planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households; 
                and'';
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the statewide 
                transportation planning process shall support--
                            ``(i) the national goals described in 
                        section 150(b);
                            ``(ii) the consideration of transportation 
                        system access (consistent with section 150(f));
                            ``(iii) the achievement of statewide 
                        targets established under section 150(d); and
                            ``(iv) the general purposes described in 
                        section 5301 of title 49.''; and
                            (ii) in subparagraph (D) by striking 
                        ``statewide transportation improvement 
                        program'' and inserting ``STIP''; and
                    (C) in paragraph (3) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
            (3) in subsection (e)(3) by striking ``transportation 
        improvement program'' and inserting ``STIP'';
            (4) in subsection (f)--
                    (A) in paragraph (2)(D)--
                            (i) in clause (i) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by amending clause (ii) to read as 
                        follows:
                            ``(ii) Comparison and consideration.--
                        Consultation under clause (i) shall involve the 
                        comparison of transportation plans to other 
                        relevant plans and inventories, including, if 
                        available--
                                    ``(I) State and tribal conservation 
                                plans or maps; and
                                    ``(II) inventories of natural or 
                                historic resources.'';
                    (B) in paragraph (3)(B)--
                            (i) by striking ``In carrying out'' and 
                        inserting the following:
                            ``(i) In general.--in carrying out'';
                            (ii) by redesignating clauses (i) through 
                        (iv) as subclauses (I) through (IV), 
                        respectively; and
                            (iii) by adding at the end the following:
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the State shall, 
                        to the maximum extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
                    (C) in paragraph (4)(A) by inserting ``reduce 
                greenhouse gas emissions and'' after ``potential to''; 
                and
                    (D) in paragraph (8) by inserting ``greenhouse gas 
                emissions,'' after ``pollution,'';
            (5) in subsection (g)--
                    (A) in paragraph (1)(A) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (3) by striking ``operators),,'' 
                and inserting ``operators),'';
                    (C) in paragraph (4) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'' each place it appears;
                    (D) in paragraph (5)--
                            (i) in subparagraph (A) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (ii) in subparagraph (B)(ii) by striking 
                        ``metropolitan transportation improvement 
                        program'' and inserting ``TIP'';
                            (iii) in subparagraph (C) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (iv) in subparagraph (E) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (v) in subparagraph (F)(i) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (vi) in subparagraph (G)(ii) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP''; and
                            (vii) in subparagraph (H) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                    (E) in paragraph (6)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``transportation 
                                improvement program'' and inserting 
                                ``STIP''; and
                                    (II) by striking ``and projects 
                                carried out under the bridge program or 
                                the Interstate maintenance program''; 
                                and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``or under the 
                                bridge program or the Interstate 
                                maintenance program'';
                                    (II) by striking ``5310, 5311, 
                                5316, and 5317'' and inserting ``5310 
                                and 5311''; and
                                    (III) by striking ``statewide 
                                transportation improvement program'' 
                                and inserting ``STIP'';
                    (F) in paragraph (7)--
                            (i) in the heading by striking 
                        ``Transportation improvement program'' and 
                        inserting ``STIP''; and
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP'';
                    (G) in paragraph (8) by striking ``statewide 
                transportation plans and programs'' and inserting 
                ``statewide transportation plans and STIPs''; and
                    (H) in paragraph (9) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (6) in subsection (h)(2)(A) by striking ``Not later than 5 
        years after the date of enactment of the MAP-21,'' and 
        inserting ``Not less frequently than once every 4 years,'';
            (7) in subsection (k) by striking ``transportation 
        improvement program'' and inserting ``STIP'' each place it 
        appears; and
            (8) in subsection (m) by striking ``transportation 
        improvement programs'' and inserting ``STIPs''.

SEC. 1403. NATIONAL GOALS AND PERFORMANCE MANAGEMENT MEASURES.

    (a) In General.--Section 150 of title 23, United States Code, is 
amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraph (7) as paragraph 
                (8); and
                    (B) by inserting after paragraph (6) the following:
            ``(7) Combating climate change.--To reduce carbon dioxide 
        and other greenhouse gas emissions and reduce the climate 
        impacts of the transportation system.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``Not later than 
                18 months after the date of enactment of the MAP-21, 
                the Secretary'' and inserting ``The Secretary''; and
                    (B) by adding at the end the following:
            ``(7) Greenhouse gas emissions.--The Secretary shall 
        establish, in consultation with the Administrator of the 
        Environmental Protection Agency, measures for States to use to 
        assess--
                    ``(A) carbon dioxide emissions per capita on public 
                roads; and
                    ``(B) any other greenhouse gas emissions per capita 
                on public roads that the Secretary determines to be 
                appropriate.'';
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by striking ``Not later than 1 year 
                        after the Secretary has promulgated the final 
                        rulemaking under subsection (c), each'' and 
                        inserting ``Each''; and
                            (ii) by striking ``and (6)'' and inserting 
                        ``(6), and (7)''; and
                    (B) by adding at the end the following:
            ``(3) Regressive targets.--
                    ``(A) In general.--A State may not establish a 
                regressive target for the measures described under 
                paragraph (4) or paragraph (7) of subsection (c).
                    ``(B) Regressive target defined.--In this 
                paragraph, the term `regressive target' means a target 
                that fails to demonstrate constant or improved 
                performance for a particular measure.'';
            (4) in subsection (e)--
                    (A) by striking ``Not later than 4 years after the 
                date of enactment of the MAP-21 and biennially 
                thereafter, a'' and inserting ``A''; and
                    (B) by inserting ``biennial'' after ``the Secretary 
                a''; and
            (5) by adding at the end the following:
    ``(f) Transportation System Access.--
            ``(1) In general.--The Secretary shall establish measures 
        for States and metropolitan planning organizations to use to 
        assess the level of safe, reliable, and convenient 
        transportation system access to--
                    ``(A) employment; and
                    ``(B) services.
            ``(2) Considerations.--The measures established pursuant to 
        paragraph (1) shall include the ability for States and 
        metropolitan planning organizations to assess--
                    ``(A) the change in the level of transportation 
                system access for various modes of travel, including 
                connection to other modes of transportation, that would 
                result from new transportation investments;
                    ``(B) the level of transportation system access for 
                economically disadvantaged communities, including to 
                affordable housing; and
                    ``(C) the extent to which transportation access is 
                impacted by zoning policies and land use planning 
                practices that effect the affordability, elasticity, 
                and diversity of the housing supply.
            ``(3) Definition of services.--In this subsection, the term 
        `services' includes healthcare facilities, child care, 
        education and workforce training, food sources, banking and 
        other financial institutions, and other retail shopping 
        establishments.''.
    (b) Metropolitan Transportation Planning.--Section 134 of title 23, 
United States Code, is further amended--
            (1) in subsection (j)(2)(D)--
                    (A) by striking ``Performance target achievement'' 
                in the heading and inserting ``Performance 
                management'';
                    (B) by striking ``The TIP'' and inserting the 
                following:
                            ``(i) In general.--The TIP''; and
                    (C) by adding at the end the following:
                            ``(ii) Transportation management areas.--
                        For metropolitan planning areas that represent 
                        an urbanized area designated as a 
                        transportation management area under subsection 
                        (k), the TIP shall include--
                                    ``(I) a discussion of the 
                                anticipated effect of the TIP toward 
                                achieving the performance targets 
                                established in the metropolitan 
                                transportation plan, linking investment 
                                priorities to such performance targets; 
                                and
                                    ``(II) a description of how the TIP 
                                would improve the overall level of 
                                transportation system access, 
                                consistent with section 150(f).'';
            (2) in subsection (k)--
                    (A) in paragraph (3)(A)--
                            (i) by striking ``shall address congestion 
                        management'' and inserting the following: 
                        ``shall address--
                            ``(i) congestion management'';
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(ii) the overall level of transportation 
                        system access for various modes of travel 
                        within the metropolitan planning area, 
                        including the level of access for economically 
                        disadvantaged communities, consistent with 
                        section 150(f), that is based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, assessing both new 
                        and existing transportation facilities eligible 
                        for funding under this title and chapter 53 of 
                        title 49.''; and
                    (B) in paragraph (5)(B)--
                            (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                            (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) the TIP approved under clause (ii) 
                        improves the level of transportation system 
                        access, consistent with section 150(f).''; and
            (3) in subsection (l)(2)--
                    (A) by striking ``5 years after the date of 
                enactment of the MAP-21'' and inserting ``2 years after 
                the date of enactment of the INVEST in America Act, and 
                every 2 years thereafter'';
                    (B) in subparagraph (C) by striking ``and whether 
                metropolitan planning organizations are developing 
                meaningful performance targets; and'' and inserting a 
                semicolon; and
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) a listing of all metropolitan planning 
                organizations that are establishing performance targets 
                and whether such performance targets established by the 
                metropolitan planning organization are meaningful or 
                regressive (as defined in section 150(d)(3)(B)); and
                    ``(E) the progress of implementing the measure 
                established under section 150(f).''.
    (c) Statewide and Nonmetropolitan Transportation Planning.--Section 
135(g)(4) of title 23, United States Code, is further amended--
            (1) by striking ``Performance Target Achievement'' in the 
        heading and inserting ``Performance Management'';
            (2) by striking ``shall include, to the maximum extent 
        practicable, a discussion'' and inserting the following: 
        ``shall include--
                    ``(A) a discussion'';
            (3) by striking the period at the end and inserting ``; 
        and''; and
            (4) by adding at the end the following:
                    ``(B) a consideration of how the STIP impacts the 
                overall level of transportation system access, 
                consistent with section 150(f).''.
    (d) Effective Date.--The amendment made by subsection (a)(3)(B) 
shall take effect 1 year before the subsequent State target and 
reporting deadlines established pursuant to section 150 of title 23, 
United States Code.
    (e) Development of Greenhouse Gas Measure.--Not later than 1 year 
after the date of enactment of this Act, the Secretary of 
Transportation shall issue such regulations as are necessary to carry 
out paragraph (7) of section 150(c) of title 23, United States Code, as 
added by this Act.
    (f) Development of Transportation System Access Measure.--
            (1) Establishment.--Not later than 120 days after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        establish a working group to assess the provisions of 
        paragraphs (1) and (2) of section 150(f) and make 
        recommendations regarding the establishment of measures for 
        States and metropolitan planning organizations to use to assess 
        the level of transportation system access for various modes of 
        travel, consistent with section 150(f) of title 23, United 
        States Code.
            (2) Members.--The working group established pursuant to 
        paragraph (1) shall include representatives from--
                    (A) the Department of Transportation;
                    (B) State departments of transportation, including 
                representatives that specialize in pedestrian and 
                bicycle safety;
                    (C) the Bureau of Transportation Statistics;
                    (D) metropolitan planning organizations 
                representing transportation management areas (as those 
                terms are defined in section 134 of title 23, United 
                States Code);
                    (E) other metropolitan planning organizations or 
                local governments;
                    (F) providers of public transportation;
                    (G) nonprofit entities related to transportation, 
                including relevant safety groups;
                    (H) experts in the field of transportation access 
                data; and
                    (I) any other stakeholders, as determined by the 
                Secretary.
            (3) Report.--
                    (A) Submission.--Not later than 1 year after the 
                establishment of the working group pursuant to 
                paragraph (1), the working group shall submit to the 
                Secretary a report of recommendations regarding the 
                establishment of measures for States and metropolitan 
                planning organizations to use to assess the level of 
                transportation system access, consistent with section 
                150(f) of title 23, United States Code.
                    (B) Publication.--Not later than 30 days after the 
                date on which the Secretary receives the report under 
                subparagraph (A), the Secretary shall publish the 
                report on a publicly accessible website of the 
                Department of Transportation.
            (4) Rulemaking.--Not later than 2 years after the date on 
        which the Secretary receives the report under paragraph (3), 
        the Secretary shall issue such regulations as are necessary to 
        implement the requirements of section 150(f) of title 23, 
        United States Code.
            (5) Termination.--The Secretary shall terminate the working 
        group established pursuant to paragraph (1) on the date on 
        which the regulation issued pursuant to paragraph (4) takes 
        effect.
    (g) Transportation System Access Data.--
            (1) In general.--Not later than 90 days after the date on 
        which the Secretary of Transportation establishes the measure 
        required under section 150(f) of title 23, United States Code, 
        the Secretary shall develop or procure eligible transportation 
        system access data sets and analytical tools and make such data 
        sets and analytical tools available to State departments of 
        transportation and metropolitan planning areas that represent 
        transportation management areas.
            (2) Requirements.--An eligible transportation system access 
        data set and analytical tool shall have the following 
        characteristics:
                    (A) The ability to quantify the level of safe, 
                reliable, and convenient transportation system access 
                to--
                            (i) employment;
                            (ii) services; and
                            (iii) connections to other modes of 
                        transportation.
                    (B) The ability to quantify transportation system 
                access for various modes of travel, including--
                            (i) driving;
                            (ii) public transportation;
                            (iii) walking (including conveyance for 
                        persons with disabilities); and
                            (iv) cycling (including micromobility).
                    (C) The ability to disaggregate the level of 
                transportation system access by various transportation 
                modes by a variety of population categories, 
                including--
                            (i) low-income populations;
                            (ii) minority populations;
                            (iii) age;
                            (iv) disability; and
                            (v) geographical location.
                    (D) The ability to assess the change in the level 
                of transportation system access that would result from 
                new transportation investments.
            (3) Consideration.--An eligible transportation system 
        access data set and analytical tool shall take into 
        consideration safe and connected networks for walking, cycling, 
        and persons with disabilities.
    (h) Definitions.--In this section:
            (1) Transportation system access.--The term 
        ``transportation system access'' has the meaning given such 
        term in section 101 of title 23, United States Code.
            (2) Services.--The term ``services'' has the meaning given 
        such term in section 150(f) of title 23, United States Code.

SEC. 1404. TRANSPORTATION DEMAND DATA AND MODELING STUDY.

    (a) Study.--
            (1) In general.--The Secretary of Transportation shall 
        conduct a study on transportation demand data and modeling, 
        including transportation demand forecasting, and make 
        recommendations for developing and utilizing transportation and 
        traffic demand models with a demonstrated record of accuracy.
            (2) Contents.--In carrying out the study under this 
        section, the Secretary shall--
                    (A) collect observed transportation demand data and 
                transportation demand forecasts from States and 
                metropolitan planning organizations, including data and 
                forecasts on--
                            (i) traffic counts;
                            (ii) transportation mode share and public 
                        transportation ridership; and
                            (iii) vehicle occupancy measures;
                    (B) compare the transportation demand forecasts 
                with the observed transportation demand data gathered 
                under subparagraph (A), including an analysis of the 
                level of accuracy of forecasts and possible reasons for 
                large discrepancies; and
                    (C) use the information described in subparagraphs 
                (A) and (B) to--
                            (i) develop best practices and guidance for 
                        States and metropolitan planning organizations 
                        to use in forecasting transportation demand for 
                        future investments in transportation 
                        improvements;
                            (ii) evaluate the impact of transportation 
                        investments, including new roadway capacity, on 
                        transportation behavior and transportation 
                        demand, including public transportation 
                        ridership, induced highway transportation, and 
                        congestion;
                            (iii) support more accurate transportation 
                        demand forecasting by States and metropolitan 
                        planning organizations;
                            (iv) enhance the capacity of States and 
                        metropolitan planning organizations to--
                                    (I) forecast transportation demand; 
                                and
                                    (II) track observed transportation 
                                behavior responses, including induced 
                                transportation, to changes in 
                                transportation capacity, pricing, and 
                                land use patterns; and
                            (v) develop transportation demand 
                        management strategies to maximize the 
                        efficiency of the transportation system, 
                        improve mobility, reduce congestion, and lower 
                        vehicle emissions.
            (3) Covered entities.--In carrying out the study under this 
        section, the Secretary shall ensure that data and forecasts 
        described in paragraph (2)(A) are collected from--
                    (A) States;
                    (B) metropolitan planning organizations that serve 
                an area with a population of 200,000 people or fewer; 
                and
                    (C) metropolitan planning organizations that serve 
                an area with a population of over 200,000 people.
            (4) Working with the private sector.--In carrying out this 
        section, the Secretary may, and is encouraged to, procure 
        additional data as necessary from university transportation 
        centers, private sector providers, and other entities as is 
        needed and may use funds authorized under section 503(b) of 
        title 23, United States Code, for carrying out this paragraph.
            (5) Working with affected communities.--In carrying out 
        this section, the Secretary shall consult with, and collect 
        data and input from, representatives of--
                    (A) the Department of Transportation;
                    (B) State departments of transportation;
                    (C) metropolitan planning organizations;
                    (D) local governments;
                    (E) providers of public transportation;
                    (F) nonprofit entities related to transportation, 
                including safety, cycling, disability, and equity 
                groups; and
                    (G) any other stakeholders, as determined by the 
                Secretary.
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to Congress a report containing 
the findings of the study conducted under subsection (a).
    (c) Secretarial Support.--The Secretary shall seek opportunities to 
support the transportation planning processes under sections 134 and 
135 of title 23, United States Code, through the provision of data to 
States and metropolitan planning organizations to improve the quality 
of transportation plans, models, and demand forecasts.
    (d) Update Guidance and Regulations.--The Secretary shall--
            (1) update Department of Transportation guidance and 
        procedures to utilize best practices documented throughout the 
        Federal program; and
            (2) ensure that best practices included in the report are 
        incorporated into appropriate regulations as such regulations 
        are updated.
    (e) Continuing Improvement.--The Secretary shall set out a process 
to repeat the study under this section every 2 years as part of the 
conditions and performance report, including--
            (1) progress in the accuracy of model projections;
            (2) further recommendations for improvement; and
            (3) further changes to guidance, regulation, and procedures 
        required for the Department of Transportation to adopt best 
        practices.

SEC. 1405. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of 
Federal Regulations, to ensure that the outer years of a metropolitan 
transportation plan are defined as ``beyond the first 4 years''.

           Subtitle E--Federal Lands, Tribes, and Territories

SEC. 1501. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.

    Section 165 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``$158,000,000'' 
                and inserting ``$210,000,000''; and
                    (B) in paragraph (2) by striking ``$42,000,000'' 
                and inserting ``$100,000,000'';
            (2) in subsection (c)(6)(A)(iii) by striking ``in 
        accordance with subsections (b) and (c) of section 129'' and 
        inserting ``including such boats, facilities, and approaches 
        that are privately or majority-privately owned, provided that 
        such boats, facilities, and approaches provide a substantial 
        public benefit''; and
            (3) by adding at the end the following:
    ``(d) Participation of Territories in Discretionary Programs.--For 
any program in which the Secretary may allocate funds out of the 
Highway Trust Fund (other than the Mass Transit Account) to a State at 
the discretion of the Secretary, the Secretary may allocate funds to 
one or more territory for any project or activity that otherwise would 
be eligible under such program if such project or activity was being 
carried out in a State.''.

SEC. 1502. TRIBAL TRANSPORTATION PROGRAM.

    Section 202 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1) by striking ``improving 
                deficient'' and inserting ``the construction and 
                reconstruction of'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by inserting 
                        ``construct,'' after ``project to''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``deficient''; and
                                    (II) by inserting ``in poor 
                                condition'' after ``facility bridges''; 
                                and
                    (C) in paragraph (3)--
                            (i) in the heading by striking ``Eligible 
                        bridges'' and inserting ``Eligibility for 
                        existing bridges'';
                            (ii) by striking ``a bridge'' and inserting 
                        ``an existing bridge''; and
                            (iii) in subparagraph (C) by striking 
                        ``structurally deficient or functionally 
                        obsolete'' and inserting ``in poor condition''; 
                        and
            (2) in subsection (e) by striking ``for eligible projects 
        described in section 148(a)(4).'' and inserting the following: 
        ``for--
                    ``(A) eligible projects described in section 
                148(a)(4);
                    ``(B) projects to promote public awareness and 
                education concerning highway safety matters (including 
                bicycle, all-terrain, motorcyclist, and pedestrian 
                safety); or
                    ``(C) projects to enforce highway safety laws.''.

SEC. 1503. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

    (a) Tribal Transportation Program.--Section 202 of title 23, United 
States Code, is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following:
    ``(f) Tribal High Priority Projects Program.--Before making any 
distribution under subsection (b), the Secretary shall set aside 
$50,000,000 from the funds made available under the tribal 
transportation program for each fiscal year to carry out the Tribal 
High Priority Projects program under section 1123 of MAP-21 (23 U.S.C. 
202 note).''.
    (b) Tribal High Priority Projects Program.--Section 1123 of MAP-21 
(23 U.S.C. 202 note) is amended--
            (1) in subsection (a)(1)(C) by striking ``required by that 
        section'' and inserting ``required under such program'';
            (2) in subsection (b)(1) by striking ``use amounts made 
        available under subsection (h) to'';
            (3) in subsection (d)--
                    (A) in paragraph (2) by inserting ``, in 
                consultation with the Secretary of the Interior,'' 
                after ``The Secretary''; and
                    (B) in paragraph (3) by striking ``of the 
                Interior'' each place it appears;
            (4) in subsection (f) by striking ``$1,000,000'' and 
        inserting ``$5,000,000'';
            (5) in subsection (g) by striking ``and the Secretary'' and 
        inserting ``or the Secretary''; and
            (6) by striking subsection (h) and inserting the following:
    ``(h) Administration.--The funds made available to carry out this 
section shall be administered in the same manner as funds made 
available for the Tribal transportation program under section 202 of 
title 23, United States Code.''.

SEC. 1504. FEDERAL LANDS TRANSPORTATION PROGRAM.

    (a) In General.--Section 203(a) of title 23, United States Code, is 
amended by adding at the end the following:
            ``(6) Transfer for high-commuter corridors.--
                    ``(A) Request.--If the head of a covered agency 
                determines that a high-commuter corridor requires 
                additional investment, based on the criteria described 
                in subparagraph (D), the head of a covered agency, with 
                respect to such corridor, shall submit to the State--
                            ``(i) information on condition of pavements 
                        and bridges;
                            ``(ii) an estimate of the amounts needed to 
                        bring such corridor into a state of good 
                        repair, taking into consideration any planned 
                        future investments; and
                            ``(iii) at the discretion of the head of a 
                        covered agency, a request that the State 
                        transfer to the covered agency, under the 
                        authority of section 132 or section 204, or to 
                        the Federal Highway Administration, under the 
                        authority of section 104, a portion of such 
                        amounts necessary to address the condition of 
                        the corridor.
                    ``(B) State response.--Not later than 45 days after 
                the date of receipt of the request described in 
                subparagraph (A)(iii), the State shall--
                            ``(i) approve the request;
                            ``(ii) deny the request and explain the 
                        reasons for such denial; or
                            ``(iii) request any additional information 
                        necessary to take action on the request.
                    ``(C) Notification to the secretary.--The head of a 
                covered agency shall provide to the Secretary a copy of 
                any request described under subparagraph (A)(iii) and 
                response described under subparagraph (B).
                    ``(D) Criteria.--In making a determination under 
                subparagraph (A), the head of a covered agency, with 
                respect to the corridor, shall consider--
                            ``(i) the condition of roads, bridges, and 
                        tunnels; and
                            ``(ii) the average annual daily traffic.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Covered agency.--The term `covered 
                        agency' means a Federal agency eligible to 
                        receive funds under this section, section 203, 
                        or section 204, including the Army Corps of 
                        Engineers, Bureau of Reclamation, and the 
                        Bureau of Land Management.
                            ``(ii) High-commuter corridor.--The term 
                        `high-commuter corridor' means a highway, 
                        bridge, or other transportation facility for 
                        which title and maintenance responsibility is 
                        vested in the Federal Government that has 
                        average annual daily traffic of not less than 
                        20,000 vehicles.''.
    (b) GAO Study Regarding NPS Maintenance.--
            (1) Study.--The Comptroller General of the United States 
        shall study the National Park Service maintenance 
        prioritization of Federal lands transportation facilities.
            (2) Contents.--At minimum, the study under paragraph (1) 
        shall examine--
                    (A) general administrative maintenance of the 
                National Park Service;
                    (B) how the National Park Service currently 
                prioritizes maintenance of Federal facilities covered 
                under the Federal Lands Transportation Program;
                    (C) what kind of maintenance the National Parkway 
                Service is performing;
                    (D) to what degree does the National Park Service 
                prioritize high-commuter corridors; and
                    (E) how the National Park Service can better 
                service the needs of high commuter corridors.
            (3) Report.--Not later than 1 year after the date of 
        enactment of this Act, the Comptroller General shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Environment and Public 
        Works of the Senate a report summarizing the study and the 
        results of such study, including recommendations for addressing 
        the maintenance needs and prioritization of high-commuter 
        corridors.
            (4) Definition of high-commuter corridor.--In this section, 
        the term ``high-commuter corridor'' means a Federal lands 
        transportation facility that has average annual daily traffic 
        of not less than 20,000 vehicles.

SEC. 1505. FEDERAL LANDS AND TRIBAL MAJOR PROJECTS PROGRAM.

    (a) In General.--Chapter 2 of title 23, United States Code, is 
amended by inserting after section 207 the following:
``Sec. 208. Federal lands and Tribal major projects program
    ``(a) Establishment.--The Secretary shall establish a Federal lands 
and Tribal major projects program (referred to in this section as the 
`program') to provide funding to construct, reconstruct, or 
rehabilitate critical Federal lands and Tribal transportation 
infrastructure.
    ``(b) Eligible Applicants.--
            ``(1) In general.--Except as provided in paragraph (2), 
        entities eligible to receive funds under sections 201, 202, 
        203, and 204 may apply for funding under the program.
            ``(2) Special rule.--A State, county, or unit of local 
        government may only apply for funding under the program if 
        sponsored by an eligible Federal land management agency or 
        Indian Tribe.
    ``(c) Eligible Projects.--An eligible project under the program 
shall be on a Federal lands transportation facility, a Federal lands 
access transportation facility, or a tribal transportation facility, 
except that such facility is not required to be included in an 
inventory described in section 202 or 203, and for which--
            ``(1) the project--
                    ``(A) has completed the activities required under 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.) which has been demonstrated 
                through--
                            ``(i) a record of decision with respect to 
                        the project;
                            ``(ii) a finding that the project has no 
                        significant impact; or
                            ``(iii) a determination that the project is 
                        categorically excluded; or
                    ``(B) is reasonably expected to begin construction 
                not later than 18 months after the date of obligation 
                of funds for the project; and
            ``(2) the project has an estimated cost equal to or 
        exceeding--
                    ``(A) $12,500,000 if it is on a Federal lands 
                transportation facility or a Federal lands access 
                transportation facility; and
                    ``(B) $5,000,000 if it is on a Tribal 
                transportation facility.
    ``(d) Eligible Activities.--Grant amounts received for a project 
under this section may be used for--
            ``(1) development phase activities, including planning, 
        feasibility analysis, revenue forecasting, environmental 
        review, preliminary engineering and design work, and other 
        preconstruction activities; and
            ``(2) construction, reconstruction, and rehabilitation 
        activities.
    ``(e) Applications.--Eligible applicants shall submit to the 
Secretary an application at such time, in such form, and containing 
such information as the Secretary may require.
    ``(f) Project Requirements.--The Secretary may select a project to 
receive funds under the program only if the Secretary determines that 
the project--
            ``(1) improves the condition of critical transportation 
        facilities, including multimodal facilities;
            ``(2) cannot be easily and efficiently completed with 
        amounts made available under section 202, 203, or 204; and
            ``(3) is cost effective.
    ``(g) Merit Criteria.--In making a grant under this section, the 
Secretary shall consider whether the project--
            ``(1) will generate state of good repair, resilience, 
        economic competitiveness, quality of life, mobility, or safety 
        benefits;
            ``(2) in the case of a project on a Federal lands 
        transportation facility or a Federal lands access 
        transportation facility, has costs matched by funds that are 
        not provided under this section or this title; and
            ``(3) generates benefits for land owned by multiple Federal 
        land management agencies or Indian Tribes, or which spans 
        multiple States.
    ``(h) Evaluation and Rating.--To evaluate applications, the 
Secretary shall--
            ``(1) determine whether a project meets the requirements 
        under subsection (f);
            ``(2) evaluate, through a discernable and transparent 
        methodology, how each application addresses one or more merit 
        criteria established under subsection (g);
            ``(3) assign a rating for each merit criteria for each 
        application; and
            ``(4) consider applications only on the basis of such 
        quality ratings and which meet the minimally acceptable level 
        for each of the merit criteria.
    ``(i) Cost Share.--
            ``(1) Federal lands projects.--
                    ``(A) In general.--Notwithstanding section 120, the 
                Federal share of the cost of a project on a Federal 
                lands transportation facility or a Federal lands access 
                transportation facility shall be up to 90 percent.
                    ``(B) Non-federal share.--Notwithstanding any other 
                provision of law, any Federal funds may be used to pay 
                the non-Federal share of the cost of a project carried 
                out under this section.
            ``(2) Tribal projects.--The Federal share of the cost of a 
        project on a Tribal transportation facility shall be 100 
        percent.
    ``(j) Use of Funds.--For each fiscal year, of the amounts made 
available to carry out this section, not more than 50 percent shall be 
used for eligible projects on Federal lands transportation facilities 
or Federal lands access transportation facilities and Tribal 
transportation facilities, respectively.''.
    (b) Clerical Amendment.--The analysis for chapter 2 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 207 the following new item:

``208. Federal lands and Tribal major projects program.''.
    (c) Repeal.--Section 1123 of the FAST Act (23 U.S.C. 201 note), and 
the item related to such section in the table of contents under section 
1(b) of such Act, are repealed.

SEC. 1506. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.

    Section 102 of title 49, United States Code, is amended--
            (1) in subsection (e)(1)--
                    (A) by striking ``6 Assistant'' and inserting ``7 
                Assistant'';
                    (B) in subparagraph (C) by striking ``; and'' and 
                inserting a semicolon;
                    (C) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (D) by inserting after subparagraph (C) the 
                following:
                    ``(D) an Assistant Secretary for Tribal Government 
                Affairs, who shall be appointed by the President; 
                and''; and
            (2) in subsection (f)--
                    (A) in the heading by striking ``Deputy Assistant 
                Secretary for Tribal Government Affairs'' and inserting 
                ``Office of Tribal Government Affairs''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) Establishment.--There is established in the 
        Department an Office of Tribal Government Affairs, under the 
        Assistant Secretary for Tribal Government Affairs, to--
                    ``(A) oversee the Tribal transportation self-
                governance program under section 207 of title 23;
                    ``(B) plan, coordinate, and implement policies and 
                programs serving Indian Tribes and Tribal 
                organizations;
                    ``(C) coordinate Tribal transportation programs and 
                activities in all offices and administrations of the 
                Department;
                    ``(D) provide technical assistance to Indian Tribes 
                and Tribal organizations;
                    ``(E) be a participant in any negotiated 
                rulemakings relating to, or having an impact on, 
                projects, programs, or funding associated with the 
                tribal transportation program under section 202 of 
                title 23; and
                    ``(F) ensure that Department programs have in 
                place, implement, and enforce requirements and 
                obligations for regular and meaningful consultation and 
                collaboration with Tribes and Tribal officials under 
                Executive Order No. 13175 and to serve as the primary 
                advisor to the Secretary and other Department 
                components regarding violations of those 
                requirements.''.

SEC. 1507. ALTERNATIVE CONTRACTING METHODS.

    (a) Land Management Agencies and Tribal Governments.--Section 201 
of title 23, United States Code, is amended by adding at the end the 
following:
    ``(f) Alternative Contracting Methods.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may use a contracting method available to a 
        State under this title on behalf of--
                    ``(A) a Federal land management agency, with 
                respect to any funds available pursuant to section 203 
                or 204;
                    ``(B) a Federal land management agency, with 
                respect to any funds available pursuant to section 1535 
                of title 31 for any eligible use described in sections 
                203(a)(1) and 204(a)(1) of this title; or
                    ``(C) a Tribal Government, with respect to any 
                funds available pursuant to section 202(b)(7)(D).
            ``(2) Methods described.--The contracting methods referred 
        to in paragraph (1) shall include, at a minimum--
                    ``(A) project bundling;
                    ``(B) bridge bundling;
                    ``(C) design-build contracting;
                    ``(D) 2-phase contracting;
                    ``(E) long-term concession agreements; and
                    ``(F) any method tested, or that could be tested, 
                under an experimental program relating to contracting 
                methods carried out by the Secretary.
            ``(3) Rule of construction.--Nothing in this subsection--
                    ``(A) affects the application of the Federal share 
                for a project carried out with a contracting method 
                under this subsection; or
                    ``(B) modifies the point of obligation of Federal 
                salaries and expenses.''.
    (b) Use of Alternative Contracting Method.--In carrying out the 
amendments made by this section, the Secretary shall--
            (1) in consultation with the applicable Federal land 
        management agencies, establish procedures that are--
                    (A) applicable to each alternative contracting 
                method; and
                    (B) to the maximum extent practicable, consistent 
                with requirements for Federal procurement transactions;
            (2) solicit input on the use of each alternative 
        contracting method from any affected industry prior to using 
        such method; and
            (3) analyze and prepare an evaluation of the use of each 
        alternative contracting method.

SEC. 1508. DIVESTITURE OF FEDERALLY OWNED BRIDGES.

    (a) In General.--The Commissioner of the Bureau of Reclamation may 
transfer ownership of a bridge that is owned by the Bureau of 
Reclamation if--
            (1) the ownership of the bridge is transferred to a State 
        with the concurrence of such State;
            (2) the State to which ownership is transferred agrees to 
        operate and maintain the bridge;
            (3) the transfer of ownership complies with all applicable 
        Federal requirements, including--
                    (A) section 138 of title 23, United States Code;
                    (B) section 306108 of title 54, United States Code; 
                and
                    (C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
            (4) the Bureau of Reclamation and the State to which 
        ownership is being transferred jointly notify the Secretary of 
        Transportation of the intent to conduct a transfer prior to 
        such transfer.
    (b) Access.--In a transfer of ownership of a bridge under this 
section, the Commissioner of the Bureau of Reclamation--
            (1) shall not be required to transfer ownership of the land 
        on which the bridge is located or any adjacent lands; and
            (2) shall make arrangements with the State to which 
        ownership is being transferred to allow for adequate access to 
        such bridge, including for the purposes of construction, 
        maintenance, and bridge inspections pursuant to section 144 of 
        title 23, United States Code.

SEC. 1509. STUDY ON FEDERAL FUNDING AVAILABLE TO INDIAN TRIBES.

    Not later than January 31 of each year, the Secretary of 
Transportation shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report that--
            (1) identifies the number of Indian Tribes that were direct 
        recipients of funds under any discretionary Federal highway, 
        transit, or highway safety program in the prior fiscal year;
            (2) lists the total amount of such funds made available 
        directly to such Tribes;
            (3) identifies the number and location of Indian Tribes 
        that were indirect recipients of funds under any formula-based 
        Federal highway, transit, or highway safety program in the 
        prior fiscal year; and
            (4) lists the total amount of such funds made available 
        indirectly to such tribes through states or other direct 
        recipients of Federal highway, transit or highway safety 
        funding.

SEC. 1510. GAO STUDY.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the deferred maintenance of United States forest 
roads, including--
            (1) the current backlog;
            (2) the current actions on such maintenance and backlog;
            (3) the impacts of public safety due to such deferred 
        maintenance; and
            (4) recommendations for Congress on ways to address such 
        backlog.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report containing the results of the study conducted under 
subsection (a).

                   Subtitle F--Additional Provisions

SEC. 1601. VISION ZERO.

    (a) In General.--A local government, metropolitan planning 
organization, or regional transportation planning organization may 
develop and implement a vision zero plan to significantly reduce or 
eliminate transportation-related fatalities and serious injuries within 
a specified timeframe, not to exceed 20 years.
    (b) Use of Funds.--Amounts apportioned to a State under paragraph 
(2) or (3) of section 104(b) of title 23, United States Code, may be 
used to carry out a vision zero plan under this section.
    (c) Contents of Plan.--A vision zero plan under this section shall 
include--
            (1) a description of programs, strategies, or policies 
        intended to significantly reduce or eliminate transportation-
        related fatalities and serious injuries within a specified 
        timeframe, not to exceed 20 years, that is consistent with a 
        State strategic highway safety plan and uses existing 
        transportation data and consideration of risk factors;
            (2) plans for implementation of, education of the public 
        about, and enforcement of such programs, strategies, or 
        policies;
            (3) a description of how such programs, strategies, or 
        policies, and the enforcement of such programs, strategies, or 
        policies will--
                    (A) equitably invest in the safety needs of low-
                income and minority communities;
                    (B) ensure that such communities are not 
                disproportionately targeted by law enforcement; and
                    (C) protect the rights of members of such 
                communities with respect to title VI of the Civil 
                Rights Act of 1964 (42 U.S.C. 2000d et seq.); and
            (4) a description of a mechanism to evaluate progress of 
        the development and implementation of the plan, including the 
        gathering and use of transportation safety and demographic 
        data.
    (d) Inclusions.--A vision zero plan may include a complete streets 
prioritization plan that identifies a specific list of projects to--
            (1) create a connected network of active transportation 
        facilities, including sidewalks, bikeways, or pedestrian and 
        bicycle trails, to connect communities and provide safe, 
        reliable, affordable, and convenient access to employment, 
        housing, and services, consistent with the goals described in 
        section 150(b) of title 23, United States Code;
            (2) integrate active transportation facilities with public 
        transportation service or improve access to public 
        transportation; and
            (3) improve transportation options for low-income and 
        minority communities.
    (e) Coordination.--A vision zero plan under this section shall 
provide for coordination of various subdivisions of a unit of local 
government in the implementation of the plan, including subdivisions 
responsible for law enforcement, public health, data collection, and 
public works.
    (f) Safety Performance Management.--A vision zero plan under this 
section is not sufficient to demonstrate compliance with the safety 
performance or planning requirements of section 148 or 150 of title 23, 
United States Code.

SEC. 1602. SPEED LIMITS.

    (a) Speed Limits.--The Secretary of Transportation shall revise the 
Manual on Uniform Traffic Control Devices to provide for a safe system 
approach to setting speed limits, consistent with the safety 
recommendations issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-27 and H-17-028.
    (b) Considerations.--In carrying out subparagraph (A), the 
Secretary shall consider--
            (1) crash statistics;
            (2) road geometry characteristics;
            (3) roadside characteristics;
            (4) traffic volume;
            (5) the possibility and likelihood of human error;
            (6) human injury tolerance;
            (7) the prevalence of vulnerable road users; and
            (8) any other consideration, consistent with a safe system 
        approach, as determined by the Secretary.
    (c) Report on Speed Management Program Plan.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall update and 
report on the implementation progress of the Speed Management Program 
Plan of the Department of Transportation, as described in the safety 
recommendation issued by the National Transportation Safety Board on 
August 15, 2017, numbered H-17-018.
    (d) Definitions.--In this section, the terms ``safe system 
approach'' and ``vulnerable road user'' have the meanings given such 
terms in section 148(a) of title 23, United States Code.

SEC. 1603. BROADBAND INFRASTRUCTURE DEPLOYMENT.

    (a) Definitions.--In this section:
            (1) Appropriate state agency.--The term ``appropriate State 
        agency'' means a State governmental agency that is recognized 
        by the executive branch of the State as having the experience 
        necessary to evaluate and facilitate the installation and 
        operation of broadband infrastructure within the State.
            (2) Broadband.--The term ``broadband'' has the meaning 
        given the term ``advanced telecommunications capability'' in 
        section 706 of the Telecommunications Act of 1996 (47 U.S.C. 
        1302).
            (3) Broadband conduit.--The term ``broadband conduit'' 
        means a conduit or innerduct for fiber optic cables (or 
        successor technology of greater quality and speed) that 
        supports the provision of broadband.
            (4) Broadband infrastructure.--The term ``broadband 
        infrastructure'' means any buried or underground facility and 
        any wireless or wireline connection that enables the provision 
        of broadband.
            (5) Broadband provider.--The term ``broadband provider'' 
        means an entity that provides broadband to any person or 
        facilitates provision of broadband to any person, including, 
        with respect to such entity--
                    (A) a corporation, company, association, firm, 
                partnership, nonprofit organization, or any other 
                private entity;
                    (B) a State or local broadband provider;
                    (C) an Indian Tribe; and
                    (D) a partnership between any of the entities 
                described in subparagraphs (A), (B), and (C).
            (6) Covered highway construction project.--
                    (A) In general.--The term ``covered highway 
                construction project'' means, without regard to 
                ownership of a highway, a project to construct a new 
                highway or an additional lane for an existing highway, 
                to reconstruct an existing highway, or new 
                construction, including for a paved shoulder.
                    (B) Exclusions.--The term ``covered highway 
                construction project'' excludes any project--
                            (i) awarded before the date on which 
                        regulations required under subsection (b) take 
                        effect;
                            (ii) that does not include work beyond the 
                        edge of pavement or current paved shoulder; or
                            (iii) that does not require excavation.
            (7) Dig once requirement.--The term ``dig once 
        requirement'' means a requirement designed to reduce the cost 
        and accelerate the deployment to broadband by minimizing the 
        number and scale of repeated excavations for the installation 
        and maintenance of broadband conduit or broadband 
        infrastructure in rights-of-way.
            (8) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4(e) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304(e)).
            (9) NTIA administrator.--The term ``NTIA Administrator'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (10) Project.--The term ``project'' has the meaning given 
        such term in section 101 of title 23, United States Code.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (12) State.--The term ``State'' has the meaning given such 
        term in section 401 of title 23, United States Code.
            (13) State or local broadband provider.--The term ``State 
        or local broadband provider'' means a State or political 
        subdivision thereof, or any agency, authority, or 
        instrumentality of a State or political subdivision thereof, 
        that provides broadband to any person or facilitates the 
        provision of broadband to any person in that State.
            (14) Tribal government.--The term ``Tribal government'' 
        means the recognized governing body of an Indian Tribe or any 
        agency, authority, or instrumentality of such governing body or 
        such Indian Tribe.
    (b) Dig Once Requirement.--To facilitate the installation of 
broadband infrastructure, the Secretary shall, not later than 9 months 
after the date of enactment of this Act, promulgate regulations to 
ensure that each State that receives funds under chapter 1 of title 23, 
United States Code, meets the following requirements:
            (1) Broadband planning.--The State department of 
        transportation, in consultation with appropriate State 
        agencies, shall--
                    (A) identify a broadband coordinator, who may have 
                additional responsibilities in the State department of 
                transportation or in another State agency, that is 
                responsible for facilitating the broadband 
                infrastructure right-of-way efforts within the State; 
                and
                    (B) review existing State broadband plans, 
                including existing dig once requirements of the State, 
                municipal governments incorporated under State law, and 
                Tribal governments within the State, to determine 
                opportunities to coordinate projects occurring within 
                or across highway rights-of-way with planned broadband 
                infrastructure projects.
            (2) Notice of planned construction for broadband 
        providers.--
                    (A) Notice.--The State department of 
                transportation, in consultation with appropriate State 
                agencies, shall establish a process--
                            (i) for the registration of broadband 
                        providers that seek to be included in the 
                        advance notification of, and opportunity to 
                        participate in, broadband infrastructure right-
                        of-way facilitation efforts within the State; 
                        and
                            (ii) to electronically notify all broadband 
                        providers registered under clause (i)--
                                    (I) of the State transportation 
                                improvement program on at least an 
                                annual basis; and
                                    (II) of projects within the highway 
                                right-of-way for which Federal funding 
                                is expected to be obligated in the 
                                subsequent fiscal year.
                    (B) Website.--A State department of transportation 
                shall be considered to meet the requirements of 
                subparagraph (A) if such State department of 
                transportation publishes on a public website--
                            (i) the State transportation improvement 
                        program on at least an annual basis; and
                            (ii) projects within the highway right-of-
                        way for which Federal funding is expected to be 
                        obligated in the subsequent fiscal year.
                    (C) Coordination.--The State department of 
                transportation, in consultation with appropriate State 
                agencies, shall establish a process for a broadband 
                provider to commit to installing broadband conduit or 
                broadband infrastructure as part of any project.
            (3) Required installation of conduit.--
                    (A) In general.--The State department of 
                transportation shall install broadband conduit, in 
                accordance with this paragraph, except as described in 
                subparagraph (F), as part of any covered highway 
                construction project, unless a broadband provider has 
                committed to install broadband conduit or broadband 
                infrastructure as part of such project in a process 
                described under paragraph (2)(C).
                    (B) Installation requirements.--The State 
                department of transportation shall ensure that--
                            (i) an appropriate number of broadband 
                        conduits, as determined in consultation with 
                        the appropriate State agencies, are installed 
                        along the highway of a covered highway 
                        construction project to accommodate multiple 
                        broadband providers, with consideration given 
                        to the availability of existing conduits;
                            (ii) the size of each such conduit is 
                        consistent with industry best practices and is 
                        sufficient to accommodate potential demand, as 
                        determined in consultation with the appropriate 
                        State agencies;
                            (iii) hand holes and manholes necessary for 
                        fiber access and pulling with respect to such 
                        conduit are placed at intervals consistent with 
                        standards determined in consultation with the 
                        appropriate State agencies (which may differ by 
                        type of road, topologies, and rurality) and 
                        consistent with safety requirements;
                            (iv) each broadband conduit installed 
                        pursuant to this paragraph includes a pull tape 
                        and is capable of supporting fiber optic cable 
                        placement techniques consistent with best 
                        practices; and
                            (v) is placed at a depth consistent with 
                        requirements of the covered highway 
                        construction project and best practices and 
                        that, in determining the depth of placement, 
                        consideration is given to the location of 
                        existing utilities and cable separation 
                        requirements of State and local electrical 
                        codes.
                    (C) Guidance for the installation of broadband 
                conduit.--The Secretary, in consultation with the NTIA 
                Administrator, shall issue guidance for best practices 
                related to the installation of broadband conduit as 
                described in this paragraph and of conduit and similar 
                infrastructure for intelligent transportation systems 
                (as such term is defined in section 501 of title 23, 
                United States Code) that may utilize broadband conduit 
                installed pursuant to this paragraph.
                    (D) Access.--
                            (i) In general.--The State department of 
                        transportation shall ensure that any requesting 
                        broadband provider has access to each broadband 
                        conduit installed pursuant to this paragraph, 
                        on a competitively neutral and 
                        nondiscriminatory basis, and in accordance with 
                        State permitting, licensing, leasing, or other 
                        similar laws and regulations.
                            (ii) Fee schedule.--The State department of 
                        transportation, in consultation with 
                        appropriate State agencies, shall publish a fee 
                        schedule for a broadband provider to access 
                        conduit installed pursuant to this paragraph. 
                        Fees in such schedule--
                                    (I) shall be consistent with the 
                                fees established pursuant to section 
                                224 of the Communications Act of 1934 
                                (47 U.S.C. 224);
                                    (II) may vary by topography, 
                                location, type of road, rurality, and 
                                other factors in the determination of 
                                the State; and
                                    (III) may be updated not more 
                                frequently than annually.
                            (iii) In-kind compensation.--The State 
                        department of transportation may negotiate in-
                        kind compensation with any broadband provider 
                        requesting access to broadband conduit 
                        installed under the provisions of this 
                        paragraph as a replacement for part or all of, 
                        but not to exceed, the relevant fee in the fee 
                        schedule described in clause (ii).
                            (iv) Safety considerations.--The State 
                        department of transportation shall require of 
                        broadband providers a process for safe access 
                        to the highway right-of-way during installation 
                        and on-going maintenance of the broadband fiber 
                        optic cables including a traffic control safety 
                        plan.
                            (v) Communication.--A broadband provider 
                        with access to the conduit installed pursuant 
                        to this subsection shall notify and receive 
                        permission from the relevant agencies of State 
                        responsible for the installation of such 
                        broadband conduit prior to accessing any 
                        highway or highway right-of-way, in accordance 
                        with applicable Federal requirements.
                    (E) Treatment of projects.--Notwithstanding any 
                other provision of law, broadband conduit and broadband 
                infrastructure installation projects under this 
                paragraph shall comply with section 113(a) of title 23, 
                United States Code.
                    (F) Waiver authority.--
                            (i) In general.--A State department of 
                        transportation may waive the required 
                        installation of broadband conduit for part or 
                        all of any covered highway construction project 
                        under this paragraph if, in the determination 
                        of the State--
                                    (I) broadband infrastructure, 
                                terrestrial broadband infrastructure, 
                                aerial broadband fiber cables, or 
                                broadband conduit is present near a 
                                majority of the length of the covered 
                                highway construction project;
                                    (II) the installation of conduit 
                                increases overall costs of a covered 
                                highway construction project by 1.5 
                                percent or greater;
                                    (III) the installation of broadband 
                                conduit associated with covered highway 
                                construction project will not be 
                                utilized or connected to future 
                                broadband infrastructure in the next 20 
                                years, in the determination of the 
                                State department of transportation, in 
                                consultation with appropriate State 
                                agencies and potentially affected local 
                                governments and Tribal governments;
                                    (IV) the requirements of this 
                                paragraph would require installation of 
                                conduit redundant with a dig once 
                                requirement of a local or Tribal 
                                government;
                                    (V) there exists a circumstance 
                                involving force majeure; or
                                    (VI) other relevant factors, as 
                                determined by the Secretary in 
                                consultation with the NTIA 
                                Administrator through regulation, 
                                warrant a waiver.
                            (ii) Contents of waiver.--A waiver 
                        authorized under this subparagraph shall--
                                    (I) identify the covered highway 
                                construction project; and
                                    (II) include a brief description of 
                                the determination of the State for 
                                issuing such waiver.
                            (iii) Availability of waiver.--A waiver 
                        authorized under this subparagraph shall be 
                        included in the plans, specifications, and 
                        estimates for the associated project, as long 
                        as such info is publicly available.
            (4) Priority.--If a State provides for the installation of 
        broadband infrastructure or broadband conduit in the right-of-
        way of an applicable project under this subsection, the State 
        department of transportation, along with appropriate State 
        agencies, shall carry out appropriate measures to ensure that 
        any existing broadband providers are afforded equal opportunity 
        access, as compared to other broadband providers, with respect 
        to the program under this subsection.
            (5) Consultation.--
                    (A) In general.--In promulgating regulations 
                required by this subsection or to implement any part of 
                this section, the Secretary shall consult--
                            (i) the NTIA Administrator;
                            (ii) the Federal Communications Commission;
                            (iii) State departments of transportation;
                            (iv) appropriate State agencies;
                            (v) agencies of local governments 
                        responsible for transportation and rights-of-
                        way, utilities, and telecommunications and 
                        broadband;
                            (vi) Tribal governments;
                            (vii) broadband providers; and
                            (viii) manufacturers of optical fiber, 
                        conduit, pull tape, and related items.
                    (B) Broadband users.--The Secretary shall ensure 
                that the entities consulted under clauses (iii) through 
                (vi) of subparagraph (A) include rural areas and 
                populations with limited access to broadband 
                infrastructure.
                    (C) Broadband providers.--The Secretary shall 
                ensure that the entities consulted under clause (vii) 
                of subparagraph (A) include entities who provide 
                broadband to rural areas and populations with limited 
                access to broadband infrastructure.
            (6) Prohibition on unfunded mandate.--
                    (A) In general.--This subsection shall apply only 
                to projects for which Federal obligations or 
                expenditures are initially approved on or after the 
                date regulations required under this subsection take 
                effect.
                    (B) No mandate.--Absent an available and dedicated 
                Federal source of funding--
                            (i) nothing in this subsection establishes 
                        a mandate or requirement that a State install 
                        broadband conduit in a highway right-of-way; 
                        and
                            (ii) nothing in paragraph (3) shall 
                        establish any requirement for a State.
            (7) Rules of construction.--
                    (A) State law.--Nothing in this subsection shall be 
                construed to require a State to install or allow the 
                installation of broadband conduit or broadband 
                infrastructure--
                            (i) that is otherwise inconsistent with 
                        what is allowable under State law; or
                            (ii) where the State lacks the authority or 
                        property easement necessary for such 
                        installation.
                    (B) No requirement for installation of mobile 
                services equipment.--Nothing in this section shall be 
                construed to require a State, a municipal government 
                incorporated under State law, or an Indian Tribe to 
                install or allow for the installation of equipment 
                essential for the provision of commercial mobile 
                services (as defined in section 332(d) of the 
                Communications Act of 1934 (47 U.S.C. 332(d))) or 
                commercial mobile data service (as defined in section 
                6001 of the Middle Class Tax Relief and Job Creation 
                Act of 2012 (47 U.S.C. 1401)), other than broadband 
                conduit and associated equipment described in paragraph 
                (3)(B).
    (c) Relation to State Dig Once Requirements.--Nothing in subsection 
(b) or any regulations promulgated under subsection (b) shall be 
construed to alter or supersede any provision of a State law or 
regulation that provides for a dig once requirement that includes 
similar or more stringent requirements to the provisions of subsection 
(b) and any regulations promulgated under subsection (b).
    (d) Dig Once Funding Task Force.--
            (1) Establishment.--There is established an independent 
        task force on funding the nationwide dig once requirement 
        described in this section to be known as the ``Dig Once Funding 
        Task Force'' (hereinafter referred to as the ``Task Force'').
            (2) Duties.--The duties of the Task Force shall be to--
                    (A) estimate the annual cost for implementing and 
                administering a nationwide dig once requirement; and
                    (B) propose and evaluate options for funding a 
                nationwide dig once requirement described in this 
                section that includes--
                            (i) a discussion of the role and potential 
                        share of costs of--
                                    (I) the Federal Government;
                                    (II) State, local, and Tribal 
                                governments; and
                                    (III) broadband providers; and
                            (ii) consideration of the role of existing 
                        dig once requirements of State, local, and 
                        Tribal governments and private broadband 
                        investment, with a goal to not discourage or 
                        disincentivize such dig once requirements or 
                        such investment.
            (3) Reports.--
                    (A) Interim report and briefing.--Not later than 9 
                months after the date of enactment of this Act, the 
                Task Force shall submit an interim report to Congress 
                and provide briefings for Congress on the findings of 
                the Task Force.
                    (B) Final report.--Not later than 12 months after 
                the date of enactment of this Act, the Task Force shall 
                submit a final report to Congress on the findings of 
                the Task Force.
            (4) Members.--
                    (A) Appointments.--The Task Force shall consist of 
                14 members, consisting of--
                            (i) the two co-chairs described in 
                        subparagraph (B);
                            (ii) six members jointly appointed by the 
                        Speaker and minority leader of the House of 
                        Representatives, in consultation with the 
                        respective Chairs and Ranking Members of the--
                                    (I) the Committee on Transportation 
                                and Infrastructure of the House of 
                                Representatives;
                                    (II) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                    (III) the Committee on 
                                Appropriations of the House of 
                                Representatives; and
                            (iii) six members jointly appointed by the 
                        majority leader and minority leader of the 
                        Senate, in consultation with the respective 
                        Chairs and Ranking Members of the--
                                    (I) the Committee on Environment 
                                and Public Works of the Senate;
                                    (II) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate; and
                                    (III) the Committee on 
                                Appropriations of the Senate.
                    (B) Co-chairs.--The Task Force shall be co-chaired 
                by the Secretary and the NTIA Administrator, or their 
                designees.
                    (C) Composition.--The Task Force shall include at 
                least--
                            (i) one representative from a State 
                        department of transportation;
                            (ii) one representative from a local 
                        government;
                            (iii) one representative from a Tribal 
                        government;
                            (iv) one representative from a broadband 
                        provider;
                            (v) one representative from a State or 
                        local broadband provider;
                            (vi) one representative from a labor union; 
                        and
                            (vii) one representative from a public 
                        interest organization.
                    (D) Appointment deadline.--Members shall be 
                appointed to the Task Force not later than 60 days 
                after the date of enactment of this Act.
                    (E) Effect of lack of appointment by appointment 
                date.--If one or more appointments required under 
                subparagraph (A) is not made by the appointment date 
                specified in subparagraph (D), the authority to make 
                such appointment or appointments shall expire and the 
                number of members of the Task Force shall be reduced by 
                the number equal to the number of appointments so 
                expired.
                    (F) Terms.--Members shall be appointed for the life 
                of the Task Force. A vacancy in the Task Force shall 
                not affect its powers and shall be filled in the same 
                manner as the initial appointment was made.
            (5) Consultations.--In carrying out the duties required 
        under this subsection, the Task Force shall consult, at a 
        minimum--
                    (A) the Federal Communications Commission;
                    (B) agencies of States including--
                            (i) State departments of transportation; 
                        and
                            (ii) appropriate State agencies;
                    (C) agencies of local governments responsible for 
                transportation and rights of way, utilities, and 
                telecommunications and broadband;
                    (D) Tribal governments;
                    (E) broadband providers and other 
                telecommunications providers;
                    (F) labor unions; and
                    (G) State or local broadband providers and Tribal 
                governments that act as broadband providers.
            (6) Additional provisions.--
                    (A) Expenses for non-federal members.--Non-Federal 
                members of the Task Force shall be allowed travel 
                expenses, including per diem in lieu of subsistence, at 
                rates authorized for employees under subchapter I of 
                chapter 57 of title 5, United States Code, while away 
                from their homes or regular places of business in the 
                performance of services for the Task Force.
                    (B) Staff.--Staff of the Task Force shall comprise 
                detailees with relevant expertise from the Department 
                of Transportation and the National Telecommunications 
                and Information Administration, or another Federal 
                agency the co-chairpersons consider appropriate, with 
                the consent of the head of the Federal agency, and such 
                detailee shall retain the rights, status, and 
                privileges of his or her regular employment without 
                interruption.
                    (C) Administrative assistance.--The Secretary and 
                NTIA Administrator shall provide to the Task Force on a 
                reimbursable basis administrative support and other 
                services for the performance of the functions of the 
                Task Force.
            (7) Termination.--The Task Force shall terminate not later 
        than 90 days after issuance of the final report required under 
        paragraph (3)(B).
    (e) GAO Study.--The Comptroller General of the United States shall 
conduct a study on the deployment of broadband infrastructure to cities 
and counties with a population of not less than 2,500 and not more than 
50,000.

SEC. 1604. STORMWATER BEST MANAGEMENT PRACTICES.

    (a) Study.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Transportation and the 
        Administrator shall seek to enter into an agreement with the 
        Transportation Research Board of the National Academy of 
        Sciences to under which the Transportation Research Board shall 
        conduct a study--
                    (A) to estimate pollutant loads from stormwater 
                runoff from highways and pedestrian facilities eligible 
                for assistance under title 23, United States Code, to 
                inform the development of appropriate total maximum 
                daily load requirements;
                    (B) to provide recommendations (including 
                recommended revisions to existing laws and regulations) 
                regarding the evaluation and selection by State 
                departments of transportation of potential stormwater 
                management and total maximum daily load compliance 
                strategies within a watershed, including environmental 
                restoration and pollution abatement carried out under 
                section 328 of title 23, United States Code;
                    (C) to examine the potential for the Secretary to 
                assist State departments of transportation in carrying 
                out and communicating stormwater management practices 
                for highways and pedestrian facilities that are 
                eligible for assistance under title 23, United States 
                Code, through information-sharing agreements, database 
                assistance, or an administrative platform to provide 
                the information described in subparagraphs (A) and (B) 
                to entities issued permits under the Federal Water 
                Pollution Control Act (33 U.S.C. 1251 et seq.); and
                    (D) to examine the benefit of concentrating 
                stormwater retrofits in impaired watersheds and 
                selecting such retrofits according to a process that 
                depends on a watershed management plan developed in 
                accordance with section 319 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1329).
            (2) Requirements.--In conducting the study under the 
        agreement entered into pursuant to paragraph (1), the 
        Transportation Research Board shall--
                    (A) review and supplement, as appropriate, the 
                methodologies examined and recommended in the 2019 
                report of the National Academies of Sciences, 
                Engineering, and Medicine titled ``Approaches for 
                Determining and Complying with TMDL Requirements 
                Related to Roadway Stormwater Runoff'';
                    (B) consult with--
                            (i) the Secretary of Transportation;
                            (ii) the Secretary of Agriculture;
                            (iii) the Administrator;
                            (iv) the Secretary of the Army, acting 
                        through the Chief of Engineers; and
                            (v) State departments of Transportation; 
                        and
                    (C) solicit input from--
                            (i) stakeholders with experience in 
                        implementing stormwater management practices 
                        for projects; and
                            (ii) educational and technical stormwater 
                        management groups.
            (3) Report.--In carrying out the agreement entered into 
        pursuant to paragraph (1), not later than 18 months after the 
        date of enactment of this Act, the Transportation Research 
        Board shall submit to the Secretary of Transportation, the 
        Administrator, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and the 
        Committee on Environment and Public Works of the Senate a 
        report describing the results of the study.
    (b) Stormwater Best Management Practices Reports.--
            (1) Reissuance.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall update and 
        reissue the best management practices reports to reflect new 
        information and advancements in stormwater management.
            (2) Updates.--Not less frequently than once every 5 years 
        after the date on which the Secretary reissues the best 
        management practices reports under paragraph (1), the Secretary 
        shall update and reissue the best management practices reports, 
        unless the contents of the best management practices reports 
        have been incorporated (including by reference) into applicable 
        regulations of the Secretary.
    (c) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Best management practices reports.--The term ``best 
        management practices reports'' means--
                    (A) the 2014 report sponsored by the Department of 
                Transportation titled ``Determining the State of the 
                Practice in Data Collection and Performance Measurement 
                of Stormwater Best Management Practices'' (FHWA-HEP-16-
                021); and
                    (B) the 2000 report sponsored by the Department of 
                Transportation titled ``Stormwater Best Management 
                Practices in an Ultra-Urban Setting: Selection and 
                Monitoring''.
            (3) Total maximum daily load.--The term ``total maximum 
        daily load'' has the meaning given such term in section 130.2 
        of title 40, Code of Federal Regulations (or successor 
        regulations).

SEC. 1605. PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT-OF-WAY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Architectural and Transportation Barriers 
Compliance Board established under section 502(a)(1) of the 
Rehabilitation Act of 1973 (29 U.S.C. 792), in consultation with the 
Secretary of Transportation, shall establish accessibility guidelines 
setting forth minimum standards for pedestrian facilities in the public 
right-of-way.
    (b) Content of Guidance.--The guidelines described in subsection 
(a) shall be substantially similar to, and carried out under the same 
statutory authority as--
            (1) the notice of proposed rulemaking published on July 26, 
        2011, titled ``Accessibility Guidelines for Pedestrian 
        Facilities in the Public Right-of-Way'' (76 Fed. Reg. 44664); 
        and
            (2) the supplemental notice of proposed rulemaking 
        published on February 13, 2013, titled ``Accessibility 
        Guidelines for Pedestrian Facilities in the Public Right-of-
        Way; Shared Use Paths'' (78 Fed. Reg. 10110).
    (c) Adoption of Regulations.--Not later than 180 days after the 
establishment of the guidelines pursuant to subsection (a), the 
Secretary shall issue such regulations as are necessary to adopt such 
guidelines.

SEC. 1606. HIGHWAY FORMULA MODERNIZATION REPORT.

    (a) Highway Formula Modernization Study.--
            (1) In general.--The Secretary of Transportation, in 
        consultation with the State departments of transportation and 
        representatives of local governments (including metropolitan 
        planning organizations), shall conduct a highway formula 
        modernization study to assess the method and data used to 
        apportion Federal-aid highway funds under subsections (b) and 
        (c) of section 104 of title 23, United States Code, and issue 
        recommendations on such method and data.
            (2) Assessment.--The highway formula modernization study 
        required under paragraph (1) shall include an assessment of, 
        based on the latest available data, whether the apportionment 
        method under such section results in--
                    (A) an equitable distribution of funds based on the 
                estimated tax payments attributable to--
                            (i) highway users in the State that are 
                        paid into the Highway Trust Fund; and
                            (ii) individuals in the State that are paid 
                        to the Treasury, based on contributions to the 
                        Highway Trust Fund from the general fund of the 
                        Treasury; and
                    (B) the achievement of the goals described in 
                section 101(b)(3) of title 23, United States Code.
            (3) Considerations.--In carrying out the assessment under 
        paragraph (2), the Secretary shall consider the following:
                    (A) The factors described in sections 104(b), 
                104(f)(2), 104(h)(2), 130(f), and 144(e) of title 23, 
                United States Code, as in effect on the date of 
                enactment of SAFETEA-LU (Public Law 109-59).
                    (B) The availability and accuracy of data necessary 
                to calculate formula apportionments under the factors 
                described in subparagraph (A).
                    (C) The measures established under section 150 of 
                title 23, United States Code, and whether such measures 
                are appropriate for consideration as formula 
                apportionment factors.
                    (D) The results of the CMAQ formula modernization 
                study required under subsection (b).
                    (E) Any other factors that the Secretary determines 
                are appropriate.
            (4) Recommendations.--The Secretary shall, in consultation 
        with the State departments of transportation and 
        representatives of local governments (including metropolitan 
        planning organizations), develop recommendations on a new 
        apportionment method, including--
                    (A) the factors recommended to be included in such 
                apportionment method;
                    (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                    (C) any other recommendations to ensure that the 
                apportionment method best achieves an equitable 
                distribution of funds described under paragraph (2)(A) 
                and the goals described in paragraph (2)(B).
    (b) CMAQ Formula Modernization Study.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, shall conduct an CMAQ formula modernization 
        study to assess whether the apportionment method under section 
        104(b)(4) of title 23, United States Code, results in a 
        distribution of funds that best achieves the air quality goals 
        of section 149 of such title.
            (2) Considerations.--In providing consultation under this 
        subsection, the Administrator of the Environmental Protection 
        Agency shall provide to the Secretary an analysis of--
                    (A) factors that contribute to the apportionment, 
                including population, types of pollutants, and severity 
                of pollutants, as such factors were determined on the 
                date prior to the date of enactment of MAP-21;
                    (B) the weighting of the factors listed under 
                subparagraph (A); and
                    (C) the recency of the data used in making the 
                apportionment under section 104(b)(4) of title 23, 
                United States Code.
            (3) Recommendations.--If, in conducting the study under 
        this subsection, the Secretary finds that modifying the 
        apportionment method under section 104(b)(4) of title 23, 
        United States Code, would best achieve the air quality goals of 
        section 149 of title 23, United States Code, the Secretary 
        shall, in consultation with the Administrator, include in such 
        study recommendations for a new apportionment method, 
        including--
                    (A) the factors recommended to be included in such 
                apportionment method;
                    (B) the weighting recommended to be applied to the 
                factors under subparagraph (A); and
                    (C) any other recommendations to ensure that the 
                apportionment method best achieves the air quality 
                goals section 149 of such title.
    (c) Report.--No later than 2 years after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report containing the 
results of the highway formula modernization study and the CMAQ formula 
modernization study.

SEC. 1607. CONSOLIDATION OF PROGRAMS.

    Section 1519 of MAP-21 (Public Law 112-141) is amended--
            (1) in subsection (a)--
                    (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal years 2022 through 2025''; and
                    (B) by striking ``$3,500,000'' and inserting 
                ``$4,000,000'';
            (2) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
            (3) by inserting after subsection (a) the following:
    ``(b) Federal Share.--The Federal share of the cost of a project or 
activity carried out under subsection (a) shall be 100 percent.''.

SEC. 1608. STUDENT OUTREACH REPORT TO CONGRESS.

    (a) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate a 
report that describes the efforts of the Department of Transportation 
to encourage elementary, secondary, and post-secondary students to 
pursue careers in the surface transportation sector.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) a description of efforts to increase awareness of 
        careers related to surface transportation among elementary, 
        secondary, and post-secondary students;
            (2) a description of efforts to prepare and inspire such 
        students for surface transportation careers;
            (3) a description of efforts to support the development of 
        a diverse, well-qualified workforce for future surface 
        transportation needs; and
            (4) the effectiveness of the efforts described in 
        paragraphs (1) through (3).

SEC. 1609. TASK FORCE ON DEVELOPING A 21ST CENTURY SURFACE 
              TRANSPORTATION WORKFORCE.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall establish a task 
force on developing a 21st century surface transportation workforce (in 
this section referred to as the ``Task Force'').
    (b) Duties.--Not later than 12 months after the establishment of 
the Task Force under subsection (a), the Task Force shall develop and 
submit to the Secretary recommendations and strategies for the 
Department of Transportation to--
            (1) evaluate the current and future state of the surface 
        transportation workforce, including projected job needs in the 
        surface transportation sector;
            (2) identify factors influencing individuals pursuing 
        careers in surface transportation, including barriers to 
        attracting individuals into the workforce;
            (3) address barriers to retaining individuals in surface 
        transportation careers;
            (4) identify and address potential impacts of emerging 
        technologies on the surface transportation workforce;
            (5) increase access for vulnerable or underrepresented 
        populations, especially women and minorities, to high-skill, 
        in-demand surface transportation careers;
            (6) facilitate and encourage elementary, secondary, and 
        post-secondary students in the United States to pursue careers 
        in the surface transportation sector; and
            (7) identify and develop pathways for students and 
        individuals to secure pre-apprenticeships, registered 
        apprenticeships, and other work-based learning opportunities in 
        the surface transportation sector of the United States.
    (c) Considerations.--In developing recommendations and strategies 
under subsection (b), the Task Force shall--
            (1) identify factors that influence whether young people 
        pursue careers in surface transportation, especially 
        traditionally underrepresented populations, including women and 
        minorities;
            (2) consider how the Department, businesses, industry, 
        labor, educators, and other stakeholders can coordinate efforts 
        to support qualified individuals in pursuing careers in the 
        surface transportation sector;
            (3) identify methods of enhancing surface transportation 
        pre-apprenticeships and registered apprenticeships, job skills 
        training, mentorship, education, and outreach programs that are 
        exclusive to youth in the United States; and
            (4) identify potential sources of funding, including grants 
        and scholarships, that may be used to support youth and other 
        qualified individuals in pursuing careers in the surface 
        transportation sector.
    (d) Consultation.--In developing the recommendations and strategies 
required under subsection (b), the Task Force may consult with--
            (1) local educational agencies and institutes of higher 
        education, including community colleges and vocational schools; 
        and
            (2) State workforce development boards.
    (e) Report.--Not later than 60 days after the submission of the 
recommendations and strategies under subsection (b), the Secretary 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Environment and 
Public Works of the Senate a report containing such recommendations and 
strategies.
    (f) Composition of Task Force.--The Secretary shall appoint members 
to the Task Force whose diverse background and expertise allow such 
members to contribute balanced points of view and ideas in carrying out 
this section, comprised of equal representation from each of the 
following:
            (1) Industries in the surface transportation sector.
            (2) Surface transportation sector labor organizations.
            (3) Such other surface transportation stakeholders and 
        experts as the Secretary considers appropriate.
    (g) Period of Appointment.--Members shall be appointed to the Task 
Force for the duration of the existence of the Task Force.
    (h) Compensation.--Task Force members shall serve without 
compensation.
    (i) Sunset.--The Task Force shall terminate upon the submission of 
the report required under subsection (e).
    (j) Definitions.--In this section:
            (1) Pre-apprenticeship.--The term ``pre-apprenticeship'' 
        means a training model or program that prepares individuals for 
        acceptance into a registered apprenticeship and has a 
        demonstrated partnership with one or more registered 
        apprenticeships.
            (2) Registered apprenticeship.--The term ``registered 
        apprenticeship'' means an apprenticeship program registered 
        under the Act of August 16, 1937 (29 U.S.C. 50 et seq.; 
        commonly known as the ``National Apprenticeship Act''), that 
        satisfies the requirements of parts 29 and 30 of title 29, Code 
        of Federal Regulations (as in effect on January 1, 2020).

SEC. 1610. ON-THE-JOB TRAINING AND SUPPORTIVE SERVICES.

    Section 140(b) of title 23, United States Code, is amended to read 
as follows:
    ``(b) Workforce Training and Development.--
            ``(1) In general.--The Secretary, in cooperation with the 
        Secretary of Labor and any other department or agency of the 
        Government, State agency, authority, association, institution, 
        Indian Tribal government, corporation (profit or nonprofit), or 
        any other organization or person, is authorized to develop, 
        conduct, and administer surface transportation and technology 
        training, including skill improvement programs, and to develop 
        and fund summer transportation institutes.
            ``(2) State responsibilities.--A State department of 
        transportation participating in the program under this 
        subsection shall--
                    ``(A) develop an annual workforce plan that 
                identifies immediate and anticipated workforce gaps and 
                underrepresentation of women and minorities and a 
                detailed plan to fill such gaps and address such 
                underrepresentation;
                    ``(B) establish an annual workforce development 
                compact with the State workforce development board and 
                appropriate agencies to provide a coordinated approach 
                to workforce training, job placement, and 
                identification of training and skill development 
                program needs, which shall be coordinated to the extent 
                practical with an institution or agency, such as a 
                State workforce development board under section 101 of 
                the Workforce Innovation and Opportunities Act (29 
                U.S.C. 3111), that has established skills training, 
                recruitment, and placement resources; and
                    ``(C) demonstrate program outcomes, including--
                            ``(i) impact on areas with transportation 
                        workforce shortages;
                            ``(ii) diversity of training participants;
                            ``(iii) number and percentage of 
                        participants obtaining certifications or 
                        credentials required for specific types of 
                        employment;
                            ``(iv) employment outcome, including job 
                        placement and job retention rates and earnings, 
                        using performance metrics established in 
                        consultation with the Secretary of Labor and 
                        consistent with metrics used by programs under 
                        the Workforce Innovation and Opportunity Act 
                        (29 U.S.C. 3101 et seq.); and
                            ``(v) to the extent practical, evidence 
                        that the program did not preclude workers that 
                        participate in training or registered 
                        apprenticeship activities under the program 
                        from being referred to, or hired on, projects 
                        funded under this chapter.
            ``(3) Funding.--From administrative funds made available 
        under section 104(a), the Secretary shall deduct such sums as 
        necessary, not to exceed $10,000,000 in each fiscal year, for 
        the administration of this subsection. Such sums shall remain 
        available until expended.
            ``(4) Nonapplicability of title 41.--Subsections (b) 
        through (d) of section 6101 of title 41 shall not apply to 
        contracts and agreements made under the authority granted to 
        the Secretary under this subsection.
            ``(5) Use of surface transportation program and national 
        highway performance program funds.--Notwithstanding any other 
        provision of law, not to exceed \1/2\ of 1 percent of funds 
        apportioned to a State under paragraph (1) or (2) of section 
        104(b) may be available to carry out this subsection upon 
        request of the State transportation department to the 
        Secretary.''.

SEC. 1611. APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM FUNDING FLEXIBILITY.

    (a) In General.--Any funds made available to a State for the 
Appalachian development highway system program under subtitle IV of 
title 40, United States Code, before the date of enactment of this Act 
may be used, at the request of such State to the Secretary of 
Transportation, for the purposes described in section 133(b) of title 
23, United States Code.
    (b) Limitation.--The authority in subsection (a) may only be used 
by an Appalachian development highway system State if all of the 
Appalachian development highway system corridors authorized by subtitle 
IV of title 40, United States Code, in such State, have been fully 
completed and are open to traffic prior to the State making a request 
to the Secretary as described in subsection (a).

SEC. 1612. TRANSPORTATION EDUCATION DEVELOPMENT PROGRAM.

    Section 504 of title 23, United States Code, is amended--
            (1) in subsection (e)(1) by inserting ``and (8) through 
        (9)'' after ``paragraphs (1) through (4)''; and
            (2) in subsection (f) by adding at the end the following:
            ``(4) Reports.--The Secretary shall submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate an annual report that includes--
                    ``(A) a list of all grant recipients under this 
                subsection;
                    ``(B) an explanation of why each recipient was 
                chosen in accordance with the criteria under paragraph 
                (2);
                    ``(C) a summary of each recipient's objective to 
                carry out the purpose described in paragraph (1) and an 
                analysis of progress made toward achieving each such 
                objective;
                    ``(D) an accounting for the use of Federal funds 
                obligated or expended in carrying out this subsection; 
                and
                    ``(E) an analysis of outcomes of the program under 
                this subsection.''.

SEC. 1613. WORKING GROUP ON CONSTRUCTION RESOURCES.

    (a) Establishment.--Not later than 120 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a working group (in this section referred to as the ``Working Group'') 
to conduct a study on access to covered resources for infrastructure 
projects.
    (b) Membership.--
            (1) Appointment.--The Secretary shall appoint to the 
        Working Group individuals with knowledge and expertise in the 
        production and transportation of covered resources.
            (2) Representation.--The Working Group shall include at 
        least one representative of each of the following:
                    (A) State departments of transportation.
                    (B) State agencies associated with covered 
                resources protection.
                    (C) State planning and geologic survey and mapping 
                agencies.
                    (D) Commercial motor vehicle operators, including 
                small business operators and operators who transport 
                covered resources.
                    (E) Covered resources producers.
                    (F) Construction contractors.
                    (G) Labor organizations.
                    (H) Metropolitan planning organizations and 
                regional planning organizations.
                    (I) Indian Tribes, including Tribal elected 
                leadership or Tribal transportation officials.
                    (J) Any other stakeholders that the Secretary 
                determines appropriate.
            (3) Termination.--The Working Group shall terminate 6 
        months after the date on which the Secretary receives the 
        report under subsection (e)(1).
    (c) Duties.--In carrying out the study required under subsection 
(a), the Working Group shall analyze--
            (1) the use of covered resources in transportation projects 
        funded with Federal dollars;
            (2) how the proximity of covered resources to such projects 
        affects the cost and environmental impact of such projects;
            (3) whether and how State, Tribal, and local transportation 
        and planning agencies consider covered resources when 
        developing transportation projects; and
            (4) any challenges for transportation project sponsors 
        regarding access and proximity to covered resources.
    (d) Consultation.--In carrying out the study required under 
subsection (a), the Working Group shall consult with, as appropriate--
            (1) chief executive officers of States;
            (2) State, Tribal, and local transportation and planning 
        agencies;
            (3) other relevant State, Tribal, and local agencies, 
        including State agencies associated with covered resources 
        protection;
            (4) members of the public with industry experience with 
        respect to covered resources;
            (5) other Federal entities that provide funding for 
        transportation projects; and
            (6) any other stakeholder the Working Group determines 
        appropriate.
    (e) Reports.--
            (1) Working group report.--Not later than 2 years after the 
        date on which the Working Group is established, the Working 
        Group shall submit to the Secretary a report that includes--
                    (A) the findings of the study required under 
                subsection (a), including a summary of comments 
                received during the consultation process under 
                subsection (d); and
                    (B) any recommendations to preserve access to and 
                reduce the costs and environmental impacts of covered 
                resources for infrastructure projects.
            (2) Departmental report.--Not later than 3 months after the 
        date on which the Secretary receives the report under paragraph 
        (1), the Secretary shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a summary of the findings under such report 
        and any recommendations, as appropriate.
    (f) Definitions.--In this section:
            (1) Covered resources.--The term ``covered resources'' 
        means common variety materials used in transportation 
        infrastructure construction and maintenance, including stone, 
        sand, and gravel.
            (2) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory or 
        possession of the United States.

SEC. 1614. NUMBERING SYSTEM OF HIGHWAY INTERCHANGES.

    (a) In General.--Notwithstanding section 315 of title 23, United 
States Code, and section 1.36 of title 23, Code of Federal Regulations, 
the Secretary of Transportation may not impose a penalty on a State 
that does not comply with section 2E.31 of the Manual on Uniform 
Traffic Control Devices (or a successor section) with respect to the 
numbering of highway interchanges.
    (b) Applicability.--Subsection (a) shall only apply to a method of 
numbering of a highway interchange in effect on the date of enactment 
of this Act.

SEC. 1615. TOLL CREDITS.

    (a) Purposes.--The Secretary of Transportation shall--
            (1) identify the extent of the demand to purchase toll 
        credits;
            (2) identify the expected cash price of toll credits;
            (3) analyze the impact of the exchange of toll credits on 
        transportation expenditures; and
            (4) identify any other repercussions of establishing a toll 
        credit exchange.
    (b) Solicitation.--To carry out the requirements of this section, 
the Secretary shall solicit information from States eligible to use a 
credit under section 120(i) of title 23, United States Code, 
including--
            (1) the amount of unused toll credits, including--
                    (A) toll revenue generated and the sources of that 
                revenue;
                    (B) toll revenue used by public, quasi-public, and 
                private agencies to build, improve, or maintain 
                highways, bridges, or tunnels that serve the public 
                purpose of interstate commerce; and
                    (C) an accounting of any Federal funds used by the 
                public, quasi-public, or private agency to build, 
                improve, or maintain the toll facility, to validate 
                that the credit has been reduced by a percentage equal 
                to the percentage of the total cost of building, 
                improving, or maintaining the facility that was derived 
                from Federal funds;
            (2) the documentation of maintenance of effort for toll 
        credits earned by the State; and
            (3) the accuracy of the accounting system of the State to 
        earn and track toll credits.
    (c) Website.--The Secretary shall make available a publicly 
accessible website on which a State eligible to use a credit under 
section 120(i) of title 23, United States Code shall publish the 
information described under subsection (b)(1).
    (d) Evaluation and Recommendations to Congress.--Not later than 2 
years after the date of enactment of this Act, the Secretary shall 
provide to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate, and make publicly available on the website of the 
Department of Transportation--
            (1) an evaluation of the accuracy of the accounting and 
        documentation of toll credits earned under section 120(i);
            (2) a determination whether a toll credit marketplace is 
        viable and cost effective;
            (3) estimates, to the extent possible, of the average sale 
        price of toll credits; and
            (4) recommendations on any modifications necessary, 
        including legislative changes, to establish and implement a 
        toll credit exchange program.
    (e) Definition.--In this section, the term ``State'' has the 
meaning given the term in section 101(a) of title 23, United States 
Code.

SEC. 1616. TRANSPORTATION CONSTRUCTION MATERIALS PROCUREMENT.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall initiate a 
review of the procurement processes used by State departments of 
transportation to select construction materials on projects utilizing 
Federal-aid highway funds.
    (b) Contents.--The review under subsection (a) shall include--
            (1) a review of competitive practices in the bidding 
        process for transportation construction materials;
            (2) a list of States that currently issue bids that include 
        flexibility in the type of construction materials used to meet 
        the project specifications;
            (3) any information provided by States on considerations 
        that influence the decision to include competition by type of 
        material in transportation construction projects;
            (4) any data on whether issuing bids that include 
        flexibility in the type of construction materials used to meet 
        the project specifications will affect project costs over the 
        lifecycle of an asset;
            (5) any data on the degree to which competition leads to 
        greater use of sustainable, innovative, or resilient materials; 
        and
            (6) an evaluation of any barriers to more widespread use of 
        competitive bidding processes for transportation construction 
        materials.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate, and make 
publicly available, a report on the review initiated by the Secretary 
pursuant to this section.

SEC. 1617. CONSTRUCTION OF CERTAIN ACCESS AND DEVELOPMENT ROADS.

    Section 118(d) of title 23, United States Code, is amended by 
striking ``and the Commonwealth of Puerto Rico'' and inserting ``, the 
Commonwealth of Puerto Rico, and any other territory of the United 
States''.

SEC. 1618. NATIONWIDE ROAD SAFETY ASSESSMENT.

    (a) In General.--The Secretary of Transportation shall, every 2 
years, conduct nationwide, on-the-ground road safety assessments 
focused on pedestrian and bicycle safety in each State.
    (b) Requirements.--The assessments required under subsection (a) 
shall be conducted--
            (1) by Department of Transportation field offices from the 
        Federal Highway Administration, the National Highway 
        Transportation Safety Administration, the Federal Transit 
        Administration, and the Federal Motor Carrier Safety 
        Administration; and
            (2) in consultation with--
                    (A) State and local agencies with jurisdiction over 
                pedestrian and bicycle safety;
                    (B) pedestrian safety and bicycle safety advocacy 
                organizations; and
                    (C) other relevant pedestrian and bicycle safety 
                stakeholders.
    (c) Purposes.--The purpose of the assessments under this section is 
to--
            (1) identify and examine specific locations with documented 
        or perceived problems with pedestrian and bicycle safety and 
        access;
            (2) examine barriers to providing safe pedestrian and 
        bicycle access to transportation infrastructure; and
            (3) develop and issue recommendations designed to 
        effectively address specific safety and access issues and 
        enhance pedestrian and bicycle safety in high risk areas.
    (d) Report on State Assessments.--Upon completion of the assessment 
of a State, the Secretary shall issue, and make available to the 
public, a report containing the assessment that includes--
            (1) a list of locations that have been assessed as 
        presenting a danger to pedestrians or bicyclists; and
            (2) recommendations to enhance pedestrian and bicycle 
        safety in those locations.
    (e) Report on Nationwide Program.--Upon completion of the biannual 
assessment nationwide required under this section, the Secretary shall 
issue, and make available to the public, that covers assessments for 
all jurisdictions and also present it to the congressional 
transportation committees.
    (f) National Pedestrian and Bicycle Safety Database.--The 
Secretary, in order to enhance pedestrian and bicycle safety and 
improve information sharing on pedestrian and bicycle safety challenges 
between the Federal Government and State and local governments, shall 
maintain a national pedestrian and bicycle safety database that 
includes--
            (1) a list of high-risk intersections, roads, and highways 
        with a documented history of pedestrian or bicycle accidents or 
        fatalities and details regarding those incidents; and
            (2) information on corrective measures that have been 
        implemented at the State, local, or Federal level to enhance 
        pedestrian and bicyclist safety at those high risk areas, 
        including details on the nature and date of corrective action.
    (g) State Defined.--In this section, the term ``State'' means each 
of the States, the District of Columbia, and Puerto Rico.

SEC. 1619. WILDLIFE CROSSINGS.

    (a) In General.--
            (1) Obligation requirement.--For each of fiscal years 2022 
        through 2025, of the amounts apportioned to a State under 
        paragraph (1) of section 104(b) of title 23, United States 
        Code, each State shall obligate amounts distributed to such 
        State under subsection (b) for projects and strategies that 
        reduce vehicle-caused wildlife mortality related to, or to 
        restore and maintain connectivity among terrestrial or aquatic 
        habitats affected by, a transportation facility otherwise 
        eligible for assistance under section 119 of title 23, United 
        States Code.
            (2) Total amount.--The total amount to be obligated by all 
        States under paragraph (1) shall equal $75,000,000 for each of 
        fiscal years 2022 through 2025.
    (b) Distribution.--Each State's share of the amount described under 
subsection (a)(2) shall be determined by multiplying the amount 
described under such subsection by the ratio that--
            (1) the amount apportioned in the previous fiscal year to 
        the State under section 104 of title 23, United States Code; 
        bears to
            (2) the total amount of funds apportioned to all States in 
        the previous fiscal year.
    (c) State Flexibility.--
            (1) In general.--A State may opt out of the obligation 
        requirement described under this section if the Governor of the 
        State notifies the Secretary that the State has inadequate 
        needs to justify the expenditure not later than 30 days prior 
        to apportionments being made for any fiscal year.
            (2) Use of funds.--A State that exercises the authority 
        under paragraph (1) may use the funds described under this 
        section for any purpose described under section 119 of title 
        23, United States Code.

SEC. 1620. CLIMATE RESILIENT TRANSPORTATION INFRASTRUCTURE STUDY.

    (a) Climate Resilient Transportation Infrastructure Study.--Not 
later than 180 days after the date of enactment of this Act, the 
Secretary of Transportation shall enter into an agreement with the 
Transportation Research Board of the National Academies to conduct a 
study of the actions needed to ensure that Federal agencies are taking 
into account current and future climate conditions in planning, 
designing, building, operating, maintaining, investing in, and 
upgrading any federally funded transportation infrastructure 
investments.
    (b) Methodologies.--In conducting the study, the Transportation 
Research Board shall build on the methodologies examined and 
recommended in--
            (1) the 2018 report issued the American Society of Civil 
        Engineers, titled ``Climate-Resilient Infrastructure: Adaptive 
        Design and Risk Management''; and
            (2) the report issued by the California Climate-Safe 
        Infrastructure Working Group, titled ``Paying it Forward: The 
        Path Toward Climate-Safe Infrastructure in California''.
    (c) Contents of Study.--The study shall include specific 
recommendations regarding the following:
            (1) Integrating scientific knowledge of projected climate 
        change impacts, and other relevant data and information, into 
        Federal infrastructure planning, design, engineering, 
        construction, operation and maintenance.
            (2) Addressing critical information gaps and challenges.
            (3) Financing options to help fund climate-resilient 
        infrastructure.
            (4) A platform or process to facilitate communication 
        between climate scientists and other experts with 
        infrastructure planners, engineers and other relevant experts.
            (5) A stakeholder process to engage with representatives of 
        State, local, tribal and community groups.
            (6) A platform for tracking Federal funding of climate-
        resilient infrastructure.
            (7) Labor and workforce needs to implement climate-
        resilient transportation infrastructure projects including new 
        and emerging skills, training programs, competencies and 
        recognized postsecondary credentials that may be required to 
        adequately equip the workforce.
            (8) Outlining how Federal infrastructure planning, design, 
        engineering, construction, operation, and maintenance impact 
        the environment and public health of disproportionately exposed 
        communities. For purposes of this paragraph, the term 
        ``disproportionately exposed communities'' means a community in 
        which climate change, pollution, or environmental destruction 
        have exacerbated systemic racial, regional, social, 
        environmental, and economic injustices by disproportionately 
        affecting indigenous peoples, communities of color, migrant 
        communities, deindustrialized communities, depopulated rural 
        communities, the poor, low-income workers, women, the elderly, 
        people experiencing homelessness, people with disabilities, 
        people who are incarcerated, or youth.
    (d) Considerations.--In carrying out the study, the Transportation 
Research Board shall determine the need for information related to 
climate resilient transportation infrastructure by considering--
            (1) the current informational and institutional barriers to 
        integrating projected infrastructure risks posed by climate 
        change into federal infrastructure planning, design, 
        engineering, construction, operation and maintenance;
            (2) the critical information needed by engineers, planners 
        and those charged with infrastructure upgrades and maintenance 
        to better incorporate climate change risks and impacts over the 
        lifetime of projects;
            (3) how to select an appropriate, adaptive engineering 
        design for a range of future climate scenarios as related to 
        infrastructure planning and investment;
            (4) how to incentivize and incorporate systems thinking 
        into engineering design to maximize the benefits of multiple 
        natural functions and emissions reduction, as well as regional 
        planning;
            (5) how to take account of the risks of cascading 
        infrastructure failures and develop more holistic approaches to 
        evaluating and mitigating climate risks;
            (6) how to ensure that investments in infrastructure 
        resilience benefit all communities, including communities of 
        color, low-income communities and tribal communities that face 
        a disproportionate risk from climate change and in many cases 
        have experienced long-standing unmet needs and underinvestment 
        in critical infrastructure;
            (7) how to incorporate capital assessment and planning 
        training and techniques, including a range of financing options 
        to help local and State governments plan for and provide 
        matching funds;
            (8) how federal agencies can track and monitor federally 
        funded resilient infrastructure in a coordinated fashion to 
        help build the understanding of the cost-benefit of resilient 
        infrastructure and to build the capacity for implementing 
        resilient infrastructure; and
            (9) the occupations, skillsets, training programs, 
        competencies and recognized postsecondary credentials that will 
        be needed to implement such climate-resilient transportation 
        infrastructure projects, and how to ensure that any new jobs 
        created by such projects ensure that priority hiring 
        considerations are given to individuals facing barriers to 
        employment, communities of color, low-income communities and 
        tribal communities that face a disproportionate risk from 
        climate change and have been excluded from job opportunities.
    (e) Consultation.--In carrying out the study, the Transportation 
Research Board--
            (1) shall convene and consult with a panel of national 
        experts, including operators and users of Federal 
        transportation infrastructure and private sector stakeholders; 
        and
            (2) is encouraged to consult with--
                    (A) representatives from the thirteen federal 
                agencies that comprise the United States Global Change 
                Research Program;
                    (B) representatives from the Department of the 
                Treasury;
                    (C) professional engineers with relevant expertise 
                in infrastructure design;
                    (D) scientists from the National Academies with 
                relevant expertise;
                    (E) scientists, social scientists and experts from 
                academic and research institutions who have expertise 
                in climate change projections and impacts; engineering; 
                architecture; or other relevant areas of expertise;
                    (F) licensed architects with relevant experience in 
                infrastructure design;
                    (G) certified planners;
                    (H) representatives of State, local and Tribal 
                governments;
                    (I) representatives of environmental justice 
                groups; and
                    (J) representatives of labor unions that represent 
                key trades and industries involved in infrastructure 
                projects.
    (f) Report.--Not later than 3 years after the date of enactment of 
this Act, the Transportation Research Board shall submit to the 
Secretary, the Committee on Transportation and Infrastructure of the 
House of Representatives, and the Committee on Environment and Public 
Works of the Senate a report on the results of the study conducted 
under this section.

SEC. 1621. ELIMINATION OF DUPLICATION OF ENVIRONMENTAL REVIEWS AND 
              APPROVALS.

    The Secretary of Transportation shall issue a final rule 
implementing the program under section 330 of title 23, United States 
Code.

SEC. 1622. AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES.

    (a) In General.--Section 303 of the PROTECT Act (34 U.S.C. 20503) 
is amended--
            (1) in the section heading, by inserting ``and major 
        transportation routes'' after ``along highways'';
            (2) in subsection (a)--
                    (A) by inserting ``(referred to in this section as 
                the `Secretary')'' after ``Secretary of 
                Transportation''; and
                    (B) by inserting ``and at airports, maritime ports, 
                border crossing areas and checkpoints, and ports of 
                exit from the United States'' after ``along highways'';
            (3) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) by striking ``other motorist 
                        information systems to notify motorists'' and 
                        inserting ``other information systems to notify 
                        motorists, aircraft passengers, ship 
                        passengers, and travelers''; and
                            (ii) by inserting ``, aircraft passengers, 
                        ship passengers, and travelers'' after 
                        ``necessary to notify motorists''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking 
                        ``other motorist information systems to notify 
                        motorists'' and inserting ``other information 
                        systems to notify motorists, aircraft 
                        passengers, ship passengers, and travelers'';
                            (ii) in subparagraph (D), by inserting ``, 
                        aircraft passengers, ship passengers, and 
                        travelers'' after ``support the notification of 
                        motorists'';
                            (iii) in subparagraph (E), by inserting ``, 
                        aircraft passengers, ship passengers, and 
                        travelers'' after ``motorists'', each place it 
                        appears;
                            (iv) in subparagraph (F), by inserting ``, 
                        aircraft passengers, ship passengers, and 
                        travelers'' after ``motorists''; and
                            (v) in subparagraph (G), by inserting ``, 
                        aircraft passengers, ship passengers, and 
                        travelers'' after ``motorists'';
            (4) in subsection (c), by striking ``other motorist 
        information systems to notify motorists'', each place it 
        appears, and inserting ``other information systems to notify 
        motorists, aircraft passengers, ship passengers, and 
        travelers'';
            (5) by amending subsection (d) to read as follows:
    ``(d) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share of the cost of any activities funded by a grant 
        under this section may not exceed 80 percent.
            ``(2) Waiver.--If the Secretary determines that American 
        Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the 
        Virgin Islands of the United States is unable to comply with 
        the requirement under paragraph (1), the Secretary shall waive 
        such requirement.'';
            (6) in subsection (g)--
                    (A) by striking ``In this section'' and inserting 
                ``In this subtitle''; and
                    (B) by striking ``or Puerto Rico'' and inserting 
                ``American Samoa, Guam, Puerto Rico, the Northern 
                Mariana Islands, the Virgin Islands of the United 
                States, and any other territory of the United States''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the PROTECT Act (Public Law 108-21) is amended by 
striking the item relating to section 303 and inserting the following:

``Sec. 303. Grant program for notification and communications systems 
                            along highways and major transportation 
                            routes for recovery of abducted 
                            children.''.

SEC. 1623. NATURAL GAS, ELECTRIC BATTERY, AND ZERO EMISSION VEHICLES.

    Subsection (s) of section 127 of title 23, United States Code is 
amended to read as follows:
    ``(s) Natural Gas, Electric Battery, and Zero Emission Vehicles.--A 
vehicle, if operated by an engine fueled primarily by natural gas, 
powered primarily by means of electric battery power, or fueled 
primarily by means of other zero emission fuel technologies, may exceed 
the weight limit on the power unit by up to 2,000 pounds (up to a 
maximum gross vehicle weight of 82,000 pounds) under this section.''.

SEC. 1624. GUIDANCE ON EVACUATION ROUTES.

    (a) In General.--
            (1) Guidance.--The Administrator of the Federal Highway 
        Administration, in coordination with the Administrator of the 
        Federal Emergency Management Agency, and consistent with 
        guidance issued by the Federal Emergency Management Agency 
        pursuant to section 1209 of the Disaster Recovery Reform Act of 
        2018 (Public Law 115-254), shall revise existing guidance or 
        issue new guidance as appropriate for State, local, and Indian 
        Tribal governments regarding the design, construction, 
        maintenance, and repair of evacuation routes.
            (2) Considerations.--In revising or issuing guidance under 
        subsection (a)(1), the Administrator of the Federal Highway 
        Administration shall consider--
                    (A) methods that assist evacuation routes to--
                            (i) withstand likely risks to viability, 
                        including flammability and hydrostatic forces;
                            (ii) improve durability, strength 
                        (including the ability to withstand tensile 
                        stresses and compressive stresses), and 
                        sustainability; and
                            (iii) provide for long-term cost savings;
                    (B) the ability of evacuation routes to effectively 
                manage contraflow operations;
                    (C) for evacuation routes on public lands, the 
                viewpoints of the applicable Federal land management 
                agency regarding emergency operations, sustainability, 
                and resource protection; and
                    (D) such other items the Administrator of the 
                Federal Highway Administration considers appropriate.
            (3) Report.--In the case in which the Administrator of the 
        Federal Highway Administration, in consultation with the 
        Administrator of the Federal Emergency Management Agency, 
        concludes existing guidance addresses the considerations in 
        paragraph (2), The Administrator of the Federal Highway 
        Administration shall submit to the Committee on Transportation 
        and Infrastructure of the House of Representatives and the 
        Committee on Environment and Public Works of the Senate a 
        detailed report describing how existing guidance addresses such 
        considerations.
    (b) Study.--The Administrator of the Federal Highway 
Administration, in coordination with the Administrator of the Federal 
Emergency Management Agency and State, local, territorial, and Indian 
Tribal governments, shall--
            (1) conduct a study of the adequacy of available evacuation 
        routes to accommodate the flow of evacuees; and
            (2) submit recommendations to Congress on how to help with 
        anticipated evacuation route flow, based on the study conducted 
        under paragraph (1).

SEC. 1625. HIGH PRIORITY CORRIDORS ON NATIONAL HIGHWAY SYSTEM.

    Section 1105(c) of the Intermodal Surface Transportation Efficiency 
Act of 1991 is amended by adding at the end the following:
            ``(92) The Louisiana Capital Region High Priority Corridor, 
        which shall generally follow--
                    ``(A) Interstate 10, between its intersections with 
                Interstate 12 and Louisiana Highway 415;
                    ``(B) Louisiana Highway 415, between its 
                intersections with Interstate 10 and United States 
                route 190;
                    ``(C) United States route 190, between its 
                intersections with Louisiana Highway 415 and 
                intersection with Interstate 110;
                    ``(D) Interstate 110, between its intersections 
                with United States route 190 and Interstate 10;
                    ``(E) Louisiana Highway 30, near St. Gabriel, LA 
                and its intersections with Interstate 10;
                    ``(F) Louisiana Highway 1, near White Castle, LA 
                and its intersection with Interstate 10; and
                    ``(G) A bridge connecting Louisiana Highway 1 with 
                Louisiana Highway 30, south of the Interstate described 
                in subparagraph (A).''.

SEC. 1626. GUIDANCE ON INUNDATED AND SUBMERGED ROADS.

    Upon issuance of guidance issued pursuant to section 1228 of the 
Disaster Recovery Reform Act of 2018 (Public Law 115-254), the 
Administrator of the Federal Highway Administration, in consultation 
with the Administrator of the Federal Emergency Management Agency, 
shall review such guidance and issue guidance regarding repair, 
restoration, and replacement of inundated and submerged roads damaged 
or destroyed by a major disaster declared pursuant to the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.) with respect to roads eligible for assistance under Federal 
Highway Administration programs.

SEC. 1627. USE OF REVENUES.

    (a) Written Assurances on Use of Revenue.--Section 47107(b) of 
title 49, United States Code, is amended--
            (1) in each of paragraphs (1) and (2) by striking ``local 
        taxes'' and inserting ``local excise taxes'';
            (2) in paragraph (3) by striking ``State tax'' and 
        inserting ``State excise tax''; and
            (3) by adding at the end the following:
    ``(4) This subsection does not apply to State or local general 
sales taxes nor to State or local generally applicable sales taxes.''.
    (b) Restriction on Use of Revenues.--Section 47133 of title 49, 
United States Code, is amended--
            (1) in subsection (a) in the matter preceding paragraph (1) 
        by striking ``Local taxes'' and inserting ``Local excise 
        taxes'';
            (2) in subsection (b)(1) by striking ``local taxes'' and 
        inserting ``local excise taxes'';
            (3) in subsection (c) by striking ``State tax'' and 
        inserting ``State excise tax''; and
            (4) by adding at the end the following:
    ``(d) Limitation on Applicability.--This subsection does not apply 
to--
            ``(1) State or local general sales taxes; or
            ``(2) State or local generally applicable sales taxes.''.

SEC. 1628. DRY BULK WEIGHT TOLERANCE.

    Section 127 of title 23, United States Code, is amended by adding 
at the end the following:
    ``(v) Dry Bulk Weight Tolerance.--
            ``(1) Definition of dry bulk goods.--In this subsection, 
        the term `dry bulk goods' means any homogeneous unmarked 
        nonliquid cargo being transported in a trailer specifically 
        designed for that purpose.
            ``(2) Weight tolerance.--Notwithstanding any other 
        provision of this section, except for the maximum gross vehicle 
        weight limitation, a commercial motor vehicle transporting dry 
        bulk goods may not exceed 110 percent of the maximum weight on 
        any axle or axle group described in subsection (a), including 
        any enforcement tolerance.''.

SEC. 1629. HIGHWAY USE TAX EVASION PROJECTS.

    Section 143(b)(2)(A) of title 23, United States Code, is amended by 
striking ``2016 through 2020'' and inserting ``2022 through 2025''.

SEC. 1630. THE UNITED STATES OPPOSES CHILD LABOR.

    It is the policy of the United States that funds authorized or made 
available by this Act, or the amendments made by this Act, should not 
be used to purchase products produced whole or in part through the use 
of child labor, as such term is defined in Article 3 of the 
International Labor Organization Convention concerning the prohibition 
and immediate action for the elimination of the worst forms of child 
labor (December 2, 2000), or in violation of human rights.

SEC. 1631. REPORT ON COVID-RELATED FUNDING FOR AVIATION SECTOR.

    Not later than 45 days after the date of enactment of this Act, the 
Secretary of Transportation shall direct the Administrator of the 
Federal Aviation Administration to issue a report within 60 days to the 
House and Senate Committees of jurisdiction on specific sectors of the 
airport system of infrastructure that have yet to receive any COVID-
related funding, and provide a plan for prioritizing these unfunded 
areas for the next round of funding.

SEC. 1632. CLIMATE RESILIENCY REPORT BY GAO.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act and every 5 years thereafter, the Comptroller General shall 
evaluate and issue a report to Congress on the economic benefits, 
including avoided impacts on property and life, of the use of model, 
consensus-based building codes, standards, and provisions that support 
resilience to climate risks and impacts, including--
            (1) flooding;
            (2) wildfires;
            (3) hurricanes;
            (4) heat waves;
            (5) droughts;
            (6) rises in sea level; and
            (7) extreme weather.
    (b) Report Issues.--The report required under subsection (a) shall 
include the following:
            (1) Assesses the status of adoption of building codes, 
        standards, and provisions within the States, territories, and 
        tribes at the State or jurisdictional level; including whether 
        the adopted codes meet or exceed the most recent published 
        edition of a national, consensus-based model code.
            (2) Analysis of the extent to which pre-disaster mitigation 
        measures provide benefits to the nation and individual States, 
        territories and tribes, including--
                    (A) an economic analysis of the benefits to the 
                design and construction of new resilient 
                infrastructure;
                    (B) losses avoided, including economic losses, 
                number of structures (buildings, roads, bridges), and 
                injuries and deaths by utilizing building codes and 
                standards that prioritize resiliency; and
                    (C) an economic analysis of the benefits to using 
                hazard resistant building codes in rebuilding and 
                repairing infrastructure following a disaster.
            (3) An assessment of the building codes and standards 
        referenced or otherwise currently incorporated into Federal 
        policies and programs, including but not limited to grants, 
        incentive programs, technical assistance and design and 
        construction criteria, administered by the Federal Emergency 
        Management Agency (FEMA), and--
                    (A) the extent to which such codes and standards 
                contribute to increasing climate resiliency;
                    (B) Recommendations for how FEMA could improve 
                their use of codes and standards to prepare for climate 
                change and address resiliency in housing, public 
                buildings, and infrastructure such as roads and 
                bridges; and
                    (C) how FEMA could increase efforts to support the 
                adoption of hazard resistant codes by the States, 
                territories, and tribes.
            (4) Recommendations for FEMA on how to better incorporate 
        climate resiliency into efforts to rebuild after natural 
        disasters.

SEC. 1633. AVIATION INDUSTRY ASSISTANCE FOR CLEANER AND QUIETER SKIES 
              VOUCHER PROGRAM.

    (a) Establishment.--The Secretary shall establish and carry out a 
program, to be known as the ``Aviation Industry Assistance for Cleaner 
and Quieter Skies Voucher Program'', under which the Secretary shall 
issue electronic vouchers to air carriers, subject to the 
specifications set forth in subsection (d), to offset the purchase or 
cost of a lease of eligible new aircraft in exchange for commitments 
from such air carriers to decommission certain currently used aircraft 
and sell such aircraft for recycling of parts or disposal.
    (b) Application.--To be eligible for the program established under 
subsection (a), an air carrier shall submit to the Secretary an 
application at such time, in such manner, and containing such 
information as the Secretary may require, including a description of a 
currently used aircraft of the air carrier.
    (c) Program Requirements.--
            (1) List of eligible aircraft.--In carrying out the program 
        established under subsection (a), the Secretary, in 
        consultation with the Administrator, shall prepare, maintain, 
        publicize, and make available through a publicly available 
        website, lists of--
                    (A) applicable currently used aircraft;
                    (B) eligible aircraft for purchase or lease; and
                    (C) registered aircraft recycling firms eligible to 
                purchase currently used aircraft under this section.
            (2) Commitment requirement.--In carrying out the program 
        established under subsection (a), the Secretary shall issue 
        such regulations as are necessary to establish requirements for 
        an air carrier to purchase or lease an eligible aircraft 
        described in subsection (a), including a timing requirement for 
        the purchase of such, and decommissioning and selling of 
        applicable currently used aircraft of the air carrier for 
        recycling of parts or disposal, except as provided in 
        subsection (f)(2).
    (d) Value of Vouchers.--The Secretary may determine the value of 
each voucher, not to exceed $10,000,000, based on the difference in 
emissions between the currently used aircraft being decommissioned and 
sold and the eligible aircraft being purchased or leased. In 
determining the value of each voucher, the Secretary shall also 
consider if such eligible aircraft also include noise reduction, 
including whether such aircraft meet Stage 5 standards. In addition, 
the Secretary shall consider seat capacity and typical stage length of 
both the currently used aircraft being decommissioned and sold and the 
eligible aircraft being purchased or leased in determining the value of 
the voucher.
    (e) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall issue such regulations as 
are necessary to carry out this section, including a requirement that a 
voucher may be used only to pay a new aircraft order, not an order 
placed (even if not not filled) before the date of enactment of this 
Act.
    (f) Registration.--
            (1) In general.--The Secretary shall register aircraft 
        recycling firms eligible to purchase currently used aircraft 
        under this section and establish requirements and procedures 
        for the recycling of parts or disposal of such aircraft to 
        ensure that such aircraft are taken out of service and not used 
        to develop other aircraft with higher greenhouse gas emissions.
            (2) Exception.--Notwithstanding paragraph (1), in the case 
        of an emergency declared by the Secretary or a national 
        emergency declared by the President, the Secretary may 
        temporarily waive the provisions of such paragraph that prevent 
        the use of aircraft taken out of service pursuant to this 
        section for the purposes of responding to such emergency or 
        national emergency.
    (g) Authorization of Appropriations.--There is authorized to carry 
out the program established under this section $1,000,000,000 and such 
sums shall remain available until expended.
    (h) Definitions.--In this section the following definitions apply:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Air carrier.--The term ``air carrier'' has the meaning 
        given such term in section 40102 of title 49, United States 
        Code.
            (3) Currently used aircraft.--The term ``currently used 
        aircraft'' means--
                    (A) aircraft in the bottom 25 percent of the air 
                carrier's aircraft fleet in terms of fuel efficiency 
                per seat; and
                    (B) aircraft that have been in service for at least 
                1,500 hours in the previous calendar year.
            (4) Eligible aircraft.--The term ``eligible aircraft'' 
        means aircraft that must be new and considered by the Secretary 
        highly fuel-efficient with some consideration given to their 
        noise impact.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 1634. AIRBORNE ULTRAFINE PARTICLE STUDY.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Federal Aviation 
Administration, jointly with the Administrator of the Environmental 
Protection Agency, shall enter into an agreement with an eligible 
institution of higher education to conduct a study examining airborne 
ultrafine particles and their effect on human health.
    (b) Scope of Study.--The study conducted under subsection (a) 
shall--
            (1) summarize the relevant literature and studies done on 
        airborne ultrafine particles worldwide;
            (2) focus on large hub commercial airports in--
                    (A) Seattle;
                    (B) Boston;
                    (C) Chicago;
                    (D) New York;
                    (E) the Northern California Metroplex;
                    (F) Phoenix;
                    (G) the Southern California Metroplex;
                    (H) the District of Columbia; and
                    (I) Atlanta;
            (3) examine airborne ultrafine particles and their effect 
        on human health, including--
                    (A) characteristics of UFPs present in the air;
                    (B) spatial and temporal distributions of UFP 
                concentrations;
                    (C) primary sources of UFPs;
                    (D) the contribution of aircraft and airport 
                operations to the distribution of UFP concentrations 
                when compared to other sources;
                    (E) potential health effects associated with 
                elevated UFP exposures, including outcomes related to 
                cardiovascular disease, respiratory infection and 
                disease, degradation of neurocognitive functions, and 
                other health effects, that have been considered in 
                previous studies; and
                    (F) potential UFP exposures, especially to 
                susceptible and vulnerable groups;
            (4) identify measures, including the use of sustainable 
        aviation fuels, intended to reduce emissions from aircraft and 
        airport operations and assess potential effects on emissions 
        related to UFPs; and
            (5) identifies information gaps related to understanding 
        relationships between UFP exposures and health effects, 
        contributions of aviation-related emissions to UFP exposures, 
        and the effectiveness of mitigation measures.
    (c) Eligibility.--An institution of higher education is eligible to 
conduct the study if the institution--
            (1) is located in one of the areas identified in subsection 
        (b);
            (2) applies to the Administrator of the Federal Aviation 
        Administration in a timely fashion;
            (3) demonstrates to the satisfaction of the Administrator 
        that the institution is qualified to conduct the study;
            (4) agrees to submit to the Administrator, not later than 2 
        years after entering into an agreement under subsection (a), 
        the results of the study, including any source materials used; 
        and
            (5) meets such other requirements as the Administrator 
        determines necessary.
    (d) Coordination.--The Administrator may coordinate with the 
Administrator of the Environmental Protection Agency, the Secretary of 
Health and Human Services, and any other agency head whom the 
Administrator deems appropriate to provide data and other assistance 
necessary for the study.
    (e) Report.--Not later than 180 days after submission of the 
results of the study by the institution of higher education, the 
Administrator shall submit to the Committee on Transportation and 
Infrastructure and the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the study including the 
results of the study submitted under subsection (c)(4) by the 
institution of higher education.
    (f) Definition.--In this Act, the terms ``ultrafine particle'' and 
``UFP'' mean particles with diameters less than or equal to 100 
nanometers.

SEC. 1635. STUDY ON COLONIAS.

    (a) In General.--The Secretary of Transportation shall carry out a 
study on the infrastructure state of colonias, including surface, 
transit, water, and broadband infrastructure of such colonias.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary shall submit to the Committee on Transportation 
and Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report describing 
the results of the study under subsection (a), including any 
recommendations for congressional action on colonias.
    (c) Colonias Defined.--In this section, the term ``colonias'' has 
the meaning given the term in section 509(f)(8) of the Housing Act of 
1949 (42 U.S.C. 1479(f)(8)).

SEC. 1636. GAO STUDY ON CAPITAL NEEDS OF PUBLIC FERRIES.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the capital investment needs of United States public 
ferries and how Federal funding programs are meeting such needs.
    (b) Considerations.--In carrying out the study under subsection 
(a), the Comptroller General shall examine the feasibility of including 
United States public ferries in the conditions and performance report 
of the Department of Transportation.
    (c) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit to Congress 
a report describing the results of the study described in subsection 
(a), including any recommendations for how to include ferries in the 
conditions and performance report of the Department of Transportation.

SEC. 1637. USE OF MODELING AND SIMULATION TECHNOLOGY.

    It is the sense of Congress that the Department should utilize, to 
the fullest and most economically feasible extent practicable, modeling 
and simulation technology to analyze highway and public transportation 
projects authorized by this Act to ensure that these projects--
            (1) will increase transportation capacity and safety, 
        alleviate congestion, and reduce travel time and environmental 
        impacts; and
            (2) are as cost effective as practicable.

SEC. 1638. GAO STUDY ON PER-MILE USER FEE EQUITY.

    (a) Establishment.--Not later than 2 years after the date of 
enactment of this Act, the Comptroller General of the United States 
shall carry out a study on the impact of equity issues associated with 
per-mile user fee funding systems on the surface transportation system.
    (b) Contents.--The study under subsection (a) shall include the 
following with respect to per-mile user fee systems:
            (1) The financial, social, and other impacts of per-mile 
        user fee systems on individuals, including both men and women 
        drivers, low-income individuals, and individuals of different 
        races.
            (2) The impact that access to alternative modes of 
        transportation, including public transportation, has in 
        carrying out per-mile user fee systems.
            (3) The ability to access jobs and services, which may 
        include healthcare facilities, child care, education and 
        workforce training, food sources, banking and other financial 
        institutions, and other retail shopping establishments.
            (4) Equity issues for low-income individuals in urban and 
        rural areas.
            (5) Any differing impacts on passenger vehicles and 
        commercial vehicles.
    (c) Inclusions.--In carrying out the study under subsection (a), 
the Comptroller General shall include an analysis of the following 
programs:
            (1) The State surface transportation system funding pilot 
        program under section 6020 of the FAST Act; and
            (2) The national surface transportation system funding 
        pilot under section 5402 of this Act.
    (d) Report.--Not later than 2 years after the date of the enactment 
after this Act, the Comptroller General shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Environment and Public Works of the Senate, and 
make publicly available, a report containing the results of the study 
under subsection (a), including recommendations for how to equitably 
implement per-mile user fee systems.
    (e) Definitions.--
            (1) Per-mile user fee.--The term ``per-mile user fee'' 
        means a revenue mechanism that--
                    (A) is applied to road users operating motor 
                vehicles on the surface transportation system; and
                    (B) is based on the number of vehicle miles 
                traveled by an individual road user.
            (2) Commercial vehicle.--The term ``commercial vehicle'' 
        has the meaning given the term commercial motor vehicle in 
        section 31101 of title 49, United States Code.

SEC. 1639. GAO REVIEW OF EQUITY CONSIDERATIONS AT STATE DOTS.

    (a) Review Required.--Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall undertake a review 
of the extent to which State departments of transportation have in 
place best practices, standards, and protocols designed to ensure 
equity considerations in transportation planning, project selection, 
and project delivery, including considerations of the diverse 
transportation needs of low-income populations, minority populations, 
women, and other diverse populations.
    (b) Evaluation.--After the completion of the review under 
subsection (a), the Comptroller General shall issue and make available 
on a publicly accessible Website a report detailing--
            (1) findings based on the review in subsection (a);
            (2) a comprehensive set of recommendations for State 
        departments of transportation to improve equity considerations, 
        which may include model legislation, best practices, or 
        guidance; and
            (3) any recommendations to Congress for additional 
        statutory authority needed to support State department of 
        transportation efforts to incorporate equity considerations 
        into transportation planning, project selection, and project 
        delivery.
    (c) Report.--After completing the review and evaluation required 
under subsections (a) and (b), and not later than 2 years after the 
date of enactment of this Act, the Comptroller General shall make 
available on a publicly accessible Website, a report that includes--
            (1) findings based on the review conducted under subsection 
        (a);
            (2) the outcome of the evaluation conducted under 
        subsection (b);
            (3) a comprehensive set of recommendations to improve 
        equity considerations in the public transportation industry, 
        including recommendations for statutory changes if applicable; 
        and
            (4) the actions that the Secretary of Transportation could 
        take to effectively address the recommendations provided under 
        paragraph (3).

SEC. 1640. STUDY ON EFFECTIVENESS OF SUICIDE PREVENTION NETS AND 
              BARRIERS FOR STRUCTURES OTHER THAN BRIDGES.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to identify--
            (1) the types of structures, other than bridges, that 
        attract a high number of individuals attempting suicide-by-
        jumping;
            (2) the characteristics that distinguish structures 
        identified under paragraph (1) from similar structures that do 
        not attract a high number of individuals attempting suicide-by-
        jumping;
            (3) the types of nets or barriers that are effective at 
        reducing suicide-by-jumping with respect to the structures 
        identified under paragraph (1);
            (4) methods of reducing suicide-by-jumping with respect to 
        the structures identified under paragraph (1) other than nets 
        and barriers;
            (5) quantitative measures of the effectiveness of the nets 
        and barriers identified under paragraph (3);
            (6) quantitative measures of the effectiveness of the 
        additional methods identified under paragraph (4);
            (7) the entities that typically install the nets and 
        barriers identified under paragraph (3); and
            (8) the costs of the nets and barriers identified under 
        paragraph (3).
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure and the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the results of the study 
conducted under subsection (a).

SEC. 1641. COMPTROLLER GENERAL STUDY ON NATIONAL DUI REPORTING.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the reporting of alcohol-impaired driving arrest and 
citation results into Federal databases to facilitate the widespread 
identification of repeat impaired driving offenders.
    (b) Inclusions.--The study conducted under subsection (a) shall 
include a detailed assessment of--
            (1) the extent to which State and local criminal justice 
        agencies are reporting alcohol-impaired driving arrest and 
        citation results into Federal databases;
            (2) barriers on the Federal, State, and local levels to the 
        reporting of alcohol-impaired driving arrest and citation 
        results into Federal databases, as well as barriers to the use 
        of those systems by criminal justice agencies;
            (3) Federal, State, and local resources available to 
        improve the reporting of alcohol-impaired driving arrest and 
        citation results into Federal databases;
            (4) recommendations for policies and programs to be carried 
        out by the National Highway Traffic Safety Administration; and
            (5) recommendations for programs and grant funding to be 
        authorized by Congress.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
the appropriate committees of Congress a report on the results of the 
study conducted under subsection (a).

SEC. 1642. FUTURE INTERSTATE DESIGNATION AND OPERATION.

    Section 1105(e)(5)(A) of the Intermodal Surface Transportation 
Efficiency Act of 1991 is amended by inserting ``subclauses (I) through 
(IX) of subsection (c)(38)(A)(i), subsection (c)(38)(A)(iv),'' after 
``subsection (c)(37),''.

                    TITLE II--PUBLIC TRANSPORTATION

               Subtitle A--Federal Transit Administration

SEC. 2101. AUTHORIZATIONS.

    (a) In General.--Section 5338 of title 49, United States Code, is 
amended to read as follows:
``Sec. 5338. Authorizations
    ``(a) Grants.--
            ``(1) In general.--There shall be available from the Mass 
        Transit Account of the Highway Trust Fund to carry out sections 
        5305, 5307, 5308, 5310, 5311, 5312, 5314, 5318, 5320, 5328, 
        5335, 5337, 5339, and 5340--
                    ``(A) $16,185,800,000 for fiscal year 2022;
                    ``(B) $16,437,600,000 for fiscal year 2023;
                    ``(C) $16,700,600,000 for fiscal year 2024; and
                    ``(D) $16,963,600,000 for fiscal year 2025.
            ``(2) Allocation of funds.--Of the amounts made available 
        under paragraph (1)--
                    ``(A) $189,879,151 for fiscal year 2022, 
                $192,841,266 for fiscal year 2023, $195,926,726 for 
                fiscal year 2024, and $199,002,776 for fiscal year 
                2025, shall be available to carry out section 5305;
                    ``(B) $7,505,830,848 for fiscal year 2022, 
                $7,622,921,809 for fiscal year 2023, $7,744,888,558 for 
                fiscal year 2024, and $7,866,483,309 for fiscal year 
                2025 shall be allocated in accordance with section 5336 
                to provide financial assistance for urbanized areas 
                under section 5307;
                    ``(C) $101,510,000 for fiscal year 2022, 
                $103,093,556 for fiscal year 2023, $104,743,053 for 
                fiscal year 2024, and $106,387,519 for fiscal year 2025 
                shall be available for grants under section 5308;
                    ``(D) $434,830,298 for fiscal year 2022, 
                $441,613,651 for fiscal year 2023, $448,679,469 for 
                fiscal year 2024, and $455,723,737 for fiscal year 2025 
                shall be available to carry out section 5310, of which 
                not less than--
                            ``(i) $5,075,500 for fiscal year 2022, 
                        $5,154,678 for fiscal year 2023, $5,237,153 for 
                        fiscal year 2024, and $5,319,376 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5310(j); and
                            ``(ii) $20,302,000 for fiscal year 2022, 
                        $20,618,711 for fiscal year 2023, $20,948,611 
                        for fiscal year 2024, and $21,277,504 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5310(k);
                    ``(E) $1,025,199,724 for fiscal year 2022, 
                $1,041,192,839 for fiscal year 2023, $1,057,851,925 for 
                fiscal year 2024, and $1,074,460,200 for fiscal year 
                2025 shall be available to carry out section 5311, of 
                which not less than--
                            ``(i) $55,679,500 for fiscal year 2022, 
                        $56,392,100 for fiscal year 2023, $57,134,374 
                        for fiscal year 2024, and $57,874,383 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5311(c)(1); and
                            ``(ii) $50,755,000 for fiscal year 2022, 
                        $51,546,778 for fiscal year 2023, $52,371,526 
                        for fiscal year 2024, and $53,193,759 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5311(c)(2);
                    ``(F) $33,498,300 for fiscal year 2022, $34,020,873 
                for fiscal year 2023, $34,565,207 for fiscal year 2024, 
                and $35,107,881 for fiscal year 2025 shall be available 
                to carry out section 5312, of which not less than--
                            ``(i) $5,075,500 for fiscal year 2022, 
                        $5,154,678 for fiscal year 2023, $5,237,153 for 
                        fiscal year 2024, and $5,319,376 for fiscal 
                        year 2025 shall be available to carry out each 
                        of sections 5312(d)(3), 5312(d)(4) and 5312(j);
                            ``(ii) $3,045,300 for fiscal year 2022, 
                        $3,092,807 for fiscal year 2023, $3,142,292 for 
                        fiscal year 2024, and $3,191,626 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5312(h); and
                            ``(iii) $10,151,000 for fiscal year 2022, 
                        $10,309,356 for fiscal year 2023, $10,474,305 
                        for fiscal year 2024, and $10,638,752 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5312(i);
                    ``(G) $23,347,300 for fiscal year 2022, $23,711,518 
                for fiscal year 2023, $24,090,902 for fiscal year 2024, 
                and $24,469,129 for fiscal year 2025 shall be available 
                to carry out section 5314, of which not less than--
                            ``(i) $4,060,400 for fiscal year 2022, 
                        $4,123,742 for fiscal year 2023, $4,189,722 for 
                        fiscal year 2024, and $4,255,501 for fiscal 
                        year 2025 shall be available to carry out 
                        section of 5314(a);
                            ``(ii) $5,075,500 for fiscal year 2022, 
                        $5,154,678 for fiscal year 2023, $5,237,153 for 
                        fiscal year 2024, and $5,319,376 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5314(c); and
                            ``(iii) $12,181,200 for fiscal year 2022, 
                        $12,371,227 for fiscal year 2023, $12,569,166 
                        for fiscal year 2024, and $12,766,502 for 
                        fiscal year 2025 shall be available to carry 
                        out section 5314(b)(2);
                    ``(H) $5,075,500 for fiscal year 2022, $5,154,678 
                for fiscal year 2023, $5,237,153 for fiscal year 2024, 
                and $5,319,376 for fiscal year 2025 shall be available 
                to carry out section 5318;
                    ``(I) $30,453,000 for fiscal year 2022, $30,928,067 
                for fiscal year 2023, $31,422,916 for fiscal year 2024, 
                and $31,916,256 for fiscal year 2025 shall be available 
                to carry out section 5328, of which not less than--
                            ``(i) $25,377,500 for fiscal year 2022, 
                        $25,773,389 for fiscal year 2023, $26,185,763 
                        for fiscal year 2024, and $26,596,880 for 
                        fiscal year 2025 shall be available to carry 
                        out section of 5328(b); and
                            ``(ii) $2,537,750 for fiscal year 2022, 
                        $2,577,339 for fiscal year 2023, $2,618,576 for 
                        fiscal year 2024, and $2,659,688 for fiscal 
                        year 2025 shall be available to carry out 
                        section 5328(c);
                    ``(J) $4,060,400 for fiscal year 2022, $4,123,742 
                for fiscal year 2023, $4,189,722 for fiscal year 2024, 
                and $4,255,501 for fiscal year 2025 shall be available 
                to carry out section 5335;
                    ``(K) $4,192,573,361 for fiscal year 2022, 
                $4,266,448,314 for fiscal year 2023, $4,344,093,870 for 
                fiscal year 2024, and $4,422,314,724 for fiscal year 
                2025 shall be available to carry out section 5337;
                    ``(L) to carry out the bus formula program under 
                section 5339(a)--
                            ``(i) $1,240,328,213 for fiscal year 2022, 
                        $1,259,667,334 for fiscal year 2023, 
                        $1,279,832,171 for fiscal year 2024, and 
                        $1,299,925,536 for fiscal year 2025; except 
                        that
                            ``(ii) 15 percent of the amounts under 
                        clause (i) shall be available to carry out 
                        5339(d);
                    ``(M) $437,080,000 for fiscal year 2022, 
                $424,748,448 for fiscal year 2023, $387,944,423 for 
                fiscal year 2024, and $351,100,151 for fiscal year 2025 
                shall be available to carry out section 5339(b);
                    ``(N) $375,000,000 for fiscal year 2022, 
                $400,000,000 for fiscal year 2023, $450,000,000 for 
                fiscal year 2024, and $500,000,000 for fiscal year 2025 
                shall be available to carry out section 5339(c); and
                    ``(O) $587,133,905 for each of fiscal years 2022 
                through 2025 shall be available to carry out section 
                5340 to provide financial assistance for urbanized 
                areas under section 5307 and rural areas under section 
                5311, of which--
                            ``(i) $309,688,908 for each of fiscal years 
                        2022 through 2025 shall be for growing States 
                        under section 5340(c); and
                            ``(ii) $277,444,997 for each of fiscal 
                        years 2022 through 2025 shall be for high 
                        density States under section 5340(d).
    ``(b) Capital Investment Grants.--There are authorized to be 
appropriated to carry out section 5309 $3,500,000,000 for fiscal year 
2022, $4,250,000,000 for fiscal year 2023, $5,000,000,000 for fiscal 
year 2024, and 5,500,000,000 for fiscal year 2025.
    ``(c) Administration.--
            ``(1) In general.--There are authorized to be appropriated 
        to carry out section 5334, $142,060,785 for fiscal year 2022, 
        $144,191,696 for fiscal year 2023, $146,412,248 for fiscal year 
        2024, and 148,652,356 for fiscal year 2025.
            ``(2) Section 5329.--Of the amounts authorized to be 
        appropriated under paragraph (1), not less than $6,000,000 for 
        each of fiscal years 2022 through 2025 shall be available to 
        carry out section 5329.
            ``(3) Section 5326.--Of the amounts made available under 
        paragraph (2), not less than $2,500,000 for each of fiscal 
        years 2022 through 2025 shall be available to carry out section 
        5326.
    ``(d) Oversight.--
            ``(1) In general.--Of the amounts made available to carry 
        out this chapter for a fiscal year, the Secretary may use not 
        more than the following amounts for the activities described in 
        paragraph (2):
                    ``(A) 0.5 percent of amounts made available to 
                carry out section 5305.
                    ``(B) 0.75 percent of amounts made available to 
                carry out section 5307.
                    ``(C) 1 percent of amounts made available to carry 
                out section 5309.
                    ``(D) 1 percent of amounts made available to carry 
                out section 601 of the Passenger Rail Investment and 
                Improvement Act of 2008 (Public Law 110-432; 126 Stat. 
                4968).
                    ``(E) 0.5 percent of amounts made available to 
                carry out section 5310.
                    ``(F) 0.5 percent of amounts made available to 
                carry out section 5311.
                    ``(G) 1 percent of amounts made available to carry 
                out section 5337, of which not less than 25 percent of 
                such amounts shall be available to carry out section 
                5329 and of which not less than 10 percent of such 
                amounts shall be made available to carry out section 
                5320.
                    ``(H) 1 percent of amounts made available to carry 
                out section 5339 of which not less than 10 percent of 
                such amounts shall be made available to carry out 
                section 5320.
                    ``(I) 1 percent of amounts made available to carry 
                out section 5308.
            ``(2) Activities.--The activities described in this 
        paragraph are as follows:
                    ``(A) Activities to oversee the construction of a 
                major capital project.
                    ``(B) Activities to review and audit the safety and 
                security, procurement, management, and financial 
                compliance of a recipient or subrecipient of funds 
                under this chapter.
                    ``(C) Activities to provide technical assistance 
                generally, and to provide technical assistance to 
                correct deficiencies identified in compliance reviews 
                and audits carried out under this section.
            ``(3) Government share of costs.--The Government shall pay 
        the entire cost of carrying out a contract under this 
        subsection/activities described in paragraph (2).
            ``(4) Availability of certain funds.--Funds made available 
        under paragraph (1)(C) shall be made available to the Secretary 
        before allocating the funds appropriated to carry out any 
        project under a full funding grant agreement.
    ``(e) Grants as Contractual Obligations.--
            ``(1) Grants financed from highway trust fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts made available from the Mass Transit Account of the 
        Highway Trust Fund pursuant to this section is a contractual 
        obligation of the Government to pay the Government share of the 
        cost of the project.
            ``(2) Grants financed from general fund.--A grant or 
        contract that is approved by the Secretary and financed with 
        amounts appropriated in advance from the general fund of the 
        Treasury pursuant to this section is a contractual obligation 
        of the Government to pay the Government share of the cost of 
        the project only to the extent that amounts are appropriated 
        for such purpose by an Act of Congress.
    ``(f) Availability of Amounts.--Amounts made available by or 
appropriated under this section shall remain available until expended.
    ``(g) Limitation on Financial Assistance for State-Owned 
Enterprises.--
            ``(1) In general.--Funds provided under this section may 
        not be used in awarding a contract, subcontract, grant, or loan 
        to an entity that is owned or controlled by, is a subsidiary 
        of, or is otherwise related legally or financially to a 
        corporation based in a country that--
                    ``(A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of this Act;
                    ``(B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    ``(C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
            ``(2) Exception.--For purposes of paragraph (1), the term 
        `otherwise related legally or financially' does not include a 
        minority relationship or investment.
            ``(3) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.''.
    (b) Conforming Amendments.--
            (1) Section 5311 of title 49, United States Code, is 
        amended by striking ``5338(a)(2)(F)'' and inserting 
        ``5338(a)(2)(E)''.
            (2) Section 5312(i)(1) of title 49, United States Code, is 
        amended by striking ``5338(a)(2)(G)(ii)'' and inserting 
        ``5338(a)(2)(F)(iii)''.
            (3) Section 5333(b) of title 49, United States Code, is 
        amended by striking ``5328, 5337, and 5338(b)'' each place it 
        appears and inserting ``and 5337''.
            (4) Section 5336 of title 49, United States Code, is 
        amended--
                    (A) in subsection (d)(1) by striking 
                ``5338(a)(2)(C)'' and inserting ``5338(a)(2)(B)''; and
                    (B) in subsection (h) by striking ``5338(a)(2)(C)'' 
                and inserting ``5338(a)(2)(B)''.
            (5) Subsections (c) and (d)(1) of section 5327 of title 49, 
        United States Code, are amended by striking ``5338(f)'' and 
        inserting ``5338(d)''.
            (6) Section 5340(b) of title 49, United States Code, is 
        amended by striking ``5338(b)(2)(N)'' and inserting 
        ``5338(a)(2)(O)''.

SEC. 2102. CHAPTER 53 DEFINITIONS.

    Section 5302 of title 49, United States Code, is amended--
            (1) in paragraph (1)(E)--
                    (A) by striking ``and the installation'' and 
                inserting ``, the installation''; and
                    (B) by inserting ``, and bikeshare projects'' after 
                ``public transportation vehicles'';
            (2) in paragraph (3)--
                    (A) in subparagraph (G) by striking clause (iii) 
                and inserting the following:
                            ``(iii) provides a fair share of revenue 
                        established by the Secretary that will be used 
                        for public transportation, except for a joint 
                        development that is a community service (as 
                        defined by the Federal Transit Administration), 
                        publicly operated facility, or offers a minimum 
                        of 50 percent of units as affordable housing, 
                        meaning legally binding affordability 
                        restricted housing units available to tenants 
                        with incomes below 60 percent of the area 
                        median income or owners with incomes below the 
                        area median;''; and
                    (B) in subparagraph (N)--
                            (i) by striking ``no emission'' and 
                        inserting ``zero emission''; and
                            (ii) by striking ``(as defined in section 
                        5339(c))''; and
            (3) by adding at the end the following:
            ``(25) Resilience.--
                    ``(A) In general.--The term `resilience' means, 
                with respect to a facility, the ability to--
                            ``(i) anticipate, prepare for, or adapt to 
                        conditions; or
                            ``(ii) withstand, respond to, or recover 
                        rapidly from disruptions.
                    ``(B) Inclusions.--Such term includes, with respect 
                to a facility, the ability to--
                            ``(i) resist hazards or withstand impacts 
                        from disruptions;
                            ``(ii) reduce the magnitude, duration, or 
                        impact of a disruption; or
                            ``(iii) have the absorptive capacity, 
                        adaptive capacity, and recoverability to 
                        decrease vulnerability to a disruption.
            ``(26) Assault on a transit worker.--The term `assault on a 
        transit worker' means any circumstance in which an individual 
        knowingly, without lawful authority or permission, and with 
        intent to endanger the safety of any individual, or with a 
        reckless disregard for the safety of human life, interferes 
        with, disables, or incapacitates any transit worker while the 
        transit worker is performing his or her duties.''.

SEC. 2103. GENERAL PROVISIONS.

    Section 5323 of title 49, United States Code, is amended--
            (1) in subsection (d)--
                    (A) in paragraph (1) by striking ``urban area'' and 
                inserting ``urbanized area'';
                    (B) by adding at the end the following:
            ``(3) Exceptions.--This subsection shall not apply to 
        financial assistance under this chapter--
                    ``(A) in which the non-Federal share of project 
                costs are provided from amounts received under a 
                service agreement with a State or local social service 
                agency or private social service organization pursuant 
                to section 5307(d)(3)(E) or section 5311(g)(3)(C);
                    ``(B) provided to a recipient or subrecipient whose 
                sole receipt of such assistance derives from section 
                5310; or
                    ``(C) provided to a recipient operating a fixed 
                route service that is--
                            ``(i) for a period of less than 30 days;
                            ``(ii) accessible to the public;
                            ``(iii) contracted by a local government 
                        entity that provides local cost share to the 
                        recipient; and
                            ``(iv) not contracted for the purposes of a 
                        convention or on behalf of a convention and 
                        visitors bureau.
            ``(4) Guidelines.--The Secretary shall publish guidelines 
        for grant recipients and private bus operators that clarify 
        when and how a transit agency may step back and provide the 
        service in the event a registered charter provider does not 
        contact the customer, provide a quote, or provide the 
        service.'';
            (2) in subsection (h)--
                    (A) in paragraph (1) by adding ``or'' at the end; 
                and
                    (B) by striking paragraph (2) and redesignating 
                paragraph (3) as paragraph (2);
            (3) by striking subsection (j) and inserting the following:
    ``(j) Reporting Accessibility Complaints.--
            ``(1) In general.--The Secretary shall ensure that an 
        individual who believes that he or she, or a specific class in 
        which the individual belongs, has been subjected to 
        discrimination on the basis of disability by a State or local 
        governmental entity, private nonprofit organization, or Tribe 
        that operates a public transportation service and is a 
        recipient or subrecipient of funds under this chapter, may, by 
        the individual or by an authorized representative, file a 
        complaint with the Department of Transportation.
            ``(2) Procedures.--Not later than 1 year after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        implement procedures that allow an individual to submit a 
        complaint described in paragraph (1) by phone, mail-in form, 
        and online through the website of the Office of Civil Rights of 
        the Federal Transit Administration.
            ``(3) Notice to individuals with disabilities.--Not later 
        than 12 months after the date of enactment of the INVEST in 
        America Act, the Secretary shall require that each public 
        transit provider and contractor providing paratransit services 
        shall include on a publicly available website of the service 
        provider, any related mobile device application, and online 
        service--
                    ``(A) notice that an individual can file a 
                disability-related complaint with the local transit 
                agency and the process and any timelines for filing 
                such a complaint;
                    ``(B) the telephone number, or a comparable 
                electronic means of communication, for the disability 
                assistance hotline of the Office of Civil Rights of the 
                Federal Transit Administration;
                    ``(C) notice that a consumer can file a disability 
                related complaint with the Office of Civil Rights of 
                the Federal Transit Administration; and
                    ``(D) an active link to the website of the Office 
                of Civil Rights of the Federal Transit Administration 
                for an individual to file a disability-related 
                complaint.
            ``(4) Investigation of complaints.--Not later than 60 days 
        after the last day of each fiscal year, the Secretary shall 
        publish a report that lists the disposition of complaints 
        described in paragraph (1), including--
                    ``(A) the number and type of complaints filed with 
                Department of Transportation;
                    ``(B) the number of complaints investigated by the 
                Department;
                    ``(C) the result of the complaints that were 
                investigated by the Department including whether the 
                complaint was resolved--
                            ``(i) informally;
                            ``(ii) by issuing a violation through a 
                        noncompliance Letter of Findings; or
                            ``(iii) by other means, which shall be 
                        described; and
                    ``(D) if a violation was issued for a complaint, 
                whether the Department resolved the noncompliance by--
                            ``(i) reaching a voluntary compliance 
                        agreement with the entity;
                            ``(ii) referring the matter to the Attorney 
                        General; or
                            ``(iii) by other means, which shall be 
                        described.
            ``(5) Report.--The Secretary shall, upon implementation of 
        this section and annually thereafter, submit to the Committee 
        on Transportation and Infrastructure of the House of 
        Representatives, the Committee on Banking, Housing, and Urban 
        Affairs of the Senate, and make publicly available a report 
        containing the information collected under this section.'';
            (4) by striking subsection (m) and inserting the following:
    ``(m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--The Secretary shall prescribe regulations requiring a 
preaward and postdelivery review of a grant under this chapter to buy 
rolling stock to ensure compliance with bid specifications requirements 
of grant recipients under this chapter. Under this subsection, grantee 
inspections and review are required, and a manufacturer certification 
is not sufficient.''; and
            (5) in subsection (r)--
                    (A) by inserting ``or beneficial'' after 
                ``detrimental'';
                    (B) by striking the period at the end and inserting 
                ``; and'';
                    (C) by striking ``under this chapter may not deny'' 
                and inserting the following: ``under this chapter--
            ``(1) may not deny''; and
                    (D) by adding at the end the following:
            ``(2) shall respond to any request for reasonable access 
        within 75 days of the receipt of the request and, if a 
        recipient of assistance under this chapter denies access to a 
        private intercity or charter transportation operator based on 
        the reasonable access standards, provide, in writing, the 
        reasons for the denial.''.

SEC. 2104. MISCELLANEOUS PROVISIONS.

    (a) State of Good Repair Grants.--Section 5337(e) of title 49, 
United States Code, is amended by adding at the end the following:
            ``(3) Accessibility costs.--Notwithstanding paragraph (1), 
        the Federal share of the net project cost of a project to 
        provide accessibility in compliance with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) shall be 90 
        percent.''.
    (b) Apportionments Based on Growing States and High Density States 
Formula Factors.--Section 5340(a) of title 49, United States Code, is 
amended by inserting ``and the District of Columbia'' after ``United 
States''.
    (c) Technical Assistance and Workforce Development.--Section 5314 
of title 49, United States Code, is amended--
            (1) in subsection (a)(1)(B)--
                    (A) in clause (i) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (ii) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(iii) technical assistance to assist 
                        recipients with the impacts of a new census 
                        count.''; and
            (2) in subsection (c)(4)(A) by inserting ``, 5311'' after 
        ``5307''.
    (d) National Transit Database.--Section 5335 of title 49, United 
States Code, is amended--
            (1) in subsection (a) by inserting ``, including 
        information on transit routes and ridership on those routes'' 
        after ``public sector investment decision''; and
            (2) in subsection (c) by inserting ``, any data on each 
        assault on a transit worker, and pedestrian injuries and 
        fatalities as a result of an impact with a bus. Each of the 
        data sets shall be publicly reported without aggregating the 
        data with other safety data'' after ``by the recipient''.
    (e) Urbanized Area Formula Grants.--Section 5307 of title 49, 
United States Code, is amended--
            (1) in subsection (a)(2)(A)--
                    (A) in clause (i) by striking ``or'' at the end; 
                and
                    (B) by adding at the end the following:
                            ``(iii) operate a minimum of 101 buses and 
                        a maximum of 125 buses in fixed route service 
                        or demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment which 
                        is attributable to such systems within the 
                        urbanized area, as measured by vehicle revenue 
                        hours; or'';
            (2) in subsection (a)(2)(B)--
                    (A) in clause (i) by striking ``or'' at the end;
                    (B) in clause (ii) by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) operate a minimum of 101 buses and 
                        a maximum of 125 buses in fixed route service 
                        or demand response service, excluding ADA 
                        complementary paratransit service, during peak 
                        service hours, in an amount not to exceed 25 
                        percent of the share of the apportionment 
                        allocated to such systems within the urbanized 
                        area, as determined by the local planning 
                        process and included in the designated 
                        recipient's final program of projects prepared 
                        under subsection (b).''; and
            (3) in subsection (b)--
                    (A) in paragraph (6) by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (7) as paragraph 
                (8); and
                    (C) by inserting after paragraph (6) the following:
            ``(7) ensure that the proposed program of projects provides 
        improved access to transit for the individuals described in 
        section 5336(j); and''.
    (f) Technical Correction.--Section 5307(a)(2)(B)(ii) of title 49, 
United States Code, is amended by striking ``service during peak'' and 
inserting ``service, during peak''.
    (g) Imposition of Deadline.--Section 5324 of title 49, United 
States Code, is amended by adding at the end the following:
    ``(f) Imposition of Deadline.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded under 
        this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                    ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (d)(1)(A); or
                    ``(B) the date on which the President declared the 
                emergency to be a major disaster, as described in such 
                subsection.
            ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant such an extension.''.
    (h) Transportation Development Credits as Local Match.--
            (1) Section 5307.--Section 5307(d)(3) of title 49, United 
        States Code, is amended--
                    (A) in subparagraph (D) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(F) transportation development credits.''.
            (2) Section 5309.--Section 5309 of title 49, United States 
        Code, is amended--
                    (A) in subsection (f) by adding at the end the 
                following:
            ``(3) Transportation development credits.--For purposes of 
        assessments and determinations under this subsection or 
        subsection (h), transportation development credits that are 
        included as a source of local financing or match shall be 
        treated the same as other sources of local financing.''; and
                    (B) in subsection (l)(4)--
                            (i) in subparagraph (B) by striking ``; 
                        or'' and inserting a semicolon;
                            (ii) in subparagraph (C) by striking the 
                        period and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(D) transportation development credits.''.
            (3) Section 5339.--Section 5339(a)(7)(B) of title 49, 
        United States Code, is amended--
                    (A) in clause (iv) by striking ``; or'' and 
                inserting a semicolon;
                    (B) in clause (v) by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(vi) transportation development 
                        credits.''.

SEC. 2105. POLICIES AND PURPOSES.

    Section 5301(b) of title 49, United States Code, is amended--
            (1) in paragraph (7) by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (8) by striking the period and inserting a 
        semicolon; and
            (3) by adding at the end the following:
            ``(9) reduce the contributions of the surface 
        transportation system to the total carbon pollution of the 
        United States; and
            ``(10) improve the resiliency of the public transportation 
        network to withstand weather events and other natural 
        disasters.''.

SEC. 2106. FISCAL YEAR 2022 FORMULAS.

    For fiscal year 2022, the Secretary shall apportion and distribute 
formula funds provided for under chapter 53 of title 49, United States 
Code, using data submitted to the 2019 National Transit Database.

SEC. 2107. METROPOLITAN TRANSPORTATION PLANNING.

    Section 5303 of title 49, United States Code, is amended--
            (1) by amending subsection (a)(1) to read as follows:
            ``(1) to encourage and promote the safe and efficient 
        management, operation, and development of surface 
        transportation systems that will serve the mobility needs of 
        people and freight, foster economic growth and development 
        within and between States and urbanized areas, and take into 
        consideration resiliency and climate change adaptation needs 
        while reducing transportation-related fuel consumption, air 
        pollution, and greenhouse gas emissions through metropolitan 
        and statewide transportation planning processes identified in 
        this chapter; and''.
            (2) in subsection (b)--
                    (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8), respectively; and
                    (B) by inserting after paragraph (5) the following:
            ``(6) STIP.--The term `STIP' means a statewide 
        transportation improvement program developed by a State under 
        section 135(g).'';
            (3) in subsection (c)--
                    (A) in paragraph (1) by striking ``and 
                transportation improvement programs'' and inserting 
                ``and TIPs''; and
                    (B) by adding at the end the following:
            ``(4) Consideration.--In developing the plans and TIPs, 
        metropolitan planning organizations shall consider direct and 
        indirect emissions of greenhouse gases.'';
            (4) in subsection (d)--
                    (A) in paragraph (2) by striking ``Not later than 2 
                years after the date of enactment of the Federal Public 
                Transportation Act of 2012, each'' and inserting 
                ``Each'';
                    (B) in paragraph (3) by adding at the end the 
                following:
                    ``(D) Considerations.--
                            ``(i) Equitable and proportional 
                        representation.--In designating officials or 
                        representatives under paragraph (2), the 
                        metropolitan planning organization shall 
                        consider the equitable and proportional 
                        representation of the population of the 
                        metropolitan planning area.
                            ``(ii) Savings clause.--Nothing in this 
                        paragraph shall require a metropolitan planning 
                        organization in existence on the date of 
                        enactment of this subparagraph to be 
                        restructured.
                            ``(iii) Redesignation.--Notwithstanding 
                        clause (ii), the requirements of this paragraph 
                        shall apply to any metropolitan planning 
                        organization redesignated under paragraph 
                        (6).'';
                    (C) in paragraph (6)(B) by striking ``paragraph 
                (2)'' and inserting ``paragraphs (2) or (3)(D)''; and
                    (D) in paragraph (7)--
                            (i) by striking ``an existing metropolitan 
                        planning area'' and inserting ``an urbanized 
                        area''; and
                            (ii) by striking ``the existing 
                        metropolitan planning area'' and inserting 
                        ``the area'';
            (5) in subsection (g)--
                    (A) in paragraph (1) by striking ``a metropolitan 
                area'' and inserting ``an urbanized area'';
                    (B) in paragraph (2) by striking ``Mpos'' and 
                inserting ``Metropolitan planning areas''
                    (C) in paragraph (3)(A) by inserting ``emergency 
                response and evacuation, climate change adaptation and 
                resilience,'' after ``disaster risk reduction,''; and
                    (D) by adding at the end the following:
            ``(4) Coordination between mpos.--
                    ``(A) In general.--If more than one metropolitan 
                planning organization is designated within an urbanized 
                area under subsection (d)(7), the metropolitan planning 
                organizations designated within the area shall ensure, 
                to the maximum extent practicable, the consistency of 
                any data used in the planning process, including 
                information used in forecasting transportation demand.
                    ``(B) Savings clause.--Nothing in this paragraph 
                requires metropolitan planning organizations designated 
                within a single urbanized area to jointly develop 
                planning documents, including a unified long-range 
                transportation plan or unified TIP.'';
            (6) in subsection (h)(1)--
                    (A) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) protect and enhance the environment, promote 
                energy conservation, reduce greenhouse gas emissions, 
                improve the quality of life and public health, and 
                promote consistency between transportation improvements 
                and State and local planned growth and economic 
                development patterns, including housing and land use 
                patterns;'';
                    (B) in subparagraph (H) by striking ``and'' at the 
                end;
                    (C) in subparagraph (I) by striking the period at 
                the end and inserting ``and reduce or mitigate 
                stormwater, sea level rise, extreme weather, and 
                climate change impacts of surface transportation;''; 
                and
                    (D) by inserting after subparagraph (I) the 
                following:
                    ``(J) facilitate emergency management, response, 
                and evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access; and
                    ``(L) support inclusive zoning policies and land 
                use planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households.'';
            (7) in subsection (h)(2) by striking subparagraph (A) and 
        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the metropolitan 
                transportation planning process shall support the 
                national goals described in section 150(b), the 
                achievement of metropolitan and statewide targets 
                established under section 150(d), the improvement of 
                transportation system access (consistent with section 
                150(f)), and the general purposes described in section 
                5301 of title 49.'';
            (8) in subsection (i)--
                    (A) in paragraph (2)(D)(i) by inserting ``reduce 
                greenhouse gas emissions and'' before ``restore and 
                maintain'';
                    (B) in paragraph (2)(G) by inserting ``and climate 
                change'' after ``infrastructure to natural disasters'';
                    (C) in paragraph (2)(H) by inserting ``greenhouse 
                gas emissions,'' after ``pollution,'';
                    (D) in paragraph (5)--
                            (i) in subparagraph (A) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Issues.--The consultation shall involve, as 
                appropriate, comparison of transportation plans to 
                other relevant plans, including, if available--
                            ``(i) State conservation plans or maps; and
                            ``(ii) inventories of natural or historic 
                        resources.''; and
                    (E) by amending paragraph (6)(C) to read as 
                follows:
                    ``(C) Methods.--
                            ``(i) In general.--In carrying out 
                        subparagraph (A), the metropolitan planning 
                        organization shall, to the maximum extent 
                        practicable--
                                    ``(I) hold any public meetings at 
                                convenient and accessible locations and 
                                times;
                                    ``(II) employ visualization 
                                techniques to describe plans; and
                                    ``(III) make public information 
                                available in electronically accessible 
                                format and means, such as the internet, 
                                as appropriate to afford reasonable 
                                opportunity for consideration of public 
                                information under subparagraph (A).
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the metropolitan 
                        planning organization shall, to the maximum 
                        extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
            (9) in subsection (j)--
                    (A) by striking ``transportation improvement 
                program'' and inserting ``TIP'' each place it appears; 
                and
                    (B) in paragraph (2)(D)--
                            (i) by striking ``Performance target 
                        achievement'' and inserting ``Performance 
                        management'';
                            (ii) by striking ``The TIP'' and inserting 
                        the following:
                            ``(i) In general.--The TIP''; and
                            (iii) by adding at the end the following:
                            ``(ii) Transportation management areas.--
                        For metropolitan planning areas that represent 
                        an urbanized area designated as a 
                        transportation management area under subsection 
                        (k), the TIP shall include--
                                    ``(I) a discussion of the 
                                anticipated effect of the TIP toward 
                                achieving the performance targets 
                                established in the metropolitan 
                                transportation plan, linking investment 
                                priorities to such performance targets; 
                                and
                                    ``(II) a description of how the TIP 
                                would improve the overall level of 
                                transportation system access, 
                                consistent with section 150(f) of title 
                                23.'';
            (10) in subsection (k)--
                    (A) in paragraph (3)(A)--
                            (i) by striking ``shall address congestion 
                        management'' and inserting the following: 
                        ``shall address--
                            ``(i) congestion management'';
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(ii) the overall level of transportation 
                        system access for various modes of travel 
                        within the metropolitan planning area, 
                        including the level of access for economically 
                        disadvantaged communities, consistent with 
                        section 150(f) of title 23, that is based on a 
                        cooperatively developed and implemented 
                        metropolitan-wide strategy, assessing both new 
                        and existing transportation facilities eligible 
                        for funding under this chapter and title 23.''; 
                        and
                    (B) in paragraph (5)(B)--
                            (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                            (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) the TIP approved under clause (ii) 
                        improves the level of transportation system 
                        access, consistent with section 150(f) of title 
                        23.'';
            (11) in subsection (l)(2)--
                    (A) by striking ``5 years after the date of 
                enactment of the Federal Public Transportation Act of 
                2012'' and inserting ``2 years after the date of 
                enactment of the INVEST in America Act, and every 2 
                years thereafter,'';
                    (B) in subparagraph (C) by striking ``and whether 
                metropolitan planning organizations are developing 
                meaningful performance targets; and'' and inserting a 
                semicolon; and
                    (C) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) a listing of all metropolitan planning 
                organizations that are establishing performance targets 
                and whether such performance targets established by the 
                metropolitan planning organization are meaningful or 
                regressive (as defined in section 150(d)(3)(B) of title 
                23); and
                    ``(E) the progress of implementing the measure 
                established under section 150(f) of title 23.''; and
            (12) by striking ``Federally'' each place it appears and 
        inserting ``federally''.

SEC. 2108. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.

    Section 5304 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (2)--
                            (i) by striking ``The statewide 
                        transportation plan and the'' and inserting the 
                        following:
                    ``(A)  In general.--The statewide transportation 
                plan and the'';
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP''; 
                        and
                            (iii) by adding at the end the following:
                    ``(B) Consideration.--In developing the statewide 
                transportation plans and STIPs, States shall consider 
                direct and indirect emissions of greenhouse gases.''; 
                and
                    (C) in paragraph (3) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (2) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (E)--
                                    (I) by inserting ``reduce 
                                greenhouse gas emissions,'' after 
                                ``promote energy conservation,'';
                                    (II) by inserting ``and public 
                                health'' after ``improve the quality of 
                                life''; and
                                    (III) by inserting ``, including 
                                housing and land use patterns'' after 
                                ``economic development patterns'';
                            (ii) in subparagraph (H) by striking 
                        ``and'';
                            (iii) in subparagraph (I) by striking the 
                        period at the end and inserting ``and reduce or 
                        mitigate stormwater, sea level rise, extreme 
                        weather, and climate change impacts of surface 
                        transportation;''; and
                            (iv) by adding at the end the following:
                    ``(J) facilitate emergency management, response, 
                and evacuation and hazard mitigation;
                    ``(K) improve the level of transportation system 
                access; and
                    ``(L) support inclusive zoning policies and land 
                use planning practices that incentivize affordable, 
                elastic, and diverse housing supply, facilitate long-
                term economic growth by improving the accessibility of 
                housing to jobs, and prevent high housing costs from 
                displacing economically disadvantaged households.'';
                    (B) in paragraph (2)--
                            (i) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) In general.--Through the use of a 
                performance-based approach, transportation investment 
                decisions made as a part of the statewide 
                transportation planning process shall support--
                            ``(i) the national goals described in 
                        section 150(b);
                            ``(ii) the consideration of transportation 
                        system access (consistent with section 150(f));
                            ``(iii) the achievement of statewide 
                        targets established under section 150(d); and
                            ``(iv) the general purposes described in 
                        section 5301 of title 49.''; and
                            (ii) in subparagraph (D) by striking 
                        ``statewide transportation improvement 
                        program'' and inserting ``STIP''; and
                    (C) in paragraph (3) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
            (3) in subsection (e)(3) by striking ``transportation 
        improvement program'' and inserting ``STIP'';
            (4) in subsection (f)--
                    (A) in paragraph (2)(D)--
                            (i) in clause (i) by inserting ``air 
                        quality, public health, housing, 
                        transportation, resilience, hazard mitigation, 
                        emergency management,'' after 
                        ``conservation,''; and
                            (ii) by amending clause (ii) to read as 
                        follows:
                            ``(ii) Comparison and consideration.--
                        Consultation under clause (i) shall involve the 
                        comparison of transportation plans to other 
                        relevant plans and inventories, including, if 
                        available--
                                    ``(I) State and tribal conservation 
                                plans or maps; and
                                    ``(II) inventories of natural or 
                                historic resources.'';
                    (B) in paragraph (3)(B)--
                            (i) by striking ``In carrying out'' and 
                        inserting the following:
                            ``(i) In general.--in carrying out'';
                            (ii) by redesignating clauses (i) through 
                        (iv) as subclauses (I) through (IV), 
                        respectively; and
                            (iii) by adding at the end the following:
                            ``(ii) Additional methods.--In addition to 
                        the methods described in clause (i), in 
                        carrying out subparagraph (A), the State shall, 
                        to the maximum extent practicable--
                                    ``(I) use virtual public 
                                involvement, social media, and other 
                                web-based tools to encourage public 
                                participation and solicit public 
                                feedback; and
                                    ``(II) use other methods, as 
                                appropriate, to further encourage 
                                public participation of historically 
                                underrepresented individuals in the 
                                transportation planning process.'';
                    (C) in paragraph (4)(A) by inserting ``reduce 
                greenhouse gas emissions and'' after ``potential to''; 
                and
                    (D) in paragraph (8) by inserting ``including 
                consideration of the role that intercity buses may play 
                in reducing congestion, pollution, greenhouse gas 
                emissions, and energy consumption in a cost-effective 
                manner and strategies and investments that preserve and 
                enhance intercity bus systems, including systems that 
                are privately owned and operated'' after 
                ``transportation system'';
            (5) in subsection (g)--
                    (A) in paragraph (1)(A) by striking ``statewide 
                transportation improvement program'' and inserting 
                ``STIP'';
                    (B) in paragraph (4)--
                            (i) by striking ``Performance target 
                        achievement'' and inserting ``Performance 
                        management'';
                            (ii) by striking ``shall include, to the 
                        maximum extent practicable, a discussion'' and 
                        inserting the following: ``shall include
                    ``(A) a discussion'';
                            (iii) by striking the period at the end and 
                        inserting ``; and'';
                            (iv) by striking ``statewide transportation 
                        improvement program'' and inserting ``STIP'' 
                        each place it appears; and
                            (v) by adding at the end the following:
                    ``(B) a consideration of how the STIP impacts the 
                overall level of transportation system access, 
                consistent with section 150(f) of title 23.'';
                    (C) in paragraph (5)--
                            (i) in subparagraph (A) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (ii) in subparagraph (B)(ii) by striking 
                        ``metropolitan transportation improvement 
                        program'' and inserting ``TIP'';
                            (iii) in subparagraph (C) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (iv) in subparagraph (E) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                            (v) in subparagraph (F)(i) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'' each place it appears;
                            (vi) in subparagraph (G)(ii) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP''; and
                            (vii) in subparagraph (H) by striking 
                        ``transportation improvement program'' and 
                        inserting ``STIP'';
                    (D) in paragraph (6)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``transportation 
                                improvement program'' and inserting 
                                ``STIP''; and
                                    (II) by striking ``and projects 
                                carried out under the bridge program or 
                                the Interstate maintenance program 
                                under title 23''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``or under the 
                                bridge program or the Interstate 
                                maintenance program''; and
                                    (II) by striking ``statewide 
                                transportation improvement program'' 
                                and inserting ``STIP'';
                    (E) in paragraph (7)--
                            (i) in the heading by striking 
                        ``Transportation improvement program'' and 
                        inserting ``STIP''; and
                            (ii) by striking ``transportation 
                        improvement program'' and inserting ``STIP'';
                    (F) in paragraph (8) by striking ``statewide 
                transportation plans and programs'' and inserting 
                ``statewide transportation plans and STIPs''; and
                    (G) in paragraph (9) by striking ``transportation 
                improvement program'' and inserting ``STIP'';
            (6) in subsection (h)(2)(A) by striking ``Not later than 5 
        years after the date of enactment of the Federal Public 
        Transportation Act of 2012,'' and inserting ``Not less 
        frequently than once every 4 years,'';
            (7) in subsection (j) by striking ``transportation 
        improvement program'' and inserting ``STIP'' each place it 
        appears; and
            (8) in subsection (l) by striking ``transportation 
        improvement programs'' and inserting ``STIPs''.

SEC. 2109. OBLIGATION LIMITATION.

    Notwithstanding any other provision of law, the total of all 
obligations from amounts made available from the Mass Transit Account 
of the Highway Trust Fund by subsection (a) of section 5338 of title 
49, United States Code, shall not exceed--
            (1) $16,185,800,000 in fiscal year 2022;
            (2) $16,437,600,000 in fiscal year 2023;
            (3) $16,700,600,000 in fiscal year 2024; and
            (4) $16,963,600,000 in fiscal year 2025.

SEC. 2110. PUBLIC TRANSPORTATION EMERGENCY RELIEF FUNDS.

    Section 5324 of title 49, United States Code, is further amended by 
adding at the end the following:
    ``(g) Imposition of Deadline.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the Secretary may not require any project funded pursuant 
        to this section to advance to the construction obligation stage 
        before the date that is the last day of the sixth fiscal year 
        after the later of--
                    ``(A) the date on which the Governor declared the 
                emergency, as described in subsection (a)(2); or
                    ``(B) the date on which the President declared a 
                major disaster, as described in such subsection.
            ``(2) Extension of deadline.--If the Secretary imposes a 
        deadline for advancement to the construction obligation stage 
        pursuant to paragraph (1), the Secretary may, upon the request 
        of the Governor of the State, issue an extension of not more 
        than 1 year to complete such advancement, and may issue 
        additional extensions after the expiration of any extension, if 
        the Secretary determines the Governor of the State has provided 
        suitable justification to warrant an extension.''.

SEC. 2111. CERTIFICATION REQUIREMENTS.

    The certification requirements described in section 661.12 of title 
49, Code of Federal Regulations, shall, after the date of enactment of 
this Act, include a certification that buses or other rolling stock 
(including train control, communication and traction power equipment) 
being procured do not contain or use any covered telecommunications 
equipment or services, as such term is defined by section 889 of the 
John S. McCain National Defense Authorization Act for Fiscal Year 2019 
(Public Law 115-232).

SEC. 2112. HOLD HARMLESS.

    Notwithstanding any other provision of law, for fiscal years 2021 
and 2022, the Secretary of Transportation shall allow project sponsors, 
at the request of such sponsor, to submit ridership and service data 
and projections collected before January 20, 2020 and projections based 
on that data to determine project eligibility under section 5309 of 
title 49, United States Code.

             Subtitle B--Improving Frequency and Ridership

SEC. 2201. MULTI-JURISDICTIONAL BUS FREQUENCY AND RIDERSHIP COMPETITIVE 
              GRANTS.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5307 the following new section:
``Sec. 5308. Multi-jurisdictional bus frequency and ridership 
              competitive grants
    ``(a) In General.--The Secretary shall make grants under this 
section, on a competitive basis, to eligible recipients to increase the 
frequency and ridership of public transit buses.
    ``(b) Applications.--To be eligible for a grant under this section, 
an eligible recipient shall submit to the Secretary an application at 
such time, in such manner, and containing such information as the 
Secretary may require.
    ``(c) Application Timing.--Not later than 90 days after amounts are 
made available to carry out this section, the Secretary shall solicit 
grant applications from eligible recipients for projects described in 
subsection (d).
    ``(d) Uses of Funds.--An eligible recipient of a grant under this 
section shall use such grant for capital projects that--
            ``(1) increase--
                    ``(A) the frequency of bus service;
                    ``(B) bus ridership; and
                    ``(C) total person throughput; and
            ``(2) are consistent with, and as described in, the design 
        guidance issued by the National Association of City 
        Transportation Officials and titled `Transit Street Design 
        Guide'.
    ``(e) Grant Criteria.--In making grants under this section, the 
Secretary shall consider the following:
            ``(1) Each eligible recipient's projected increase in bus 
        frequency.
            ``(2) Each eligible recipient's projected increase in bus 
        ridership.
            ``(3) Each eligible recipient's projected increase in total 
        person throughput.
            ``(4) The degree of regional collaboration described in 
        each eligible recipient's application, including collaboration 
        with--
                    ``(A) a local government entity that operates a 
                public transportation service;
                    ``(B) local government agencies that control street 
                design;
                    ``(C) metropolitan planning organizations (as such 
                term is defined in section 5303); and
                    ``(D) State departments of transportation.
    ``(f) Grant Timing.--The Secretary shall award grants under this 
section not later than 120 days after the date on which the Secretary 
completes the solicitation described in subsection (c).
    ``(g) Requirements of the Secretary.--In carrying out the program 
under this section, the Secretary shall--
            ``(1) not later than the date described in subsection (c), 
        publish in the Federal Register a list of all metrics and 
        evaluation procedures to be used in making grants under this 
        section; and
            ``(2) publish in the Federal Register--
                    ``(A) a summary of the final metrics and 
                evaluations used in making grants under this section; 
                and
                    ``(B) a list of the ratings of eligible recipients 
                receiving a grant under this section based on such 
                metrics and evaluations.
    ``(h) Federal Share.--
            ``(1) In general.--The Federal share of the cost of a 
        project carried out under this section shall not exceed 80 
        percent.
            ``(2) Restriction on grant amounts.--The Secretary may make 
        a grant for a project under this section in an amount up to 150 
        percent of the amount--
                    ``(A) provided for such project under title 23; and
                    ``(B) provided for such project from non-Federal 
                funds budgeted for roadways.
    ``(i) Requirements of Section 5307.--Except as otherwise provided 
in this section, a grant under this section shall be subject to the 
requirements of section 5307.
    ``(j) Availability of Funds.--
            ``(1) In general.--Amounts made available to carry out this 
        section shall remain available for 4 fiscal years after the 
        fiscal year for which the amount was made available.
            ``(2) Unobligated amounts.--After the expiration of the 
        period described in paragraph (1) for an amount made available 
        to carry out this section, any unobligated amounts made 
        available to carry out this section shall be added to the 
        amounts made available for the following fiscal year.
    ``(k) Eligible Recipients.--In this section, the term `eligible 
recipient' means a recipient of a grant under section 5307 in an 
urbanized area with a population greater than 500,000.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5307 the following new item:

``5308. Multi-jurisdictional bus frequency and ridership competitive 
                            grants.''.

SEC. 2202. INCENTIVIZING FREQUENCY IN THE URBAN FORMULA.

    Section 5336 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i) by striking ``95.61 percent'' and 
                                inserting ``95 percent'';
                                    (II) in clause (i) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                                    (III) in clause (ii) by striking 
                                ``95.61 percent'' and inserting ``95 
                                percent''; and
                            (ii) in subparagraph (B)--
                                    (I) in the matter preceding clause 
                                (i) by striking ``4.39 percent'' and 
                                inserting ``5 percent'';
                                    (II) in clause (i)--
                                            (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                            (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in an area'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                                    (III) in clause (ii)--
                                            (aa) by inserting ``in the 
                                        highest 25 percent of routes by 
                                        ridership'' before ``multiplied 
                                        by''; and
                                            (bb) by striking ``vehicle 
                                        passenger miles traveled for 
                                        each dollar of operating cost 
                                        in all areas'' and inserting 
                                        ``vehicles operating in peak 
                                        revenue service per hour in the 
                                        highest 25 percent of routes by 
                                        ridership''; and
                    (B) by adding at the end the following:
            ``(3) Special rule.--For fiscal year 2022, the percentage--
                    ``(A) in paragraph (2)(A) in the matter preceding 
                clause (i) shall be treated as 100 percent; and
                    ``(B) in paragraph (2)(B) in the matter preceding 
                clause (i) shall be treated as 0 percent.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``90.8 percent'' 
                and inserting ``90 percent'' each place it appears;
                    (B) in paragraph (2)--
                            (i) by striking ``9.2 percent'' and 
                        inserting ``8 percent'';
                            (ii) by striking ``200,000'' and inserting 
                        ``500,000'';
                            (iii) by striking subparagraph (A) and 
                        inserting the following:
                    ``(A) the number of bus passenger miles traveled on 
                the highest 25 percent of routes by ridership 
                multiplied by the number of buses operating in peak 
                revenue service per hour on the highest 25 percent of 
                routes by ridership; divided by''; and
                            (iv) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) the total number of bus passenger miles 
                traveled on the highest 25 percent of routes by 
                ridership multiplied by the total number of buses 
                operating in peak revenue service per hour on the 
                highest 25 percent of routes by ridership in all 
                areas.''; and
                    (C) by adding at the end the following:
            ``(3) Two percent of the total amount apportioned under 
        this subsection shall be apportioned so that each urbanized 
        area with a population of at least 200,000 and less than 
        500,000 is entitled to receive an amount using the formula in 
        paragraph (1).
            ``(4) For fiscal year 2022, the percentage--
                    ``(A) in paragraph (1) in the matter preceding 
                subparagraph (A) shall be treated as 100 percent;
                    ``(B) in paragraph (2) in the matter preceding 
                subparagraph (A) shall be treated as 0 percent; and
                    ``(C) in paragraph (3) shall be treated as 0 
                percent.''; and
            (3) by adding at the end the following:
    ``(k) Peak Revenue Service Defined.--In this section, the term 
`peak revenue service' means the time period between the time in the 
morning that an agency first exceeds the number of midday vehicles in 
revenue service and the time in the evening that an agency falls below 
the number of midday vehicles in revenue service.''.

SEC. 2203. MOBILITY INNOVATION.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5315 the following new section:
``Sec. 5316. Mobility innovation
    ``(a) In General.--Amounts made available to a covered recipient to 
carry out sections 5307, 5310, and 5311 may be used by such covered 
recipient under this section to assist in the financing of--
            ``(1) mobility as a service; and
            ``(2) mobility on demand services.
    ``(b) Federal Share.--
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3), the Federal share of the net cost of a project carried out 
        under this section shall not exceed 70 percent.
            ``(2) Insourcing incentive.--Notwithstanding paragraph (1), 
        the Federal share of the net cost of a project described in 
        paragraph (1) shall not exceed 90 percent for mobility on 
        demand service operated exclusively by personnel employed by 
        the recipient.
            ``(3) Zero emission incentive.--Notwithstanding paragraph 
        (1), the Federal share of the net cost of a project described 
        in paragraph (1) shall not exceed 90 percent if such project 
        involves an eligible use that uses a vehicle that produces zero 
        carbon dioxide or particulate matter.
    ``(c) Eligible Uses.--
            ``(1) In general.--The Secretary shall publish guidance 
        describing eligible activities that are demonstrated to--
                    ``(A) increase transit ridership;
                    ``(B) be complementary to fixed route transit 
                service;
                    ``(C) demonstrate meaningful improvements in--
                            ``(i) environmental metrics, including 
                        standards established pursuant to the Clean Air 
                        Act (42 U.S.C. 7401 et seq.) and greenhouse gas 
                        performance targets established pursuant to 
                        section 150(d) of title 23;
                            ``(ii) traffic congestion;
                            ``(iii) compliance with the requirements 
                        under the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.);
                            ``(iv) low-income service to increase 
                        access to employment, healthcare, and other 
                        essential services;
                            ``(v) service outside of transit agency 
                        operating hours, provided that the transit 
                        agency operating hours are not reduced;
                            ``(vi) new low density service relative to 
                        the higher density urban areas of the agency's 
                        service area; or
                            ``(vii) rural service.
                    ``(D) Fare collection modernization.--In developing 
                guidance referred to in this section, the Secretary 
                shall ensure that--
                            ``(i) all costs associated with installing, 
                        modernizing, and managing fare collection, 
                        including touchless payment systems, shall be 
                        considered eligible expenses under this title 
                        and subject to the applicable Federal share; 
                        and
                            ``(ii) such guidance includes guidance on 
                        how agencies shall provide unbanked and 
                        underbanked users with an opportunity to 
                        benefit from mobility as a service platforms.
            ``(2) Prohibition on use of funds.--Amounts used by a 
        covered recipient for projects eligible under this section may 
        not be used for--
                    ``(A) single passenger vehicle miles (in a 
                passenger motor vehicle, as such term is defined in 
                section 32101, that carries less than 9 passengers), 
                unless the trip--
                            ``(i) meets the definition of public 
                        transportation; and
                            ``(ii) begins or completes a fixed route 
                        public transportation trip;
                    ``(B) deadhead vehicle miles; or
                    ``(C) any service considered a taxi service that 
                operates under an exemption from testing requirements 
                under section 5331.
    ``(d) Federal Requirements.--A project carried out under this 
section shall be treated as if such project were carried out under the 
section from which the funds were provided to carry out such project, 
including the application of any additional requirements provided for 
by law that apply to section 5307, 5310, or 5311, as applicable.
    ``(e) Waiver.--
            ``(1) Individual waiver.--Except as provided in paragraphs 
        (2) and (3), the Secretary may waive any requirement applied to 
        a project carried out under this section pursuant to subsection 
        (d) if the Secretary determines that the project would--
                    ``(A) not undermine labor standards;
                    ``(B) increase employment opportunities of the 
                recipient unless the Secretary determines that such a 
                waiver does not affect employment opportunities; and
                    ``(C) be consistent with the public interest.
            ``(2) Waiver under other sections.--The Secretary may not 
        waive any requirement under paragraph (1) for which a waiver is 
        otherwise available.
            ``(3) Prohibition of waiver.--Notwithstanding paragraph 
        (1), the Secretary may not waive any requirement of--
                    ``(A) section 5333;
                    ``(B) section 5331;
                    ``(C) section 5302(14); and
                    ``(D) chapter 53 that establishes a maximum Federal 
                share for operating costs.
            ``(4) Application of section 5320.--Notwithstanding 
        paragraphs (1) and (2), the Secretary may only waive the 
        requirements of section 5320 with respect to--
                    ``(A) a passenger vehicle owned by an individual; 
                and
                    ``(B) subsection (q) of such section for any 
                passenger vehicle not owned by an individual for the 
                period beginning on the date of enactment of this 
                section and ending 3 years after such date.
    ``(f) Open Data Standards.--
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of this section, the Secretary shall initiate 
        procedures under subchapter III of chapter 5 of title 5 to 
        develop an open data standard and an application programming 
        interface necessary to carry out this section.
            ``(2) Regulations.--The regulations required under 
        paragraph (1) shall require public transportation agencies, 
        mobility on demand providers, mobility as a service technology 
        providers, other non-government actors, and local governments 
        the efficient means to transfer data to--
                    ``(A) foster the efficient use of transportation 
                capacity;
                    ``(B) enhance the management of new modes of 
                mobility;
                    ``(C) enable the use of innovative planning tools;
                    ``(D) enable single payment systems for all 
                mobility on demand services;
                    ``(E) establish metropolitan planning organization, 
                State, and local government access to anonymized data 
                for transportation planning, real time operations data, 
                and rules;
                    ``(F) safeguard personally identifiable 
                information;
                    ``(G) protect confidential business information; 
                and
                    ``(H) enhance cybersecurity protections.
            ``(3) Prohibition on for profit activity.--Any data 
        received by an entity under this subsection may not be sold, 
        leased, or otherwise used to generate profit, except for the 
        direct provision of the related mobility on demand services and 
        mobility as a service.
            ``(4) Committee.--A negotiated rulemaking committee 
        established pursuant to section 565 of title 5 to carry out 
        this subsection shall have a maximum of 17 members limited to 
        representatives of the Department of Transportation, State and 
        local governments, metropolitan planning organizations, urban 
        and rural covered recipients, associations that represent 
        public transit agencies, representatives from at least 3 
        different organizations engaged in collective bargaining on 
        behalf of transit workers in not fewer than 3 States, mobility 
        on demand providers, and mobility as a service technology 
        providers.
            ``(5) Publication of proposed regulations.--Proposed 
        regulations to implement this section shall be published in the 
        Federal Register by the Secretary not later than 18 months 
        after such date of enactment.
            ``(6) Extension of deadlines.--A deadline set forth in 
        paragraph (4) may be extended up to 180 days if the negotiated 
        rulemaking committee referred to in paragraph (5) concludes 
        that the committee cannot meet the deadline and the Secretary 
        so notifies the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate.
    ``(g) Application of Recipient Revenue Vehicle Miles.--With respect 
to revenue vehicle miles with one passenger of a covered recipient 
using amounts under this section, such miles--
            ``(1) shall be included in the National Transit Database 
        under section 5335; and
            ``(2) shall be excluded from vehicle revenue miles data 
        used in the calculation described in section 5336.
    ``(h) Savings Clause.--Subsection (c)(2) and subsection (g) shall 
not apply to any eligible activities under this section if such 
activities are--
            ``(1) being carried out in compliance with the Americans 
        with Disabilities Act of 1990 22(42 U.S.C. 12101 et seq.); or
            ``(2) projects eligible under section 5310 that exceed the 
        requirements of the Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.).
    ``(i) Definitions.--In this section:
            ``(1) Deadhead vehicle miles.--The term `deadhead vehicle 
        miles' means the miles that a vehicle travels when out of 
        revenue service, including leaving or returning to the garage 
        or yard facility, changing routes, when there is no expectation 
        of carrying revenue passengers, and any miles traveled by a 
        private operator without a passenger.
            ``(2) Mobility as a service.--The term `mobility as a 
        service' means services that constitute the integration of 
        mobility on demand services and public transportation that are 
        available and accessible to all travelers, provide multimodal 
        trip planning, and a unified payment system.
            ``(3) Mobility on demand.--The term `mobility on demand' 
        means an on-demand transportation service shared among 
        individuals, either concurrently or one after another.
            ``(4) Covered recipient.--The term `covered recipient' 
        means a State or local government entity, private nonprofit 
        organization, or Tribe that--
                    ``(A) operates a public transportation service; and
                    ``(B) is a recipient or subrecipient of funds under 
                section 5307, 5310, or 5311.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5315 the following new item:

``5316. Mobility innovation.''.
    (c) Effective Date.--This section and the amendments made by this 
section shall take effect on the date on which the Secretary has 
finalized both--
            (1) the guidance required under section 5316(c) of title 
        49, United States Code; and
            (2) the regulations required under section 5316(f) of title 
        49, United States Code.

SEC. 2204. FORMULA GRANTS FOR RURAL AREAS.

    Section 5311 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2) by adding at the end the 
                following:
                    ``(D) Census designation.--The Secretary may 
                approve a State program that allocates not more than 5 
                percent of such State's apportionment to assist rural 
                areas that were redesignated as urban areas not more 
                than 2 fiscal years after the last census designation 
                of urbanized area boundaries.''; and
                    (B) in paragraph (3) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A) by striking ``section 5338(a)(2)(F)'' and 
                        inserting ``section 5338(a)(2)(E)'';
                            (ii) in subparagraph (A) by striking 
                        ``$5,000,000'' and inserting ``$10,000,000''; 
                        and
                            (iii) in subparagraph (B) by striking 
                        ``$30,000,000'' and inserting ``the amount 
                        remaining under section 5338(a)(2)(E)(i) after 
                        the amount under subparagraph (A) is 
                        distributed'';
                    (B) in paragraph (2)(C) by striking ``section 
                5338(a)(2)(F)'' and inserting ``section 
                5338(a)(2)(E)''; and
                    (C) in paragraph (3)--
                            (i) in subparagraph (A) by striking 
                        ``section 5338(a)(2)(F)'' and inserting 
                        ``section 5338(a)(2)(E)''; and
                            (ii) by striking subparagraphs (B) and (C) 
                        and inserting the following:
                    ``(B) Land area.--
                            ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 15 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of the land area in rural areas in that State 
                        and divided by the land area in all rural areas 
                        in the United States, as shown by the most 
                        recent decennial census of population.
                            ``(ii) Maximum apportionment.--No State 
                        shall receive more than 5 percent of the amount 
                        apportioned under clause (i).
                    ``(C) Population.--Each State shall receive an 
                amount equal to 50 percent of the amount apportioned 
                under this paragraph, multiplied by the ratio of the 
                population of rural areas in that State and divided by 
                the population of all rural areas in the United States, 
                as shown by the most recent decennial census of 
                population.
                    ``(D) Vehicle revenue miles.--
                            ``(i) In general.--Subject to clause (ii), 
                        each State shall receive an amount that is 
                        equal to 25 percent of the amount apportioned 
                        under this paragraph, multiplied by the ratio 
                        of vehicle revenue miles in rural areas in that 
                        State and divided by the vehicle revenue miles 
                        in all rural areas in the United States, as 
                        determined by national transit database 
                        reporting.
                            ``(ii) Maximum apportionment.--No State 
                        shall receive more than 5 percent of the amount 
                        apportioned under clause (i).
                    ``(E) Low-income individuals.--Each State shall 
                receive an amount that is equal to 10 percent of the 
                amount apportioned under this paragraph, multiplied by 
                the ratio of low-income individuals in rural areas in 
                that State and divided by the number of low-income 
                individuals in all rural areas in the United States, as 
                shown by the Bureau of the Census.'';
            (3) in subsection (f)--
                    (A) in paragraph (1) by inserting ``A State may 
                expend funds to continue service into another State to 
                extend a route.'' before ``Eligible activities under''; 
                and
                    (B) in paragraph (2) by inserting ``and makes the 
                certification and supporting documents publicly 
                available'' before the period at the end; and
            (4) in subsection (g) by adding at the end the following:
            ``(6) Allowance for volunteer hours.--
                    ``(A) Applicable regulations.--For any funds 
                provided by a department or agency of the Government 
                under paragraph (3)(D) or by a service agreement under 
                paragraph (3)(C), and such department or agency has 
                regulations in place that provide for the valuation of 
                volunteer hours as allowable in-kind contributions 
                toward the non-Federal share of project costs, such 
                regulations shall be used to determine the allowable 
                valuation of volunteer hours as an in-kind contribution 
                toward the non-Federal remainder of net project costs 
                for a transit project funded under this section.
                    ``(B) Limitations.--Subparagraph (A) shall not 
                apply to the provision of fixed-route bus services 
                funded under this section.''.

SEC. 2205. ONE-STOP PARATRANSIT PROGRAM.

    Section 5310 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) One-Stop Paratransit Program.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this subsection, the Secretary shall establish 
        a one-stop paratransit competitive grant program to encourage 
        an extra stop in non-fixed route Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12101 et seq.) service for a paratransit 
        rider to complete essential tasks.
            ``(2) Preference.--The Secretary shall give preference to 
        eligible recipients that--
                    ``(A) have comparable data for the year prior to 
                implementation of the grant program and made available 
                to the Secretary, academic and nonprofit organizations 
                for research purposes; and
                    ``(B) plan to use agency personnel to implement the 
                pilot program.
            ``(3) Application criteria.--To be eligible to participate 
        in the grant program, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including information on--
                    ``(A) locations the eligible entity intends to 
                allow a stop at, if stops are limited, including--
                            ``(i) childcare or education facilities;
                            ``(ii) pharmacies;
                            ``(iii) grocery stores; and
                            ``(iv) bank or ATM locations;
                    ``(B) methodology for informing the public of the 
                grant program;
                    ``(C) vehicles, personnel, and other resources that 
                will be used to implement the grant program;
                    ``(D) if the applicant does not intend the grant 
                program to apply to the full area under the 
                jurisdiction of the applicant, a description of the 
                geographic area in which the applicant intends the 
                grant program to apply; and
                    ``(E) the anticipated amount of increased operating 
                costs.
            ``(4) Selection.--The Secretary shall seek to achieve 
        diversity of participants in the grant program by selecting a 
        range of eligible entities that includes at least--
                    ``(A) 5 eligible recipients that serve an area with 
                a population of 50,000 to 200,000;
                    ``(B) 10 eligible recipients that serve an area 
                with a population of over 200,000; and
                    ``(C) 5 eligible recipients that provide 
                transportation for rural communities.
            ``(5) Data-sharing criteria.--An eligible recipient in this 
        subsection shall provide data as the Secretary requires, 
        including--
                    ``(A) number of ADA paratransit trips conducted 
                each year;
                    ``(B) requested time of each paratransit trip;
                    ``(C) scheduled time of each paratransit trip;
                    ``(D) actual pickup time for each paratransit trip;
                    ``(E) average length of a stop in the middle of a 
                ride as allowed by this subsection;
                    ``(F) any complaints received by a paratransit 
                rider;
                    ``(G) rider satisfaction with paratransit services; 
                and
                    ``(H) after the completion of the grant, an 
                assessment by the eligible recipient of its capacity to 
                continue a one-stop program independently.
            ``(6) Report.--
                    ``(A) In general.--The Secretary shall make 
                publicly available an annual report on the program 
                carried out under this subsection for each fiscal year, 
                not later than December 31 of the calendar year in 
                which such fiscal year ends.
                    ``(B) Contents.--The report required under 
                subparagraph (A) shall include a detailed description 
                of the activities carried out under the program, and an 
                evaluation of the program, including an evaluation of 
                the data shared by eligible recipients under paragraph 
                (5).''.

         Subtitle C--Buy America and Other Procurement Reforms

SEC. 2301. BUY AMERICA.

    (a) Buy America.--
            (1) In general.--Chapter 53 of title 49, United States 
        Code, is amended by inserting before section 5321 the 
        following:
``Sec. 5320. Buy America
    ``(a) In General.--The Secretary may obligate an amount that may be 
appropriated to carry out this chapter for a project only if the steel, 
iron, and manufactured goods used in the project are produced in the 
United States.
    ``(b) Waiver.--The Secretary may waive subsection (a) if the 
Secretary finds that--
            ``(1) applying subsection (a) would be inconsistent with 
        the public interest;
            ``(2) the steel, iron, and goods produced in the United 
        States are not produced in a sufficient and reasonably 
        available amount or are not of a satisfactory quality;
            ``(3) when procuring rolling stock (including train 
        control, communication, traction power equipment, and rolling 
        stock prototypes) under this chapter--
                    ``(A) the cost of components and subcomponents 
                produced in the United States is more than 70 percent 
                of the cost of all components of the rolling stock; and
                    ``(B) final assembly of the rolling stock has 
                occurred in the United States; or
            ``(4) including domestic material will increase the cost of 
        the overall project by more than 25 percent.
    ``(c) Written Waiver Determination and Annual Report.--
            ``(1) Waiver procedure.--Not later than 120 days after the 
        submission of a request for a waiver, the Secretary shall make 
        a determination under subsection (b)(1), (b)(2), or (b)(4) as 
        to whether to waive subsection (a).
            ``(2) Public notification and comment.--
                    ``(A) In general.--Not later than 30 days before 
                making a determination regarding a waiver described in 
                paragraph (1), the Secretary shall provide notification 
                and an opportunity for public comment on the request 
                for such waiver.
                    ``(B) Notification requirements.--The notification 
                required under subparagraph (A) shall--
                            ``(i) describe whether the application is 
                        being made for a waiver described in subsection 
                        (b)(1), (b)(2) or (b)(4); and
                            ``(ii) be provided to the public by 
                        electronic means, including on the public 
                        website of the Department of Transportation.
            ``(3) Determination.--Before a determination described in 
        paragraph (1) takes effect, the Secretary shall publish a 
        detailed justification for such determination that addresses 
        all public comments received under paragraph (2)--
                    ``(A) on the public website of the Department of 
                Transportation; and
                    ``(B) if the Secretary issues a waiver with respect 
                to such determination, in the Federal Register.
            ``(4) Annual report.--Annually, the Secretary shall submit 
        to the Committee on Banking, Housing, and Urban Affairs of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report listing any waiver 
        issued under paragraph (1) during the preceding year.
    ``(d) Rolling Stock Waiver Conditions.--
            ``(1) Labor costs for final assembly.--In this section, 
        highly skilled labor costs involved in final assembly shall be 
        included as a separate component in the cost of components and 
        subcomponents under subsection (b)(3)(A).
            ``(2) High domestic content component bonus.--In this 
        section, in calculating the domestic content of the rolling 
        stock under subsection (b)(3), the percent, rounded to the 
        nearest whole number, of the domestic content in components of 
        such rolling stock, weighted by cost, shall be used in 
        calculating the domestic content of the rolling stock, except--
                    ``(A) with respect to components that exceed--
                            ``(i) 70 percent domestic content, the 
                        Secretary shall add 10 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                            ``(ii) 75 percent domestic content, the 
                        Secretary shall add 15 additional percent to 
                        the component's domestic content when 
                        calculating the domestic content of the rolling 
                        stock; and
                    ``(B) in no case may a component exceed 100 
                domestic content when calculating the domestic content 
                of the rolling stock.
            ``(3) Rolling stock frames or car shells.--
                    ``(A) Inclusion of costs.--Subject to the 
                substantiation requirement of subparagraph (B), in 
                carrying out, in calculating the cost of the domestic 
                content of the rolling stock under subsection (b)(3), 
                in the case of a rolling stock procurement receiving 
                assistance under this chapter in which the average cost 
                of a rolling stock vehicle in the procurement is more 
                than $300,000, if rolling stock frames or car shells 
                are not produced in the United States, the Secretary 
                shall include in the calculation of the domestic 
                content of the rolling stock the cost of the steel or 
                iron that is produced in the United States and used in 
                the rolling stock frames or car shells.
                    ``(B) Substantiation.--If a rolling stock vehicle 
                manufacturer wishes to include in the calculation of 
                the vehicle's domestic content the cost of steel or 
                iron produced in the United States and used in the 
                rolling stock frames and car shells that are not 
                produced in the United States, the manufacturer shall 
                maintain and provide upon request a mill certification 
                that substantiates the origin of the steel or iron.
            ``(4) Treatment of waived components and subcomponents.--In 
        this section, a component or subcomponent waived under 
        subsection (b) shall be excluded from any part of the 
        calculation required under subsection (b)(3)(A).
            ``(5) Zero-emission vehicle domestic battery cell 
        incentive.--The Secretary shall provide an additional 2.5 
        percent of domestic content to the total rolling stock domestic 
        content percentage calculated under this section for any zero-
        emission vehicle that uses only battery cells for propulsion 
        that are manufactured domestically.
            ``(6) Prohibition on double counting.--
                    ``(A) In general.--No labor costs included in the 
                cost of a component or subcomponent by the manufacturer 
                of rolling stock may be treated as rolling stock 
                assembly costs for purposes of calculating domestic 
                content.
                    ``(B) Violation.--A violation of this paragraph 
                shall be treated as a false claim under subchapter III 
                of chapter 37 of title 31.
            ``(7) Definition of highly skilled labor costs.--In this 
        subsection, the term `highly skilled labor costs'--
                    ``(A) means the apportioned value of direct wage 
                compensation associated with final assembly activities 
                of workers directly employed by a rolling stock 
                original equipment manufacturer and directly associated 
                with the final assembly activities of a rolling stock 
                vehicle that advance the value or improve the condition 
                of the end product;
                    ``(B) does not include any temporary or indirect 
                activities or those hired via a third-party contractor 
                or subcontractor;
                    ``(C) are limited to metalworking, fabrication, 
                welding, electrical, engineering, and other technical 
                activities requiring training;
                    ``(D) are not otherwise associated with activities 
                required under section 661.11 of title 49, Code of 
                Federal Regulations; and
                    ``(E) includes only activities performed in the 
                United States and does not include that of foreign 
                nationals providing assistance at a United States 
                manufacturing facility.
    ``(e) Certification of Domestic Supply and Disclosure.--
            ``(1) Certification of domestic supply.--If the Secretary 
        denies an application for a waiver under subsection (b), the 
        Secretary shall provide to the applicant a written 
        certification that--
                    ``(A) the steel, iron, or manufactured goods, as 
                applicable, (referred to in this paragraph as the 
                `item') is produced in the United States in a 
                sufficient and reasonably available amount;
                    ``(B) the item produced in the United States is of 
                a satisfactory quality; and
                    ``(C) includes a list of known manufacturers in the 
                United States from which the item can be obtained.
            ``(2) Disclosure.--The Secretary shall disclose the waiver 
        denial and the written certification to the public in an easily 
        identifiable location on the website of the Department of 
        Transportation.
    ``(f) Waiver Prohibited.--The Secretary may not make a waiver under 
subsection (b) for goods produced in a foreign country if the 
Secretary, in consultation with the United States Trade Representative, 
decides that the government of that foreign country--
            ``(1) has an agreement with the United States Government 
        under which the Secretary has waived the requirement of this 
        section; and
            ``(2) has violated the agreement by discriminating against 
        goods to which this section applies that are produced in the 
        United States and to which the agreement applies.
    ``(g) Penalty for Mislabeling and Misrepresentation.--A person is 
ineligible under subpart 9.4 of the Federal Acquisition Regulation, or 
any successor thereto, to receive a contract or subcontract made with 
amounts authorized under title II of the INVEST in America Act if a 
court or department, agency, or instrumentality of the Government 
decides the person intentionally--
            ``(1) affixed a `Made in America' label, or a label with an 
        inscription having the same meaning, to goods sold in or 
        shipped to the United States that are used in a project to 
        which this section applies but not produced in the United 
        States; or
            ``(2) represented that goods described in paragraph (1) 
        were produced in the United States.
    ``(h) State Requirements.--The Secretary may not impose any 
limitation on assistance provided under this chapter that restricts a 
State from imposing more stringent requirements than this subsection on 
the use of articles, materials, and supplies mined, produced, or 
manufactured in foreign countries in projects carried out with that 
assistance or restricts a recipient of that assistance from complying 
with those State-imposed requirements.
    ``(i) Opportunity To Correct Inadvertent Error.--The Secretary may 
allow a manufacturer or supplier of steel, iron, or manufactured goods 
to correct after bid opening any certification of noncompliance or 
failure to properly complete the certification (but not including 
failure to sign the certification) under this subsection if such 
manufacturer or supplier attests under penalty of perjury that such 
manufacturer or supplier submitted an incorrect certification as a 
result of an inadvertent or clerical error. The burden of establishing 
inadvertent or clerical error is on the manufacturer or supplier.
    ``(j) Administrative Review.--A party adversely affected by an 
agency action under this subsection shall have the right to seek review 
under section 702 of title 5.
    ``(k) Steel and Iron.--For purposes of this section, steel and iron 
meeting the requirements of section 661.5(b) of title 49, Code of 
Federal Regulations, may be considered produced in the United States.
    ``(l) Definition of Small Purchase.--For purposes of determining 
whether a purchase qualifies for a general public interest waiver under 
subsection (b)(1), including under any regulation promulgated under 
such subsection, the term `small purchase' means a purchase of not more 
than $150,000.
    ``(m) Preaward and Postdelivery Review of Rolling Stock 
Purchases.--
            ``(1) In general.--The Secretary shall prescribe 
        regulations requiring a preaward and postdelivery certification 
        of a rolling stock vehicle that meets the requirements of this 
        section and Government motor vehicle safety requirements to be 
        eligible for a grant under this chapter. For compliance with 
        this section--
                    ``(A) Federal inspections and review are required;
                    ``(B) a manufacturer certification is not 
                sufficient; and
                    ``(C) a rolling stock vehicle that has been 
                certified by the Secretary remains certified until the 
                manufacturer makes a material change to the vehicle, or 
                adjusts the cost of all components of the rolling 
                stock, that reduces, by more than half, the percentage 
                of domestic content above 70 percent.
            ``(2) Certification of percentage.--The Secretary may, at 
        the request of a component or subcomponent manufacturer, 
        certify the percentage of domestic content and place of 
        manufacturing for a component or subcomponent.
            ``(3) Freedom of information act.--In carrying out this 
        subsection, the Secretary shall consistently apply the 
        provisions of section 552 of title 5, including subsection 
        (b)(4) of such section.
            ``(4) Noncompliance.--The Secretary shall prohibit 
        recipients from procuring rolling stock, components, or 
        subcomponents from a supplier that intentionally provides false 
        information to comply with this subsection.
    ``(n) Scope.--The requirements of this section apply to all 
contracts for a public transportation project carried out within the 
scope of the applicable finding, determination, or decision under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
regardless of the funding source of such contracts, if at least one 
contract for the public transportation project is funded with amounts 
made available to carry out this chapter.
    ``(o) Buy America Conformity.--The Secretary shall ensure that all 
Federal funds for new commuter rail projects shall comply with this 
section and shall not be subject to section 22905(a).
    ``(p) Audits and Reporting of Waste, Fraud, and Abuse.--
            ``(1) In general.--The Inspector General of the Department 
        of Transportation shall conduct an annual audit on 
        certifications under subsection (m) regarding compliance with 
        Buy America.
            ``(2) Report fraud, waste, and abuse.--The Secretary shall 
        display a `Report Fraud, Waste, and Abuse' button and link to 
        Department of Transportation's Office of Inspector General 
        Hotline on the Federal Transit Administration's Buy America 
        landing page.
            ``(3) Contract requirement.--The Secretary shall require 
        all recipients who enter into contracts to purchase rolling 
        stock with funds provided under this chapter to include in such 
        contract information on how to contact the Department of 
        Transportation's Office of Inspector General Hotline to report 
        suspicions of fraud, waste, and abuse.
    ``(q) Passenger Motor Vehicles.--
            ``(1) In general.--Any domestically manufactured passenger 
        motor vehicle shall be considered to be produced in the United 
        States under this section.
            ``(2) Domestically manufactured passenger motor vehicle.--
        In this subsection, the term `domestically manufactured 
        passenger motor vehicle' means any passenger motor vehicle, as 
        such term is defined in section 32304(a) that--
                    ``(A) has under section 32304(b)(1)(B) its final 
                assembly place in the United States; and
                    ``(B) the percentage (by value) of passenger motor 
                equipment under section 32304(b)(1)(A) equals or 
                exceeds 60 percent value added.
    ``(r) Rolling Stock Components and Subcomponents.--No component or 
subcomponent of rolling stock shall be treated as produced in the 
United States for purposes of subsection (b)(3) or determined to be of 
domestic origin under section 661.11 of title 49, Code of Federal 
Regulations, if the material inputs of such component or subcomponent 
were imported into the United States and the operations performed in 
the United States on the imported articles would not result in a change 
in the article's classification to chapter 86 or 87 of the Harmonized 
Tariff Schedule of the United States from another chapter or a new 
heading of any chapter from the heading under which the article was 
classified upon entry.
    ``(s) Treatment of Steel and Iron Components as Produced in the 
United States.--Notwithstanding any other provision of any law or any 
rule, regulation, or policy of the Federal Transit Administration, 
steel and iron components of a system, as defined in section 661.3 of 
title 49, Code of Federal Regulations, and of manufactured end products 
referred to in Appendix A of such section, may not be considered to be 
produced in the United States unless such components meet the 
requirements of section 661.5(b) of title 49, Code of Federal 
Regulations.
    ``(t) Requirement for Transit Agencies.--Notwithstanding the 
provisions of this section, if a transit agency accepts Federal funds, 
such agency shall adhere to the Buy America provisions set forth in 
this section when procuring rolling stock.''.
            (2) Clerical amendment.--The analysis for chapter 53 of 
        title 49, United States Code, is amended by inserting before 
        the item relating to section 5321 the following:

``5320. Buy America.''.
            (3) Conforming amendments.--
                    (A) Technical assistance and workforce 
                development.--Section 5314(a)(2)(G) of title 49, United 
                States Code, is amended by striking ``sections 5323(j) 
                and 5323(m)'' and inserting ``section 5320''.
                    (B) Urbanized area formula grants.--Section 
                5307(c)(1)(E) of title 49, United States Code, is 
                amended by inserting ``, 5320,'' after ``5323''.
                    (C) Innovative procurement.--Section 
                3019(c)(2)(E)(ii) of the FAST Act (49 U.S.C. 5325 note) 
                is amended by striking ``5323(j)'' and inserting 
                ``5320''.
    (b) Bus Rolling Stock.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to revise Appendix B and Appendix D of 
section 661.11 of title 49, Code of Federal Regulations, with respect 
to bus rolling stock to maximize job creation and align such section 
with modern manufacturing techniques.
    (c) Rail Rolling Stock.--Not later than 30 months after the date of 
enactment of this Act, the Secretary shall issue such regulations as 
are necessary to revise subsections (t), (u), and (v) of section 661.11 
of title 49, Code of Federal Regulations, with respect to rail rolling 
stock to maximize job creation and align such section with modern 
manufacturing techniques.
    (d) Rule of Applicability.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        any contract entered into on or after the date of enactment of 
        this Act.
            (2) Delayed applicability of certain provisions.--Contracts 
        described in paragraph (1) shall be subject to the following 
        delayed applicability requirements:
                    (A) Section 5320(m)(2) shall apply to contracts 
                entered into on or after the date that is 30 days after 
                the date of enactment of this Act.
                    (B) Notwithstanding subparagraph (A), section 
                5320(m) shall apply to contracts for the procurement of 
                bus rolling stock beginning on the earlier of--
                            (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (b); or
                            (ii) the date that is 1 year after the date 
                        of enactment of this Act.
                    (C) Notwithstanding subparagraph (A), section 
                5320(m) shall apply to contracts for the procurement of 
                rail rolling stock beginning on the earlier of--
                            (i) 180 days after the date on which final 
                        regulations are issued pursuant to subsection 
                        (c); or
                            (ii) the date that is 2 years after the 
                        date of enactment of this Act.
                    (D) Section 5320(p)(1) shall apply on the date that 
                is 1 year after the latest of the application dates 
                described in subparagraphs (A) through (C).
            (3) Special rule for certain contracts.--For any contract 
        described in paragraph (1) for which the delivery for the first 
        production vehicle occurs before October 1, 2024, paragraphs 
        (1) and (4) of section 5320(d) shall not apply.
            (4) Special rule for battery cell incentives.--For any 
        contract described in paragraph (1) for which the delivery for 
        the first production vehicle occurs before October 1, 2022, 
        section 5320(d)(5) shall not apply.
    (e) Special Rule for Domestic Content.--For the calculation of the 
percent of domestic content calculated under section 5320(d)(2) for a 
contract for rolling stock entered into on or after October 1, 2020--
            (1) if the delivery of the first production vehicle occurs 
        in fiscal year 2022 or fiscal year 2023, for components that 
        exceed 70 percent domestic content, the Secretary shall add 20 
        additional percent to the component's domestic content; and
            (2) if the delivery of the first production vehicle occurs 
        in fiscal year 2024 or fiscal year 2025--
                    (A) for components that exceed 70 percent but do 
                not exceed 75 percent domestic content, the Secretary 
                shall add 15 additional percent to the component's 
                domestic content; or
                    (B) for components that exceed 75 percent domestic 
                content, the Secretary shall add 20 additional percent 
                to the component's domestic content.

SEC. 2302. BUS PROCUREMENT STREAMLINING.

    Section 5323 of title 49, United States Code, as is amended by 
adding at the end the following:
    ``(x) Bus Procurement Streamlining.--
            ``(1) In general.--The Secretary may only obligate amounts 
        for acquisition of buses under this chapter to a recipient that 
        issues a request for proposals for an open market procurement 
        that meets the following criteria:
                    ``(A) Such request for proposals is limited to 
                performance specifications, except for components or 
                subcomponents identified in the negotiated rulemaking 
                carried out pursuant to this subsection.
                    ``(B) Such request for proposals does not seek any 
                alternative design or manufacture specification of a 
                bus offered by a manufacturer, except to require a 
                component or subcomponent identified in the negotiated 
                rulemaking carried out pursuant to this subsection.
            ``(2) Specific bus component negotiated rulemaking.--
                    ``(A) Initiation.--Not later than 120 days after 
                the date of enactment of the INVEST in America Act, the 
                Secretary shall initiate procedures under subchapter 
                III of chapter 5 of title 5 to negotiate and issue such 
                regulations as are necessary to establish as limited a 
                list as is practicable of bus components and 
                subcomponents described in subparagraph (B).
                    ``(B) List of components.--The regulations required 
                under subparagraph (A) shall establish a list of bus 
                components and subcomponents that may be specified in a 
                request for proposals described in paragraph (1) by a 
                recipient. The Secretary shall ensure the list is 
                limited in scope and limited to only components and 
                subcomponents that cannot be selected with performance 
                specifications to ensure interoperability.
                    ``(C) Publication of proposed regulations.--
                Proposed regulations to implement this section shall be 
                published in the Federal Register by the Secretary not 
                later than 18 months after such date of enactment.
                    ``(D) Committee.--A negotiated rulemaking committee 
                established pursuant to section 565 of title 5 to carry 
                out this paragraph shall have a maximum of 11 members 
                limited to representatives of the Department of 
                Transportation, urban and rural recipients (including 
                State government recipients), and transit vehicle 
                manufacturers.
                    ``(E) Extension of deadlines.--A deadline set forth 
                in subparagraph (C) may be extended up to 180 days if 
                the negotiated rulemaking committee referred to in 
                subparagraph (D) concludes that the committee cannot 
                meet the deadline and the Secretary so notifies the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate.
            ``(3) Savings clause.--Nothing in this section shall be 
        construed to provide additional authority for the Secretary to 
        restrict what a bus manufacturer offers to sell to a public 
        transportation agency.''.

SEC. 2303. BUS TESTING FACILITY.

    Section 5318 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(f) Testing Schedule.--The Secretary shall--
            ``(1) determine eligibility of a bus manufacturer's request 
        for testing within 10 business days;
            ``(2) make publicly available the current backlog (in 
        months) to begin testing a new bus at the bus testing facility; 
        and
            ``(3) designate The Ohio State University as the autonomous 
        and advanced driver-assistance systems test development 
        facility for all bus testing with autonomous or advanced 
        driver-assistance systems technology and The Ohio State 
        University will also serve as the over-flow new model bus 
        testing facility to Altoona.''.

SEC. 2304. REPAYMENT REQUIREMENT.

    (a) In General.--A transit agency shall repay into the general fund 
of the Treasury all funds received from the Federal Transit 
Administration under the heading ``Federal Transit Administration, 
Transit Infrastructure Grants'' under the CARES Act (Public Law 116-
136) if any portion of the funding was used to award a contract or 
subcontract to an entity for the procurement of rolling stock for use 
in public transportation if the manufacturer of the rolling stock--
            (1) is incorporated in or has manufacturing facilities in 
        the United States; and
            (2) is owned or controlled by, is a subsidiary of, or is 
        otherwise related legally or financially to a corporation based 
        in a country that--
                    (A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of this subsection;
                    (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
    (b) Certification.--Not later than 60 days after the date of 
enactment of this section, a transit agency that received funds 
pursuant to the CARES Act (Public Law 116-136) shall certify that the 
agency has not and shall not use such funds to purchase rolling stock 
described in subsection (a). Repayment shall also be required for any 
such agency that fails to certify in accordance with the preceding 
sentence.

SEC. 2305. DEFINITION OF URBANIZED AREAS FOLLOWING A MAJOR DISASTER.

    (a) In General.--Section 5323 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(y) Urbanized Areas Following a Major Disaster.--
            ``(1) Defined term.--In this subsection, the term 
        `decennial census date' has the meaning given the term in 
        section 141(a) of title 13.
            ``(2) Urbanized area major disaster population criteria.--
        Notwithstanding section 5302, for purposes of this chapter, the 
        Secretary shall treat an area as an urbanized area for the 
        period described in paragraph (3) if--
                    ``(A) a major disaster was declared by the 
                President under section 401 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5170) for the area during the 3-year period preceding 
                the decennial census date for the 2010 decennial census 
                or for any subsequent decennial census;
                    ``(B) the area was defined and designated as an 
                `urbanized area' by the Secretary of Commerce in the 
                decennial census immediately preceding the major 
                disaster described in subparagraph (A); and
                    ``(C) the population of the area fell below 50,000 
                as a result of the major disaster described in 
                subparagraph (A).
            ``(3) Covered period.--The Secretary shall treat an area as 
        an urbanized area under paragraph (2) during the period--
                    ``(A) beginning on--
                            ``(i) in the case of a major disaster 
                        described in paragraph (2)(A) that occurred 
                        during the 3-year period preceding the 
                        decennial census date for the 2010 decennial 
                        census, October 1 of the first fiscal year that 
                        begins after the date of enactment of this 
                        subsection; or
                            ``(ii) in the case of any other major 
                        disaster described in paragraph (2)(A), October 
                        1 of the first fiscal year--
                                    ``(I) that begins after the 
                                decennial census date for the first 
                                decennial census conducted after the 
                                major disaster; and
                                    ``(II) for which the Secretary has 
                                sufficient data from that census to 
                                determine that the area qualifies for 
                                treatment as an urbanized area under 
                                paragraph (2); and
                    ``(B) ending on the day before the first fiscal 
                year--
                            ``(i) that begins after the decennial 
                        census date for the second decennial census 
                        conducted after the major disaster described in 
                        paragraph (2)(A); and
                            ``(ii) for which the Secretary has 
                        sufficient data from that census to determine 
                        which areas are urbanized areas for purposes of 
                        this chapter.
            ``(4) Population calculation.--An area treated as an 
        urbanized area under this subsection shall be assigned the 
        population and square miles of the urbanized area designated by 
        the Secretary of Commerce in the most recent decennial census 
        conducted before the major disaster described in paragraph 
        (2)(A).
            ``(5) Savings provision.--Nothing in this subsection may be 
        construed to affect apportionments made under this chapter 
        before the date of enactment of this subsection.''.
    (b) Amendment Takes Effect on Enactment.--Notwithstanding section 
1001, the amendment made by subsection (a) shall take effect on the 
date of enactment of this Act.

SEC. 2306. SPECIAL RULE FOR CERTAIN ROLLING STOCK PROCUREMENTS.

    (a) Certification.--Section 5323(u)(4) of title 49, United States 
Code, is amended--
            (1) in the heading of subparagraph (A) by striking 
        ``rail''; and
            (2) by adding at the end the following:
                    ``(C) Nonrail rolling stock.--Notwithstanding 
                subparagraph (B) of paragraph (5), as a condition of 
                financial assistance made available in a fiscal year 
                under section 5339, a recipient shall certify in that 
                fiscal year that the recipient will not award any 
                contract or subcontract for the procurement of rolling 
                stock for use in public transportation with a rolling 
                stock manufacturer described in paragraph (1).''.
    (b) Special Rule.--Section 5323(u)(5)(A) of title 49, United States 
Code, (as redesignated by this Act) is amended by striking ``made by a 
public transportation agency with a rail rolling stock manufacturer 
described in paragraph (1)'' and inserting ``as of December 20, 2019, 
including options and other requirements tied to these contracts or 
subcontracts, made by a public transportation agency with a restricted 
rail rolling stock manufacturer''.

SEC. 2307. CERTIFICATION REQUIREMENTS.

    (a) Limitation of Treatment of Domestic or U.S. Origin.--
Notwithstanding any other provision of any law or any rule, regulation, 
or policy of the Administration, including part 661 of title 49, Code 
of Federal Regulations, no article, material, or supply, shall be 
treated as a component of ``U.S. origin'' for purposes of section 661.5 
of title 49, Code of Federal Regulations, or a component or 
subcomponent of domestic origin for purposes of section 661.11 of title 
49, Code of Federal Regulations, if--
            (1) it contains any material inputs manufactured or 
        supplied by entities that--
                    (A) are subject to relief authorized under the fair 
                trade laws of the United States, including subtitle B 
                of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 
                et seq.) and subtitle A of title VII of the Tariff Act 
                of 1930 (19 U.S.C. 1671 et seq.);
                    (B) are owned or controlled by entities subject to 
                United States sanctions; or
                    (C) are entities owned by a foreign government, 
                closely linked to or in partnership with a foreign 
                government or whose directors or organizational and 
                board leadership include any person serving in any 
                capacity in the defense apparatus of another nation;
            (2) it contains or uses covered telecommunications 
        equipment or services as that term is defined by section 889 of 
        the John S. McCain National Defense Authorization Act for 
        Fiscal Year 2019 (Public Law 115-232); or
            (3) it is of a class or category of products and was 
        produced by a manufacturer or an affiliate of such a 
        manufacturer found to have violated United States intellectual 
        property laws, including trade secret theft under section 
        1832(a)(5) of title 18, United States Code, found to have 
        committed economic espionage under section 183J(a)(5) of such 
        title, or deemed to have infringed the intellectual property 
        rights of any person in the United States.
    (b) Certification.--If buses or other rolling stock are being 
procured, the Administrator of the Federal Transit Administration shall 
require as a condition of responsiveness that each bidder certify that 
no component, subcomponent, article, material, or supply described in 
subparagraphs (A) through (C) of subsection (a)(1) of this section is 
incorporated in or used by the rolling stock that is offered by the 
bidder.

SEC. 2308. SPARE RATIO WAIVER.

    Section 5323 of title 49, United States Code, is further amended by 
adding at the end the following:
    ``(z) Spare Ratio Waiver.--The Federal Transit Administration shall 
waive spare ratio policies for rolling stock found in FTA Grant 
Management Requirements Circular 5010.1, FTA Circular 9030.1 providing 
Urbanized Area Formula Program guidance, and other guidance documents 
for 2 years from the date of enactment of this Act.''.

                     Subtitle D--Bus Grant Reforms

SEC. 2401. FORMULA GRANTS FOR BUSES.

    Section 5339(a) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``and subsection (d)'' after ``In 
                this subsection'';
                    (B) in subparagraph (A) by striking ``term `low or 
                no emission vehicle' has'' and inserting ``term `zero 
                emission vehicle' has'';
                    (C) in subparagraph (B) by inserting ``and the 
                District of Columbia'' after ``United States''; and
                    (D) in subparagraph (C) by striking ``the District 
                of Columbia,'';
            (2) in paragraph (2)(A) by striking ``low or no emission 
        vehicles'' and inserting ``zero emission vehicles'';
            (3) in paragraph (4)--
                    (A) in subparagraph (A) by inserting ``and 
                subsection (d)'' after ``this subsection''; and
                    (B) in subparagraph (B) by inserting ``and 
                subsection (d)'' after ``this subsection'';
            (4) in paragraph (5)(A)--
                    (A) by striking ``$90,500,000'' and inserting 
                ``$156,750,000'';
                    (B) by striking ``2016 through 2020'' and inserting 
                ``2022 through 2025'';
                    (C) by striking ``$1,750,000'' and inserting 
                ``$3,000,000''; and
                    (D) by striking ``$500,000'' and inserting 
                ``$750,000'';
            (5) in paragraph (7) by adding at the end the following:
                    ``(C) Special rule for buses and related equipment 
                for zero emission vehicles.--Notwithstanding 
                subparagraph (A), a grant for a capital project for 
                buses and related equipment for zero emission vehicles 
                and hybrid electric buses, that make meaningful 
                reductions in energy consumption and harmful emissions, 
                including direct carbon emissions, under this 
                subsection shall be for 90 percent of the net capital 
                costs of the project. A recipient of a grant under this 
                subsection may provide additional local matching 
                amounts.'';
            (6) in paragraph (8) by striking ``3 fiscal years'' and 
        inserting ``4 fiscal years'' and by striking ``3-fiscal-year 
        period'' and inserting ``4-fiscal-year period''; and
            (7) by striking paragraph (9).

SEC. 2402. BUS FACILITIES AND FLEET EXPANSION COMPETITIVE GRANTS.

    Section 5339(b) of title 49, United States Code, is amended--
            (1) in the heading by striking ``Buses and Bus Facilities 
        Competitive Grants'' and inserting ``Bus Facilities and Fleet 
        Expansion Competitive Grants'';
            (2) in paragraph (1)--
                    (A) by striking ``buses and'';
                    (B) by inserting ``and certain buses'' after 
                ``capital projects'';
                    (C) in subparagraph (A) by striking ``buses or 
                related equipment'' and inserting ``bus-related 
                facilities''; and
                    (D) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) purchasing or leasing buses that will not 
                replace buses in the applicant's fleet at the time of 
                application and will be used to--
                            ``(i) increase the frequency of bus 
                        service; or
                            ``(ii) increase the service area of the 
                        applicant.'';
            (3) by striking paragraph (2) and inserting the following:
            ``(2) Grant considerations.--In making grants--
                    ``(A) under subparagraph (1)(A), the Secretary 
                shall only consider--
                            ``(i) the age and condition of bus-related 
                        facilities of the applicant compared to all 
                        applicants and proposed improvements to the 
                        resilience (as such term is defined in section 
                        5302) of such facilities;
                            ``(ii) for a facility within or partially 
                        within the 100-year floodplain, whether such 
                        facility will be at least 2 feet above the base 
                        flood elevation; and
                            ``(iii) for a bus station, the degree of 
                        multi-modal connections at such station; and
                    ``(B) under paragraph (1)(B), the Secretary shall 
                consider the improvements to headway and projected new 
                ridership.''; and
            (4) in paragraph (6) by striking subparagraph (B) and 
        inserting the following:
                    ``(B) Government share of costs.--
                            ``(i) In general.--The Government share of 
                        the cost of an eligible project carried out 
                        under this subsection shall not exceed 80 
                        percent.
                            ``(ii) Special rule for buses and related 
                        equipment for zero emission vehicles.--
                        Notwithstanding clause (i), the Government 
                        share of the cost of an eligible project for 
                        the financing of buses and related equipment 
                        for zero emission vehicles and hybrid electric 
                        buses, that make meaningful reductions in 
                        energy consumption and harmful emissions, 
                        including direct carbon emissions, shall not 
                        exceed 90 percent.''.

SEC. 2403. ZERO EMISSION BUS GRANTS.

    (a) In General.--Section 5339(c) of title 49, United States Code, 
is amended--
            (1) in the heading by striking ``Low or No Emission 
        Grants'' and inserting ``Zero Emission Grants'';
            (2) in paragraph (1)--
                    (A) in subparagraph (B)--
                            (i) in clause (i) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                            (ii) in clause (ii) by striking ``low or no 
                        emission'' and inserting ``zero emission'';
                            (iii) in clause (iii) by striking ``low or 
                        no emission'' and inserting ``zero emission'';
                            (iv) in clause (iv) by striking 
                        ``facilities and related equipment for low or 
                        no emission'' and inserting ``related equipment 
                        for zero emission'';
                            (v) in clause (v) by striking ``facilities 
                        and related equipment for low or no emission 
                        vehicles;'' and inserting ``related equipment 
                        for zero emission vehicles; or'';
                            (vi) in clause (vii) by striking ``low or 
                        no emission'' and inserting ``zero emission'';
                            (vii) by striking clause (vi); and
                            (viii) by redesignating clause (vii) as 
                        clause (vi);
                    (B) by striking subparagraph (D) and inserting the 
                following:
                    ``(D) the term `zero emission bus' means a bus that 
                is a zero emission vehicle;'';
                    (C) by striking subparagraph (E) and inserting the 
                following:
                    ``(E) the term `zero emission vehicle' means a 
                vehicle used to provide public transportation that 
                produces no carbon dioxide or particulate matter;'';
                    (D) in subparagraph (F) by striking ``and'' at the 
                end;
                    (E) by striking subparagraph (G) and inserting the 
                following:
                    ``(G) the term `eligible area' means an area that 
                is--
                            ``(i) designated as a nonattainment area 
                        for ozone or particulate matter under section 
                        107(d) of the Clean Air Act (42 U.S.C. 
                        7407(d));
                            ``(ii) a maintenance area, as such term is 
                        defined in section 5303, for ozone or 
                        particulate matter; or
                            ``(iii) in a State that has enacted a 
                        statewide zero emission bus transition 
                        requirement, as determined by the Secretary; 
                        and''; and
                    (F) by adding at the end the following:
                    ``(H) the term `low-income community' means any 
                population census tract if--
                            ``(i) the poverty rate for such tract is at 
                        least 20 percent; or
                            ``(ii) in the case of a tract--
                                    ``(I) not located within a 
                                metropolitan area, the median family 
                                income for such tract does not exceed 
                                80 percent of statewide median family 
                                income; or
                                    ``(II) located within a 
                                metropolitan area, the median family 
                                income for such tract does not exceed 
                                80 percent of the greater statewide 
                                median family income or the 
                                metropolitan area median family 
                                income.''; and
            (3) by striking paragraph (5) and inserting the following:
            ``(5) Grant eligibility.--In awarding grants under this 
        subsection, the Secretary shall make grants to eligible 
        projects relating to the acquisition or leasing of zero 
        emission buses or bus facility improvements--
                    ``(A) that procure--
                            ``(i) at least 10 zero emission buses;
                            ``(ii) if the recipient operates less than 
                        50 buses in peak service, at least 5 zero 
                        emission buses; or
                            ``(iii) hydrogen buses;
                    ``(B) for which the recipient's board of directors 
                has approved a long-term integrated fleet management 
                plan that--
                            ``(i) establishes a goal by a set date to 
                        convert the entire bus fleet to zero emission 
                        buses; or
                            ``(ii) establishes a goal that within 10 
                        years from the date of approval of such plan 
                        the recipient will convert a set percentage of 
                        the total bus fleet of such recipient to zero 
                        emission buses; and
                    ``(C) for which the recipient has performed a fleet 
                transition study that includes optimal route planning 
                and an analysis of how utility rates may impact the 
                recipient's operations and maintenance budget.
            ``(7) Low and moderate community grants.--Not less than 10 
        percent of the amounts made available under this subsection in 
        a fiscal year shall be distributed to projects serving 
        predominantly low-income communities.''.
    (b) Metropolitan Transportation Planning.--Section 5303(b) of title 
49, United States Code, is amended by adding at the end the following:
            ``(9) Maintenance area.--The term `maintenance area' has 
        the meaning given the term in sections 171(2) and 175A of the 
        Clean Air Act (42 U.S.C. 7501(2); 7505a).''.

SEC. 2404. RESTORATION TO STATE OF GOOD REPAIR FORMULA SUBGRANT.

    Section 5339 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(d) Restoration to State of Good Repair Formula Subgrant.--
            ``(1) General authority.--The Secretary may make grants 
        under this subsection to assist eligible recipients and 
        subrecipients described in paragraph (2) in financing capital 
        projects to replace, rehabilitate, and purchase buses and 
        related equipment.
            ``(2) Eligible recipients and subrecipients.--Not later 
        than September 1 annually, the Secretary shall make public a 
        list of eligible recipients and subrecipients based on the most 
        recent data available in the National Transit Database to 
        calculate the 20 percent of eligible recipients and 
        subrecipients with the highest percentage of asset vehicle 
        miles for buses beyond the useful life benchmark established by 
        the Federal Transit Administration.
            ``(3) Urban apportionments.--Funds allocated under section 
        5338(a)(2)(L)(ii) shall be--
                    ``(A) distributed to--
                            ``(i) designated recipients in an urbanized 
                        area with a population of more than 200,000 
                        made eligible by paragraph (1); and
                            ``(ii) States based on subrecipients made 
                        eligible by paragraph (1) in an urbanized area 
                        under 200,000; and
                    ``(B) allocated pursuant to the formula set forth 
                in section 5336 other than subsection (b), using the 
                data from the 20 percent of eligible recipients and 
                subrecipients.
            ``(4) Rural allocation.--The Secretary shall--
                    ``(A) calculate the percentage of funds under 
                section 5338(a)(2)(L)(ii) to allocate to rural 
                subrecipients by dividing--
                            ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) of the 
                        rural subrecipients described in paragraph (2); 
                        by
                            ``(ii) the total asset vehicle miles for 
                        buses beyond such benchmark of all eligible 
                        recipients and subrecipients described in 
                        paragraph (2); and
                    ``(B) prior to the allocation described in 
                paragraph (3)(B), apportion to each State the amount of 
                the total rural allocation calculated under 
                subparagraph (A) attributable to such State based the 
                proportion that--
                            ``(i) the asset vehicle miles for buses 
                        beyond the useful life benchmark (established 
                        by the Federal Transit Administration) for 
                        rural subrecipients described in paragraph (2) 
                        in such State; bears to
                            ``(ii) the total asset vehicle miles 
                        described in subparagraph (A)(i).
            ``(5) Application of other provisions.--Paragraphs (3), 
        (7), and (8) of subsection (a) shall apply to eligible 
        recipients and subrecipients described in paragraph (2) of a 
        grant under this subsection.
            ``(6) Prohibition.--No eligible recipient or subrecipient 
        outside the top 5 percent of asset vehicle miles for buses 
        beyond the useful life benchmark established by the Federal 
        Transit Administration may receive a grant in both fiscal year 
        2022 and fiscal year 2023.
            ``(7) Requirement.--The Secretary shall require--
                    ``(A) States to expend, to the benefit of the 
                subrecipients eligible under paragraph (2), the 
                apportioned funds attributed to such subrecipients; and
                    ``(B) designated recipients to provide the 
                allocated funds to the recipients eligible under 
                paragraph (2) the apportioned funds attributed to such 
                recipients.''.

                   Subtitle E--Supporting All Riders

SEC. 2501. LOW-INCOME URBAN FORMULA FUNDS.

    Section 5336(j) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``75 percent'' and 
        inserting ``50 percent'';
            (2) in paragraph (2) by striking ``25 percent'' and 
        inserting ``12.5 percent''; and
            (3) by adding at the end the following:
            ``(3) 30 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population of 
        200,000 or more in the ratio that--
                    ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                    ``(B) the number of individuals in all such 
                urbanized areas residing in an urban census tract with 
                a poverty rate of at least 20 percent during the 5 
                years most recently ending; and
            ``(4) 7.5 percent of the funds shall be apportioned among 
        designated recipients for urbanized areas with a population 
        less than 200,000 in the ratio that--
                    ``(A) the number of individuals in each such 
                urbanized area residing in an urban census tract with a 
                poverty rate of at least 20 percent during the 5 years 
                most recently ending; bears to
                    ``(B) the number of individuals in all such areas 
                residing in an urban census tract with a poverty rate 
                of at least 20 percent during the 5 years most recently 
                ending.''.

SEC. 2502. RURAL PERSISTENT POVERTY FORMULA.

    Section 5311 of title 49, United States Code, as amended in section 
2204, is further amended--
            (1) in subsection (a) by adding at the end the following:
            ``(3) Persistent poverty county.--The term `persistent 
        poverty county' means any county with a poverty rate of at 
        least 20 percent--
                    ``(A) as determined in each of the 1990 and 2000 
                decennial censuses;
                    ``(B) in the Small Area Income and Poverty 
                Estimates of the Bureau of the Census for the most 
                recent year for which the estimates are available; and
                    ``(C) has at least 25 percent of its population in 
                rural areas.'';
            (2) in subsection (b)(2)(C)(i) by inserting ``and 
        persistent poverty counties'' before the semicolon; and
            (3) in subsection (c) by striking paragraph (2) and 
        inserting the following:
            ``(2) Persistent poverty public transportation assistance 
        program.--
                    ``(A) In general.--The Secretary shall carry out a 
                public transportation assistance program for areas of 
                persistent poverty.
                    ``(B) Apportionment.--Of amounts made available or 
                appropriated for each fiscal year under section 
                5338(a)(2)(E)(ii) to carry out this paragraph, the 
                Secretary shall apportion funds to recipients for 
                service in, or directly benefitting, persistent poverty 
                counties for any eligible purpose under this section in 
                the ratio that--
                            ``(i) the number of individuals in each 
                        such rural area residing in a persistent 
                        poverty county; bears to
                            ``(ii) the number of individuals in all 
                        such rural areas residing in a persistent 
                        poverty county.''.

SEC. 2503. DEMONSTRATION GRANTS TO SUPPORT REDUCED FARE TRANSIT.

    Section 5312 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) Demonstration Grants To Support Reduced Fare Transit.--
            ``(1) In general.--Not later than 300 days after the date 
        of enactment of the INVEST in America Act, the Secretary shall 
        award grants (which shall be known as `Access to Jobs Grants') 
        to eligible entities, on a competitive basis, to implement 
        reduced fare transit service.
            ``(2) Notice.--Not later than 180 days after the date of 
        enactment of the INVEST in America Act, the Secretary shall 
        provide notice to eligible entities of the availability of 
        grants under paragraph (1).
            ``(3) Application.--To be eligible to receive a grant under 
        this subsection, an eligible recipient shall submit to the 
        Secretary an application containing such information as the 
        Secretary may require, including, at a minimum, the following:
                    ``(A) A description of how the eligible entity 
                plans to implement reduced fare transit access with 
                respect to low-income individuals, including any 
                eligibility requirements for such transit access.
                    ``(B) A description of how the eligible entity will 
                consult with local community stakeholders, labor 
                unions, local education agencies and institutions of 
                higher education, public housing agencies, and 
                workforce development boards in the implementation of 
                reduced fares.
                    ``(C) A description of the eligible entity's 
                current fare evasion enforcement policies, including 
                how the eligible entity plans to use the reduced fare 
                program to reduce fare evasion.
                    ``(D) An estimate of additional costs to such 
                eligible entity as a result of reduced transit fares.
                    ``(E) A plan for a public awareness campaign of the 
                transit agency's ability to provide reduced fares, 
                including in foreign languages, based on--
                            ``(i) data from the Bureau of the Census 
                        and be consistent with the local area 
                        demographics where the transit agency operates 
                        and will include the languages that are most 
                        prevalent and commonly requested for 
                        translation services; or
                            ``(ii) qualitative and quantitative 
                        observation from community service providers 
                        including those that provide health and mental 
                        health services, social services, 
                        transportation, and other relevant social 
                        services.
            ``(4) Grant duration.--Grants awarded under this subsection 
        shall be for a 2-year period.
            ``(5) Selection of eligible recipients.--In carrying out 
        the program under this subsection, the Secretary shall award 
        not more than 20 percent of grants to eligible entities located 
        in rural areas.
            ``(6) Uses of funds.--An eligible entity receiving a grant 
        under this subsection shall use such grant to implement a 
        reduced fare transit program and offset lost fare revenue.
            ``(7) Rule of construction.--Nothing in this section shall 
        be construed to limit the eligibility of an applicant if a 
        State, local, or Tribal governmental entity provides reduced 
        fair transportation to low-income individuals.
            ``(8) Definitions.--In this subsection:
                    ``(A) Eligible entity.--The term `eligible entity' 
                means a State, local, or Tribal governmental entity 
                that operates a public transportation service and is a 
                recipient or subrecipient of funds under this chapter.
                    ``(B) Low-income individual.--The term `low-income 
                individual' means an individual--
                            ``(i) that has qualified for--
                                    ``(I) any program of medical 
                                assistance under a State plan or under 
                                a waiver of the plan under title XIX of 
                                the Social Security Act (42 U.S.C. 1396 
                                et seq.);
                                    ``(II) supplemental nutrition 
                                assistance program (SNAP) under the 
                                Food and Nutrition Act of 2008 (7 
                                U.S.C. 2011 et seq.);
                                    ``(III) the program of block grants 
                                for States for temporary assistance for 
                                needy families (TANF) established under 
                                part A of title IV of the Social 
                                Security Act (42 U.S.C. 601 et seq.);
                                    ``(IV) the free and reduced price 
                                school lunch program established under 
                                the Richard B. Russell National School 
                                Lunch Act (42 U.S.C. 1751 et seq.);
                                    ``(V) a housing voucher through 
                                section 8(o) of the United States 
                                Housing Act of 1937 (42 U.S.C. 
                                1437f(o));
                                    ``(VI) benefits under the Low-
                                Income Home Energy Assistance Act of 
                                1981;
                                    ``(VII) special supplemental food 
                                program for women, infants and children 
                                (WIC) under section 17 of the Child 
                                Nutrition Act of 1966 (42 U.S.C. 1786); 
                                or
                                    ``(VIII) a Federal Pell Grant under 
                                section 401 of the Higher Education Act 
                                of 1965 (20 U.S.C. 1070a); or
                            ``(ii) whose family income is at or below a 
                        set percent (as determined by the eligible 
                        recipient) of the poverty line (as that term is 
                        defined in section 673(2) of the Community 
                        Service Block Grant Act (42 U.S.C. 9902(2)), 
                        including any revision required by that 
                        section) for a family of the size involved.
            ``(9) Report.--The Secretary shall designate a university 
        transportation center under section 5505 to collaborate with 
        the eligible entities receiving a grant under this subsection 
        to collect necessary data to evaluate the effectiveness of 
        meeting the targets described in the application of such 
        recipient, including increased ridership and progress towards 
        significantly closing transit equity gaps.''.

     Subtitle F--Supporting Frontline Workers and Passenger Safety

SEC. 2601. NATIONAL TRANSIT FRONTLINE WORKFORCE TRAINING CENTER.

    Section 5314(b) of title 49, United States Code, is amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) National transit frontline workforce training 
        center.--
                    ``(A) Establishment.--The Secretary shall establish 
                a national transit frontline workforce training center 
                (hereinafter referred to as the `Center') and award 
                grants to a nonprofit organization with a demonstrated 
                capacity to develop and provide transit career pathway 
                programs through labor-management partnerships and 
                registered apprenticeships on a nationwide basis, in 
                order to carry out the duties under subparagraph (B). 
                The Center shall be dedicated to the needs of the 
                frontline transit workforce in both rural and urban 
                transit systems by providing standards-based training 
                in the maintenance and operations occupations.
                    ``(B) Duties.--
                            ``(i) In general.--In cooperation with the 
                        Administrator of the Federal Transit 
                        Administration, public transportation 
                        authorities, and national entities, the Center 
                        shall develop and conduct training and 
                        educational programs for frontline local 
                        transportation employees of recipients eligible 
                        for funds under this chapter.
                            ``(ii) Training and educational programs.--
                        The training and educational programs developed 
                        under clause (i) may include courses in recent 
                        developments, techniques, and procedures 
                        related to--
                                    ``(I) developing consensus national 
                                training standards, skills, 
                                competencies, and recognized 
                                postsecondary credentials in 
                                partnership with industry stakeholders 
                                for key frontline transit occupations 
                                with demonstrated skill gaps;
                                    ``(II) developing recommendations 
                                and best practices for curriculum and 
                                recognized postsecondary credentials, 
                                including related instruction and on-
                                the-job learning for registered 
                                apprenticeship programs for transit 
                                maintenance and operations occupations;
                                    ``(III) building local, regional, 
                                and statewide transit training 
                                partnerships to identify and address 
                                workforce skill gaps and develop 
                                skills, competencies, and recognized 
                                postsecondary credentials needed for 
                                delivering quality transit service and 
                                supporting employee career advancement;
                                    ``(IV) developing programs for 
                                training of transit frontline workers, 
                                instructors, mentors, and labor-
                                management partnership representatives, 
                                in the form of classroom, hands-on, on-
                                the-job, and web-based training, 
                                delivered at a national center, 
                                regionally, or at individual transit 
                                agencies;
                                    ``(V) developing training programs 
                                for skills and competencies related to 
                                existing and emerging transit 
                                technologies, including zero emission 
                                buses;
                                    ``(VI) developing improved capacity 
                                for safety, security, and emergency 
                                preparedness in local transit systems 
                                and in the industry as a whole 
                                through--
                                            ``(aa) developing the role 
                                        of the transit frontline 
                                        workforce in building and 
                                        sustaining safety culture and 
                                        safety systems in the industry 
                                        and in individual public 
                                        transportation systems; and
                                            ``(bb) training to address 
                                        transit frontline worker roles 
                                        in promoting health and safety 
                                        for transit workers and the 
                                        riding public;
                                    ``(VII) developing local transit 
                                capacity for career pathways programs 
                                with schools and other community 
                                organizations for recruiting and 
                                training under-represented populations 
                                as successful transit employees who can 
                                develop careers in the transit 
                                industry;
                                    ``(VIII) in collaboration with the 
                                Administrator of the Federal Transit 
                                Administration, the Bureau of Labor 
                                Statistics, the Employment and Training 
                                Adminstration, and organizations 
                                representing public transit agencies, 
                                conducting and disseminating research 
                                to--
                                            ``(aa) provide transit 
                                        workforce job projections and 
                                        identify training needs and 
                                        gaps;
                                            ``(bb) determine the most 
                                        cost-effective methods for 
                                        transit workforce training and 
                                        development, including return 
                                        on investment analysis;
                                            ``(cc) identify the most 
                                        effective methods for 
                                        implementing successful safety 
                                        systems and a positive safety 
                                        culture; and
                                            ``(dd) promote transit 
                                        workforce best practices for 
                                        achieving cost-effective, 
                                        quality, safe, and reliable 
                                        public transportation services; 
                                        and
                                    ``(IX) providing culturally 
                                competent training and educational 
                                programs to all who participate, 
                                regardless of gender, sexual 
                                orientation, or gender identity, 
                                including those with limited English 
                                proficiency, diverse cultural and 
                                ethnic backgrounds, and disabilities.
                    ``(C) Coordination.--The Secretary shall coordinate 
                activities under this section, to the maximum extent 
                practicable, with the Employment and Training 
                Administration, including the National Office of 
                Apprenticeship of the Department of Labor and the 
                Office of Career, Technical, and Adult Education of the 
                Department of Education.
                    ``(D) Availability of amounts.--
                            ``(i) In general.--Not more than 1 percent 
                        of amounts made available to a recipient under 
                        sections 5307, 5311, 5337, and 5339 is 
                        available for expenditures by the recipient, 
                        with the approval of the Secretary, to pay not 
                        more than 80 percent of the cost of eligible 
                        activities under this subsection.
                            ``(ii) Existing programs.--A recipient may 
                        use amounts made available under clause (i) to 
                        carry out existing local education and training 
                        programs for public transportation employees 
                        supported by the Secretary, the Department of 
                        Labor, or the Department of Education.
                            ``(iii) Limitation.--Any funds made 
                        available under this section that are used to 
                        fund an apprenticeship or apprenticeship 
                        program shall only be used for, or provided to, 
                        a registered apprenticeship program, including 
                        any funds awarded for the purposes of grants, 
                        contracts, or cooperative agreements, or the 
                        development, implementation, or administration, 
                        of an apprenticeship or an apprenticeship 
                        program.
                    ``(E) Definitions.--In this paragraph:
                            ``(i) Career pathway.--The term `career 
                        pathway' has the meaning given such term in 
                        section 3 of the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3102).
                            ``(ii) Recognized postsecondary 
                        credential.--The term `recognized postsecondary 
                        credential' has the meaning given such term in 
                        section 3 of the Workforce Innovation and 
                        Opportunity Act (29 U.S.C. 3102).
                            ``(iii) Registered apprenticeship 
                        program.--The term `registered apprenticeship 
                        program' means an apprenticeship program 
                        registered with the Department of Labor or a 
                        Federally-recognized State Apprenticeship 
                        Agency and that complies with the requirements 
                        under parts 29 and 30 of title 29, Code of 
                        Federal Regulations, as in effect on January 1, 
                        2019.'';
            (2) in paragraph (3) by striking ``or (2)''; and
            (3) by striking paragraph (4).

SEC. 2602. PUBLIC TRANSPORTATION SAFETY PROGRAM.

    Section 5329 of title 49, United States Code, is amended--
            (1) in subsection (b)(2)(C)(ii)--
                    (A) in subclause (I) by striking ``and'' at the 
                end;
                    (B) in subclause (II) by striking the semicolon and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                                    ``(III) innovations in driver 
                                assistance technologies and driver 
                                protection infrastructure where 
                                appropriate, and a reduction in 
                                visibility impairments that contribute 
                                to pedestrian fatalities;'';
            (2) in subsection (b)(2)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (E) and (F), respectively; and
                    (B) by adding at the end the following:
                    ``(D) in consultation with the Secretary of the 
                Department of Health and Human Services, precautionary 
                and reactive actions required to ensure public and 
                personnel safety and health during an emergency as 
                defined in section 5324.''.
            (3) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by inserting ``the 
                        safety committee established under paragraph 
                        (4), and subsequently,'' before ``the board of 
                        directors'';
                            (ii) in subparagraph (C) by striking 
                        ``public, personnel, and property'' and 
                        inserting ``public and personnel to injuries, 
                        assaults, fatalities, and, consistent with 
                        guidelines by the Centers for Disease Control 
                        and Prevention, infectious diseases, and 
                        strategies to minimize the exposure of 
                        property'';
                            (iii) by striking subparagraph (G) and 
                        inserting the following:
                    ``(G) a comprehensive staff training program for 
                the operations and maintenance personnel and personnel 
                directly responsible for safety of the recipient that 
                includes--
                            ``(i) the completion of a safety training 
                        program;
                            ``(ii) continuing safety education and 
                        training; and
                            ``(iii) de-escalation training;
                    ``(H) a requirement that the safety committee only 
                approve a safety plan under subparagraph (A) if such 
                plan stays within such recipient's fiscal budget; and
                    ``(I) a risk reduction program for transit 
                operations to improve safety by reducing the number and 
                rates of accidents, injuries, and assaults on transit 
                workers using data submitted to the National Transit 
                Database, including--
                            ``(i) a reduction of vehicular and 
                        pedestrian accidents involving buses that 
                        includes measures to reduce visibility 
                        impairments for bus operators that contribute 
                        to accidents, including retrofits to buses in 
                        revenue service and specifications for future 
                        procurements that reduce visibility 
                        impairments; and
                            ``(ii) transit worker assault mitigation, 
                        including the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations when a recipient's risk 
                        analysis performed by the safety committee 
                        established in paragraph (4) determines that 
                        such barriers or other measures would reduce 
                        assaults on and injuries to transit workers; 
                        and''; and
                    (B) by adding at the end the following:
            ``(4) Safety committee.--For purposes of the approval 
        process of an agency safety plan under paragraph (1), the 
        safety committee shall be convened by a joint labor-management 
        process and consist of an equal number of--
                    ``(A) frontline employee representatives, selected 
                by the labor organization representing the plurality of 
                the frontline workforce employed by the recipient or if 
                applicable a contractor to the recipient; and
                    ``(B) employer or State representatives.''; and
            (4) in subsection (e)(4)(A)(v) by inserting ``, 
        inspection,'' after ``has investigative''.

SEC. 2603. INNOVATION WORKFORCE STANDARDS.

    (a) Prohibition on Use of Funds.--No financial assistance under 
chapter 53 of title 49, United States Code, may be used for--
            (1) an automated vehicle providing public transportation 
        unless--
                    (A) the recipient of such assistance that proposes 
                to deploy an automated vehicle providing public 
                transportation certifies to the Secretary of 
                Transportation that the deployment does not eliminate 
                or reduce the frequency of existing public 
                transportation service; and
                    (B) the Secretary receives, approves, and publishes 
                the workforce development plan under subsection (b) 
                submitted by the eligible entity when required by 
                subsection (b)(1); and
            (2) a mobility on demand service unless--
                    (A) the recipient of such assistance that proposes 
                to deploy a mobility on demand service certifies to the 
                Secretary that the service meets the criteria under 
                section 5307, 5310, 5311, 5312, or 5316 of title 49, 
                United States Code; and
                    (B) the Secretary receives, approves, and publishes 
                the workforce development plan under subsection (b) 
                submitted by the eligible entity when required by 
                subsection (b)(1).
    (b) Workforce Development Plan.--
            (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, proposing to deploy 
        an automated vehicle providing public transportation or 
        mobility on demand service shall submit to the Secretary, prior 
        to implementation of such service, a workforce development plan 
        if such service, combined with any other automated vehicle 
        providing public transportation or mobility on demand service 
        offered by such recipient, would exceed by more than 0.5 
        percent of the recipient's total transit passenger miles 
        traveled.
            (2) Contents.--The workforce development plan under 
        subsection (a) shall include the following:
                    (A) A description of services offered by existing 
                conventional modes of public transportation in the area 
                served by the recipient that could be affected by the 
                proposed automated vehicle providing public 
                transportation or mobility on demand service, including 
                jobs and functions of such jobs.
                    (B) A forecast of the number of jobs provided by 
                existing conventional modes of public transportation 
                that would be eliminated or that would be substantially 
                changed and the number of jobs expected to be created 
                by the proposed automated vehicle providing public 
                transportation or mobility on demand service over a 5-
                year period from the date of the publication of the 
                workforce development plan.
                    (C) Identified gaps in skills needed to operate and 
                maintain the proposed automated vehicle providing 
                public transportation or mobility on demand service.
                    (D) A comprehensive plan to transition, train, or 
                retrain employees that could be affected by the 
                proposed automated vehicle providing public 
                transportation or mobility on demand service.
                    (E) An estimated budget to transition, train, or 
                retrain employees impacted by the proposed automated 
                vehicle providing public transportation or mobility on 
                demand service over a 5-year period from the date of 
                the publication of the workforce development plan.
    (c) Notice Required.--
            (1) In general.--A recipient of financial assistance under 
        chapter 53 of title 49, United States Code, shall issue a 
        notice to employees who, due to the use of an automated vehicle 
        providing public transportation or mobility on demand service, 
        may be subjected to a loss of employment or a change in 
        responsibilities not later than 60 days before signing a 
        contract for such service or procurement. A recipient shall 
        provide employees copies of a request for a proposal related to 
        an automated vehicle providing public transportation or 
        mobility on demand services at the time such request is issued.
            (2) Content.--The notice required in paragraph (1) shall 
        include the following:
                    (A) A description of the automated vehicle 
                providing public transportation or mobility on demand 
                service.
                    (B) The impact of the automated vehicle providing 
                public transportation or mobility on demand service on 
                employment positions, including a description of which 
                employment positions will be affected and whether any 
                new positions will be created.
    (d) Definitions.--In this section:
            (1) Automated vehicle.--The term ``automated vehicle'' 
        means a motor vehicle that--
                    (A) is capable of performing the entire task of 
                driving (including steering, accelerating and 
                decelerating, and reacting to external stimulus) 
                without human intervention; and
                    (B) is designed to be operated exclusively by a 
                Level 4 or Level 5 automated driving system for all 
                trips according to the recommended practice standards 
                published on June 15, 2018, by the Society of 
                Automotive Engineers International (J3016_201806) or 
                equivalent standards adopted by the Secretary with 
                respect to automated motor vehicles.
            (2) Mobility on demand.--The term ``mobility on demand'' 
        has the meaning given such term in section 5316 of title 49, 
        United States Code.
            (3) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302 of title 49, United States Code.
    (e) Savings Clause.--Nothing in this section shall prohibit the use 
of funds for an eligible activity or pilot project of a covered 
recipient authorized under current law prior to the date of enactment 
of this Act.

SEC. 2604. SAFETY PERFORMANCE MEASURES AND SET ASIDES.

    Section 5329(d)(2) of title 49, United States Code, is amended to 
read as follows:
            ``(2) Safety committee performance measures.--
                    ``(A) In general.--The safety committee described 
                in paragraph (4) shall establish performance measures 
                for the risk reduction program in paragraph (1)(I) 
                using a 3-year rolling average of the data submitted by 
                the recipient to the National Transit Database.
                    ``(B) Safety set aside.--With respect to a 
                recipient serving an urbanized area that receives funds 
                under section 5307, such recipient shall allocate not 
                less than 0.75 percent of such funds to projects 
                eligible under section 5307.
                    ``(C) Failure to meet performance measures.--Any 
                recipient that receives funds under section 5307 that 
                does not meet the performance measures established in 
                subparagraph (A) shall allocate the amount made 
                available in subparagraph (B) in the following fiscal 
                year to projects described in subparagraph (D).
                    ``(D) Eligible projects.--Funds set aside under 
                this paragraph shall be used for projects that are 
                reasonably likely to meet the performance measures 
                established in subparagraph (A), including 
                modifications to rolling stock and de-escalation 
                training.''.

SEC. 2605. U.S. EMPLOYMENT PLAN.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 5341. U.S. Employment Plan
    ``(a) Definitions.--In this section:
            ``(1) Commitment to high-quality career and business 
        opportunities.--The term `commitment to high-quality career and 
        business opportunities' means participation in a registered 
        apprenticeship program.
            ``(2) Covered infrastructure program.--The term `covered 
        infrastructure program' means any activity under program or 
        project under this chapter for the purchase or acquisition of 
        rolling stock.
            ``(3) U.S. employment plan.--The term `U.S. Employment 
        Plan' means a plan under which an entity receiving Federal 
        assistance for a project under a covered infrastructure program 
        shall--
                    ``(A) include in a request for proposal an 
                encouragement for bidders to include, with respect to 
                the project--
                            ``(i) high-quality wage, benefit, and 
                        training commitments by the bidder and the 
                        supply chain of the bidder for the project; and
                            ``(ii) a commitment to recruit and hire 
                        individuals described in subsection (e) if the 
                        project results in the hiring of employees not 
                        currently or previously employed by the bidder 
                        and the supply chain of the bidder for the 
                        project;
                    ``(B) give preference for the award of the contract 
                to a bidder that includes the commitments described in 
                clauses (i) and (ii) of subparagraph (A); and
                    ``(C) ensure that each bidder that includes the 
                commitments described in clauses (i) and (ii) of 
                subparagraph (A) that is awarded a contract complies 
                with those commitments.
            ``(4) Registered apprenticeship program.--The term 
        `registered apprenticeship program' means an apprenticeship 
        program registered with the Department of Labor or a Federally-
        recognized State Apprenticeship Agency and that complies with 
        the requirements under parts 29 and 30 of title 29, Code of 
        Federal Regulations, as in effect on January 1, 2019.
    ``(b) Best-Value Framework.--To the maximum extent practicable, a 
recipient of assistance under a covered infrastructure program is 
encouraged--
            ``(1) to ensure that each dollar invested in infrastructure 
        uses a best-value contracting framework to maximize the local 
        value of federally funded contracts by evaluating bids on price 
        and other technical criteria prioritized in the bid, such as--
                    ``(A) equity;
                    ``(B) environmental and climate justice;
                    ``(C) impact on greenhouse gas emissions;
                    ``(D) resilience;
                    ``(E) the results of a 40-year life-cycle analysis;
                    ``(F) safety;
                    ``(G) commitment to creating or sustaining high-
                quality job opportunities affiliated with registered 
                apprenticeship programs (as defined in subsection 
                (a)(3)) for disadvantaged or underrepresented 
                individuals in infrastructure industries in the United 
                States; and
                    ``(H) access to jobs and essential services by all 
                modes of travel for all users, including disabled 
                individuals; and
            ``(2) to ensure community engagement, transparency, and 
        accountability in carrying out each stage of the project.
    ``(c) Preference for Registered Apprenticeship Programs.--To the 
maximum extent practicable, a recipient of assistance under a covered 
infrastructure program, with respect to the project for which the 
assistance is received, shall give preference to a bidder that 
demonstrates a commitment to high-quality job opportunities affiliated 
with registered apprenticeship programs.
    ``(d) Use of U.S. Employment Plan.--Notwithstanding any other 
provision of law, in carrying out a project under a covered 
infrastructure program, each entity that receives Federal assistance 
shall use a U.S. Employment Plan for each contract of $10,000,000 or 
more for the purchase of manufactured goods or of services, based on an 
independent cost estimate.
    ``(e) Priority.--The head of the relevant Federal agency shall 
ensure that the entity carrying out a project under the covered 
infrastructure program gives priority to--
            ``(1) individuals with a barrier to employment (as defined 
        in section 3 of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3102)), including ex-offenders and disabled 
        individuals;
            ``(2) veterans; and
            ``(3) individuals that represent populations that are 
        traditionally underrepresented in the infrastructure workforce, 
        such as women and racial and ethnic minorities.
    ``(f) Report.--Not less frequently than once each fiscal year, the 
heads of the relevant Federal agencies shall jointly submit to Congress 
a report describing the implementation of this section.
    ``(g) Intent of Congress.--
            ``(1) In general.--It is the intent of Congress--
                    ``(A) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use a best-
                value contracting framework described in subsection (b) 
                for the purchase of goods and services;
                    ``(B) to encourage recipients of Federal assistance 
                under covered infrastructure programs to use 
                preferences for registered apprenticeship programs as 
                described in subsection (c) when evaluating bids for 
                projects using that assistance;
                    ``(C) to require that recipients of Federal 
                assistance under covered infrastructure programs use 
                the U.S. Employment Plan in carrying out the project 
                for which the assistance was provided; and
                    ``(D) that full and open competition under covered 
                infrastructure programs means a procedural competition 
                that prevents corruption, favoritism, and unfair 
                treatment by recipient agencies.
            ``(2) Inclusion.--A best-value contracting framework 
        described in subsection (b) is a framework that authorizes a 
        recipient of Federal assistance under a covered infrastructure 
        program, in awarding contracts, to evaluate a range of factors, 
        including price, the quality of products, the quality of 
        services, and commitments to the creation of good jobs for all 
        people in the United States.
    ``(h) Award Basis.--In awarding grants under this section, the 
Secretary shall give priority to eligible entities that--
            ``(1) ensure that not less than 50 percent of the workers 
        hired to participate in the job training program are hired 
        through local hiring in accordance with subsection (e), 
        including by prioritizing individuals with a barrier to 
        employment (including ex-offenders), disabled individuals 
        (meaning an individual with a disability (as defined in section 
        3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 
        12102))), veterans, and individuals that represent populations 
        that are traditionally underrepresented in the infrastructure 
        workforce; or
            ``(2) ensure the commitments described in clauses (i) and 
        (ii) of subsection (a)(2)(A) with respect to carrying out the 
        job training program.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by adding at the end the following:

``5341. U.S. Employment Plan.''.

SEC. 2606. TECHNICAL ASSISTANCE AND WORKFORCE DEVELOPMENT.

    (a) In General.--Section 5314(a) of title 49, Unites States Code, 
is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (H) by striking ``and'' at the 
                end;
                    (B) by redesignating subparagraph (I) as 
                subparagraph (J); and
                    (C) by inserting after subparagraph (H) the 
                following:
                    ``(I) provide innovation and capacity-building to 
                rural and tribal public transportation recipients but 
                that not to duplicate the activities of sections 
                5311(b) or 5312; and''; and
            (2) by adding at the end the following:
            ``(4) Availability of amounts.--Of the amounts made 
        available to carry out this section under section 5338(c), 
        $1,500,000 shall be available to carry out activities described 
        in paragraph (2)(I).''.
    (b) Availability of Amounts.-- Section 5314(c)(4)(A) of title 49, 
United States Code, is amended by inserting ``5311,'' after ``5307,''.

               Subtitle G--Transit-Supportive Communities

SEC. 2701. TRANSIT-SUPPORTIVE COMMUNITIES.

    (a) In General.--Chapter 53 of title 49, United States Code, is 
amended by inserting after section 5327 the following:
``Sec. 5328. Transit-supportive communities
    ``(a) Establishment.--The Secretary shall establish within the 
Federal Transit Administration, an Office of Transit-Supportive 
Communities to make grants, provide technical assistance, and assist in 
the coordination of transit and housing policies within the Federal 
Transit Administration, the Department of Transportation, and across 
the Federal Government.
    ``(b) Transit Oriented Development Planning Grant Program.--
            ``(1) Definition.--In this subsection the term `eligible 
        project' means--
                    ``(A) a new fixed guideway capital project or a 
                core capacity improvement project as defined in section 
                5309;
                    ``(B) an existing fixed guideway system, or an 
                existing station that is served by a fixed guideway 
                system; or
                    ``(C) the immediate corridor along the highest 25 
                percent of routes by ridership as demonstrated in 
                section 5336(b)(2)(B).
            ``(2) General authority.--The Secretary may make grants 
        under this subsection to a State, local governmental authority, 
        or metropolitan planning organization to assist in financing 
        comprehensive planning associated with an eligible project that 
        seeks to--
                    ``(A) enhance economic development, ridership, and 
                other goals established during the project development 
                and engineering processes or the grant application;
                    ``(B) facilitate multimodal connectivity and 
                accessibility;
                    ``(C) increase access to transit hubs for 
                pedestrian and bicycle traffic;
                    ``(D) enable mixed-use development;
                    ``(E) identify infrastructure needs associated with 
                the eligible project; and
                    ``(F) include private sector participation.
            ``(3) Eligibility.--A State, local governmental authority, 
        or metropolitan planning organization that desires to 
        participate in the program under this subsection shall submit 
        to the Secretary an application that contains at a minimum--
                    ``(A) an identification of an eligible project;
                    ``(B) a schedule and process for the development of 
                a comprehensive plan;
                    ``(C) a description of how the eligible project and 
                the proposed comprehensive plan advance the 
                metropolitan transportation plan of the metropolitan 
                planning organization;
                    ``(D) proposed performance criteria for the 
                development and implementation of the comprehensive 
                plan;
                    ``(E) a description of how the project will reduce 
                and mitigate social and economic impacts on existing 
                residents and businesses vulnerable to displacement; 
                and
                    ``(F) identification of--
                            ``(i) partners;
                            ``(ii) availability of and authority for 
                        funding; and
                            ``(iii) potential State, local or other 
                        impediments to the implementation of the 
                        comprehensive plan.
            ``(4) Cost share.--A grant under this subsection shall not 
        exceed an amount in excess of 80 percent of total project 
        costs, except that a grant that includes an affordable housing 
        component shall not exceed an amount in excess of 90 percent of 
        total project costs.
    ``(c) Technical Assistance.--The Secretary shall provide technical 
assistance to States, local governmental authorities, and metropolitan 
planning organizations in the planning and development of transit-
oriented development projects and transit supportive corridor policies, 
including--
            ``(1) the siting, planning, financing, and integration of 
        transit-oriented development projects;
            ``(2) the integration of transit-oriented development and 
        transit-supportive corridor policies in the preparation for and 
        development of an application for funding under section 602 of 
        title 23;
            ``(3) the siting, planning, financing, and integration of 
        transit-oriented development and transit supportive corridor 
        policies associated with projects under section 5309;
            ``(4) the development of housing feasibility assessments as 
        allowed under section 5309(g)(3)(B);
            ``(5) the development of transit-supportive corridor 
        policies that promote transit ridership and transit-oriented 
        development;
            ``(6) the development, implementation, and management of 
        land value capture programs; and
            ``(7) the development of model contracts, model codes, and 
        best practices for the implementation of transit-oriented 
        development projects and transit-supportive corridor policies.
    ``(d) Value Capture Policy Requirements.--
            ``(1) Value capture policy.--Not later than October 1 of 
        the fiscal year that begins 2 years after the date of enactment 
        of this section, the Secretary, in collaboration with State 
        departments of transportation, metropolitan planning 
        organizations, and regional council of governments, shall 
        establish voluntary and consensus-based value capture 
        standards, policies, and best practices for State and local 
        value capture mechanisms that promote greater investments in 
        public transportation and affordable transit-oriented 
        development.
            ``(2) Report.--Not later than 15 months after the date of 
        enactment of this section, the Secretary shall make available 
        to the public a report cataloging examples of State and local 
        laws and policies that provide for value capture and value 
        sharing that promote greater investment in public 
        transportation and affordable transit-oriented development.
    ``(d) Equity.--In providing technical assistance under subsection 
(c), the Secretary shall incorporate strategies to promote equity for 
underrepresented and underserved communities, including--
            ``(1) preventing displacement of existing residents and 
        businesses;
            ``(2) mitigating rent and housing price increases;
            ``(3) incorporating affordable rental and ownership housing 
        in transit-oriented development;
            ``(4) engaging under-served, limited English proficiency, 
        low income, and minority communities in the planning process;
            ``(5) fostering economic development opportunities for 
        existing residents and businesses; and
            ``(6) targeting affordable housing that help lessen 
        homelessness.
    ``(d) Authority To Request Staffing Assistance.--In fulfilling the 
duties of this section, the Secretary shall, as needed, request 
staffing and technical assistance from other Federal agencies, 
programs, administrations, boards, or commissions.
    ``(e) Review Existing Policies and Programs.--Not later than 24 
months after the date of enactment of this section, the Secretary shall 
review and evaluate all existing policies and programs within the 
Federal Transit Administration that support or promote transit-oriented 
development to ensure their coordination and effectiveness relative to 
the goals of this section.
    ``(f) Reporting.--Not later than February 1 of each year beginning 
the year after the date of enactment of this section, the Secretary 
shall prepare a report detailing the grants and technical assistance 
provided under this section, the number of affordable housing units 
constructed or planned as a result of projects funded in this section, 
and the number of affordable housing units constructed or planned as a 
result of a property transfer under section 5334(h)(1). The report 
shall be provided to the Committee on Transportation and Infrastructure 
of the House of Representatives and the Committee on Banking, Housing, 
and Urban Affairs of the Senate.
    ``(g) Savings Clause.--Nothing in this section authorizes the 
Secretary to provide any financial assistance for the construction of 
housing.
    ``(h) Priority for Low-Income Areas.--In awarding grants under this 
section, the Secretary shall give priority to projects under this 
section that expand or build transit in low-income areas or that 
provide access to public transportation to low-income areas that do not 
have access to public transportation.''.
    (b) Clerical Amendment.--The analysis for chapter 53 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5327 the following:

``5328. Transit-supportive communities.''.
    (c) Technical and Conforming Amendment.--Section 20005 of the MAP-
21 (Public Law 112-141) is amended--
            (1) by striking ``(a) Amendment.--''; and
            (2) by striking subsection (b).

SEC. 2702. PROPERTY DISPOSITION FOR AFFORDABLE HOUSING.

    Section 5334(h)(1) of title 49, United States Code, is amended to 
read as follows:
            ``(1) In general.--If a recipient of assistance under this 
        chapter decides an asset acquired under this chapter at least 
        in part with that assistance is no longer needed for the 
        purpose for which such asset was acquired, the Secretary may 
        authorize the recipient to transfer such asset to--
                    ``(A) a local governmental authority to be used for 
                a public purpose with no further obligation to the 
                Government if the Secretary decides--
                            ``(i) the asset will remain in public use 
                        for at least 5 years after the date the asset 
                        is transferred;
                            ``(ii) there is no purpose eligible for 
                        assistance under this chapter for which the 
                        asset should be used;
                            ``(iii) the overall benefit of allowing the 
                        transfer is greater than the interest of the 
                        Government in liquidation and return of the 
                        financial interest of the Government in the 
                        asset, after considering fair market value and 
                        other factors; and
                            ``(iv) through an appropriate screening or 
                        survey process, that there is no interest in 
                        acquiring the asset for Government use if the 
                        asset is a facility or land; or
                    ``(B) a local governmental authority, nonprofit 
                organization, or other third party entity to be used 
                for the purpose of transit-oriented development with no 
                further obligation to the Government if the Secretary 
                decides--
                            ``(i) the asset is a necessary component of 
                        a proposed transit-oriented development 
                        project;
                            ``(ii) the transit-oriented development 
                        project will increase transit ridership;
                            ``(iii) at least 40 percent of the housing 
                        units offered in the transit-oriented 
                        development , including housing units owned by 
                        nongovernmental entities, are legally binding 
                        affordability restricted to tenants with 
                        incomes at or below 60 percent of the area 
                        median income and/or owners with incomes at or 
                        below 60 percent the area median income;
                            ``(iv) the asset will remain in use as 
                        described in this section for at least 30 years 
                        after the date the asset is transferred; and
                            ``(v) with respect to a transfer to a third 
                        party entity--
                                    ``(I) a local government authority 
                                or nonprofit organization is unable to 
                                receive the property;
                                    ``(II) the overall benefit of 
                                allowing the transfer is greater than 
                                the interest of the Government in 
                                liquidation and return of the financial 
                                interest of the Government in the 
                                asset, after considering fair market 
                                value and other factors; and
                                    ``(III) the third party has 
                                demonstrated a satisfactory history of 
                                construction or operating an affordable 
                                housing development.''.

SEC. 2703. AFFORDABLE HOUSING INCENTIVES IN CAPITAL INVESTMENT GRANTS.

    Section 5309 of title 49, United States Code, is amended--
            (1) in subsection (g)--
                    (A) in paragraph (2)(B)--
                            (i) in clause (i) by striking ``; and'' and 
                        inserting a semicolon;
                            (ii) in clause (ii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iii) in the case of a new fixed guideway 
                        capital project or a core capacity improvement 
                        project, allow a weighting five points greater 
                        to the economic development subfactor and five 
                        points lesser to the lowest scoring subfactor 
                        if the applicant demonstrates substantial 
                        efforts to preserve or encourage affordable 
                        housing near the project by providing 
                        documentation of policies that allow by-right 
                        multi-family housing, single room occupancy 
                        units, or accessory dwelling units, providing 
                        local capital sources for transit-oriented 
                        development, or demonstrate other methods as 
                        determined by the Secretary.''; and
                    (B) in paragraph (3), as amended by this Act, by 
                adding at the end the following:
                    ``(B) establish a warrant that applies to the 
                economic development project justification criteria, 
                provided that the applicant that requests a warrant 
                under this process has completed and submitted a 
                housing feasibility assessment.''; and
            (2) in subsection (l)(4)--
                    (A) in subparagraph (B) by striking ``; or'' and 
                inserting a semicolon;
                    (B) in subparagraph (C) by striking the period and 
                inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(D) from grant proceeds distributed under section 
                103 of the Housing and Community Development Act of 
                1974 (42 U.S.C. 5303) or section 201 of the Public 
                Works and Economic Development Act of 1965 (42 U.S.C. 
                3141) provided that--
                            ``(i) such funds are used in conjunction 
                        with the planning or development of affordable 
                        housing; and
                            ``(ii) such affordable housing is located 
                        within one-half of a mile of a new station.''.

                         Subtitle H--Innovation

SEC. 2801. MOBILITY INNOVATION SANDBOX PROGRAM.

    Section 5312(d) of title 49, United States Code, is amended by 
adding at the end the following:
            ``(3) Mobility innovation sandbox program.--The Secretary 
        may make funding available under this subsection to carry out 
        research on mobility on demand and mobility as a service 
        activities eligible under section 5316.''.

SEC. 2802. TRANSIT BUS OPERATOR COMPARTMENT REDESIGN PROGRAM.

    Section 5312(d) of title 49, United States Code, is further amended 
by adding at the end the following:
            ``(4) Transit bus operator compartment redesign program.--
                    ``(A) In general.--The Secretary may make funding 
                available under this subsection to carry out research 
                on redesigning transit bus operator compartments to 
                improve safety, operational efficiency, and passenger 
                accessibility.
                    ``(B) Objectives.--Research objectives under this 
                paragraph shall include--
                            ``(i) increasing bus operator safety from 
                        assaults;
                            ``(ii) optimizing operator visibility and 
                        reducing operator distractions to improve 
                        safety of bus passengers, pedestrians, 
                        bicyclists, and other roadway users;
                            ``(iii) expanding passenger accessibility 
                        for positive interactions between operators and 
                        passengers, including assisting passengers in 
                        need of special assistance;
                            ``(iv) accommodating compliance for 
                        passenger boarding, alighting, and securement 
                        with the Americans with Disabilities Act of 
                        1990 (42 U.S.C. 12101 et seq.); and
                            ``(v) improving ergonomics to reduce bus 
                        operator work-related health issues and 
                        injuries, as well as locate key instrument and 
                        control interfaces to improve operational 
                        efficiency and convenience.
                    ``(C) Activities.--Eligible activities under this 
                paragraph shall include--
                            ``(i) measures to reduce visibility 
                        impairments and distractions for bus operators 
                        that contribute to accidents, including 
                        retrofits to buses in revenue service and 
                        specifications for future procurements that 
                        reduce visibility impairments and distractions;
                            ``(ii) the deployment of assault mitigation 
                        infrastructure and technology on buses, 
                        including barriers to restrict the unwanted 
                        entry of individuals and objects into bus 
                        operators' workstations;
                            ``(iii) technologies to improve passenger 
                        accessibility, including boarding, alighting, 
                        and securement in compliance with the Americans 
                        with Disabilities Act of 1990 (42 U.S.C. 12101 
                        et seq.);
                            ``(iv) installation of seating and 
                        modification to design specifications of bus 
                        operator workstations that reduce or prevent 
                        injuries from ergonomic risks; or
                            ``(v) other measures that align with the 
                        objectives under subparagraph (B).
                    ``(D) Eligible entities.--Entities eligible to 
                receive funding under this paragraph shall include 
                consortia consisting of, at a minimum:
                            ``(i) recipients of funds under this 
                        chapter that provide public transportation 
                        services;
                            ``(ii) transit vehicle manufacturers;
                            ``(iii) representatives from organizations 
                        engaged in collective bargaining on behalf of 
                        transit workers in not fewer than three States; 
                        and
                            ``(iv) any nonprofit institution of higher 
                        education, as defined in section 101 of the 
                        Higher Education Act of 1965 (20 U.S.C. 
                        1001).''.

SEC. 2803. FEDERAL TRANSIT ADMINISTRATION EVERY DAY COUNTS INITIATIVE.

    Section 5312 of title 49, United States Code, as amended by section 
2503, is further amended by adding at the end the following:
    ``(k) Every Day Counts Initiative.--
            ``(1) In general.--It is in the national interest for the 
        Department of Transportation and recipients of Federal public 
        transportation funds--
                    ``(A) to identify, accelerate, and deploy 
                innovation aimed at expediting project delivery, 
                enhancing the safety of transit systems of the United 
                States, and protecting the environment;
                    ``(B) to ensure that the planning, design, 
                engineering, construction, and financing of 
                transportation projects is done in an efficient and 
                effective manner;
                    ``(C) to promote the rapid deployment of proven 
                solutions that provide greater accountability for 
                public investments; and
                    ``(D) to create a culture of innovation within the 
                transit community.
            ``(2) FTA every day counts initiative.--To advance the 
        policies described in paragraph (1), the Administrator of the 
        Federal Transit Administration shall adopt the Every Day Counts 
        initiative to work with recipients to identify and deploy the 
        proven innovation practices and products that--
                    ``(A) accelerate innovation deployment;
                    ``(B) expedite the project delivery process;
                    ``(C) improve environmental sustainability;
                    ``(D) enhance transit safety;
                    ``(E) expand mobility; and
                    ``(F) reduce greenhouse gas emissions.
            ``(3) Consideration.--In accordance with the Every Day 
        Counts goals described in paragraphs (1) and (2), the 
        Administrator shall consider research conducted through the 
        university transportation centers program in section 5505.
            ``(4) Innovation deployment.--
                    ``(A) In general.--At least every 2 years, the 
                Administrator shall work collaboratively with 
                recipients to identify a new collection of innovations, 
                best practices, and data to be deployed to recipients 
                through case studies, webinars, and demonstration 
                projects.
                    ``(B) Requirements.--In identifying a collection 
                described in subparagraph (A), the Secretary shall take 
                into account market readiness, impacts, benefits, and 
                ease of adoption of the innovation or practice.
            ``(5) Publication.--Each collection identified under 
        paragraph (4) shall be published by the Administrator on a 
        publicly available website.''.

SEC. 2804. TECHNICAL CORRECTIONS.

    Section 5312 of title 49, United States Code, as amended in section 
2503 and 2803, is further amended--
            (1) in subsection (e)--
                    (A) in paragraph (3)(C) by striking ``low or no 
                emission vehicles, zero emission vehicles,'' and 
                inserting ``zero emission vehicles''; and
                    (B) by striking paragraph (6) and inserting the 
                following:
            ``(6) Zero emission vehicle defined.--In this subsection, 
        the term `zero emission vehicle' means a passenger vehicle used 
        to provide public transportation that produces no carbon or 
        particulate matter.'';
            (2) by redesignating the first subsection (g) as subsection 
        (f); and
            (3) in subsection (h)--
                    (A) in the header by striking ``Low or No 
                Emission'' and inserting ``Zero Emission'';
                    (B) in paragraph (1)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) the term `zero emission vehicle' has the 
                meaning given such term in subsection (e)(6);''; and
                            (ii) in subparagraph (D) by striking ``low 
                        or no emission vehicle'' and inserting ``zero 
                        emission vehicle'' each place such term 
                        appears;
                    (C) in paragraph (2)--
                            (i) in the heading by striking ``low or no 
                        emission'' and inserting ``zero emission''; and
                            (ii) by striking ``low or no emission'' and 
                        inserting ``zero emission'' each place such 
                        term appears;
                    (D) in paragraph (3) by striking ``low or no 
                emission'' and inserting ``zero emission'' each place 
                such term appears; and
                    (E) in paragraph (5)(A) by striking ``low or no 
                emission'' and inserting ``zero emission''.

SEC. 2805. NATIONAL ADVANCED TECHNOLOGY TRANSIT BUS DEVELOPMENT 
              PROGRAM.

    (a) Establishment.--The Secretary shall establish a national 
advanced technology transit bus development program to facilitate the 
development and testing of commercially viable advanced technology 
transit buses that do not exceed a Level 3 automated driving system and 
related infrastructure.
    (b) Authorization.--There shall be available $20,000,000 for each 
of fiscal years 2021 through 2025.
    (c) Grants.--The Secretary may enter into grants, contracts, and 
cooperative agreements with no more than three geographically diverse 
nonprofit organizations and recipients under chapter 53 of title 49, 
United States Code, to facilitate the development and testing of 
commercially viable advance technology transit buses and related 
infrastructure.
    (d) Considerations.--The Secretary shall consider the applicant's--
            (1) ability to contribute significantly to furthering 
        advanced technologies as it relates to transit bus operations, 
        including advanced driver assistance systems, automatic 
        emergency braking, accessibility, and energy efficiency;
            (2) financing plan and cost share potential;
            (3) technical experience developing or testing advanced 
        technologies in transit buses;
            (4) commitment to frontline worker involvement; and
            (5) other criteria that the Secretary determines are 
        necessary to carry out the program.
The Secretary shall not consider applicants working on autonomous 
vehicles.
    (e) Competitive Grant Selection.--The Secretary shall conduct a 
national solicitation for applications for grants under the program. 
Grant recipients shall be selected on a competitive basis. The 
Secretary shall give priority consideration to applicants that have 
successfully managed advanced transportation technology projects, 
including projects related to public transportation operations for a 
period of not less than 5 years.
    (f) Consortia.--As a condition of receiving an award in (c), the 
Secretary shall ensure--
            (1) that the selected non-profit recipients subsequently 
        establish a consortia for each proposal submitted, including 
        representatives from a labor union, transit agency, an FTA-
        designated university bus and component testing center, a Buy 
        America compliant transit bus manufacturer, and others as 
        determined by the Secretary;
            (2) that no proposal selected would decrease workplace or 
        passenger safety; and
            (3) that no proposal selected would undermine the creation 
        of high-quality jobs or workforce support and development 
        programs.
    (g) Federal Share.--The Federal share of costs of the program shall 
be provided from funds made available to carry out this section. The 
Federal share of the cost of a project carried out under the program 
shall not exceed 80 percent of such cost.

SEC. 2806. PUBLIC TRANSPORTATION INNOVATION.

    Section 5312(h)(2) of title 49, United States Code, is amended by 
striking subparagraph (G).

               Subtitle I--Other Program Reauthorizations

SEC. 2901. REAUTHORIZATION FOR CAPITAL AND PREVENTIVE MAINTENANCE 
              PROJECTS FOR WASHINGTON METROPOLITAN AREA TRANSIT 
              AUTHORITY.

    Section 601 of the Passenger Rail Investment and Improvement Act of 
2008 (Public Law 110-432) is amended--
            (1) in subsection (b) by striking ``The Federal'' and 
        inserting ``Except as provided in subsection (f)(2), the 
        Federal'';
            (2) by striking subsections (d) through (f) and inserting 
        the following:
    ``(d) Required Board Approval.--No amounts may be provided to the 
Transit Authority under this section until the Transit Authority 
certifies to the Secretary of Transportation that--
            ``(1) a board resolution has passed on or before July 1, 
        2021, and is in effect for the period of July 1, 2022 through 
        June 30, 2031, that--
                    ``(A) establishes an independent budget authority 
                for the Office of Inspector General of the Transit 
                Authority;
                    ``(B) establishes an independent procurement 
                authority for the Office of Inspector General of the 
                Transit Authority;
                    ``(C) establishes an independent hiring authority 
                for the Office of Inspector General of the Transit 
                Authority;
                    ``(D) ensures the Inspector General of the Transit 
                Authority can obtain legal advice from a counsel 
                reporting directly to the Inspector General;
                    ``(E) requires the Inspector General of the Transit 
                Authority to submit recommendations for corrective 
                action to the General Manager and the Board of 
                Directors of the Transit Authority;
                    ``(F) requires the Inspector General of the Transit 
                Authority to publish any recommendation described in 
                subparagraph (E) on the website of the Office of 
                Inspector General of the Transit Authority, except that 
                the Inspector General may redact personally 
                identifiable information and information that, in the 
                determination of the Inspector General, would pose a 
                security risk to the systems of the Transit Authority;
                    ``(G) requires the Board of Directors of the 
                Transit Authority to provide written notice to the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Banking, 
                Housing, and Urban Affairs of the Senate not less than 
                30 days before the Board of Directors removes the 
                Inspector General of the Transit Authority, which shall 
                include the reasons for removal and supporting 
                documentation; and
                    ``(H) prohibits the Board of Directors from 
                removing the Inspector General of the Transit Authority 
                unless the Board of Directors has provided a 30 day 
                written notification as described in subparagraph (G) 
                that documents--
                            ``(i) a permanent incapacity;
                            ``(ii) a neglect of duty;
                            ``(iii) malfeasance;
                            ``(iv) a conviction of a felony or conduct 
                        involving moral turpitude;
                            ``(v) a knowing violation of a law or 
                        regulation;
                            ``(vi) gross mismanagement;
                            ``(vii) a gross waste of funds;
                            ``(viii) an abuse of authority; or
                            ``(ix) inefficiency; and
            ``(2) the Code of Ethics for Members of the WMATA Board of 
        Directors passed on September 26, 2019, remains in effect, or 
        the Inspector General of the Transit Authority has consulted 
        with any modifications to the Code of Ethics by the Board.
    ``(e) Authorizations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary of Transportation for grants under this 
        section--
                    ``(A) for fiscal year 2021, $150,000,000;
                    ``(B) for fiscal year 2022, $155,000,000;
                    ``(C) for fiscal year 2023, $160,000,000;
                    ``(D) for fiscal year 2024, $165,000,000;
                    ``(E) for fiscal year 2025, $170,000,000;
                    ``(F) for fiscal year 2026, $175,000,000;
                    ``(G) for fiscal year 2027, $180,000,000;
                    ``(H) for fiscal year 2028, $185,000,000;
                    ``(I) for fiscal year 2029, $190,000,000; and
                    ``(J) for fiscal year 2030, $200,000,000.
            ``(2) Set aside for office of inspector general of transit 
        authority.--From the amounts in paragraph (1), the Transit 
        Authority shall provide at least 7 percent for each fiscal year 
        to the Office of Inspector General of the Transit Authority to 
        carry out independent and objective audits, investigations, and 
        reviews of Transit Authority programs and operations to promote 
        economy, efficiency, and effectiveness, and to prevent and 
        detect fraud, waste, and abuse in such programs and 
        operations.''; and
            (3) by redesignating subsection (g) as subsection (f).

SEC. 2902. OTHER APPORTIONMENTS.

    Section 5336 of title 49, United States Code, is amended--
            (1) in subsection (h)--
                    (A) in the matter preceding paragraph (1) by 
                striking ``section 5336(a)(2)(C)'' and inserting 
                ``section 5336(a)(2)(B)'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) to carry out section 5307(h)--
                    ``(A) $60,906,000 shall be set aside in fiscal year 
                2022;
                    ``(B) $61,856,134 shall be set aside in fiscal year 
                2023;
                    ``(C) $62,845,832 shall be set aside in fiscal year 
                2024; and
                    ``(D) $63,832,511 shall be set aside in fiscal year 
                2025;'';
                    (C) in paragraph (2) by striking ``3.07 percent'' 
                and inserting ``6 percent''; and
                    (D) by amending paragraph (3) to read as follows:
            ``(3) of amounts not apportioned under paragraphs (1) and 
        (2), 3 percent shall be apportioned to urbanized areas with 
        populations of less than 200,000 in accordance with subsection 
        (i);''; and
            (2) in subsection (i) by adding at the end the following:
            ``(3) Census phase-out.--Before apportioning funds under 
        subsection (h)(3), for any urbanized area that is no longer an 
        eligible area due to a change in population in the most recent 
        decennial census, the Secretary shall apportion to such 
        urbanized area, for 3 fiscal years, an amount equal to half of 
        the funds apportioned to such urbanized area pursuant to this 
        subsection for the previous fiscal year.''.

                        Subtitle J--Streamlining

SEC. 2911. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

    Section 5309 of title 49, United States Code, as amended by section 
2703 of this Act, is further amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (6);
                    (B) by redesignating paragraph (7) as paragraph 
                (6); and
                    (C) in paragraph (6), as so redesignated;
                            (i) in subparagraph (A) by striking 
                        ``$100,000,000'' and inserting 
                        ``$320,000,000''; and
                            (ii) in subparagraph (B) by striking 
                        ``$300,000,000'' and inserting 
                        ``$400,000,000'';
            (2) in subsection (b)(2) by inserting ``expanding station 
        capacity,'' after ``construction of infill stations,'';
            (3) in subsection (d)(1)--
                    (A) in subparagraph (C)(i) by striking ``2 years'' 
                and inserting ``3 years''; and
                    (B) by adding at the end the following:
                    ``(D) Optional project development activities.--An 
                applicant may perform cost and schedule risk 
                assessments with technical assistance provided by the 
                Secretary.
                    ``(E) Statutory construction.--Nothing in this 
                section shall be construed as authorizing the Secretary 
                to require cost and schedule risk assessments in the 
                project development phase.'';
            (4) in subsection (e)(1)--
                    (A) in subparagraph (C)(i) by striking ``2 years'' 
                and inserting ``3 years''; and
                    (B) by adding at the end the following:
                    ``(D) Optional project development activities.--An 
                applicant may perform cost and schedule risk 
                assessments with technical assistance provided by the 
                Secretary.
                    ``(E) Statutory construction.--Nothing in this 
                section shall be construed as authorizing the Secretary 
                to require cost and schedule risk assessments in the 
                project development phase.'';
            (5) in subsection (e)(2)(A)(iii)(II) by striking ``5 
        years'' and inserting ``10 years'';
            (6) in subsection (f)--
                    (A) in paragraph (1) by striking ``subsection 
                (d)(2)(A)(v)'' and inserting ``subsection 
                (d)(2)(A)(iv)'';
                    (B) in paragraph (2)--
                            (i) by striking ``subsection (d)(2)(A)(v)'' 
                        and inserting ``subsection (d)(2)(A)(iv)'';
                            (ii) in subparagraph (D) by adding ``and'' 
                        at the end;
                            (iii) by striking subparagraph (E); and
                            (iv) by redesignating subparagraph (F) as 
                        subparagraph (E); and
                    (C) by adding at the end the following:
            ``(3) Cost-share incentives.--For a project for which a 
        lower CIG cost share is elected by the applicant under 
        subsection (l)(1)(C), the Secretary shall apply the following 
        requirements and considerations in lieu of paragraphs (1) and 
        (2):
                    ``(A) Requirements.--In determining whether a 
                project is supported by local financial commitment and 
                shows evidence of stable and dependable financing 
                sources for purposes of subsection (d)(2)(A)(iv) or 
                (e)(2)(A)(v), the Secretary shall require that--
                            ``(i) the proposed project plan provides 
                        for the availability of contingency amounts 
                        that the applicant determines to be reasonable 
                        to cover unanticipated cost increases or 
                        funding shortfalls;
                            ``(ii) each proposed local source of 
                        capital and operating financing is stable, 
                        reliable, and available within the proposed 
                        project timetable; and
                            ``(iii) an applicant certifies that local 
                        resources are available to recapitalize, 
                        maintain, and operate the overall existing and 
                        proposed public transportation system, 
                        including essential feeder bus and other 
                        services necessary to achieve the projected 
                        ridership levels without requiring a reduction 
                        in existing public transportation services or 
                        level of service to operate the project.
                    ``(B) Considerations.--In assessing the stability, 
                reliability, and availability of proposed sources of 
                local financing for purposes of subsection 
                (d)(2)(A)(iv) or (e)(2)(A)(v), the Secretary shall 
                consider--
                            ``(i) the reliability of the forecasting 
                        methods used to estimate costs and revenues 
                        made by the recipient and the contractors to 
                        the recipient;
                            ``(ii) existing grant commitments;
                            ``(iii) any debt obligation that exists, or 
                        is proposed by the recipient, for the proposed 
                        project or other public transportation purpose; 
                        and
                            ``(iv) private contributions to the 
                        project, including cost-effective project 
                        delivery, management or transfer of project 
                        risks, expedited project schedule, financial 
                        partnering, and other public-private 
                        partnership strategies.''.
            (7) in subsection (g)--
                    (A) in paragraph (2)(A) by striking ``degree of 
                local financial commitment'' and inserting ``criteria 
                in subsection (f)'' each place it appears;
                    (B) in paragraph (3) by striking ``The Secretary 
                shall'' and all that follows through the end and 
                inserting the following: ``The Secretary shall--
                    ``(A) to the maximum extent practicable, develop 
                and use special warrants for making a project 
                justification determination under subsection (d)(2) or 
                (e)(2), as applicable, for a project proposed to be 
                funded using a grant under this section if--
                            ``(i) the share of the cost of the project 
                        to be provided under this section--
                                    ``(I) does not exceed $500,000,000 
                                and the total project cost does not 
                                exceed $1,000,000,000; or
                                    ``(II) complies with subsection 
                                (l)(1)(C);
                            ``(ii) the applicant requests the use of 
                        the warrants;
                            ``(iii) the applicant certifies that its 
                        existing public transportation system is in a 
                        state of good repair; and
                            ``(iv) the applicant meets any other 
                        requirements that the Secretary considers 
                        appropriate to carry out this subsection; 
                        and'';
                    (C) by striking paragraph (5) and inserting the 
                following:
            ``(5) Policy guidance.--The Secretary shall issue policy 
        guidance on the review and evaluation process and criteria not 
        later than 180 days after the date of enactment of the INVEST 
        in America Act.'';
                    (D) by striking paragraph (6) and inserting the 
                following:
            ``(6) Transparency.--Not later than 30 days after the 
        Secretary receives a written request from an applicant for all 
        remaining information necessary to obtain 1 or more of the 
        following, the Secretary shall provide such information to the 
        applicant:
                    ``(A) Project advancement.
                    ``(B) Medium or higher rating.
                    ``(C) Warrant.
                    ``(D) Letter of intent.
                    ``(E) Early systems work agreement.''; and
                    (E) in paragraph (7) by striking ``the Federal 
                Public Transportation Act of 2012'' and inserting ``the 
                INVEST in America Act'';
            (8) in subsection (h)--
                    (A) in paragraph (5) by inserting ``, except that 
                for a project for which a lower local cost share is 
                elected under subsection (l)(1)(C), the Secretary shall 
                enter into a grant agreement under this subsection for 
                any such project that establishes contingency amounts 
                that the applicant determines to be reasonable to cover 
                unanticipated cost increases or funding shortfalls'' 
                before the period at the end; and
                    (B) in paragraph (7)(C) by striking ``10 days'' and 
                inserting ``3 days'';
            (9) by striking subsection (i) and inserting the following:
    ``(i) Interrelated Projects.--
            ``(1) Ratings improvement.--The Secretary shall grant a 
        rating increase of 1 level in mobility improvements to any 
        project being rated under subsection (d), (e), or (h), if the 
        Secretary certifies that the project has a qualifying 
        interrelated project that meets the requirements of paragraph 
        (2).
            ``(2) Interrelated project.--A qualifying interrelated 
        project is a transit project that--
                    ``(A) is adopted into the metropolitan 
                transportation plan required under section 5303;
                    ``(B) has received a class of action designation 
                under the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.);
                    ``(C) will likely increase ridership on the project 
                being rated in subsection (d), (e), or (h), 
                respectively, as determined by the Secretary; and
                    ``(D) meets one of the following criteria:
                            ``(i) Extends the corridor of the project 
                        being rated in subsection (d), (e), or (h), 
                        respectively.
                            ``(ii) Provides a direct passenger transfer 
                        to the project being rated in subsection (d), 
                        (e), or (h), respectively.'';
            (10) in subsection (k)--
                    (A) in paragraph (2)(D) by adding at the end the 
                following:
                            ``(v) Local funding commitment.-- For a 
                        project for which a lower CIG cost share is 
                        elected by the applicant under subsection 
                        (l)(1)(C), the Secretary shall enter into a 
                        full funding grant agreement that has at least 
                        75 percent of local financial commitment 
                        committed and the remaining percentage budgeted 
                        for the proposed purposes.''; and
                    (B) in paragraph (5) by striking ``30 days'' and 
                inserting ``3 days'';
            (11) in subsection (l)--
                    (A) in paragraph (1) by striking subparagraph (B) 
                and inserting the following:
                    ``(B) Cap.--Except as provided in subparagraph (C), 
                a grant for a project under this section shall not 
                exceed 80 percent of the net capital project cost, 
                except that a grant for a core capacity improvement 
                project shall not exceed 80 percent of the net capital 
                project cost of the incremental cost to increase the 
                capacity in the corridor.
                    ``(C) Applicant election of lower local cig cost 
                share.--An applicant may elect a lower local CIG cost 
                share for a project under this section for purposes of 
                application of the cost-share incentives under 
                subsection (f)(3). Such cost share shall not exceed 60 
                percent of the net capital project cost, except that 
                for a grant for a core capacity improvement project 
                such cost share shall not exceed 60 percent of the net 
                capital project cost of the incremental cost to 
                increase the capacity in the corridor.'';
                    (B) by striking paragraph (5) and inserting the 
                following:
            ``(5) Limitation on statutory construction.--Nothing in 
        this section shall be construed as authorizing the Secretary to 
        require, incentivize (in any manner not specified in this 
        section), or place additional conditions upon a non-Federal 
        financial commitment for a project that is more than 20 percent 
        of the net capital project cost or, for a core capacity 
        improvement project, 20 percent of the net capital project cost 
        of the incremental cost to increase the capacity in the 
        corridor.''; and
                    (C) by striking paragraph (8) and inserting the 
                following:
            ``(8) Contingency share.--The Secretary shall provide 
        funding for the contingency amount equal to the proportion of 
        the CIG cost share. If the Secretary increases the contingency 
        amount after a project has received a letter of no prejudice or 
        been allocated appropriated funds, the federal share of the 
        additional contingency amount shall be 25 percent higher than 
        the original proportion the CIG cost share and in addition to 
        the grant amount set in subsection (k)(2)(C)(ii).'';
            (12) in subsection (o) by adding at the end the following:
            ``(4) CIG program dashboard.--Not later than the fifth day 
        of each month, the Secretary shall make publicly available on a 
        website data on, including the status of, each project under 
        this section that is in the project development phase, in the 
        engineering phase, or has received a grant agreement and 
        remains under construction. Such data shall include, for each 
        project--
                    ``(A) the amount and fiscal year of any funding 
                appropriated, allocated, or obligated for the project;
                    ``(B) the date on which the project--
                            ``(i) entered the project development 
                        phase;
                            ``(ii) entered the engineering phase, if 
                        applicable; and
                            ``(iii) received a grant agreement, if 
                        applicable; and
                    ``(C) the status of review by the Federal Transit 
                Administration and the Secretary, including dates of 
                request, dates of acceptance of request, and dates of a 
                decision for each of the following, if applicable:
                            ``(i) A letter of no prejudice.
                            ``(ii) An environmental impact statement 
                        notice of intent.
                            ``(iii) A finding of no significant 
                        environmental impact.
                            ``(iv) A draft environmental impact 
                        statement.
                            ``(v) A final environmental impact 
                        statement.
                            ``(vi) A record of decision on the final 
                        environmental impact statement.
                            ``(vii) The status of the applicant in 
                        securing the non-Federal match, based on 
                        information provided by the applicant, 
                        including the amount committed, budgeted, 
                        planned, and undetermined.'';
            (13) by striking ``an acceptable degree of'' and inserting 
        ``a'' each place it appears; and
            (14) by adding at the end the following:
    ``(r) Publication .--
            ``(1) Publication.--The Secretary shall publish a record of 
        decision on all projects in the New Starts tranche of the 
        program within 2 years of receiving a project's draft 
        environmental impact statement or update or change to such 
        statement.
            ``(2) Failure to issue record of decision.--For each 
        calendar month beginning on or after the date that is 12 months 
        after the date of enactment of the INVEST in America Act in 
        which the Secretary has not published a record of decision for 
        the final environmental impact statement on projects in the New 
        Starts tranche for at least 1 year, the Secretary shall reduce 
        the full-time equivalent employees within the immediate office 
        of the Secretary by 1.''.

SEC. 2912. RURAL AND SMALL URBAN APPORTIONMENT DEADLINE.

    Section 5336(d) of title 49, United States Code, is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following:
            ``(2) notwithstanding paragraph (1), apportion amounts to 
        the States appropriated under section 5338(a)(2) to carry out 
        sections 5307, 5310, and 5311 not later than December 15 for 
        which any amounts are appropriated; and''.

SEC. 2913. DISPOSITION OF ASSETS BEYOND USEFUL LIFE.

    Section 5334 of title 49, United States Code, is further amended by 
adding at the end the following:
    ``(l) Disposition of Assets Beyond Useful Life.--
            ``(1) In general.--If a recipient, or subrecipient, for 
        assistance under this chapter disposes of an asset with a 
        current market value, or proceed from the sale of such asset, 
        acquired under this chapter at least in part with such 
        assistance, after such asset has reached the useful life of 
        such asset, the Secretary shall allow the recipient, or 
        subrecipient, to use the proceeds attributable to the Federal 
        share of such asset calculated under paragraph (3) for capital 
        projects under section 5307, 5310, or 5311.
            ``(2) Minimum value.--This subsection shall only apply to 
        assets with a current market value, or proceeds from sale, of 
        at least $5,000.
            ``(3) Calculation of federal share attributable.--The 
        proceeds attributable to the Federal share of an asset 
        described in paragraph (1) shall be calculated by multiplying--
                    ``(A) the current market value of, or the proceeds 
                from the disposition of, such asset; by
                    ``(B) the Federal share percentage for the 
                acquisition of such asset at the time of acquisition of 
                such asset.''.

SEC. 2914. INNOVATIVE COORDINATED ACCESS AND MOBILITY.

    Section 5310 of title 49, United States Code, as amended by section 
2205, is further amended by adding at the end the following:
    ``(k) Innovative Coordinated Access and Mobility.--
            ``(1) Start up grants.--
                    ``(A) In general.--The Secretary may make grants 
                under this paragraph to eligible recipients to assist 
                in financing innovative projects for the transportation 
                disadvantaged that improve the coordination of 
                transportation services and non-emergency medical 
                transportation services.
                    ``(B) Application.--An eligible recipient shall 
                submit to the Secretary an application that, at a 
                minimum, contains--
                            ``(i) a detailed description of the 
                        eligible project;
                            ``(ii) an identification of all eligible 
                        project partners and the specific role of each 
                        eligible project partner in the eligible 
                        project, including--
                                    ``(I) private entities engaged in 
                                the coordination of nonemergency 
                                medical transportation services for the 
                                transportation disadvantaged;
                                    ``(II) nonprofit entities engaged 
                                in the coordination of nonemergency 
                                medical transportation services for the 
                                transportation disadvantaged; or
                                    ``(III) Federal and State entities 
                                engaged in the coordination of 
                                nonemergency medical transportation 
                                services for the transportation 
                                disadvantaged; and
                            ``(iii) a description of how the eligible 
                        project shall--
                                    ``(I) improve local coordination or 
                                access to coordinated transportation 
                                services;
                                    ``(II) reduce duplication of 
                                service, if applicable; and
                                    ``(III) provide innovative 
                                solutions in the State or community.
                    ``(C) Performance measures.--An eligible recipient 
                shall specify, in an application for a grant under this 
                paragraph, the performance measures the eligible 
                project, in coordination with project partners, will 
                use to quantify actual outcomes against expected 
                outcomes, including--
                            ``(i) changes to transportation 
                        expenditures as a result of improved 
                        coordination;
                            ``(ii) changes to healthcare expenditures 
                        provided by projects partners as a result of 
                        improved coordination; and
                            ``(iii) changes to health care metrics, 
                        including aggregate health outcomes provided by 
                        projects partners.
                    ``(D) Eligible uses.--Eligible recipients receiving 
                a grant under this section may use such funds for--
                            ``(i) the deployment of coordination 
                        technology;
                            ``(ii) projects that create or increase 
                        access to community One-Call/One-Click Centers;
                            ``(iii) projects that coordinate 
                        transportation for 3 or more of--
                                    ``(I) public transportation 
                                provided under this section;
                                    ``(II) a State plan approved under 
                                title XIX of the Social Security Act 
                                (42 U.S.C. 1396 et seq.);
                                    ``(III) title XVIII of the Social 
                                Security Act (42 U.S.C. 1395 et seq.);
                                    ``(IV) Veterans Health 
                                Administration; or
                                    ``(V) private health care 
                                facilities; and
                            ``(iv) such other projects as determined 
                        appropriate by the Secretary.
                    ``(E) Consultation.--In evaluating the performance 
                metrics described in subparagraph (C), the Secretary 
                shall consult with the Secretary of Health and Human 
                Services.
            ``(2) Incentive grants.--
                    ``(A) In general.--The Secretary may make grants 
                under this paragraph to eligible recipients to 
                incentivize innovative projects for the transportation 
                disadvantaged that improve the coordination of 
                transportation services and non-emergency medical 
                transportation services.
                    ``(B) Selection of grant recipients.--The Secretary 
                shall distribute grant funds made available to carry 
                out this paragraph as described in subparagraph (E) to 
                eligible recipients that apply and propose to 
                demonstrate improvement in the metrics described in 
                subparagraph (F).
                    ``(C) Eligibility.--An eligible recipient shall not 
                be required to have received a grant under paragraph 
                (1) to be eligible to receive a grant under this 
                paragraph.
                    ``(D) Applications.--Eligible recipients shall 
                submit to the Secretary an application that includes--
                            ``(i) which metrics under subparagraph (F) 
                        the eligible recipient intends to improve;
                            ``(ii) the performance data eligible 
                        recipients and the Federal, State, nonprofit, 
                        and private partners, as described in paragraph 
                        (1)(B)(ii), of the eligible recipient will make 
                        available; and
                            ``(iii) a proposed incentive formula that 
                        makes payments to the eligible recipient based 
                        on the proposed data and metrics.
                    ``(E) Distribution.--The Secretary shall distribute 
                funds made available to carry out this paragraph based 
                upon the number of grant applications approved by the 
                Secretary, number of individuals served by each grant, 
                and the incentive formulas approved by the Secretary 
                using the following metrics:
                            ``(i) The reduced transportation 
                        expenditures as a result of improved 
                        coordination.
                            ``(ii) The reduced Federal and State 
                        healthcare expenditures using the metrics 
                        described in subparagraph (F).
                            ``(iii) The reduced private healthcare 
                        expenditures using the metrics described in 
                        subparagraph (F).
                    ``(F) Healthcare metrics.--Healthcare metrics 
                described in this subparagraph shall be--
                            ``(i) reducing missed medical appointments;
                            ``(ii) the timely discharge of patients 
                        from hospitals;
                            ``(iii) preventing hospital admissions and 
                        reducing readmissions of patients into 
                        hospitals; and
                            ``(iv) other measureable healthcare 
                        metrics, as determined appropriate by the 
                        Secretary, in consultation with the Secretary 
                        of Health and Human Services.
                    ``(G) Eligible expenditures.--The Secretary shall 
                allow the funds distributed by this grant program to be 
                expended on eligible activities described in paragraph 
                (1)(D) and any eligible activity under this section 
                that is likely to improve the metrics described in 
                subparagraph (F).
                    ``(H) Recipient cap.--The Secretary--
                            ``(i) may not provide more than 20 grants 
                        under this paragraph; and
                            ``(ii) shall reduce the maximum number of 
                        grants under this paragraph to ensure projects 
                        are fully funded, if necessary.
                    ``(I) Consultation.--In evaluating the health care 
                metrics described in subparagraph (F), the Secretary 
                shall consult with the Secretary of Health and Human 
                Services.
                    ``(J) Annual grantee report.--Each grantee shall 
                submit a report, in coordination with the project 
                partners of such grantee, that includes an evaluation 
                of the outcomes of the grant awarded to such grantee, 
                including the performance measures.
            ``(3) Report.--The Secretary shall make publicly available 
        an annual report on the program carried out under this 
        subsection for each fiscal year, not later than December 31 of 
        the calendar year in which that fiscal year ends. The report 
        shall include a detailed description of the activities carried 
        out under the program, and an evaluation of the program, 
        including an evaluation of the performance measures used by 
        eligible recipients in consultation with the Secretary of 
        Health and Human Services.
            ``(4) Federal share.--
                    ``(A) In general.--The Federal share of the costs 
                of a project carried out under this subsection shall 
                not exceed 80 percent.
                    ``(B) Non-federal share.--The non-Federal share of 
                the costs of a project carried out under this 
                subsection may be derived from in-kind contributions.
            ``(5) Rule of construction.--For purposes of this 
        subsection, nonemergency medical transportation services shall 
        be limited to services eligible under Federal programs other 
        than programs authorized under this chapter.''.

SEC. 2915. PASSENGER FERRY GRANTS.

    Section 5307(h) of title 49, United States Code, is amended by 
adding at the end the following paragraph:
            ``(4) Zero-emission or reduced-emission grants.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `eligible project' means a 
                        project or program of projects in an area 
                        eligible for a grant under subsection (a) for--
                                    ``(I) acquiring zero- or reduced-
                                emission passenger ferries;
                                    ``(II) leasing zero- or reduced-
                                emission passenger ferries;
                                    ``(III) constructing facilities and 
                                related equipment for zero- or reduced-
                                emission passenger ferries;
                                    ``(IV) leasing facilities and 
                                related equipment for zero- or reduced-
                                emission passenger ferries;
                                    ``(V) constructing new public 
                                transportation facilities to 
                                accommodate zero- or reduced-emission 
                                passenger ferries;
                                    ``(VI) constructing shoreside ferry 
                                charging infrastructure for zero- or 
                                reduced-emission passenger ferries; or
                                    ``(VII) rehabilitating or improving 
                                existing public transportation 
                                facilities to accommodate zero- or 
                                reduced-emission passenger ferries;
                            ``(ii) the term `zero- or reduced-emission 
                        passenger ferry' means a passenger ferry used 
                        to provide public transportation that reduces 
                        emissions by utilizing onboard energy storage 
                        systems for hybrid-electric or 100 percent 
                        electric propulsion, related charging 
                        infrastructure, and other technologies deployed 
                        to reduce emissions or produce zero onboard 
                        emissions under normal operation; and
                            ``(iii) the term `recipient' means a 
                        designated recipient, a local government 
                        authority, or a State that receives a grant 
                        under subsection (a).
                    ``(B) General authority.--The Secretary may make 
                grants to recipients to finance eligible projects under 
                this paragraph.
                    ``(C) Grant requirements.--A grant under this 
                paragraph shall be subject to the same terms and 
                conditions as a grant under subsection (a).
                    ``(D) Competitive process.--The Secretary shall 
                solicit grant applications and make grants for eligible 
                projects under this paragraph on a competitive basis.
                    ``(E) Government share of costs.--
                            ``(i) In general.--The Federal share of the 
                        cost of an eligible project carried out under 
                        this paragraph shall not exceed 80 percent.
                            ``(ii) Non-federal share.--The non-Federal 
                        share of the cost of an eligible project 
                        carried out under this subsection may be 
                        derived from in-kind contributions.''.

SEC. 2916. EVALUATION OF BENEFITS AND FEDERAL INVESTMENT.

    Section 5309(h)(4) of title 49, United States Code, is amended by 
inserting ``, the extent to which the project improves transportation 
options to economically distressed areas,'' after ``public 
transportation''.

SEC. 2917. BEST PRACTICES FOR THE APPLICATION OF NATIONAL ENVIRONMENTAL 
              POLICY ACT OF 1969 TO FEDERALLY FUNDED BUS SHELTERS.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Transportation shall issue best practices on the 
application of the National Environmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) to federally funded bus shelters to assist recipients of 
Federal funds in receiving exclusions permitted by law.

                   TITLE III--HIGHWAY TRAFFIC SAFETY

SEC. 3001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following sums are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway safety programs.--For carrying out section 402 
        of title 23, United States Code--
                    (A) $378,400,000 for fiscal year 2022;
                    (B) $382,400,000 for fiscal year 2023;
                    (C) $386,500,000 for fiscal year 2024; and
                    (D) $390,400,000 for fiscal year 2025.
            (2) Highway safety research and development.--For carrying 
        out section 403 of title 23, United States Code--
                    (A) $182,495,000 for fiscal year 2022;
                    (B) $184,795,000 for fiscal year 2023;
                    (C) $187,795,000 for fiscal year 2024; and
                    (D) $190,695,000 for fiscal year 2025.
            (3) National priority safety programs.--For carrying out 
        section 405 of title 23, United States Code--
                    (A) $384,119,000 for fiscal year 2022;
                    (B) $393,205,000 for fiscal year 2023;
                    (C) $402,205,000 for fiscal year 2024; and
                    (D) $411,388,000 for fiscal year 2025.
            (4) National driver register.--For the National Highway 
        Traffic Safety Administration to carry out chapter 303 of title 
        49, United States Code--
                    (A) $5,700,000 for fiscal year 2022;
                    (B) $5,800,000 for fiscal year 2023;
                    (C) $5,900,000 for fiscal year 2024; and
                    (D) $6,000,000 for fiscal year 2025.
            (5) High-visibility enforcement program.--For carrying out 
        section 404 of title 23, United States Code--
                    (A) $60,200,000 for fiscal year 2022;
                    (B) $60,600,000 for fiscal year 2023;
                    (C) $60,800,000 for fiscal year 2024; and
                    (D) $61,200,000 for fiscal year 2025.
            (6) Administrative expenses.--For administrative and 
        related operating expenses of the National Highway Traffic 
        Safety Administration in carrying out chapter 4 of title 23, 
        United States Code--
                    (A) $30,586,000 for fiscal year 2022;
                    (B) $31,000,000 for fiscal year 2023;
                    (C) $31,500,000 for fiscal year 2024; and
                    (D) $31,917,000 for fiscal year 2025.
    (b) Prohibition on Other Uses.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and chapter 303 of title 49, 
United States Code, the amounts made available from the Highway Trust 
Fund (other than the Mass Transit Account) for a program under such 
chapters--
            (1) shall only be used to carry out such program; and
            (2) may not be used by States or local governments for 
        construction purposes.
    (c) Applicability of Title 23.--Except as otherwise provided in 
chapter 4 of title 23, United States Code, and chapter 303 of title 49, 
United States Code, amounts made available under subsection (a) for 
fiscal years 2022 through 2025 shall be available for obligation in the 
same manner as if such funds were apportioned under chapter 1 of title 
23, United States Code.
    (d) Regulatory Authority.--Grants awarded under chapter 4 of title 
23, United States Code, including any amendments made by this title, 
shall be carried out in accordance with regulations issued by the 
Secretary of Transportation.
    (e) State Matching Requirements.--If a grant awarded under chapter 
4 of title 23, United States Code, requires a State to share in the 
cost, the aggregate of all expenditures for highway safety activities 
made during a fiscal year by the State and its political subdivisions 
(exclusive of Federal funds) for carrying out the grant (other than 
planning and administration) shall be available for the purpose of 
crediting the State during such fiscal year for the non-Federal share 
of the cost of any other project carried out under chapter 4 of title 
23, United States Code (other than planning or administration), without 
regard to whether such expenditures were made in connection with such 
project.
    (f) Grant Application and Deadline.--To receive a grant under 
chapter 4 of title 23, United States Code, a State shall submit an 
application, and the Secretary of Transportation shall establish a 
single deadline for such applications to enable the award of grants 
early in the next fiscal year.

SEC. 3002. HIGHWAY SAFETY PROGRAMS.

    Section 402 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2)(A)--
                            (i) in clause (ii) by striking ``occupant 
                        protection devices (including the use of safety 
                        belts and child restraint systems)'' and 
                        inserting ``seatbelts'';
                            (ii) in clause (vii) by striking ``; and'' 
                        and inserting a semicolon; and
                            (iii) by inserting after clause (viii) the 
                        following:
                            ``(ix) to encourage more widespread and 
                        proper use of child safety seats (including 
                        booster seats) with an emphasis on underserved 
                        populations;
                            ``(x) to reduce injuries and deaths 
                        resulting from drivers of motor vehicles not 
                        moving to another traffic lane or reducing the 
                        speed of such driver's vehicle when law 
                        enforcement, fire service, emergency medical 
                        services, and other emergency vehicles are 
                        stopped or parked on or next to a roadway with 
                        emergency lights activated; and
                            ``(xi) to increase driver awareness of the 
                        dangers of pediatric vehicular hyperthermia;''; 
                        and
                    (B) by adding at the end the following:
            ``(3) Additional considerations.--States which have 
        legalized medicinal or recreational marijuana shall consider 
        programs in addition to the programs described in paragraph 
        (2)(A) to educate drivers on the risks associated with 
        marijuana-impaired driving and to reduce injuries and deaths 
        resulting from individuals driving motor vehicles while 
        impaired by marijuana.'';
            (2) in subsection (c)(4)--
                    (A) by striking subparagraph (C);
                    (B) by redesignating subparagraph (B) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) Special rule for school and work zones.--
                Notwithstanding subparagraph (A), a State may expend 
                funds apportioned to that State under this section to 
                carry out a program to purchase, operate, or maintain 
                an automated traffic system in a work zone or school 
                zone.
                    ``(C) Automated traffic enforcement system 
                guidelines.--Any automated traffic enforcement system 
                installed pursuant to subparagraph (B) shall comply 
                with speed enforcement camera systems and red light 
                camera systems guidelines established by the 
                Secretary.''; and
            (3) in subsection (n)--
                    (A) by striking ``Public Transparency'' and all 
                that follows through ``The Secretary'' and inserting 
                the following: ``Public Transparency.--
            ``(1) In general.--The Secretary''; and
                    (B) by adding at the end the following:
            ``(2) State highway safety plan website.--
                    ``(A) In general.--In carrying out the requirements 
                of paragraph (1), the Secretary shall establish a 
                public website that is easily accessible, navigable, 
                and searchable for the information required under 
                paragraph (1), in order to foster greater transparency 
                in approved State highway safety programs.
                    ``(B) Contents.--The website established under 
                subparagraph (A) shall--
                            ``(i) include each State highway safety 
                        plan and annual report submitted and approved 
                        by the Secretary under subsection (k);
                            ``(ii) provide a means for the public to 
                        search such website for State highway safety 
                        program content required in subsection (k), 
                        including--
                                    ``(I) performance measures required 
                                by the Secretary under paragraph 
                                (3)(A);
                                    ``(II) progress made toward meeting 
                                the State's performance targets for the 
                                previous year;
                                    ``(III) program areas and 
                                expenditures; and
                                    ``(IV) a description of any sources 
                                of funds other than funds provided 
                                under this section that the State 
                                proposes to use to carry out the State 
                                highway safety plan of such State.''.

SEC. 3003. TRAFFIC SAFETY ENFORCEMENT GRANTS.

    Section 402 of title 23, United States Code, as amended by section 
3002 of this Act, is further amended by inserting after subsection (k) 
the following:
    ``(l) Traffic Safety Enforcement Grants.--
            ``(1) General authority.--Subject to the requirements under 
        this subsection, the Secretary shall award grants to States for 
        the purpose of carrying out top-rated traffic safety 
        enforcement countermeasures to reduce traffic-related injuries 
        and fatalities.
            ``(2) Effective countermeasure defined.--In this 
        subsection, the term `effective countermeasure' means a 
        countermeasure rated 3, 4, or 5 stars in the most recent 
        edition of the National Highway Traffic Safety Administration's 
        Countermeasures That Work highway safety guide.
            ``(3) Funding.--Notwithstanding the apportionment formula 
        set forth in section 402(c)(2), the Secretary shall set aside 
        $35,000,000 of the funds made available under this section for 
        each fiscal year to be allocated among up to 10 States.
            ``(4) Selection criteria.--The Secretary shall select up to 
        10 applicants based on the following criteria:
                    ``(A) A preference for applicants who are 
                geographically diverse.
                    ``(B) A preference for applicants with a higher 
                average number of traffic fatalities per vehicle mile 
                traveled.
                    ``(C) A preference for applicants whose activities 
                under subparagraphs (A) and (B) of paragraph (6) are 
                expected to have the greatest impact on reducing 
                traffic-related fatalities and injuries, as determined 
                by the Secretary.
            ``(5) Eligibility.--A State may receive a grant under this 
        subsection in a fiscal year if the State demonstrates, to the 
        satisfaction of the Secretary, that the State is able to meet 
        the requirements in paragraph (6).
            ``(6) Requirements.--In order to receive funds, a State 
        must establish an agreement with the Secretary to--
                    ``(A) identify areas with the highest risk of 
                traffic fatalities and injuries;
                    ``(B) determine the most effective countermeasures 
                to implement in those areas, with priority given to 
                countermeasures rated above 3 stars; and
                    ``(C) report annual data under uniform reporting 
                requirements established by the Secretary, including--
                            ``(i) traffic citations, arrests, and other 
                        interventions made by law enforcement, 
                        including such interventions that did not 
                        result in arrest or citation;
                            ``(ii) the increase in traffic safety 
                        enforcement activity supported by these funds; 
                        and
                            ``(iii) any other metrics the Secretary 
                        determines appropriate to determine the success 
                        of the grant.
            ``(7) Use of funds.--
                    ``(A) In general.--Grant funds received by a State 
                under this subsection may be used for--
                            ``(i) implementing effective 
                        countermeasures determined under paragraph (6); 
                        and
                            ``(ii) law enforcement-related expenses, 
                        such as officer training, overtime, technology, 
                        and equipment, if the Secretary determines 
                        effective countermeasures have been implemented 
                        successfully and the Secretary provides 
                        approval.
                    ``(B) Broadcast and print media.--Up to 5 percent 
                of grant funds received by a State under this 
                subsection may be used for the development, production, 
                and use of broadcast and print media advertising in 
                carrying out traffic safety law enforcement efforts 
                under this subsection.
            ``(8) Allocation.--Grant funds allocated to a State under 
        this subsection for a fiscal year shall be in proportion to the 
        State's apportionment under subsection (c)(2) for the fiscal 
        year.
            ``(9) Maintenance of effort.--No grant may be made to a 
        State in any fiscal year under this subsection unless the State 
        enters into such an agreement with the Secretary, as the 
        Secretary may require, to ensure that the State will maintain 
        its aggregate expenditures from all State and local sources for 
        activities carried out in accordance with this subsection at or 
        above the average level of expenditures in the 2 fiscal years 
        preceding the date of enactment of this subsection.
            ``(10) Annual evaluation and report to congress.--The 
        Secretary shall conduct an annual evaluation of the 
        effectiveness of grants awarded under this subsection and shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate an annual report on 
        the effectiveness of the grants.''.

SEC. 3004. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

    Section 403 of title 23, United States Code, is amended--
            (1) in subsection (b) by inserting ``, training,'' after 
        ``demonstration projects'';
            (2) in subsection (f)(1)--
                    (A) by striking ``$2,500,000'' and inserting 
                ``$3,500,000''; and
                    (B) by striking ``subsection 402(c) in each fiscal 
                year ending before October 1, 2015, and $443,989 of the 
                total amount available for apportionment to the States 
                for highway safety programs under section 402(c) in the 
                period beginning on October 1, 2015, and ending on 
                December 4, 2015,'' and inserting ``section 402(c)(2) 
                in each fiscal year''; and
            (3) by striking subsection (h) and redesignating 
        subsections (i) and (j) as subsections (h) and (i), 
        respectively.

SEC. 3005. GRANT PROGRAM TO PROHIBIT RACIAL PROFILING.

    Section 403 of title 23, United States Code, as amended by section 
3004 of this Act, is further amended by adding at the end the 
following:
    ``(j) Grant Program To Prohibit Racial Profiling.--
            ``(1) General authority.--Subject to the requirements of 
        this subsection, the Secretary shall make grants to a State 
        that--
                    ``(A) is maintaining and allows public inspection 
                of statistical information for each motor vehicle stop 
                made by a law enforcement officer on a Federal-aid 
                highway in the State regarding the race, ethnicity, and 
                mode of transportation of the driver and the officer; 
                or
                    ``(B) provides assurances satisfactory to the 
                Secretary that the State is undertaking activities to 
                comply with the requirements of subparagraph (A).
            ``(2) Use of grant funds.--A grant received by a State 
        under paragraph (1) shall be used by the State for the costs 
        of--
                    ``(A) collecting and maintaining data on traffic 
                stops; and
                    ``(B) evaluating the results of such data.
            ``(3) Limitations.--
                    ``(A) Maximum amount of grants.--The total amount 
                of grants made to a State under this section in a 
                fiscal year may not exceed 5 percent of the amount made 
                available to carry out this section in the fiscal year.
                    ``(B) Eligibility.--On or after October 1, 2022, a 
                State may not receive a grant under paragraph (1)(B) in 
                more than 2 fiscal years.
            ``(4) Funding.--
                    ``(A) In general.--From funds made available under 
                this section, the Secretary shall set aside $7,500,000 
                for each fiscal year to carry out this subsection.
                    ``(B) Other uses.--The Secretary may reallocate, 
                before the last day of any fiscal year, amounts 
                remaining available under subparagraph (A) to increase 
                the amounts made available to carry out any other 
                activities authorized under this section in order to 
                ensure, to the maximum extent possible, that all such 
                amounts are obligated during such fiscal year.''.

SEC. 3006. HIGH-VISIBILITY ENFORCEMENT PROGRAM.

    Section 404 of title 23, United States Code, is amended--
            (1) in subsection (a) by striking ``3 campaigns will be 
        carried out in each of fiscal years 2016 through 2020'' and 
        inserting ``6 campaigns will be carried out in each of fiscal 
        years 2022 through 2025'';
            (2) in subsection (b)--
                    (A) in paragraph (1) by striking ``or drug-
                impaired'';
                    (B) in paragraph (2) by striking ``Increase use of 
                seatbelts'' and inserting ``Increase proper use of 
                seatbelts and child restraints'';
                    (C) by redesignating paragraph (2) as paragraph 
                (3);
                    (D) by inserting after paragraph (1) the following:
            ``(2) Reduce drug-impaired operation of motor vehicles.''; 
        and
                    (E) by adding at the end the following:
            ``(4) Reduce texting through a personal wireless 
        communications device by drivers while operating a motor 
        vehicle.
            ``(5) Reduce violations of move over laws of a State that 
        require motorists to change lanes or slow down when law 
        enforcement, fire service, emergency medical services and other 
        emergency vehicles are stopped or parked on or next to a 
        roadway with emergency lights activated.'';
            (3) by redesignating subsections (e) and (f) as subsections 
        (g) and (h), respectively;
            (4) by inserting after subsection (d) the following:
    ``(e) Frequency.--Each campaign administered under this section 
shall occur not less than once in each of fiscal years 2022 through 
2025 with the exception of campaigns to reduce alcohol-impaired 
operation of motor vehicles which shall occur not less than twice in 
each of fiscal years 2022 through 2025.
    ``(f) Coordination of Dynamic Highway Message Signs.--During the 
time a State is carrying out a campaign, the Secretary shall coordinate 
with States carrying out the campaigns under this section on the use of 
dynamic highway message signs to support national high-visibility 
advertising and education efforts associated with the campaigns.''; and
            (5) in subsection (g), as so redesignated--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) by inserting after paragraph (1) the following:
            ``(2) Dynamic highway message sign.--The term `dynamic 
        highway message sign' means a traffic control device that is 
        capable of displaying one or more alternative messages which 
        convey information to occupants of motor vehicles.''; and
                    (C) by adding at the end the following:
            ``(4) Texting.--The term `texting' has the meaning given 
        such term in section 405(e).''.

SEC. 3007. NATIONAL PRIORITY SAFETY PROGRAMS.

    (a) In General.--Section 405 of title 23, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1) by striking ``13 percent'' and 
                inserting ``12.85 percent'';
                    (B) in paragraph (2) by striking ``14.5 percent'' 
                and inserting ``14.3 percent'';
                    (C) in paragraph (3) by striking ``52.5 percent'' 
                and inserting ``51.75 percent'';
                    (D) in paragraph (4) by striking ``8.5 percent'' 
                and inserting ``8.3 percent'';
                    (E) in paragraph (6) by striking ``5 percent'' and 
                inserting ``4.9 percent'';
                    (F) in paragraph (7) by striking ``5 percent'' and 
                inserting ``4.9 percent'';
                    (G) in paragraph (8)--
                            (i) by striking ``paragraphs (1) through 
                        (7)'' and inserting ``paragraphs (1) through 
                        (8)'';
                            (ii) by striking ``subsection (b) through 
                        (h)'' and inserting ``subsections (b) through 
                        (i)''; and
                            (iii) by inserting ``to carry out any of 
                        the other activities described in such 
                        subsections, or the amount made available'' 
                        before ``under section 402(c)(2)'';
                    (H) in paragraph (9)(A) by striking ``date of 
                enactment of the FAST Act'' and inserting ``date of 
                enactment of the INVEST in America Act'';
                    (I) by redesignating paragraphs (8) and (9) as 
                paragraphs (9) and (10), respectively; and
                    (J) by inserting after paragraph (7) the following:
            ``(8) Driver and officer safety education.--In each fiscal 
        year, 1.5 percent of the funds provided under this section 
        shall be allocated among States that meet the requirements with 
        respect to driver and officer safety education (as described in 
        subsection (i)).'';
            (2) in subsection (c)(3)(E) by striking ``5'' and inserting 
        ``10'';
            (3) in subsection (b)(3) by adding at the end the 
        following:
                    ``(C) Minimum amount.--A State that is eligible for 
                funds under subparagraph (B), shall use a minimum of 10 
                percent of such funds to carry out the activities under 
                paragraph (4)(A)(v).'';
            (4) in subsection (b)(4)--
                    (A) in subparagraph (A) by striking clause (v) and 
                inserting the following:
                            ``(v) implement programs in low-income and 
                        underserved populations to--
                                    ``(I) recruit and train occupant 
                                protection safety professionals, 
                                nationally certified child passenger 
                                safety technicians, police officers, 
                                fire and emergency medical personnel, 
                                and educators serving low-income and 
                                underserved populations;
                                    ``(II) educate parents and 
                                caregivers in low-income and 
                                underserved populations about the 
                                proper use and installation of child 
                                safety seats; and
                                    ``(III) purchase and distribute 
                                child safety seats to low-income and 
                                underserved populations; and''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``100 percent'' and 
                        inserting ``90 percent''; and
                            (ii) by adding at the end the following: 
                        ``The remaining 10 percent of such funds shall 
                        be used to carry out subsection (A)(v).'';
            (5) by striking subsection (c)(4) and inserting the 
        following:
            ``(4) Use of grant amounts.--Grant funds received by a 
        State under this subsection shall be used for--
                    ``(A) making data program improvements to core 
                highway safety databases related to quantifiable, 
                measurable progress in any of the 6 significant data 
                program attributes set forth in paragraph (3)(D);
                    ``(B) developing or acquiring programs to identify, 
                collect, and report data to State and local government 
                agencies, and enter data, including crash, citation and 
                adjudication, driver, emergency medical services or 
                injury surveillance system, roadway, and vehicle, into 
                the core highway safety databases of a State;
                    ``(C) purchasing equipment to improve processes by 
                which data is identified, collected, and reported to 
                State and local government agencies;
                    ``(D) linking core highway safety databases of a 
                State with such databases of other States or with other 
                data systems within the State, including systems that 
                contain medical, roadway, and economic data;
                    ``(E) improving the compatibility and 
                interoperability of the core highway safety databases 
                of the State with national data systems and data 
                systems of other States;
                    ``(F) enhancing the ability of a State and the 
                Secretary to observe and analyze local, State, and 
                national trends in crash occurrences, rates, outcomes, 
                and circumstances;
                    ``(G) supporting traffic records-related training 
                and related expenditures for law enforcement, emergency 
                medical, judicial, prosecutorial, and traffic records 
                professionals;
                    ``(H) hiring traffic records professionals, 
                including a Fatality Analysis Reporting System liaison 
                for a State; and
                    ``(I) conducting research on State traffic safety 
                information systems, including developing and 
                evaluating programs to improve core highway safety 
                databases of such State and processes by which data is 
                identified, collected, reported to State and local 
                government agencies, and entered into such core safety 
                databases.'';
            (6) by striking subsection (d)(6)(A) and inserting the 
        following:
                    ``(A) Grants to states with alcohol-ignition 
                interlock laws.--The Secretary shall make a separate 
                grant under this subsection to each State that--
                            ``(i) adopts and is enforcing a mandatory 
                        alcohol-ignition interlock law for all 
                        individuals arrested or convicted of driving 
                        under the influence of alcohol or of driving 
                        while intoxicated;
                            ``(ii) does not allow any individual 
                        arrested or convicted of driving under the 
                        influence of alcohol or driving while 
                        intoxicated to drive a motor vehicle unless 
                        such individual installs an ignition interlock 
                        for a minimum 6-month interlock period; or
                            ``(iii) has--
                                    ``(I) enacted and is enforcing a 
                                state law requiring all individuals 
                                convicted of, or whose driving 
                                privilege is revoked or denied for, 
                                refusing to submit to a chemical or 
                                other test for the purpose of 
                                determining the presence or 
                                concentration of any intoxicating 
                                substance to install an ignition 
                                interlock for a minimum 6-month 
                                interlock period; and
                                    ``(II) a compliance-based removal 
                                program in which an individual arrested 
                                or convicted of driving under the 
                                influence of alcohol or driving while 
                                intoxicated shall install an ignition 
                                interlock for a minimum 6-month 
                                interlock period and have completed a 
                                minimum consecutive period of not less 
                                than 40 percent of the required 
                                interlock period immediately preceding 
                                the date of release, without a 
                                confirmed violation of driving under 
                                the influence of alcohol or driving 
                                while intoxicated.'';
            (7) in subsection (e)--
                    (A) in paragraph (1) by striking ``paragraphs (2) 
                and (3)'' and inserting ``paragraph (2)'';
                    (B) in paragraph (4)--
                            (i) by striking ``paragraph (2) or (3)'' 
                        and inserting ``paragraph (3) or (4)'';
                            (ii) in subparagraph (A) by striking 
                        ``communications device to contact emergency 
                        services'' and inserting ``communications 
                        device during an emergency to contact emergency 
                        services or to prevent injury to persons or 
                        property'';
                            (iii) in subparagraph (C) by striking ``; 
                        and'' and inserting a semicolon;
                            (iv) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (v) by inserting after subparagraph (C) the 
                        following:
                    ``(D) a driver who uses a personal wireless 
                communication device for navigation; and'';
                    (C) in paragraph (5)(A)(i) by striking ``texting or 
                using a cell phone while'' and inserting 
                ``distracted'';
                    (D) in paragraph (7) by striking ``Of the amounts'' 
                and inserting ``In addition to the amounts authorized 
                under section 404 and of the amounts'';
                    (E) in paragraph (9)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Personal wireless communications device.--The 
                term `personal wireless communications device' means--
                            ``(i) until the date on which the Secretary 
                        issues a regulation pursuant to paragraph 
                        (8)(A), a device through which personal 
                        services (as such term is defined in section 
                        332(c)(7)(C)(i) of the Communications Act of 
                        1934 (47 U.S.C. 332(c)(7)(C)(i)) are 
                        transmitted, but not including the use of such 
                        a device as a global navigation system receiver 
                        used for positioning, emergency notification, 
                        or navigation purposes; and
                            ``(ii) on and after the date on which the 
                        Secretary issues a regulation pursuant to 
                        paragraph (8)(A), the definition described in 
                        such regulation.''; and
                            (ii) by striking subparagraph (E) and 
                        inserting the following:
                    ``(E) Texting.--The term `texting' means--
                            ``(i) until the date on which the Secretary 
                        issues a regulation pursuant to paragraph 
                        (8)(A), reading from or manually entering data 
                        into a personal wireless communications device, 
                        including doing so for the purpose of SMS 
                        texting, emailing, instant messaging, or 
                        engaging in any other form of electronic data 
                        retrieval or electronic data communication; and
                            ``(ii) on and after the date on which the 
                        Secretary issues a regulation pursuant to 
                        paragraph (8)(A), the definition described in 
                        such regulation.'';
                    (F) by striking paragraphs (2), (3), (6), and (8);
                    (G) by redesignating paragraphs (4) and (5) as 
                paragraphs (5) and (6), respectively;
                    (H) by inserting after paragraph (1) the following:
            ``(2) Allocation.--
                    ``(A) In general.--Subject to subparagraphs (B), 
                (C), and (D), the allocation of grant funds to a State 
                under this subsection for a fiscal year shall be in 
                proportion to the State's apportionment under section 
                402 for fiscal year 2009.
                    ``(B) Primary offense laws.--A State that has 
                enacted and is enforcing a law that meets the 
                requirements set forth in paragraphs (3) and (4) as a 
                primary offense shall be allocated 100 percent of the 
                amount calculated under subparagraph (A).
                    ``(C) Secondary offense laws.--A State that has 
                enacted and is enforcing a law that meets the 
                requirements set forth in paragraphs (3) and (4) as a 
                secondary offense shall be allocated 50 percent of the 
                amount calculated under subparagraph (A).
                    ``(D) Texting while driving.--Notwithstanding 
                subparagraphs (B) and (C), a State shall be allocated 
                25 percent of the amount calculated under subparagraph 
                (A) if such State has enacted and is enforcing a law 
                that prohibits a driver from viewing a personal 
                wireless communication device, except for the purpose 
                of navigation.
            ``(3) Prohibition on handheld personal wireless 
        communication device use while driving.--A State law meets the 
        requirements set forth in this paragraph if the law--
                    ``(A) prohibits a driver from holding or using, 
                including texting, a personal wireless communications 
                device while driving, except for the use of a personal 
                wireless communications device--
                            ``(i) in a hands-free manner or with a 
                        hands-free accessory; or
                            ``(ii) to activate or deactivate a feature 
                        or function of the personal wireless 
                        communications device;
                    ``(B) establishes a fine for a violation of the 
                law; and
                    ``(C) does not provide for an exemption that 
                specifically allows a driver to hold or use a personal 
                wireless communication device while stopped in traffic.
            ``(4) Prohibition on personal wireless communication device 
        use while driving or stopped in traffic.--A State law meets the 
        requirements set forth in this paragraph if the law--
                    ``(A) prohibits a driver from holding or using a 
                personal wireless communications device while driving 
                if the driver is--
                            ``(i) younger than 18 years of age; or
                            ``(ii) in the learner's permit or 
                        intermediate license stage described in 
                        subparagraph (A) or (B) of subsection (g)(2);
                    ``(B) establishes a fine for a violation of the 
                law; and
                    ``(C) does not provide for an exemption that 
                specifically allows a driver to use a personal wireless 
                communication device while stopped in traffic.''; and
                    (I) by inserting after paragraph (7) the following:
            ``(8) Rulemaking.--Not later than 1 year after the date of 
        enactment of this paragraph, the Secretary shall issue such 
        regulations as are necessary to account for diverse State 
        approaches to combating distracted driving that--
                    ``(A) defines the terms personal wireless 
                communications device and texting for the purposes of 
                this subsection; and
                    ``(B) determines additional permitted exceptions 
                that are appropriate for a State law that meets the 
                requirements under paragraph (3) or (4).'';
            (8) in subsection (g)--
                    (A) in paragraph (1) by inserting ``subparagraphs 
                (A) and (B) of'' before ``paragraph (2)'';
                    (B) by striking paragraph (2) and inserting the 
                following:
            ``(2) Minimum requirements.--
                    ``(A) Tier 1 state.--A State shall be eligible for 
                a grant under this subsection as a Tier 1 State if such 
                State requires novice drivers younger than 18 years of 
                age to comply with a 2-stage graduated driver licensing 
                process before receiving an unrestricted driver's 
                license that includes--
                            ``(i) a learner's permit stage that--
                                    ``(I) is at least 180 days in 
                                duration;
                                    ``(II) requires that the driver be 
                                accompanied and supervised at all 
                                times; and
                                    ``(III) has a requirement that the 
                                driver obtain at least 40 hours of 
                                behind-the-wheel training with a 
                                supervisor; and
                            ``(ii) an intermediate stage that--
                                    ``(I) commences immediately after 
                                the expiration of the learner's permit 
                                stage;
                                    ``(II) is at least 180 days in 
                                duration; and
                                    ``(III) for the first 180 days of 
                                the intermediate stage, restricts the 
                                driver from--
                                            ``(aa) driving at night 
                                        between the hours of 11:00 p.m. 
                                        and at least 4:00 a.m. except--

                                                    ``(AA) when a 
                                                parent, guardian, 
                                                driving instructor, or 
                                                licensed driver who is 
                                                at least 21 years of 
                                                age is in the motor 
                                                vehicle; and

                                                    ``(BB) when driving 
                                                to and from work, 
                                                school and school-
                                                related activities, 
                                                religious activities, 
                                                for emergencies, or as 
                                                a member of voluntary 
                                                emergency service; and

                                            ``(bb) operating a motor 
                                        vehicle with more than 1 
                                        nonfamilial passenger younger 
                                        than 18 years of age, except 
                                        when a parent, guardian, 
                                        driving instructor, or licensed 
                                        driver who is at least 21 years 
                                        of age is in the motor vehicle.
                    ``(B) Tier 2 state.--A State shall be eligible for 
                a grant under this subsection as a Tier 2 State if such 
                State requires novice drivers younger than 18 years of 
                age to comply with a 2-stage graduated driver licensing 
                process before receiving an unrestricted driver's 
                license that includes--
                            ``(i) a learner's permit stage that--
                                    ``(I) is at least 180 days in 
                                duration;
                                    ``(II) requires that the driver be 
                                accompanied and supervised at all 
                                times; and
                                    ``(III) has a requirement that the 
                                driver obtain at least 50 hours of 
                                behind-the-wheel training, with at 
                                least 10 hours at night, with a 
                                supervisor; and
                            ``(ii) an intermediate stage that--
                                    ``(I) commences immediately after 
                                the expiration of the learner's permit 
                                stage;
                                    ``(II) is at least 180 days in 
                                duration; and
                                    ``(III) for the first 180 days of 
                                the intermediate stage, restricts the 
                                driver from--
                                            ``(aa) driving at night 
                                        between the hours of 10:00 p.m. 
                                        and at least 4:00 a.m. except--

                                                    ``(AA) when a 
                                                parent, guardian, 
                                                driving instructor, or 
                                                licensed driver who is 
                                                at least 21 years of 
                                                age is in the motor 
                                                vehicle; and

                                                    ``(BB) when driving 
                                                to and from work, 
                                                school and school-
                                                related activities, 
                                                religious activities, 
                                                for emergencies, or as 
                                                a member of voluntary 
                                                emergency service; and

                                            ``(bb) operating a motor 
                                        vehicle with any nonfamilial 
                                        passenger younger than 18 years 
                                        of age, except when a parent, 
                                        guardian, driving instructor, 
                                        or licensed driver who is at 
                                        least 21 years of age is in the 
                                        motor vehicle.'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (A) by inserting 
                        ``subparagraphs (A) and (B) of'' before 
                        ``paragraph (2)''; and
                            (ii) in subparagraph (B) by inserting 
                        ``subparagraphs (A) and (B) of'' before 
                        ``paragraph (2)'' each place such term appears;
                    (D) in paragraph (4) by striking ``such fiscal 
                year'' and inserting ``fiscal year 2009''; and
                    (E) by striking paragraph (5) and inserting the 
                following:
            ``(5) Use of funds.--
                    ``(A) Tier 1 states.--A Tier 1 State shall use 
                grant funds provided under this subsection for--
                            ``(i) enforcing a 2-stage licensing process 
                        that complies with paragraph (2);
                            ``(ii) training for law enforcement 
                        personnel and other relevant State agency 
                        personnel relating to the enforcement described 
                        in clause (i);
                            ``(iii) publishing relevant educational 
                        materials that pertain directly or indirectly 
                        to the State graduated driver licensing law;
                            ``(iv) carrying out other administrative 
                        activities that the Secretary considers 
                        relevant to the State's 2-stage licensing 
                        process; or
                            ``(v) carrying out a teen traffic safety 
                        program described in section 402(m).
                    ``(B) Tier 2 states .--Of the grant funds made 
                available to a Tier 2 State under this subsection--
                            ``(i) 25 percent shall be used for any 
                        activity described in subparagraph (A); and
                            ``(ii) 75 percent may be used for any 
                        project or activity eligible under section 
                        402.'';
            (9) by amending subsection (h)(4) to read as follows:
            ``(4) Use of grant amounts.--Grant funds received by a 
        State under this subsection may be used for the safety of 
        pedestrians and bicyclists, including--
                    ``(A) training of law enforcement officials on 
                pedestrian and bicycle safety, State laws applicable to 
                pedestrian and bicycle safety, and infrastructure 
                designed to improve pedestrian and bicycle safety;
                    ``(B) carrying out a program to support enforcement 
                mobilizations and campaigns designed to enforce State 
                traffic laws applicable to pedestrian and bicycle 
                safety;
                    ``(C) public education and awareness programs 
                designed to inform motorists, pedestrians, and 
                bicyclists about--
                            ``(i) pedestrian and bicycle safety, 
                        including information on nonmotorized mobility 
                        and the important of speed management to the 
                        safety of pedestrians and bicyclists;
                            ``(ii) the value of the use of pedestrian 
                        and bicycle safety equipment, including 
                        lighting, conspicuity equipment, mirrors, 
                        helmets and other protective equipment, and 
                        compliance with any State or local laws 
                        requiring their use;
                            ``(iii) State traffic laws applicable to 
                        pedestrian and bicycle safety, including 
                        motorists' responsibilities towards pedestrians 
                        and bicyclists; and
                            ``(iv) infrastructure designed to improve 
                        pedestrian and bicycle safety; and
                    ``(D) data analysis and research concerning 
                pedestrian and bicycle safety.''; and
            (10) by adding at the end the following:
    ``(i) Driver and Officer Safety Education.--
            ``(1) General authority.--Subject to the requirements under 
        this subsection, the Secretary shall award grants to--
                    ``(A) States that enact a commuter safety education 
                program; and
                    ``(B) States qualifying under paragraph (5)(A).
            ``(2) Federal share.--The Federal share of the costs of 
        activities carried out using amounts from a grant awarded under 
        this subsection may not exceed 80 percent.
            ``(3) Eligibility.--To be eligible for a grant under this 
        subsection, a State shall enact a law or adopt a program that 
        requires the following:
                    ``(A) Driver education and driving safety 
                courses.--Inclusion, in driver education and driver 
                safety courses provided to individuals by educational 
                and motor vehicle agencies of the State, of instruction 
                and testing concerning law enforcement practices during 
                traffic stops, including information on--
                            ``(i) the role of law enforcement and the 
                        duties and responsibilities of peace officers;
                            ``(ii) an individual's legal rights 
                        concerning interactions with peace officers;
                            ``(iii) best practices for civilians and 
                        peace officers during such interactions;
                            ``(iv) the consequences for an individual's 
                        or officer's failure to comply with those laws 
                        and programs; and
                            ``(v) how and where to file a complaint 
                        against or a compliment on behalf of a peace 
                        officer.
                    ``(B) Peace officer training programs.--Development 
                and implementation of a training program, including 
                instruction and testing materials, for peace officers 
                and reserve law enforcement officers (other than 
                officers who have received training in a civilian 
                course described in subparagraph (A)) with respect to 
                proper interaction with civilians during traffic stops.
            ``(4) Grant amount.--The allocation of grant funds to a 
        State under this subsection for a fiscal year shall be in 
        proportion to the State's apportionment under section 402 for 
        fiscal year 2009.
            ``(5) Special rule for certain states.--
                    ``(A) Qualifying state.--A State qualifies pursuant 
                to this subparagraph if--
                            ``(i) the Secretary determines such State 
                        has taken meaningful steps toward the full 
                        implementation of a law or program described in 
                        paragraph (3);
                            ``(ii) the Secretary determines such State 
                        has established a timetable for the 
                        implementation of such a law or program; and
                            ``(iii) such State has received a grant 
                        pursuant to this subsection for a period of not 
                        more than 5 years.
                    ``(B) Withholding.--With respect to a State that 
                qualifies pursuant to subparagraph (A), the Secretary 
                shall--
                            ``(i) withhold 50 percent of the amount 
                        that such State would otherwise receive if such 
                        State were a State described in paragraph 
                        (1)(A); and
                            ``(ii) direct any such amounts for 
                        distribution among the States that are 
                        enforcing and carrying out a law or program 
                        described in paragraph (3).
            ``(6) Use of grant amounts.--A State receiving a grant 
        under this subsection may use such grant--
                    ``(A) for the production of educational materials 
                and training of staff for driver education and driving 
                safety courses and peace officer training described in 
                paragraph (3); and
                    ``(B) for the implementation of the law described 
                in paragraph (3).''.
    (b) Conforming Amendment.--Sections 402, 403, and 405 of title 23, 
United States Code, are amended--
            (1) by striking ``accidents'' and inserting ``crashes'' 
        each place it appears; and
            (2) by striking ``accident'' and inserting ``crash'' each 
        place it appears.

SEC. 3008. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE 
              INTOXICATED OR DRIVING UNDER THE INFLUENCE.

    Section 164(b)(1) of title 23, United States Code, is amended--
            (1) in subparagraph (A) by striking ``alcohol-impaired'' 
        and inserting ``alcohol or polysubstance-impaired''; and
            (2) in subparagraph (B)--
                    (A) by striking ``alcohol-impaired'' and inserting 
                ``alcohol or polysubstance-impaired'';
                    (B) by striking ``or'' and inserting a comma; and
                    (C) by inserting ``, or driving while 
                polysubstance-impaired'' after ``driving under the 
                influence''.

SEC. 3009. NATIONAL PRIORITY SAFETY PROGRAM GRANT ELIGIBILITY.

    Section 4010(2) of the FAST Act (23 U.S.C. 405 note) is amended by 
striking ``deficiencies'' and inserting ``all deficiencies''.

SEC. 3010. IMPLICIT BIAS RESEARCH AND TRAINING GRANTS.

    (a) In General.--The Secretary of Transportation shall make grants 
to institutions of higher education (as such term is defined in section 
101 of the Higher Education Act of 1965 (20 U.S.C. 1001) for research 
and training in the operation or establishment of an implicit bias 
training program as it relates to racial profiling at traffic stops.
    (b) Qualifications.--To be eligible for a grant under this section, 
an institution of higher education shall--
            (1) have an active research program or demonstrate, to the 
        satisfaction of the Secretary, that the applicant is beginning 
        a research program to study implicit bias as it relates to 
        racial profiling before and during traffic stops; and
            (2) partner with State and local police departments to 
        conduct the research described in paragraph (1) and carry out 
        the implementation of implicit bias training with State and 
        local police departments.
    (c) Report.--No later than 1 year after a grant has been awarded 
under this section, the institution of higher education awarded the 
grant shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report 
summarizing the research on implicit bias as it relates to racial 
profiling before and during traffic stops, and recommendations on 
effective interventions and trainings.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each fiscal year to carry out this 
section.
    (e) Definitions.--In this section, the term ``implicit bias 
training program'' means a program that looks at the attitudes, 
stereotypes, and lenses human beings develop through various 
experiences in life that can unconsciously affect how they interact 
with one another.

SEC. 3011. STOP MOTORCYCLE CHECKPOINT FUNDING.

    Section 4007 of the FAST Act (23 U.S.C. 153 note) is amended--
            (1) in paragraph (1) by striking ``or'' at the end;
            (2) in paragraph (2) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) otherwise profile and stop motorcycle operators or 
        motorcycle passengers using as a factor the clothing or mode of 
        transportation of such operators or passengers.''.

SEC. 3012. ELECTRONIC DRIVER'S LICENSE.

    (a) REAL ID Act.--Section 202(a)(1) of the REAL ID Act of 2005 (49 
U.S.C. 30301 note) is amended by striking ``a driver's license or 
identification card'' and inserting ``a physical or digital driver's 
license or identification card''.
    (b) Title 18.--Section 1028(d)(7)(A) of title 18, United States 
Code, is amended by striking ``government issued driver's license'' and 
inserting ``government issued physical or digital driver's license''.

SEC. 3013. MOTORCYCLIST ADVISORY COUNCIL.

    (a) Short Title.--This section may be cited as the ``Motorcyclist 
Advisory Council Reauthorization Act''.
    (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a Motorcyclist Advisory Council (in this section referred to as the 
``Council'').
    (c) Duties.--
            (1) Advising.--The Council shall advise the Secretary, the 
        Administrator of the National Highway Traffic Safety 
        Administration, and the Administrator of the Federal Highway 
        Administration on transportation issues of concern to 
        motorcyclists, including--
                    (A) barrier design;
                    (B) road design, construction, and maintenance 
                practices; and
                    (C) the architecture and implementation of 
                intelligent transportation system technologies.
            (2) Biennial council report.--
                    (A) In general.--The Council shall submit a report 
                to the Secretary containing the Council's 
                recommendations regarding the issues described in 
                paragraph (1) on which the Council provides advice 
                pursuant to such paragraph.
                    (B) Timing.--Not later than October 31 of the 
                calendar year following the calendar year in which the 
                Council is established, and by every 2nd October 31 
                thereafter, the Council shall submit the report 
                required under this paragraph.
    (d) Membership.--
            (1) In general.--The Council shall be comprised of 12 
        members appointed by the Secretary as follows:
                    (A) Five experts from State or local government on 
                highway engineering issues, including--
                            (i) barrier design;
                            (ii) road design, construction, and 
                        maintenance; or
                            (iii) intelligent transportation systems.
                    (B) One State or local traffic and safety engineer, 
                design engineer, or other transportation department 
                official who is a motorcyclist.
                    (C) One representative from a national association 
                of State transportation officials.
                    (D) One representative from a national motorcyclist 
                association.
                    (E) One representative from a national motorcyclist 
                foundation.
                    (F) One representative from a national motorcycle 
                manufacturing association.
                    (G) One roadway safety data expert on crash testing 
                and analysis.
                    (H) One member of a national safety organization 
                that represents the traffic safety systems industry.
            (2) Duration.--
                    (A) Term.--Subject to subparagraphs (B) and (C), 
                each member shall serve one term of 2 years.
                    (B) Additional terms.--If a successor is not 
                designated for a member before the expiration of the 
                term the member is serving, the member may serve 
                another term.
                    (C) Appointment of replacements.--If a member 
                resigns before serving a full 2-year term, the 
                Secretary may appoint a replacement for such member to 
                serve the remaining portion such term. A member may 
                continue to serve after resignation until a successor 
                has been appointed. A vacancy in the Council shall be 
                filled in the manner in which the original appointment 
                was made.
            (3) Compensation.--Members shall serve without 
        compensation.
    (e) Termination.--The Council shall terminate 6 years after the 
date of its establishment.
    (f) Duties of the Secretary.--
            (1) Accept or reject recommendation.--
                    (A) Secretary determines.--The Secretary shall 
                determine whether to accept or reject a recommendation 
                contained in a Council report.
                    (B) Timing.--
                            (i) Must accept or reject.--The Secretary 
                        must indicate in each report submitted under 
                        this section the Secretary's acceptance or 
                        rejection of each recommendation listed in such 
                        report.
                            (ii) Exception.--The Secretary may indicate 
                        in a report submitted under this section that a 
                        recommendation is under consideration. If the 
                        Secretary does so, the Secretary must accept or 
                        reject the recommendation in the next report 
                        submitted under this section.
            (2) Report.--
                    (A) In general.--Not later than 60 days after the 
                Secretary receives a Council report, the Secretary 
                shall submit a report to the following committees and 
                subcommittees:
                            (i) The Committee on Transportation and 
                        Infrastructure of the House of Representatives.
                            (ii) The Committee on Environment and 
                        Public Works of the Senate.
                            (iii) The Committee on Commerce, Science, 
                        and Transportation of the Senate.
                            (iv) The Subcommittee on Transportation, 
                        and Housing and Urban Development, and Related 
                        Agencies of the Committee on Appropriations of 
                        the House of Representatives.
                            (v) The Subcommittee on Transportation, and 
                        Housing and Urban Development, and Related 
                        Agencies of the Committee on Appropriations of 
                        the Senate.
                    (B) Contents.--A report submitted under this 
                subsection shall include--
                            (i) a list containing--
                                    (I) each recommendation contained 
                                in the Council report described in 
                                paragraph (1); and
                                    (II) each recommendation indicated 
                                as under consideration in the previous 
                                report submitted under this subsection; 
                                and
                            (ii) for each such recommendation, whether 
                        it is accepted, rejected, or under 
                        consideration by the Secretary.
            (3) Administrative and technical support.--The Secretary 
        shall provide such administrative support, staff, and technical 
        assistance to the Council as the Secretary determines to be 
        necessary for the Council to carry out its duties.
    (g) Definitions.--In this section:
            (1) Council report.--The term ``Council report'' means the 
        report described in subsection (f)(2).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.

SEC. 3014. REPORT ON MARIJUANA RESEARCH.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation, in consultation with the 
Attorney General and the Secretary of Health and Human Services, shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and make publicly available on the 
Department of Transportation website, a report and recommendations on--
            (1) increasing and improving access, for scientific 
        researchers studying impairment while driving under the 
        influence of marijuana, to samples and strains of marijuana and 
        products containing marijuana lawfully being offered to 
        patients or consumers in a State on a retail basis;
            (2) establishing a national clearinghouse to collect and 
        distribute samples and strains of marijuana for scientific 
        research that includes marijuana and products containing 
        marijuana lawfully available to patients or consumers in a 
        State on a retail basis;
            (3) facilitating access, for scientific researchers located 
        in States that have not legalized marijuana for medical or 
        recreational use, to samples and strains of marijuana and 
        products containing marijuana from such clearinghouse for 
        purposes of research on marijuana-impaired driving; and
            (4) identifying Federal statutory and regulatory barriers 
        to the conduct of scientific research and the establishment of 
        a national clearinghouse for purposes of facilitating research 
        on marijuana-impaired driving.
    (b) Definition of Marijuana.--In this section, the term 
``marijuana'' has the meaning given such term in section 4008 of the 
FAST Act (Public Law 114-94).

                     TITLE IV--MOTOR CARRIER SAFETY

   Subtitle A--Motor Carrier Safety Grants, Operations, and Programs

SEC. 4101. MOTOR CARRIER SAFETY GRANTS.

    (a) In General.--Section 31104 of title 49, United States Code, is 
amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) Financial Assistance Programs.--The following sums are 
authorized to be appropriated from the Highway Trust Fund (other than 
the Mass Transit Account):
            ``(1) Motor carrier safety assistance program.--Subject to 
        paragraph (2) and subsection (c), to carry out section 31102 
        (except subsection (l))--
                    ``(A) $388,950,000 for fiscal year 2022;
                    ``(B) $398,700,000 for fiscal year 2023;
                    ``(C) $408,900,000 for fiscal year 2024; and
                    ``(D) $418,425,000 for fiscal year 2025.
            ``(2) High-priority activities program.--Subject to 
        subsection (c), to carry out section 31102(l)--
                    ``(A) $72,604,000 for fiscal year 2022;
                    ``(B) $74,424,000 for fiscal year 2023;
                    ``(C) $76,328,000 for fiscal year 2024; and
                    ``(D) $78,106,000 for fiscal year 2025.
            ``(3) Commercial motor vehicle operators grant program.--To 
        carry out section 31103--
                    ``(A) $1,037,200 for fiscal year 2022;
                    ``(B) $1,063,200 for fiscal year 2023;
                    ``(C) $1,090,400 for fiscal year 2024; and
                    ``(D) $1,115,800 for fiscal year 2025.
            ``(4) Commercial driver's license program implementation 
        program.--Subject to subsection (c), to carry out section 
        31313--
                    ``(A) $56,008,800 for fiscal year 2022;
                    ``(B) $57,412,800 for fiscal year 2023;
                    ``(C) $58,881,600 for fiscal year 2024; and
                    ``(D) $60,253,200 for fiscal year 2025.'';
            (2) by striking subsection (c) and inserting the following:
    ``(c) Partner Training and Program Support.--
            ``(1) In general.--On October 1 of each fiscal year, or as 
        soon after that date as practicable, the Secretary may deduct 
        from amounts made available under paragraphs (1), (2), and (4) 
        of subsection (a) for that fiscal year not more than 1.50 
        percent of those amounts for partner training and program 
        support in that fiscal year.
            ``(2) Use of funds.--The Secretary shall use at least 75 
        percent of the amounts deducted under paragraph (1) on training 
        and related training materials for non-Federal Government 
        employees.
            ``(3) Partnership.--The Secretary shall carry out the 
        training and development of materials pursuant to paragraph (2) 
        in partnership with one or more nonprofit organizations, 
        selected on a competitive basis, that have--
                    ``(A) expertise in conducting a training program 
                for non-Federal Government employees; and
                    ``(B) a demonstrated ability to involve in a 
                training program the target population of commercial 
                motor vehicle safety enforcement employees.'';
            (3) in subsection (f)--
                    (A) in paragraph (1) by striking ``the next fiscal 
                year'' and inserting ``the following 2 fiscal years'';
                    (B) in paragraph (2)--
                            (i) by striking ``section 31102(l)(2)'' and 
                        inserting ``paragraphs (2) and (4) of section 
                        31102(l)'';
                            (ii) by striking ``the next 2 fiscal 
                        years'' and inserting ``the following 3 fiscal 
                        years''; and
                    (C) in paragraph (3) by striking ``the next 4 
                fiscal years'' and inserting ``the following 5 fiscal 
                years''; and
            (4) by adding at the end the following:
    ``(j) Treatment of Reallocations.--Amounts that are obligated and 
subsequently, after the date of enactment of this subsection, released 
back to the Secretary under subsection (i) shall not be subject to 
limitations on obligations provided under any other provision of 
law.''.
    (b) Commercial Driver's License Program Implementation Financial 
Assistance Program.--Section 31313(b) of title 49, United States Code, 
is amended--
            (1) by striking the period at the end and inserting ``; 
        and'';
            (2) by striking ``A recipient'' and inserting the 
        following: ``In participating in financial assistance program 
        under this section--
            ``(1) a recipient''; and
            (3) by adding at the end the following:
            ``(2) a State may not receive more than $250,000 in grants 
        under subsection (a)(2) in any fiscal year--
                    ``(A) in which the State prohibits private 
                commercial driving schools or independent commercial 
                driver's license testing facilities from offering a 
                commercial driver's license skills test as a third-
                party tester; or
                    ``(B) in which a State fails to report to the 
                Administrator of the Federal Motor Carrier Safety 
                Administration, during the previous fiscal year, the 
                average number of days of delays for an initial 
                commercial driver's license skills test or retest 
                within the State.''.

SEC. 4102. MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS.

    (a) In General.--Section 31110 of title 49, United States Code, is 
amended by striking subsection (a) and inserting the following:
    ``(a) Administrative Expenses.--There is authorized to be 
appropriated from the Highway Trust Fund (other than the Mass Transit 
Account) for the Secretary of Transportation to pay administrative 
expenses of the Federal Motor Carrier Safety Administration--
            ``(1) $380,500,000 for fiscal year 2022;
            ``(2) $381,500,000 for fiscal year 2023;
            ``(3) $382,500,000 for fiscal year 2024; and
            ``(4) $384,500,000 for fiscal year 2025.''.
    (b) Administrative Expenses.--
            (1) Use of funds.--The Administrator of the Federal Motor 
        Carrier Safety Administration shall use funds made available in 
        subsection (a) for--
                    (A) acceleration of planned investments to 
                modernize the Administration's information technology 
                and information management systems;
                    (B) completing outstanding mandates;
                    (C) carrying out a Large Truck Crash Causal Factors 
                Study of the Administration;
                    (D) construction and maintenance of border 
                facilities; and
                    (E) other activities authorized under section 
                31110(b) of title 49, United States Code.
            (2) Definition of outstanding mandate.--In this subsection, 
        the term ``outstanding mandate'' means a requirement for the 
        Federal Motor Carrier Safety Administration to issue 
        regulations, undertake a comprehensive review or study, conduct 
        a safety assessment, or collect data--
                    (A) under this Act;
                    (B) under MAP-21 (Public Law 112-141), that has not 
                been published in the Federal Register, if required, or 
                otherwise completed as of the date of enactment of this 
                Act;
                    (C) under the FAST Act (Public Law 114-94), that 
                has not been published in the Federal Register, if 
                required, or otherwise completed as of the date of 
                enactment of this Act; and
                    (D) under any other Act enacted before the date of 
                enactment of this Act that has not been published in 
                the Federal Register by the date required in such Act.

SEC. 4103. IMMOBILIZATION GRANT PROGRAM.

    Section 31102(l) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``and (3)'' and inserting 
        ``, (3), and (4)''; and
            (2) by adding at the end the following:
            ``(4) Immobilization grant program.--
                    ``(A) In general.--The Secretary shall establish an 
                immobilization grant program to make discretionary 
                grants to States for the immobilization or impoundment 
                of passenger-carrying commercial motor vehicles if such 
                vehicles are found to be unsafe or fail inspection.
                    ``(B) Criteria for immobilization.--The Secretary, 
                in consultation with State commercial motor vehicle 
                entities, shall develop a list of commercial motor 
                vehicle safety violations and defects that the 
                Secretary determines warrant the immediate 
                immobilization of a passenger-carrying commercial motor 
                vehicle.
                    ``(C) Eligibility.--A State is only eligible to 
                receive a grant under this paragraph if such State has 
                the authority to require the immobilization or 
                impoundment of a passenger-carrying commercial motor 
                vehicle if such vehicle is found to have a violation or 
                defect included in the list developed under 
                subparagraph (B).
                    ``(D) Use of funds.-- Grant funds provided under 
                this paragraph may be used for--
                            ``(i) the immobilization or impoundment of 
                        passenger-carrying commercial motor vehicles 
                        found to have a violation or defect included in 
                        the list developed under subparagraph (B);
                            ``(ii) safety inspections of such vehicles; 
                        and
                            ``(iii) other activities related to the 
                        activities described in clauses (i) and (ii), 
                        as determined by the Secretary.
                    ``(E) Secretary authorization.--The Secretary is 
                authorized to award a State funding for the costs 
                associated with carrying out an immobilization program 
                with funds made available under section 31104(a)(2).
                    ``(F) Definition of passenger-carrying commercial 
                motor vehicle.--In this paragraph, the term `passenger-
                carrying commercial motor vehicle' has the meaning 
                given the term commercial motor vehicle in section 
                31301.''.

SEC. 4104. OPERATION OF SMALL COMMERCIAL VEHICLES STUDY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall initiate a review of 
the prevalence of, characteristics of, and safe operation of commercial 
vehicles that have a gross vehicle weight rating or gross vehicle 
weight below 10,000 pounds, and are utilized in package delivery of 
goods moving in interstate commerce.
    (b) Independent Research.--If the Secretary decides to enter into a 
contract with a third party to perform the research required under 
subsection (a), the Secretary shall--
            (1) solicit applications from research institutions that 
        conduct objective, fact-based research to conduct the study; 
        and
            (2) ensure that such third party does not have any 
        financial or contractual ties with an entity engaged in 
        interstate commerce utilizing commercial vehicles or commercial 
        motor vehicles.
    (c) Entities Included.--As part of the review, the Secretary shall 
collect information from a cross-section of companies that use fleets 
of such vehicles for package delivery in interstate commerce, including 
companies that--
            (1) directly perform deliveries; use contracted entities to 
        perform work; and
            (2) utilize a combination of direct deliveries and contract 
        entities.
    (d) Evaluation Factors.--The review shall include an evaluation of 
the following:
            (1) Fleet characteristics, including fleet structure, and 
        vehicle miles traveled.
            (2) Fleet management, including scheduling of deliveries 
        and maintenance practices.
            (3) Driver employment characteristics, including the basis 
        of compensation and classification.
            (4) How training, medical fitness, hours on duty, and 
        safety of drivers is evaluated and overseen by companies, 
        including prevention of occupational injuries and illnesses.
            (5) Safety performance metrics, based on data associated 
        with the included entities, including crash rates, moving 
        violations, failed inspections, and other related data points.
            (6) Financial responsibility and liability for safety or 
        maintenance violations among companies, fleet managers, and 
        drivers.
            (7) Loading and unloading practices, and how package 
        placement in the vehicle is determined.
            (8) Other relevant information determined necessary by the 
        Secretary in order to make recommendations under subsection 
        (e).
    (e) Report and Recommendations.--Upon completion of the review, the 
Secretary shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce of the Senate a report containing--
            (1) the findings of the Secretary on each of the factors in 
        (d);
            (2) a list of regulations applicable to commercial motor 
        vehicles and commercial motor vehicle operators that are not 
        applicable to commercial vehicle operations described in this 
        section; and
            (3) recommendations, based on the findings, on changes to 
        laws or regulations at the Federal, State, or local level to 
        promote safe operations and safe and fair working conditions 
        for commercial vehicle operators.

               Subtitle B--Motor Carrier Safety Oversight

SEC. 4201. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.

    Section 4144 of SAFETEA-LU (49 U.S.C. 31100 note) is amended--
            (1) in subsection (b)(1) by inserting ``, including small 
        business motor carriers'' after ``industry''; and
            (2) in subsection (d) by striking ``September 30, 2013'' 
        and inserting ``September 30, 2025''.

SEC. 4202. COMPLIANCE, SAFETY, ACCOUNTABILITY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary of Transportation shall implement a revised 
methodology to be used in the Compliance, Safety, Accountability 
program of the Federal Motor Carrier Safety Administration to identify 
and prioritize motor carriers for intervention, using the 
recommendations of the study required by section 5221(a) of the FAST 
Act (49 U.S.C. 31100 note).
    (b) Data Availability.--The Secretary shall, in working toward 
implementation of the revised methodology described in subsection (a) 
prioritize revisions necessary to--
            (1) restore the public availability of all relevant safety 
        data under a revised methodology; and
            (2) make such safety data publicly available that was made 
        publicly available on the day before the date of enactment of 
        the FAST Act, and make publicly available any safety data that 
        was required to be made available by section 5223 of the FAST 
        Act (49 U.S.C. 31100 note).
    (c) Implementation.--
            (1) Progress reports.--Not later than 30 days after the 
        date of enactment of this Act, and every 90 days thereafter 
        until the date on which the Secretary implements the revised 
        methodology described in subsection (a), the Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate, and make publicly 
        available on a website of the Department of Transportation, a 
        progress report on--
                    (A) the status of the revision of the methodology 
                and related data modifications under subsection (a), a 
                timeline for completion of such revision, and an 
                estimated date for implementation of such revised 
                methodology;
                    (B) an explanation for any delays in development or 
                implementation of the revised methodology over the 
                reporting period; and
                    (C) if the Secretary has not resumed making 
                publicly available the data described in subsection 
                (b), an updated timeline for the restoration of the 
                public availability of data and a detailed explanation 
                for why such restoration has not occurred.
            (2) Publication and notification.--Prior to commencing the 
        use of the revised methodology described in subsection (a) to 
        identify and prioritize motor carriers for intervention (other 
        than in a testing capacity), the Secretary shall--
                    (A) publish a detailed summary of the methodology 
                in the Federal Register and provide a period for public 
                comment; and
                    (B) notify the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, in writing.
    (d) Safety Fitness Rule.--
            (1) Rulemaking.--Not later than 1 year after the date on 
        which the Secretary notifies Congress under subsection (c)(2), 
        the Secretary shall issue final regulations pursuant to section 
        31144(b) of title 49, United States Code, to revise the 
        methodology for issuance of motor carrier safety fitness 
        determinations.
            (2) Considerations.--In issuing the regulations under 
        paragraph (1), the Secretary shall consider the use of all 
        available data to determine the fitness of a motor carrier.
    (e) Repeal.--Section 5223 of the FAST Act (49 U.S.C. 31100 note), 
and the item related to such section in the table of contents in 
section 1(b) of such Act, are repealed.

SEC. 4203. TERMS AND CONDITIONS FOR EXEMPTIONS.

    Section 31315 of title 49, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4)(A) by inserting ``, including 
                data submission requirements,'' after ``terms and 
                conditions''; and
                    (B) by striking paragraph (8) and inserting the 
                following:
            ``(8) Terms and conditions.--
                    ``(A) In general.--The Secretary shall establish 
                terms and conditions for each exemption to ensure that 
                the exemption will not likely degrade the level of 
                safety achieved by the person or class of persons 
                granted the exemption, and allow the Secretary to 
                evaluate whether an equivalent level of safety is 
                maintained while the person or class of persons is 
                operating under such exemption, including--
                            ``(i) requiring the regular submission of 
                        accident and incident data to the Secretary;
                            ``(ii) requiring immediate notification to 
                        the Secretary in the event of a crash that 
                        results in a fatality or serious bodily injury;
                            ``(iii) for exemptions granted by the 
                        Secretary related to hours of service rules 
                        under part 395 of title 49, Code of Federal 
                        Regulations, requiring that the exempt person 
                        or class of persons submit to the Secretary 
                        evidence of participation in a recognized 
                        fatigue management plan; and
                            ``(iv) providing documentation of the 
                        authority to operate under the exemption to 
                        each exempt person, to be used to demonstrate 
                        compliance if requested by a motor carrier 
                        safety enforcement officer during a roadside 
                        inspection.
                    ``(B) Implementation.--The Secretary shall monitor 
                the implementation of the exemption to ensure 
                compliance with its terms and conditions.''; and
            (2) in subsection (e) by inserting ``, based on an analysis 
        of data collected by the Secretary and submitted to the 
        Secretary under subsection (b)(8)'' after ``safety''.

SEC. 4204. SAFETY FITNESS OF MOTOR CARRIERS OF PASSENGERS.

    Section 31144(i) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A) by striking ``who the 
                Secretary registers under section 13902 or 31134''; and
                    (B) in subparagraph (B) by inserting ``to motor 
                carriers of passengers and'' after ``apply''; and
            (2) by adding at the end the following:
            ``(5) Motor carrier of passengers defined.--In this 
        subsection, the term `motor carrier of passengers' includes an 
        offeror of motorcoach services that sells scheduled 
        transportation of passengers for compensation at fares and on 
        schedules and routes determined by such offeror, regardless of 
        ownership or control of the vehicles or drivers used to provide 
        the transportation by motorcoach.''.

SEC. 4205. PROVIDERS OF RECREATIONAL ACTIVITIES.

    Section 13506(b) of title 49, United States Code, is amended--
            (1) in paragraph (2) by striking ``or'' at the end;
            (2) in paragraph (3) by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) transportation by a motor vehicle designed or used to 
        transport between 9 and 15 passengers (including the driver), 
        whether operated alone or with a trailer attached for the 
        transport of recreational equipment, that is operated by a 
        person that provides recreational activities if--
                    ``(A) the transportation is provided within a 150 
                air-mile radius of the location where passengers are 
                boarded; and
                    ``(B) the person operating the motor vehicle, if 
                transporting passengers over a route between a place in 
                a State and a place in another State, is otherwise 
                lawfully providing transportation of passengers over 
                the entire route in accordance with applicable State 
                law.''.

SEC. 4206. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF 
              HOUSEHOLD GOODS IN INTERSTATE COMMERCE.

    (a) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the 
        Federal Motor Carrier Safety Administration.
            (2) Covered carrier.--The term ``covered carrier'' means a 
        motor carrier that is--
                    (A) engaged in the interstate transportation of 
                household goods; and
                    (B) subject to the requirements of part 375 of 
                title 49, Code of Federal Regulations (as in effect on 
                the effective date of the amendments required by 
                subsection (b)).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Amendments to Regulations.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall issue a notice of 
proposed rulemaking to amend regulations related to the interstate 
transportation of household goods.
    (c) Considerations.--In issuing the notice of proposed rulemaking 
under subsection (b), the Secretary shall consider the following 
recommended amendments to provisions of title 49, Code of Federal 
Regulations:
            (1) Section 375.207(b) to require each covered carrier to 
        include on the website of the covered carrier a link--
                    (A) to the publication of the Administration titled 
                ``Ready to Move-Tips for a Successful Interstate Move'' 
                (ESA 03005) on the website of the Administration; or
                    (B) to a copy of the publication referred to in 
                subparagraph (A) on the website of the covered carrier.
            (2) Subsections (a) and (b)(1) of section 375.213 to 
        require each covered carrier to provide to each individual 
        shipper, with any written estimate provided to the shipper, a 
        copy of the publication described in appendix A of part 375 of 
        such title, entitled ``Your Rights and Responsibilities When 
        You Move'' (ESA-03-006 (or a successor publication)), in the 
        form of a written copy or a hyperlink on the website of the 
        covered carrier to the location on the website of the 
        Administration containing such publication.
            (3) Subsection (e) of section 375.213, to repeal such 
        subsection.
            (4) Section 375.401(a), to require each covered carrier--
                    (A) to conduct a visual survey of the household 
                goods to be transported by the covered carrier--
                            (i) in person; or
                            (ii) virtually, using--
                                    (I) a remote camera; or
                                    (II) another appropriate 
                                technology;
                    (B) to offer a visual survey described in 
                subparagraph (A) for all household goods shipments, 
                regardless of the distance between--
                            (i) the location of the household goods; 
                        and
                            (ii) the location of the agent of the 
                        covered carrier preparing the estimate; and
                    (C) to provide to each shipper a copy of 
                publication of the Administration titled ``Ready to 
                Move-Tips for a Successful Interstate Move'' (ESA 
                03005) on receipt from the shipper of a request to 
                schedule, or a waiver of, a visual survey offered under 
                subparagraph (B).
            (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and 
        375.405(b)(7)(ii), and subpart D of appendix A of part 375, to 
        require that, in any case in which a shipper tenders any 
        additional item or requests any additional service prior to 
        loading a shipment, the affected covered carrier shall--
                    (A) prepare a new estimate; and
                    (B) maintain a record of the date, time, and manner 
                in which the new estimate was accepted by the shipper.
            (6) Section 375.501(a), to establish that a covered carrier 
        is not required to provide to a shipper an order for service if 
        the covered carrier elects to provide the information described 
        in paragraphs (1) through (15) of such section in a bill of 
        lading that is presented to the shipper before the covered 
        carrier receives the shipment.
            (7) Subpart H of part 375, to replace the replace the terms 
        ``freight bill'' and ``expense bill'' with the term 
        ``invoice''.

           Subtitle C--Commercial Motor Vehicle Driver Safety

SEC. 4301. COMMERCIAL DRIVER'S LICENSE FOR PASSENGER CARRIERS.

    Section 31301(4)(B) of title 49, United States Code, is amended to 
read as follows:
                    ``(B) is designed or used to transport--
                            ``(i) more than 8 passengers (including the 
                        driver) for compensation; or
                            ``(ii) more than 15 passengers (including 
                        the driver), whether or not the transportation 
                        is provided for compensation; or''.

SEC. 4302. ALCOHOL AND CONTROLLED SUBSTANCES TESTING.

    Section 31306(c)(2) of title 49, United States Code, is amended by 
striking ``, for urine testing,''.

SEC. 4303. ENTRY-LEVEL DRIVER TRAINING.

    Not later than January 1, 2021, and every 90 days thereafter until 
the compliance date for the final rule published on December 8, 2016, 
titled ``Minimum Training Requirements for Entry-Level Commercial Motor 
Vehicle Operators'' (81 Fed. Reg. 88732), the Secretary shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on--
            (1) a schedule, including benchmarks, to complete 
        implementation of the requirements under such final rule;
            (2) any anticipated delays, if applicable, in meeting the 
        benchmarks described in paragraph (1);
            (3) the progress that the Secretary has made in updating 
        the Department of Transportation's information technology 
        infrastructure to support the training provider registry;
            (4) a list of States that have adopted laws or regulations 
        to implement such final rule; and
            (5) a list of States, if applicable, that are implementing 
        the rule and confirming that an applicant for a commercial 
        driver's license has complied with the requirements.

SEC. 4304. DRIVER DETENTION TIME.

    (a) Data Collection.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall--
            (1) begin to collect data on delays experienced by 
        operators of commercial motor vehicles, as required under 
        section 5501 of the FAST Act (49 U.S.C. 14103 note) and as 
        referenced in the request for information published on June 10, 
        2019, titled ``Request for Information Concerning Commercial 
        Motor Vehicle Driver Detention Times During Loading and 
        Unloading'' (84 Fed. Reg. 26932); and
            (2) make such data available on a publicly accessible 
        website of the Department of Transportation.
    (b) Detention Time Limits.--
            (1) Rulemaking.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall initiate a 
        rulemaking to establish limits on the amount of time that an 
        operator of a commercial motor vehicle may be reasonably 
        detained by a shipper or receiver before the loading or 
        unloading of the vehicle, if the operator is not compensated 
        for such time detained.
            (2) Contents.--As part of the rulemaking conducted pursuant 
        to subsection (a), the Secretary shall--
                    (A) consider the diverse nature of operations in 
                the movement of goods by commercial motor vehicle;
                    (B) examine any correlation between time detained 
                and violations of the hours-of-service rules under part 
                395 of title 49, Code of Federal Regulations;
                    (C) determine whether the effect of detention time 
                on safety differs based on--
                            (i) how an operator is compensated; and
                            (ii) the contractual relationship between 
                        the operator and the motor carrier, including 
                        whether an operator is an employee, a leased 
                        owner-operator, or an owner-operator with 
                        independent authority; and
                    (D) establish a process for a motor carrier, 
                shipper, receiver, broker, or commercial motor vehicle 
                operator to report instances of time detained beyond 
                the Secretary's established limits.
            (3) Incorporation of information.--The Secretary shall 
        incorporate information received under paragraph (2)(D) into 
        the process established pursuant to subsection (a) once a final 
        rule takes effect.
    (c) Data Protection.--Data made available pursuant to this section 
shall be made available in a manner that--
            (1) precludes the connection of the data to any individual 
        motor carrier or commercial motor vehicle operator; and
            (2) protects privacy and confidentiality of individuals, 
        operators, and motor carriers submitting the data.
    (d) Commercial Motor Vehicle Defined.--In this section, the term 
``commercial motor vehicle'' has the meaning given such term in section 
31101 of title 49, United States Code.

SEC. 4305. TRUCK LEASING TASK FORCE.

    (a) Establishment.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation, in consultation 
with the Secretary of Labor, shall establish a Truck Leasing Task Force 
(hereinafter referred to as the ``Task Force'').
    (b) Membership.--The Secretary of Transportation shall select not 
more than 15 individuals to serve as members of the Task Force, 
including equal representation from each of the following:
            (1) Labor organizations.
            (2) The motor carrier industry, including independent 
        owner-operators.
            (3) Consumer protection groups.
            (4) Safety groups.
            (5) Members of the legal profession who specialize in 
        consumer finance issues.
    (c) Duties.--The Task Force shall examine, at a minimum--
            (1) common truck leasing arrangements available to 
        commercial motor vehicle drivers, including lease-purchase 
        agreements;
            (2) the terms of such leasing agreements;
            (3) the prevalence of predatory leasing agreements in the 
        motor carrier industry;
            (4) specific agreements available to drayage drivers at 
        ports related to the Clean Truck Program or similar programs to 
        decrease emissions from port operations;
            (5) the impact of truck leasing agreements on the net 
        compensation of commercial motor vehicle drivers, including 
        port drayage drivers;
            (6) resources to assist commercial motor vehicle drivers in 
        assessing the impacts of leasing agreements; and
            (7) the classification of commercial motor vehicle drivers 
        under lease-purchase agreements.
    (d) Compensation.--A member of the Task Force shall serve without 
compensation.
    (e) Report.--Upon completion of the examination described in 
subsection (c), the Task Force shall submit to the Secretary of 
Transportation, Secretary of Labor, and appropriate congressional 
committees a report containing--
            (1) the findings of the Task Force on the matters described 
        in subsection (c);
            (2) best practices related to--
                    (A) assisting a commercial motor vehicle driver in 
                assessing the impacts of leasing agreements prior to 
                entering into such agreements; and
                    (B) assisting a commercial motor vehicle driver who 
                has entered into a predatory lease agreement; and
            (3) recommendations on changes to laws or regulations, as 
        applicable, at the Federal, State, or local level to promote 
        fair leasing agreements under which a commercial motor vehicle 
        driver is able to earn a living wage.
    (f) Termination.--Not later than 1 month after the date of 
submission of the report pursuant to subsection (e), the Task Force 
shall terminate.

SEC. 4306. HOURS OF SERVICE.

    (a) Authority To Issue Regulations.--Notwithstanding the authority 
of the Secretary of Transportation to issue regulations under section 
31502 of title 49, United States Code, the Secretary shall delay the 
effective date of the final rule published on June 1, 2020, titled 
``Hours of Service of Drivers'' (85 Fed. Reg. 33396) until 60 days 
after the date on which the Secretary submits the report required under 
subsection (d).
    (b) Comprehensive Review.--
            (1) Comprehensive review of hours of service rules.--Not 
        later than 60 days after the date of enactment of this Act, the 
        Secretary shall initiate a comprehensive review of hours of 
        service rules and the impacts of waivers, exemptions, and other 
        allowances that limit the applicability of such rules.
            (2) List of exemptions.--In carrying out the comprehensive 
        review required under paragraph (1), the Secretary shall--
                    (A) compile a list of waivers, exemptions, and 
                other allowances--
                            (i) under which a driver may operate in 
                        excess of the otherwise applicable limits on 
                        on-duty or driving time in absence of such 
                        exemption, waiver, or other allowance;
                            (ii) under which a driver may operate 
                        without recording compliance with hours of 
                        service rules through the use of an electronic 
                        logging device; and
                            (iii) applicable--
                                    (I) to specific segments of the 
                                motor carrier industry or sectors of 
                                the economy;
                                    (II) on a periodic or seasonal 
                                basis; and
                                    (III) to specific types of 
                                operations, including the short haul 
                                exemption under part 395 of title 49, 
                                Code of Federal Regulations;
                    (B) specify whether each such waiver, exemption, or 
                other allowance was granted by the Department of 
                Transportation or enacted by Congress, and how long 
                such waiver, exemption, or other allowance has been in 
                effect; and
                    (C) estimate the number of motor carriers, motor 
                private carriers, and drivers that may qualify to use 
                each waiver, exemption, or other allowance.
            (3) Safety impact analysis.--
                    (A) In general.--In carrying out the comprehensive 
                review under paragraph (1), the Secretary, in 
                consultation with State motor carrier enforcement 
                entities, shall undertake a statistically valid 
                analysis to determine the safety impact, including on 
                enforcement, of the exemptions, waivers, or other 
                allowances compiled under paragraph (2) by--
                            (i) using available data, or collecting 
                        from motor carriers or motor private carriers 
                        and drivers operating under an exemption, 
                        waiver, or other allowance if the Secretary 
                        does not have sufficient data, to determine the 
                        incidence of accidents, fatigue-related 
                        incidents, and other relevant safety 
                        information related to hours of service among 
                        motor carriers, private motor carriers, and 
                        drivers permitted to operate under each 
                        exemption, waiver, or other allowance;
                            (ii) comparing the data described in 
                        subparagraph (A) to safety data from motor 
                        carriers, motor private carriers, and drivers 
                        that are subject to the hours of service rules 
                        and not operating under an exemption, waiver, 
                        or other allowance; and
                            (iii) based on the comparison under 
                        subparagraph (B), determining whether waivers, 
                        exemptions, and other allowances in effect 
                        provide an equivalent level of safety as would 
                        exist in the absence of exemptions, waivers, or 
                        other allowances.
                    (B) Consultation.--The Secretary shall consult with 
                State motor carrier enforcement entities in carrying 
                out this paragraph.
                    (C) Exclusions.--The Secretary shall exclude data 
                related to exemptions, waivers, or other allowances 
                made pursuant to an emergency declaration under section 
                390.23 of title 49, Code of Federal Regulations, or 
                extended under section 390.25 of title 49, Code of 
                Federal Regulations, from the analysis required under 
                this paragraph.
            (4) Driver impact analysis.--In carrying out the 
        comprehensive review under paragraph (1), the Secretary shall 
        further consider--
                    (A) data on driver detention collected by the 
                Secretary pursuant to section 4304 of this Act and 
                other conditions affecting the movement of goods by 
                commercial motor vehicle, and how such conditions 
                interact with the Secretary's regulations on hours of 
                service;
                    (B) whether exemptions, waivers, or other 
                allowances that permit additional on-duty time or 
                driving time have a deleterious effect on the physical 
                condition of drivers; and
                    (C) whether differences in the manner in which 
                drivers are compensated result in different levels of 
                burden for drivers in complying with hours of service 
                rules.
    (c) Peer Review.--Prior to the publication of the review required 
under subsection (d), the analyses performed by the Secretary shall 
undergo an independent peer review.
    (d) Publication.--Not later than 18 months after the date that the 
Secretary initiates the comprehensive review under subsection (b)(1), 
the Secretary shall publish the findings of such review in the Federal 
Register and provide for a period for public comment.
    (e) Report to Congress.--Not later than 30 days after the 
conclusion of the public comment period under subsection (d), the 
Secretary shall submit to the Committee on Commerce, Science, and 
Transportation and the Committee on Environment and Public Works of the 
Senate and the Committee on Transportation and Infrastructure of the 
House of Representatives and make publicly available on a website of 
the Department of Transportation a report containing the information 
and analyses required under subsection (b).
    (f) Replacement of Guidance.--Notwithstanding subsection (a), the 
Secretary shall replace the Department of Transportation guidance 
published on June 7, 2018, titled ``Hours of Service of Drivers of 
Commercial Motor Vehicles: Regulatory Guidance Concerning the Use of a 
Commercial Motor Vehicle for Personal Conveyance'' (83 Fed. Reg. 26377) 
with specific mileage or time limits, or both, for the use of personal 
conveyance established through a rulemaking.
    (g) Definitions.--In this section:
            (1) Motor carrier; motor private carrier.--The terms 
        ``motor carrier'' and ``motor private carrier'' have the 
        meanings given such terms in section 31501 of title 49, United 
        States Code.
            (2) On-duty time; driving time; electronic logging 
        device.--The terms ``on-duty time'', ``driving time'', and 
        ``electronic logging device'' have the meanings given such 
        terms in section 395.2 of title 49, Code of Federal Regulations 
        (as in effect on June 1, 2020).

SEC. 4307. DRIVER RECRUITMENT.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the inspector general of the Department of Transportation 
shall submit to the Committee on Transportation and Infrastructure of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report examining the operation of 
commercial motor vehicles in the United States by drivers admitted to 
the United States under temporary business visas.
    (b) Contents.--The report under paragraph (1) shall include--
            (1) an assessment of--
                    (A) the prevalence of the operation of commercial 
                motor vehicles in the United States by drivers admitted 
                to the United States under temporary business visas;
                    (B) the characteristics of motor carriers that 
                recruit and use such drivers, including the country of 
                domicile of the motor carrier or subsidiary;
                    (C) the demographics of drivers operating in the 
                United States under such visas, including the country 
                of domicile of such drivers; and
                    (D) the contractual relationship between such motor 
                carriers and such drivers;
            (2) an analysis of whether such drivers are required to 
        comply with--
                    (A) motor carrier safety regulations under 
                subchapter B of chapter III of title 49, Code of 
                Federal Regulations, including--
                            (i) the English proficiency requirement 
                        under section 391.11(2) of title 49, Code of 
                        Federal Regulations;
                            (ii) the requirement for drivers of a motor 
                        carrier to report any violations of a 
                        regulation to such motor carrier under section 
                        391.27 of title 49, Code of Federal 
                        Regulations; and
                            (iii) driver's licensing requirements under 
                        part 383 of title 49, Code of Federal 
                        Regulations, including entry-level driver 
                        training and drug and alcohol testing under 
                        part 382 of such title; and
                    (B) regulations prohibiting point-to-point 
                transportation in the United States, or cabotage, under 
                part 365 of title 49, Code of Federal Regulations;
            (3) an evaluation of the safety record of the operations 
        and drivers described in paragraph (1), including--
                    (A) violations of the motor carrier safety 
                regulations under subchapter B of chapter III of title 
                49, Code of Federal Regulations, including applicable 
                requirements described in paragraph (2)(A); and
                    (B) the number of crashes involving such operations 
                and drivers; and
            (4) the impact of such operations and drivers on--
                    (A) commercial motor vehicle drivers domiciled in 
                the United States, including employment levels and 
                driver compensation of such drivers; and
                    (B) the competitiveness of motor carriers domiciled 
                in the United States.
    (c) Definitions.--In this section:
            (1) Commercial motor vehicle.--In this section, the term 
        ``commercial motor vehicle'' has the meaning given such term in 
        section 31101 of title 49, United States Code.
            (2) Temporary business visa.--The term ``temporary business 
        visa'' means any driver who is present in the United States 
        with status under section 101(a)(15)(H)(i)(b) of the 
        Immigration and Nationality Act (8 U.S.C. 
        1101(a)(15)(H)(i)(b)).

SEC. 4308. SCREENING FOR OBSTRUCTIVE SLEEP APNEA.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation shall--
            (1) assess the risk posed by untreated obstructive sleep 
        apnea in drivers of commercial motor vehicles and the 
        feasibility, benefits, and costs associated with establishing 
        screening criteria for obstructive sleep apnea in drivers of 
        commercial motor vehicles;
            (2) issue a notice in the Federal Register containing the 
        independently peer-reviewed findings of the assessment required 
        under paragraph (1) not later than 30 days after completion of 
        the assessment and provide an opportunity for public comment; 
        and
            (3) if the Secretary contracts with an independent third 
        party to conduct the assessment required under paragraph (1), 
        ensure that the independent third party shall not have any 
        financial or contractual ties or relationship with a motor 
        carrier that transports passengers or property for 
        compensation, the motor carrier industry, or driver advocacy 
        organizations.
    (b) Screening Criteria.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register a proposed rule to establish screening 
        criteria for obstructive sleep apnea in commercial motor 
        vehicle drivers and provide an opportunity for public comment.
            (2) Final rule.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall issue a final rule 
        to establish screening criteria for obstructive sleep apnea in 
        commercial motor vehicle drivers.
    (c) Definitions.--In this section:
            (1) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31132 of 
        title 49, United States Code.
            (2) Motor carrier.--The term ``motor carrier'' has the 
        meaning given such term in section 13102 of title 49, United 
        States Code.

SEC. 4309. WOMEN OF TRUCKING ADVISORY BOARD.

    (a) Short Title.--This section may be cited as the ``Promoting 
Women in Trucking Workforce Act''.
    (b) Findings.--Congress finds that--
            (1) women make up 47 percent of the workforce of the United 
        States;
            (2) women are significantly underrepresented in the 
        trucking industry, holding only 24 percent of all 
        transportation and warehousing jobs and representing only--
                    (A) 6.6 percent of truck drivers;
                    (B) 12.5 percent of all workers in truck 
                transportation; and
                    (C) 8 percent of freight firm owners;
            (3) given the total number of women truck drivers, women 
        are underrepresented in the truck-driving workforce; and
            (4) women truck drivers have been shown to be 20 percent 
        less likely than male counterparts to be involved in a crash.
    (c) Sense of Congress Regarding Women in Trucking.--It is the sense 
of Congress that the trucking industry should explore every 
opportunity, including driver training and mentorship programs, to 
encourage and support the pursuit of careers in trucking by women.
    (d) Establishment.--To encourage women to enter the field of 
trucking, the Administrator shall establish and facilitate an advisory 
board, to be known as the ``Women of Trucking Advisory Board'', to 
promote organizations and programs that--
            (1) provide education, training, mentorship, or outreach to 
        women in the trucking industry; and
            (2) recruit women into the trucking industry.
    (e) Membership.--
            (1) In general.--The Board shall be composed of not fewer 
        than seven members whose backgrounds allow those members to 
        contribute balanced points of view and diverse ideas regarding 
        the strategies and objectives described in subsection (f)(2).
            (2) Appointment.--Not later than 270 days after the date of 
        enactment of this Act, the Administrator shall appoint the 
        members of the Board, of whom--
                    (A) not fewer than one shall be a representative of 
                large trucking companies;
                    (B) not fewer than one shall be a representative of 
                mid-sized trucking companies;
                    (C) not fewer than one shall be a representative of 
                small trucking companies;
                    (D) not fewer than one shall be a representative of 
                nonprofit organizations in the trucking industry;
                    (E) not fewer than one shall be a representative of 
                trucking business associations;
                    (F) not fewer than one shall be a representative of 
                independent owner-operators; and
                    (G) not fewer than one shall be a woman who is a 
                professional truck driver.
            (3) Terms.--Each member shall be appointed for the life of 
        the Board.
            (4) Compensation.--A member of the Board shall serve 
        without compensation.
    (f) Duties.--
            (1) In general.--The Board shall identify--
                    (A) industry trends that directly or indirectly 
                discourage women from pursuing careers in trucking, 
                including--
                            (i) any differences between women minority 
                        groups;
                            (ii) any differences between women who live 
                        in rural, suburban, and urban areas; and
                            (iii) any safety risks unique to the 
                        trucking industry;
                    (B) ways in which the functions of trucking 
                companies, nonprofit organizations, and trucking 
                associations may be coordinated to facilitate support 
                for women pursuing careers in trucking;
                    (C) opportunities to expand existing opportunities 
                for women in the trucking industry; and
                    (D) opportunities to enhance trucking training, 
                mentorship, education, and outreach programs that are 
                exclusive to women.
            (2) Report.--Not later than 18 months after the date of 
        enactment of this Act, the Board shall submit to the 
        Administrator a report describing strategies that the 
        Administrator may adopt--
                    (A) to address any industry trends identified under 
                paragraph (1)(A);
                    (B) to coordinate the functions of trucking 
                companies, nonprofit organizations, and trucking 
                associations in a manner that facilitates support for 
                women pursuing careers in trucking;
                    (C) to--
                            (i) take advantage of any opportunities 
                        identified under paragraph (1)(C); and
                            (ii) create new opportunities to expand 
                        existing scholarship opportunities for women in 
                        the trucking industry; and
                    (D) to enhance trucking training, mentorship, 
                education, and outreach programs that are exclusive to 
                women.
    (g) Report to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall submit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Transportation and Infrastructure 
        of the House of Representatives a report describing--
                    (A) any strategies recommended by the Board under 
                subsection (f)(2); and
                    (B) any actions taken by the Administrator to adopt 
                the strategies recommended by the Board (or an 
                explanation of the reasons for not adopting the 
                strategies).
            (2) Public availability.--The Administrator shall make the 
        report under paragraph (1) publicly available--
                    (A) on the website of the Federal Motor Carrier 
                Safety Administration; and
                    (B) in appropriate offices of the Federal Motor 
                Carrier Safety Administration.
    (h) Termination.--The Board shall terminate on submission of the 
report to Congress under subsection (g).
    (i) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Motor Carrier Safety 
        Administration.
            (2) Board.--The term ``Board'' means the Women of Trucking 
        Advisory Board established under subsection (d).
            (3) Large trucking company.--The term ``large trucking 
        company'' means a motor carrier (as defined in section 13102 of 
        title 49, United States Code) with an annual revenue greater 
        than $1,000,000,000.
            (4) Mid-sized trucking company.--The term ``mid-sized 
        trucking company'' means a motor carrier (as defined in section 
        13102 of title 49, United States Code) with an annual revenue 
        of not less than $35,000,000 and not greater than 
        $1,000,000,000.
            (5) Small trucking company.--The term ``small trucking 
        company'' means a motor carrier (as defined in section 13102 of 
        title 49, United States Code) with an annual revenue less than 
        $35,000,000.

SEC. 4310. APPLICATION OF COMMERCIAL MOTOR VEHICLE SAFETY.

    (a) Definition.--Section 31301(14) of title 49, United States Code, 
is amended--
            (1) by striking ``and'' and inserting a comma; and
            (2) by inserting ``, and Puerto Rico'' before the period.
    (b) Implementation.--The Administrator of the Federal Motor Carrier 
Safety Administration shall work with the Commonwealth of Puerto Rico 
on obtaining full compliance with chapter 313 of title 49, United 
States Code, and regulations adopted under that chapter.
    (c) Grace Period.--Notwithstanding section 31311(a) of title 49, 
United States Code, during a 5-year period beginning on the date of 
enactment of this Act, the Commonwealth of Puerto Rico shall not be 
subject to a withholding of an apportionment of funds under paragraphs 
(1) and (2) of section 104(b) of title 23, United States Code, for 
failure to comply with any requirement under section 31311(a) of title 
49, United States Code.

       Subtitle D--Commercial Motor Vehicle and Schoolbus Safety

SEC. 4401. SCHOOLBUS SAFETY STANDARDS.

    (a) Schoolbus Seatbelts.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall issue a notice of 
        proposed rulemaking to consider requiring large schoolbuses to 
        be equipped with safety belts for all seating positions, if the 
        Secretary determines that such standards meet the requirements 
        and considerations set forth in subsections (a) and (b) of 
        section 30111 of title 49, United States Code.
            (2) Considerations.--In issuing a notice of proposed 
        rulemaking under paragraph (1), the Secretary shall consider--
                    (A) the safety benefits of a lap/shoulder belt 
                system (also known as a Type 2 seatbelt assembly);
                    (B) the recommendations of the National 
                Transportation Safety Board on seatbelts in 
                schoolbuses;
                    (C) existing experience, including analysis of 
                student injuries and fatalities compared to States 
                without seat belt laws, and seat belt usage rates, from 
                States that require schoolbuses to be equipped with 
                seatbelts, including Type 2 seatbelt assembly;
                    (D) the impact of lap/shoulder belt systems on 
                emergency evacuations, with a focus on emergency 
                evacuations involving students below the age of 14, and 
                emergency evacuations necessitated by fire or water 
                submersion; and
                    (E) the impact of lap/shoulder belt systems on the 
                overall availability of schoolbus transportation.
            (3) Report.--If the Secretary determines that a standard 
        described in paragraph (1) does not meet the requirements and 
        considerations set forth in subsections (a) and (b) of section 
        30111 of title 49, United States Code, the Secretary shall 
        submit to the Committee on Transportation and Infrastructure of 
        the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        describes the reasons for not prescribing such a standard.
            (4) Application of regulations.--Any regulation issued 
        based on the notice of proposed rulemaking described in 
        paragraph (1) shall apply to schoolbuses manufactured more than 
        3 years after the date on which the regulation takes effect.
    (b) Automatic Emergency Braking.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall--
            (1) prescribe a motor vehicle safety standard under section 
        30111 of title 49, United States Code, that requires all 
        schoolbuses manufactured after the effective date of such 
        standard to be equipped with an automatic emergency braking 
        system; and
            (2) as part of such standard, establish performance 
        requirements for automatic emergency braking systems, including 
        operation of such systems.
    (c) Electronic Stability Control.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall--
            (1) prescribe a motor vehicle safety standard under section 
        30111 of title 49, United States Code, that requires all 
        schoolbuses manufactured after the effective date of such 
        standard to be equipped with an electronic stability control 
        system (as such term is defined in section 571.136 of title 49, 
        Code of Federal Regulations (as in effect on the date of 
        enactment of this Act)); and
            (2) as part of such standard, establish performance 
        requirements for electronic stability control systems, 
        including operation of such systems.
    (d) Fire Prevention and Mitigation.--
            (1) Research and testing.--The Secretary shall conduct 
        research and testing to determine the most prevalent causes of 
        schoolbus fires and the best methods to prevent such fires and 
        to mitigate the effect of such fires, both inside and outside 
        the schoolbus. Such research and testing shall consider--
                    (A) fire suppression systems standards, which at a 
                minimum prevent engine fires;
                    (B) firewall standards to prevent gas or flames 
                from entering into the passenger compartment in 
                schoolbuses with engines that extend beyond the 
                firewall; and
                    (C) interior flammability and smoke emissions 
                characteristics standards.
            (2) Standards.--The Secretary may issue fire prevention and 
        mitigation standards for schoolbuses, based on the results of 
        the Secretary's research and testing under paragraph (1), if 
        the Secretary determines that such standards meet the 
        requirements and considerations set forth in subsections (a) 
        and (b) of section 30111 of title 49, United States Code.
    (e) School Bus Temperature Safety Study and Report.--Not later than 
1 year after the date of enactment of this Act, the Secretary shall 
study and issue a report on the safety implications of temperature 
controls in school buses. The study and report shall include--
            (1) an analysis of the internal temperature in school buses 
        without air condition in weather between 80 and 110 degrees 
        Fahrenheit;
            (2) the collection and analysis of data on temperature-
        related injuries to students, including heatstroke and 
        dehydration;
            (3) the collection of data on how many public school 
        districts currently operate buses without air conditioning; and
            (4) recommendations for preventing heat related illnesses 
        for children on school buses.
    (f) Definitions.--In this section:
            (1) Automatic emergency braking.--The term ``automatic 
        emergency braking'' means a crash avoidance system installed 
        and operational in a vehicle that consists of--
                    (A) a forward warning function--
                            (i) to detect vehicles and objects ahead of 
                        the vehicle; and
                            (ii) to alert the operator of an impending 
                        collision; and
                    (B) a crash-imminent braking function to provide 
                automatic braking when forward-looking sensors of the 
                vehicle indicate that--
                            (i) a crash is imminent; and
                            (ii) the operator of the vehicle is not 
                        applying the brakes.
            (2) Large schoolbus.--The term ``large schoolbus'' means a 
        schoolbus with a gross vehicle weight rating of more than 
        10,000 pounds.
            (3) Schoolbus.--The term ``schoolbus'' has the meaning 
        given such term in section 30125(a) of title 49, United States 
        Code.

SEC. 4402. ILLEGAL PASSING OF SCHOOLBUSES.

    (a) Review of Illegal Passing Laws.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary of Transportation shall--
                    (A) prepare a compilation of illegal passing laws 
                in all States, including levels of enforcement and 
                penalties and enforcement issues with such laws and the 
                impact of such laws on illegal passing of schoolbuses 
                in each State;
                    (B) review existing State laws that may inhibit 
                effective schoolbus loading zone countermeasures, which 
                may include laws requiring camera visibility of a 
                driver's face for enforcement action, laws that may 
                reduce stop-arm camera effectiveness, the need for an 
                officer to witness the event for enforcement, and the 
                lack of primary enforcement for texting and driving;
                    (C) evaluate methods used by States to review, 
                document, and report to law enforcement schoolbus stop-
                arm violations; and
                    (D) following the completion of the compilation, 
                issue recommendations on best practices on the most 
                effective approaches to address illegal passing of 
                schoolbuses.
            (2) Publication.--The compilation and recommendations 
        prepared under paragraph (1) shall be made publicly available 
        on the website of the Department of Transportation.
    (b) Public Safety Messaging Campaign.--
            (1) In general.--Not later than 1 year after the date on 
        which the Secretary makes the compilation and recommendations 
        under subsection (a)(2) publicly available, the Secretary shall 
        create and execute a public safety messaging campaign for 
        distribution to States, divisions of motor vehicles, schools, 
        and other public outlets to highlight the dangers of the 
        illegal passing of schoolbuses, and should include educating 
        students and the public on safe loading and unloading of 
        schoolbuses.
            (2) Consultation.--The Secretary shall consult with public 
        and private schoolbus industry representatives and States in 
        developing the campaign materials.
            (3) Update.--The Secretary shall periodically update such 
        materials.
    (c) Review of Technologies.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall review and evaluate 
        the effectiveness of various technologies to enhance schoolbus 
        safety, including cameras, audible warning systems, enhanced 
        lighting, and other technological solutions.
            (2) Content.--The review under paragraph (1)--
                    (A) shall include an evaluation of the costs of new 
                equipment and the potential impact on overall schoolbus 
                ridership;
                    (B) shall include an evaluation of advanced 
                technologies surrounding loading zone safety;
                    (C) shall include an evaluation of motion-activated 
                detection systems that are capable of--
                            (i) detecting pedestrians, bicyclists, and 
                        other road users located near the exterior of 
                        the schoolbus; and
                            (ii) alerting the operator of the schoolbus 
                        of the road users described in clause (i);
                    (D) shall include an evaluation of schoolbus 
                lighting systems, to ensure clear communication to 
                surrounding drivers on their appropriate action; and
                    (E) may include other technological solutions that 
                enhance schoolbus safety.
            (3) Consultation.--The Secretary shall consult with 
        manufacturers of schoolbus vehicles, manufacturers of various 
        technologies, and school bus industry representatives in 
        conducting the review under paragraph (1).
            (4) Publication.--The Secretary shall make the findings of 
        the review under paragraph (1) publicly available on the 
        website of the Department.
    (d) Review of Driver Education Materials.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall--
                    (A) review driver education materials across all 
                States to determine whether and how illegal passing of 
                schoolbuses is addressed in driver education materials, 
                manuals, non-commercial driver's license testing, and 
                road tests; and
                    (B) make recommendations on how States can improve 
                education about illegal passing of schoolbuses, 
                particularly with new drivers.
            (2) Consultation.--The Secretary shall consult with 
        schoolbus industry representatives, States, motor vehicle 
        administrators, and other appropriate motor vehicle experts in 
        the preparation of the review under paragraph (1).
            (3) Publication.--The Secretary shall make the findings of 
        the review under paragraph (1) publicly available on the 
        website of the Department.
    (e) Review of Other Safety Issues.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall--
                    (A) research the connections between illegal 
                passing of schoolbuses and other safety issues, 
                including distracted driving, morning darkness, poor 
                visibility, illumination and reach of vehicle 
                headlights, speed limits, and schoolbus stop locations 
                in rural areas; and
                    (B) create a report containing the findings.
            (2) Publication.--The Secretary shall make the report 
        created under paragraph (1)(B) publicly available on the 
        website of the Department.

SEC. 4403. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR 
              VEHICLES.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Secretary of Transportation shall issue a final rule 
based on the advance notice of proposed rulemaking published on April 
27, 2016, titled ``State Inspection Programs for Passenger-Carrier 
Vehicles'' (81 Fed. Reg. 24769).
    (b) Considerations.--In issuing a final rule under subsection (a), 
the Secretary shall consider the impact of continuing to allow self-
inspection as a means to satisfy periodic inspection requirements on 
the safety of passenger carrier operations.

SEC. 4404. AUTOMATIC EMERGENCY BRAKING.

    (a) Federal Motor Vehicle Safety Standard.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Transportation shall--
                    (A) prescribe a motor vehicle safety standard under 
                section 30111 of title 49, United States Code, that 
                requires all commercial motor vehicles manufactured 
                after the effective date of such standard to be 
                equipped with an automatic emergency braking system; 
                and
                    (B) as part of such standard, establish performance 
                requirements for automatic emergency braking systems, 
                including operation of such systems in a variety of 
                driving conditions.
            (2) Considerations.--Prior to prescribing the standard 
        required under paragraph (1)(A), the Secretary shall--
                    (A) conduct a review of automatic emergency braking 
                systems in use in commercial motor vehicles and address 
                any identified deficiencies with such systems in the 
                rulemaking proceeding to prescribe the standard, if 
                practicable;
                    (B) assess the feasibility of updating the software 
                of emergency braking systems in use in commercial motor 
                vehicles to address any deficiencies and to enable such 
                systems to meet the new standard; and
                    (C) consult with representatives of commercial 
                motor vehicle drivers regarding the experiences of 
                drivers with automatic emergency braking systems in use 
                in commercial motor vehicles, including malfunctions or 
                unwarranted activations of such systems.
            (3) Compliance date.--The Secretary shall ensure that the 
        compliance date of the standard prescribed pursuant to 
        paragraph (1) shall be not later than 2 years after the date of 
        publication of the final rule prescribing such standard.
    (b) Federal Motor Carrier Safety Regulation.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall issue a 
regulation under section 31136 of title 49, United States Code, that 
requires that an automatic emergency braking system installed in a 
commercial motor vehicle that is in operation on or after the effective 
date of the standard prescribed under subsection (a) be used at any 
time during which such commercial motor vehicle is in operation.
    (c) Definitions.--In this section:
            (1) Automatic emergency braking system.--The term 
        ``automatic emergency braking system'' means a crash avoidance 
        system installed and operational in a vehicle that consists 
        of--
                    (A) a forward collision warning function--
                            (i) to detect vehicles and objects ahead of 
                        the vehicle; and
                            (ii) to alert the operator of the vehicle 
                        of an impending collision; and
                    (B) a crash-imminent braking function to provide 
                automatic braking when forward-looking sensors of the 
                vehicle indicate that--
                            (i) a crash is imminent; and
                            (ii) the operator of the vehicle is not 
                        applying the brakes.
            (2) Commercial motor vehicle.--The term ``commercial motor 
        vehicle'' has the meaning given such term in section 31101 of 
        title 49, United States Code.

SEC. 4405. UNDERRIDE PROTECTION.

    (a) Rear Underride Guards.--
            (1) Rear guards on trailers and semitrailers.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary of 
                Transportation shall issue such regulations as are 
                necessary to revise motor vehicle safety standards 
                under sections 571.223 and 571.224 of title 49, Code of 
                Federal Regulations, to require trailers and semi-
                trailers manufactured after the date on which such 
                regulation is issued to be equipped with rear impact 
                guards that are designed to prevent passenger 
                compartment intrusion from a trailer or semitrailer 
                when a passenger vehicle traveling at 35 miles per hour 
                makes--
                            (i) an impact in which the passenger 
                        vehicle impacts the center of the rear of the 
                        trailer or semitrailer;
                            (ii) an impact in which 50 percent the 
                        width of the passenger vehicle overlaps the 
                        rear of the trailer or semitrailer; and
                            (iii) an impact in which 30 percent of the 
                        width of the passenger vehicle overlaps the 
                        rear of the trailer or semitrailer.
                    (B) Effective date.--The rule issued under 
                subparagraph (A) shall require full compliance with the 
                motor carrier safety standard prescribed in such rule 
                not later than 2 years after the date on which a final 
                rule is issued.
            (2) Additional research.--The Secretary shall conduct 
        additional research on the design and development of rear 
        impact guards that can prevent underride crashes and protect 
        motor vehicle passengers against severe injury at crash speeds 
        of up to 65 miles per hour.
            (3) Review of standards.--Not later than 5 years after any 
        revisions to standards or requirements related to rear impact 
        guards pursuant to paragraph (1), the Secretary shall review 
        the standards or requirements to evaluate the need for changes 
        in response to advancements in technology and upgrade such 
        standards accordingly.
            (4) Inspections.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                issue such regulations as are necessary to amend the 
                regulations on minimum periodic inspection standards 
                under appendix G to subchapter B of chapter III of 
                title 49, Code of Federal Regulations, and driver 
                vehicle inspection reports under section 396.11 of 
                title 49, Code of Federal Regulations, to include rear 
                impact guards and rear end protection (as required by 
                section 393.86 of title 49, Code of Federal 
                Regulations).
                    (B) Considerations.--In updating the regulations 
                described in subparagraph (A), the Secretary shall 
                consider it to be a defect or a deficiency if a rear 
                impact guard is missing or has a corroded or 
                compromised element that affects the structural 
                integrity and protective feature of such guard.
    (b) Side Underride Guards.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall--
                    (A) complete additional research on side underride 
                guards to better understand the overall effectiveness 
                of such guards;
                    (B) assess the feasibility, benefits, and costs 
                associated with installing side underride guards on 
                newly manufactured trailers and semitrailers with a 
                gross vehicle weight rating of 10,000 pounds or more; 
                and
                    (C) if warranted, develop performance standards for 
                such guards.
            (2) Independent research.--If the Secretary enters into a 
        contract with a third party to perform the research required 
        under paragraph (1)(A), the Secretary shall ensure that such 
        third party does not have any financial or contractual ties or 
        relationship with a motor carrier that transports passengers or 
        property for compensation, the motor carrier industry, or an 
        entity producing or supplying underride guards.
            (3) Publication of assessment.--Not later than 90 days 
        after completing the assessment required under paragraph 
        (1)(B), the Secretary shall issue a notice in the Federal 
        Register containing the findings of the assessment and provide 
        an opportunity for public comment.
            (4) Report to congress.--After the conclusion of the public 
        comment period under paragraph (3), the Secretary shall submit 
        to the Committee on Transportation and Infrastructure of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        provides--
                    (A) the results of the assessment under this 
                subsection;
                    (B) a summary of the public comments received by 
                the Secretary under paragraph (3); and
                    (C) a determination as to whether the Secretary 
                intends to develop performance requirements for side 
                underride guards, including any analysis that led to 
                such determination.
    (c) Advisory Committee on Underride Protection.--
            (1) Establishment.--Not later than 30 days after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        establish an Advisory Committee on Underride Protection (in 
        this subsection referred to as the ``Committee'') to provide 
        advice and recommendations to the Secretary on safety 
        regulations to reduce crashes and fatalities involving truck 
        underrides.
            (2) Representation.--
                    (A) In general.--The Committee shall be composed of 
                not more than 20 members appointed by the Secretary who 
                are not employees of the Department of Transportation 
                and who are qualified to serve because of their 
                expertise, training, or experience.
                    (B) Membership.--Members shall include two 
                representatives of each of the following:
                            (i) Truck and trailer manufacturers.
                            (ii) Motor carriers, including independent 
                        owner-operators.
                            (iii) Law enforcement.
                            (iv) Motor vehicle engineers.
                            (v) Motor vehicle crash investigators.
                            (vi) Truck safety organizations.
                            (vii) The insurance industry.
                            (viii) Emergency medical service providers.
                            (ix) Families of underride crash victims.
                            (x) Labor organizations.
            (3) Compensation.--Members of the Committee shall serve 
        without compensation.
            (4) Meetings.--The Committee shall meet at least annually.
            (5) Support.--On request of the Committee, the Secretary 
        shall provide information, administrative services, and 
        supplies necessary for the Committee to carry out the duties 
        described in paragraph (1).
            (6) Report.--The Committee shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a biennial report that shall--
                    (A) describe the advice and recommendations made to 
                the Secretary; and
                    (B) include an assessment of progress made by the 
                Secretary in advancing safety regulations.
    (d) Data Collection.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall implement recommendations 1 
and 2 described in the report by the Government Accountability Office 
published on March 14, 2019, titled ``Truck Underride Guards: Improved 
Data Collection, Inspections, and Research Needed'' (GAO-19-264).

SEC. 4406. TRANSPORTATION OF HORSES.

    Section 80502 of title 49, United States Code, is amended--
            (1) in subsection (c) by striking ``This section does not'' 
        and inserting ``Subsections (a) and (b) shall not'';
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following:
    ``(d) Transportation of Horses.--
            ``(1) Prohibition.--No person may transport, or cause to be 
        transported, a horse from a place in a State, the District of 
        Columbia, or a territory or possession of the United States 
        through or to a place in another State, the District of 
        Columbia, or a territory or possession of the United States in 
        a motor vehicle containing two or more levels stacked on top of 
        each other.
            ``(2) Motor vehicle defined.--In this subsection, the term 
        `motor vehicle'--
                    ``(A) means a vehicle driven or drawn by mechanical 
                power and manufactured primarily for use on public 
                highways; and
                    ``(B) does not include a vehicle operated 
                exclusively on a rail or rails.''; and
            (4) in subsection (e), as redesignated--
                    (A) by striking ``A rail carrier'' and inserting 
                the following:
            ``(1) In general.--A rail carrier'';
                    (B) by striking ``this section'' and inserting 
                ``subsection (a) or (b)''; and
                    (C) by striking ``On learning'' and inserting the 
                following:
            ``(2) Transportation of horses in multilevel trailer.--
                    ``(A) Civil penalty.--A person that knowingly 
                violates subsection (d) is liable to the United States 
                Government for a civil penalty of at least $100, but 
                not more than $500, for each violation. A separate 
                violation of subsection (d) occurs for each horse that 
                is transported, or caused to be transported, in 
                violation of subsection (d).
                    ``(B) Relationship to other laws.--The penalty 
                imposed under subparagraph (A) shall be in addition to 
                any penalty or remedy available under any other law.
            ``(3) Civil action.--On learning''.

SEC. 4407. ADDITIONAL STATE AUTHORITY.

    (a) Additional Authority.--Notwithstanding the limitation in 
section 127(d) of title 23, United States Code, if a State had in 
effect on or before June 1, 1991, a statute or regulation which placed 
a limitation on the overall length of a longer combination vehicle 
consisting of 3 trailers, such State may allow the operation of a 
longer combination vehicle to accommodate a longer energy efficient 
truck tractor in such longer combination vehicle under such limitation, 
if the additional tractor length is the only added length to such 
longer combination vehicle and does not result in increased cargo 
capacity in weight or volume.
    (b) Savings Clause.--Nothing in this section authorizes a State to 
allow an increase in the length of a trailer, semitrailer, or other 
cargo-carrying unit of a longer combination vehicle.
    (c) Longer Combination Vehicle Defined.--The term ``longer 
combination vehicle'' has the meaning given such term in section 127 of 
title 23, United States Code.

SEC. 4408. UPDATING THE REQUIRED AMOUNT OF INSURANCE FOR COMMERCIAL 
              MOTOR VEHICLES.

    Section 31139(b) of title 49, United States Code, is amended--
            (1) in paragraph (2), by striking ``$750,000'' and 
        inserting ``$2,000,000''; and
            (2) by adding at the end the following:
            ``(3) Adjustment.--The Secretary, in consultation with the 
        Bureau of Labor Statistics, shall adjust the minimum level of 
        financial responsibility under paragraph (2) quinquennially for 
        inflation.''.

                          TITLE V--INNOVATION

SEC. 5001. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--The following amounts are authorized to be 
appropriated out of the Highway Trust Fund (other than the Mass Transit 
Account):
            (1) Highway research and development program.--To carry out 
        section 503(b) of title 23, United States Code, $144,000,000 
        for each of fiscal years 2022 through 2025.
            (2) Technology and innovation deployment program.--To carry 
        out section 503(c) of title 23, United States Code, 
        $152,000,000 for each of fiscal years 2022 through 2025.
            (3) Training and education.--To carry out section 504 of 
        title 23, United States Code, $26,000,000 for each of fiscal 
        years 2022 through 2025.
            (4) Intelligent transportation systems program.--To carry 
        out sections 512 through 518 of title 23, United States Code, 
        $100,000,000 for each of fiscal years 2022 through 2025.
            (5) University transportation centers program.--To carry 
        out section 5505 of title 49, United States Code, $96,000,000 
        for each of fiscal years 2022 through 2025.
            (6) Bureau of transportation statistics.--To carry out 
        chapter 63 of title 49, United States Code, $27,000,000 for 
        each of fiscal years 2022 through 2025.
    (b) Additional Programs.--The following amounts are authorized to 
be appropriated out of the Highway Trust Fund (other than the Mass 
Transit Account):
            (1) Safe, efficient mobility through advanced 
        technologies.--To carry out section 503(c)(4) of title 23, 
        United States Code, $70,000,000 for each of fiscal years 2022 
        through 2025 from funds made available to carry out section 
        503(c) of such title.
            (2) Materials to reduce greenhouse gas emissions program.--
        To carry out section 503(d) of title 23, United States Code, 
        $10,000,000 for each of fiscal years 2022 through 2025 from 
        funds made available to carry out section 503(c) of such title.
            (3) National highly automated vehicle and mobility 
        innovation clearinghouse.--To carry out section 5507 of title 
        49, United States Code, $2,000,000 for each of fiscal years 
        2022 through 2025 from funds made available to carry out 
        sections 512 through 518 of title 23, United States Code.
            (4) National cooperative multimodal freight transportation 
        research program.--To carry out section 70205 of title 49, 
        United States Code, $4,000,000 for each of fiscal years 2022 
        through 2025 from funds made available to carry out section 
        503(b) of title 23, United States Code.
            (5) State surface transportation system funding pilots.--To 
        carry out section 6020 of the FAST Act (23 U.S.C. 503 note), 
        $35,000,000 for each of fiscal years 2022 through 2025 from 
        funds made available to carry out section 503(b) of title 23, 
        United States Code.
            (6) National surface transportation system funding pilot.--
        To carry out section 5402 of this title, $10,000,000 for each 
        of fiscal years 2022 through 2025 from funds made available to 
        carry out section 503(b) of title 23, United States Code.
    (c) Administration.--The Federal Highway Administration shall--
            (1) administer the programs described in paragraphs (1), 
        (2), and (3) of subsection (a) and paragraph (1) of subsection 
        (b); and
            (2) in consultation with relevant modal administrations, 
        administer the programs described in subsections (a)(4) and 
        (b)(2).
    (d) Treatment of Funds.--Funds authorized to be appropriated by 
subsections (a) and (b) shall--
            (1) be available for obligation in the same manner as if 
        those funds were apportioned under chapter 1 of title 23, 
        United States Code, except that the Federal share of the cost 
        of a project or activity carried out using those funds shall be 
        80 percent, unless otherwise expressly provided by this title 
        (including the amendments by this title) or otherwise 
        determined by the Secretary; and
            (2) remain available until expended and not be 
        transferable, except as otherwise provided in this title.

                  Subtitle A--Research and Development

SEC. 5101. HIGHWAY RESEARCH AND DEVELOPMENT PROGRAM.

    (a) In General.--Section 503 of title 23, United States Code, is 
amended--
            (1) in subsection (a)(2) by striking ``section 508'' and 
        inserting ``section 6503 of title 49''; and
            (2) in subsection (b)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A)--
                                    (I) in clause (ii) by striking ``; 
                                and'' and inserting a semicolon;
                                    (II) in clause (iii) by striking 
                                the period and inserting ``; and''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iv) to reduce greenhouse gas emissions 
                        and limit the effects of climate change.''; and
                            (ii) by striking subparagraphs (D) and (E);
                    (B) in paragraph (4)(A)--
                            (i) in clause (ii) by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in clause (iii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) to reduce greenhouse gas emissions 
                        and limit the effects of climate change.'';
                    (C) in paragraph (5)(A)--
                            (i) in clause (iv) by striking ``; and'' 
                        and inserting a semicolon;
                            (ii) in clause (v) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(vi) reducing greenhouse gas emissions 
                        and limiting the effects of climate change.''; 
                        and
                    (D) by adding at the end the following:
            ``(9) Analysis tools.--The Secretary may develop 
        interactive modeling tools and databases that--
                    ``(A) track the condition of highway assets, 
                including interchanges, and the reconstruction history 
                of such assets;
                    ``(B) can be used to assess transportation options;
                    ``(C) allow for the monitoring and modeling of 
                network-level traffic flows on highways; and
                    ``(D) further Federal and State understanding of 
                the importance of national and regional connectivity 
                and the need for long-distance and interregional 
                passenger and freight travel by highway and other 
                surface transportation modes.
            ``(10) Performance management data support program.--
                    ``(A) Performance management data support.--The 
                Administrator of the Federal Highway Administration 
                shall develop, use, and maintain data sets and data 
                analysis tools to assist metropolitan planning 
                organizations, States, and the Federal Highway 
                Administration in carrying out performance management 
                analyses (including the performance management 
                requirements under section 150).
                    ``(B) Inclusions.--The data analysis activities 
                authorized under subparagraph (A) may include--
                            ``(i) collecting and distributing vehicle 
                        probe data describing traffic on Federal-aid 
                        highways;
                            ``(ii) collecting household travel behavior 
                        data to assess local and cross-jurisdictional 
                        travel, including to accommodate external and 
                        through travel;
                            ``(iii) enhancing existing data collection 
                        and analysis tools to accommodate performance 
                        measures, targets, and related data, so as to 
                        better understand trip origin and destination, 
                        trip time, and mode;
                            ``(iv) enhancing existing data analysis 
                        tools to improve performance predictions and 
                        travel models in reports described in section 
                        150(e);
                            ``(v) developing tools--
                                    ``(I) to improve performance 
                                analysis; and
                                    ``(II) to evaluate the effects of 
                                project investments on performance;
                            ``(vi) assisting in the development or 
                        procurement of the transportation system access 
                        data under section 1403(g) of the INVEST in 
                        America Act; and
                            ``(vii) developing tools and acquiring data 
                        described under paragraph (9).
                    ``(C) Funding.--The Administrator of the Federal 
                Highway Administration may use up to $15,000,000 for 
                each of fiscal years 2022 through 2025 to carry out 
                this paragraph.''.
    (b) Repeal.--Section 6028 of the FAST Act (23 U.S.C. 150 note), and 
the item relating to such section in the table of contents in section 
1(b) of such Act, are repealed.

SEC. 5102. MATERIALS TO REDUCE GREENHOUSE GAS EMISSIONS PROGRAM.

    Section 503 of title 23, United States Code, as amended by section 
5101, is further amended by adding at the end the following:
    ``(d) Materials To Reduce Greenhouse Gas Emissions Program.--
            ``(1) In general.--Not later than 6 months after the date 
        of enactment of this subsection, the Secretary shall establish 
        and implement a program under which the Secretary shall award 
        grants to eligible entities to research and support the 
        development of materials that will reduce or sequester the 
        amount of greenhouse gas emissions generated during the 
        production of highway materials and the construction and use of 
        highways.
            ``(2) Activities.--The Secretary shall ensure that the 
        program, at a minimum--
                    ``(A) carries out research to determine the 
                materials proven to most effectively reduce or 
                sequester greenhouse gas emissions;
                    ``(B) evaluates and improves the ability of 
                materials to most effectively reduce or sequester 
                greenhouse gas emissions; and
                    ``(C) supports the development and deployment of 
                materials that will reduce or sequester greenhouse gas 
                emissions.
            ``(3) Competitive selection process.--
                    ``(A) Applications.--To be eligible to receive a 
                grant under this subsection, an eligible entity shall 
                submit to the Secretary an application in such form and 
                containing such information as the Secretary may 
                require.
                    ``(B) Consideration.--In making grants under this 
                subsection, the Secretary shall consider the degree to 
                which applicants presently carry out research on 
                materials that reduce or sequester greenhouse gas 
                emissions.
                    ``(C) Selection criteria.--The Secretary may make 
                grants under this subsection to any eligible entity 
                based on the demonstrated ability of the applicant to 
                fulfill the activities described in paragraph (2).
                    ``(D) Transparency.--
                            ``(i) In general.--The Secretary shall 
                        provide to each eligible entity submitting an 
                        application under this subsection, upon 
                        request, any materials, including copies of 
                        reviews (with any information that would 
                        identify a reviewer redacted), used in the 
                        evaluation process of the application of such 
                        entity.
                            ``(ii) Reports.--The Secretary shall submit 
                        to the Committee on Transportation and 
                        Infrastructure of the House of Representatives 
                        and the Committee on Environment and Public 
                        Works of the Senate a report describing the 
                        overall review process for a grant under this 
                        subsection, including--
                                    ``(I) specific criteria of 
                                evaluation used in the review;
                                    ``(II) descriptions of the review 
                                process; and
                                    ``(III) explanations of the grants 
                                awarded.
            ``(4) Grants.--
                    ``(A) Restrictions.--
                            ``(i) In general.--For each fiscal year, a 
                        grant made available under this subsection 
                        shall be not greater than $4,000,000 and not 
                        less than $2,000,000 per recipient.
                            ``(ii) Limitation.--An eligible entity may 
                        only receive one grant in a fiscal year under 
                        this subsection.
                    ``(B) Matching requirements.--
                            ``(i) In general.--As a condition of 
                        receiving a grant under this subsection, a 
                        grant recipient shall match 50 percent of the 
                        amounts made available under the grant.
                            ``(ii) Sources.--The matching amounts 
                        referred to in clause (i) may include amounts 
                        made available to the recipient under--
                                    ``(I) section 504(b); or
                                    ``(II) section 505.
            ``(5) Program coordination.--
                    ``(A) In general.--The Secretary shall--
                            ``(i) coordinate the research, education, 
                        and technology transfer activities carried out 
                        by grant recipients under this subsection;
                            ``(ii) disseminate the results of that 
                        research through the establishment and 
                        operation of a publicly accessible online 
                        information clearinghouse; and
                            ``(iii) to the extent practicable, support 
                        the deployment and commercial adoption of 
                        effective materials researched or developed 
                        under this subsection to relevant stakeholders.
                    ``(B) Annual review and evaluation.--Not later than 
                2 years after the date of enactment of this subsection, 
                and not less frequently than annually thereafter, the 
                Secretary shall, consistent with the activities in 
                paragraph (3)--
                            ``(i) review and evaluate the programs 
                        carried out under this subsection by grant 
                        recipients, describing the effectiveness of the 
                        program in identifying materials that reduce or 
                        sequester greenhouse gas emissions;
                            ``(ii) submit to the Committee on 
                        Transportation and Infrastructure of the House 
                        of Representatives and the Committee on 
                        Environment and Public Works of the Senate a 
                        report describing such review and evaluation; 
                        and
                            ``(iii) make the report in clause (ii) 
                        available to the public on a website.
            ``(6) Limitation on availability of amounts.--Amounts made 
        available to carry out this subsection shall remain available 
        for obligation by the Secretary for a period of 3 years after 
        the last day of the fiscal year for which the amounts are 
        authorized.
            ``(7) Information collection.--Any survey, questionnaire, 
        or interview that the Secretary determines to be necessary to 
        carry out reporting requirements relating to any program 
        assessment or evaluation activity under this subsection, 
        including customer satisfaction assessments, shall not be 
        subject to chapter 35 of title 44.
            ``(8) Definition of eligible entity.--In this subsection, 
        the term `eligible entity' means a nonprofit institution of 
        higher education, as such term is defined in section 101 of the 
        Higher Education Act of 1965 (20 U.S.C. 1001).''.

SEC. 5103. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC 
              PLAN.

    Section 6503 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking ``The Secretary'' and 
        inserting ``For the period of fiscal years 2017 through 2021, 
        and for each 5-year period thereafter, the Secretary'';
            (2) in subsection (c)(1)--
                    (A) in subparagraph (D) by inserting ``and the 
                existing transportation system'' after 
                ``infrastructure'';
                    (B) in subparagraph (E) by striking ``; and'' and 
                inserting a semicolon;
                    (C) by amending subparagraph (F) to read as 
                follows:
                    ``(F) reducing greenhouse gas emissions; and''; and
                    (D) by adding at the end the following:
                    ``(G) developing and maintaining a diverse 
                workforce in transportation sectors;''; and
            (3) in subsection (d) by striking ``not later than December 
        31, 2016,'' and inserting ``not later than December 31, 
        2021,''.

SEC. 5104. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.

    Section 5505 of title 49, United States Code, is amended--
            (1) in subsection (b)(4)--
                    (A) in subparagraph (A) by striking ``research 
                priorities identified in chapter 65.'' and inserting 
                the following: ``following research priorities:
                            ``(i) Improving the mobility of people and 
                        goods.
                            ``(ii) Reducing congestion.
                            ``(iii) Promoting safety.
                            ``(iv) Improving the durability and 
                        extending the life of transportation 
                        infrastructure and the existing transportation 
                        system.
                            ``(v) Preserving the environment.
                            ``(vi) Reducing greenhouse gas 
                        emissions.''; and
                    (B) in subparagraph (B)--
                            (i) by striking ``Technology and'' and 
                        inserting ``Technology,''; and
                            (ii) by inserting ``, the Associate 
                        Administrator for Research, Demonstration, and 
                        Innovation and Administrator of the Federal 
                        Transit Administration,'' after ``Federal 
                        Highway Administration'';
            (2) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``Not later than 1 year 
                        after the date of enactment of this section,'' 
                        and inserting the following:
                    ``(A) Selection of grants.--Not later than 1 year 
                after the date of enactment of the INVEST in America 
                Act,''; and
                            (ii) by adding at the end the following:
                    ``(B) Limitations.--A grant under this subsection 
                may not include a cooperative agreement described in 
                section 6305 of title 31.'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``5 
                        consortia'' and inserting ``6 consortia'';
                            (ii) in subparagraph (B)--
                                    (I) in clause (i) by striking ``not 
                                greater than $4,000,000 and not less 
                                than $2,000,000'' and inserting ``not 
                                greater than $4,250,000 and not less 
                                than $2,250,000''; and
                                    (II) in clause (ii) by striking 
                                ``section 6503(c)'' and inserting 
                                ``subsection (b)(4)(A)'';
                            (iii) in subparagraph (C) by striking ``100 
                        percent'' and inserting ``50 percent''; and
                            (iv) by adding at the end the following:
                    ``(D) Requirement.--In awarding grants under this 
                section, the Secretary shall award 1 grant to a 
                national consortia for each focus area described in 
                subsection (b)(4)(A).'';
                    (C) in paragraph (3)--
                            (i) in subparagraph (C) by striking ``not 
                        greater than $3,000,000 and not less than 
                        $1,500,000'' and inserting ``not greater than 
                        $3,250,000 and not less than $1,750,000'';
                            (ii) in subparagraph (D)(i) by striking 
                        ``100 percent'' and inserting ``50 percent''; 
                        and
                            (iii) by striking subparagraph (E); and
                    (D) in paragraph (4)--
                            (i) in subparagraph (A) by striking 
                        ``greater than $2,000,000 and not less than 
                        $1,000,000'' and inserting ``greater than 
                        $2,250,000 and not less than $1,250,000''; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Requirements.--In awarding grants under this 
                paragraph, the Secretary shall--
                            ``(i) consider consortia that include 
                        institutions that have demonstrated an ability 
                        in transportation-related research; and
                            ``(ii) award not less than four grants 
                        under this section to historically black 
                        colleges and universities and other minority-
                        serving institutions, as defined in section 
                        371(a) of the Higher Education Act (20 U.S.C. 
                        1067q).
                    ``(D) Focused research.--
                            ``(i) In general.--In awarding grants under 
                        this section, the Secretary shall select not 
                        less than one grant recipient with each of the 
                        following focus areas:
                                    ``(I) Transit.
                                    ``(II) Connected and automated 
                                vehicle technology.
                                    ``(III) Non-motorized 
                                transportation, including bicycle and 
                                pedestrian safety.
                                    ``(IV) Transportation planning, 
                                including developing metropolitan 
                                planning practices to meet the 
                                considerations described in section 
                                134(c)(4) of title 23 and section 
                                5303(c)(4).
                                    ``(V) The surface transportation 
                                workforce, including--
                                            ``(aa) current and future 
                                        workforce needs and challenges; 
                                        and
                                            ``(bb) the impact of 
                                        technology on the 
                                        transportation sector.
                                    ``(VI) Climate change mitigation, 
                                including--
                                            ``(aa) researching the 
                                        types of transportation 
                                        projects that are expected to 
                                        provide the most significant 
                                        greenhouse gas emissions 
                                        reductions from the surface 
                                        transportation sector; and
                                            ``(bb) researching the 
                                        types of transportation 
                                        projects that are not expected 
                                        to provide significant 
                                        greenhouse gas emissions 
                                        reductions from the surface 
                                        transportation sector.
                                    ``(VII) Rail.
                            ``(ii) Additional grants.--In awarding 
                        grants under this section and after awarding 
                        grants pursuant to clause (i), the Secretary 
                        may award any remaining grants to any grant 
                        recipient based on the criteria described in 
                        subsection (b)(4)(A).
                    ``(E) Considerations for selected institutions.--
                            ``(i) In general.--Tier 1 transportation 
                        centers awarded a grant under this paragraph 
                        with a focus area described in subparagraph 
                        (D)(i)(IV) shall consider the following areas 
                        for research:
                                    ``(I) strategies to address climate 
                                change mitigation and impacts described 
                                in section 134(i)(2)(I)(ii) of title 23 
                                and the incorporation of such 
                                strategies into long range 
                                transportation plan; and
                                    ``(II) preparation of a 
                                vulnerability assessment described in 
                                section 134(i)(2)(I)(iii) of title 23.
                            ``(ii) Activities.--A tier 1 transportation 
                        center receiving a grant under this section 
                        with a focus area described in subparagraph 
                        (D)(i)(IV) may--
                                    ``(I) establish best practices;
                                    ``(II) develop modeling tools; and
                                    ``(III) carry out other activities 
                                and develop technology that addresses 
                                the planning considerations described 
                                in clause (i).
                            ``(iii) Limitation.--Research under this 
                        subparagraph shall focus on metropolitan 
                        planning organizations that represent urbanized 
                        areas with populations of 200,000 or fewer.'';
            (3) in subsection (d)(3) by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 
        2025'';
            (4) by redesignating subsection (f) as subsection (g); and
            (5) by inserting after subsection (e) the following:
    ``(f) Surplus Amounts.--
            ``(1) In general.--Amounts made available to the Secretary 
        to carry out this section that remain unobligated after 
        awarding grants under subsection (c) shall be made available 
        under the unsolicited research initiative under section 5506.
            ``(2) Limitation on amounts.--Amounts under paragraph (1) 
        shall not exceed $2,000,000 for any given fiscal year.''.

SEC. 5105. UNSOLICITED RESEARCH INITIATIVE.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 5506. Unsolicited research initiative
    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall establish a program 
under which an eligible entity may at any time submit unsolicited 
research proposals for funding under this section.
    ``(b) Criteria.--A research proposal submitted under subsection (a) 
shall meet the purposes of the Secretary's 5-year transportation 
research and development strategic plan described in section 
6503(c)(1).
    ``(c) Project Review.--Not later than 90 days after an eligible 
entity submits a proposal under subsection (a), the Secretary shall--
            ``(1) review the research proposal submitted under 
        subsection (a);
            ``(2) evaluate such research proposal relative to the 
        criteria described in subsection (b);
            ``(3) provide to such eligible entity a written notice 
        that--
                    ``(A) if the research proposal is not selected for 
                funding under this section--
                            ``(i) notifies the eligible entity that the 
                        research proposal has not been selected for 
                        funding;
                            ``(ii) provides an explanation as to why 
                        the research proposal was not selected, 
                        including if the research proposal does not 
                        cover an area of need; and
                            ``(iii) if applicable, recommends that the 
                        research proposal be submitted to another 
                        research program; and
                    ``(B) if the research proposal is selected for 
                funding under this section, notifies the eligible 
                entity that the research proposal has been selected for 
                funding; and
            ``(4) fund the proposals described in paragraph (3)(B).
    ``(d) Report.--Not later than 18 months after the date of enactment 
of this section, and annually thereafter, the Secretary shall make 
available to the public on a public website a report on the progress 
and findings of the program established under subsection (a).
    ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an 
        activity carried out under this section may not exceed 50 
        percent.
            ``(2) Non-federal share.--All costs directly incurred by 
        the non-Federal partners, including personnel, travel, 
        facility, and hardware development costs, shall be credited 
        toward the non-Federal share of the cost of an activity carried 
        out under this section.
    ``(f) Funding.--
            ``(1) In general.--Of the funds made available to carry out 
        the university transportation centers program under section 
        5505, $2,000,000 shall be available for each of fiscal years 
        2022 through 2025 to carry out this section.
            ``(2) Funding flexibility.--
                    ``(A) In general.--For fiscal years 2022 through 
                2025, funds made available under paragraph (1) shall 
                remain available until expended.
                    ``(B) Uncommitted funds.--If the Secretary 
                determines, at the end of a fiscal year, funds under 
                paragraph (1) remain unexpended as a result of a lack 
                of meritorious projects under this section, the 
                Secretary may, for the following fiscal year, make 
                remaining funds available under either this section or 
                under section 5505.
    ``(g) Eligible Entity Defined.--In this section, the term `eligible 
entity' means--
            ``(1) a State;
            ``(2) a unit of local government;
            ``(3) a transit agency;
            ``(4) any nonprofit institution of higher education, 
        including a university transportation center under section 
        5505; and
            ``(5) a nonprofit organization.''.
    (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5505 the following new item:

``5506. Unsolicited research initiative.''.

SEC. 5106. NATIONAL COOPERATIVE MULTIMODAL FREIGHT TRANSPORTATION 
              RESEARCH PROGRAM.

    (a) In General.--Chapter 702 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 70205. National cooperative multimodal freight transportation 
              research program
    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall establish and support a 
national cooperative multimodal freight transportation research 
program.
    ``(b) Agreement.--Not later than 6 months after the date of 
enactment of this section, the Secretary shall seek to enter into an 
agreement with the National Academy of Sciences to support and carry 
out administrative and management activities relating to the governance 
of the national cooperative multimodal freight transportation research 
program.
    ``(c) Advisory Committee.--In carrying out the agreement described 
in subsection (b), the National Academy of Sciences shall select a 
multimodal freight transportation research advisory committee 
consisting of multimodal freight stakeholders, including, at a 
minimum--
            ``(1) a representative of the Department of Transportation;
            ``(2) representatives of any other Federal agencies 
        relevant in supporting the nation's multimodal freight 
        transportation research needs;
            ``(3) a representative of a State department of 
        transportation;
            ``(4) a representative of a local government (other than a 
        metropolitan planning organization);
            ``(5) a representative of a metropolitan planning 
        organization;
            ``(6) a representative of the trucking industry;
            ``(7) a representative of the railroad industry;
            ``(8) a representative of the port industry;
            ``(9) a representative of logistics industry;
            ``(10) a representative of shipping industry;
            ``(11) a representative of a safety advocacy group with 
        expertise in freight transportation;
            ``(12) an academic expert on multimodal freight 
        transportation;
            ``(13) an academic expert on the contributions of freight 
        movement to greenhouse gas emissions; and
            ``(14) representatives of labor organizations representing 
        workers in freight transportation.
    ``(d) Elements.--The national cooperative multimodal freight 
transportation research program established under this section shall 
include the following elements:
            ``(1) National research agenda.--The advisory committee 
        under subsection (c), in consultation with interested parties, 
        shall recommend a national research agenda for the program 
        established in this section.
            ``(2) Involvement.--Interested parties may--
                    ``(A) submit research proposals to the advisory 
                committee;
                    ``(B) participate in merit reviews of research 
                proposals and peer reviews of research products; and
                    ``(C) receive research results.
            ``(3) Open competition and peer review of research 
        proposals.--The National Academy of Sciences may award research 
        contracts and grants under the program through open competition 
        and merit review conducted on a regular basis.
            ``(4) Evaluation of research.--
                    ``(A) Peer review.--Research contracts and grants 
                under the program may allow peer review of the research 
                results.
                    ``(B) Programmatic evaluations.--The National 
                Academy of Sciences shall conduct periodic programmatic 
                evaluations on a regular basis of research contracts 
                and grants.
            ``(5) Dissemination of research findings.--
                    ``(A) In general.--The National Academy of Sciences 
                shall disseminate research findings to researchers, 
                practitioners, and decisionmakers, through conferences 
                and seminars, field demonstrations, workshops, training 
                programs, presentations, testimony to government 
                officials, a public website for the National Academy of 
                Sciences, publications for the general public, and 
                other appropriate means.
                    ``(B) Report.--Not more than 18 months after the 
                date of enactment of this section, and annually 
                thereafter, the Secretary shall make available on a 
                public website a report that describes the ongoing 
                research and findings of the program.
    ``(e) Contents.--The national research agenda under subsection 
(d)(1) shall include--
            ``(1) techniques and tools for estimating and identifying 
        both quantitative and qualitative public benefits derived from 
        multimodal freight transportation projects, including--
                    ``(A) greenhouse gas emissions reduction;
                    ``(B) congestion reduction; and
                    ``(C) safety benefits;
            ``(2) the impact of freight delivery vehicles, including 
        trucks, railcars, and non-motorized vehicles, on congestion in 
        urban and rural areas;
            ``(3) the impact of both centralized and disparate origins 
        and destinations on freight movement;
            ``(4) the impacts of increasing freight volumes on 
        transportation planning, including--
                    ``(A) first-mile and last-mile challenges to 
                multimodal freight movement;
                    ``(B) multimodal freight travel in both urban and 
                rural areas; and
                    ``(C) commercial motor vehicle parking and rest 
                areas;
            ``(5) the effects of Internet commerce and accelerated 
        delivery speeds on freight movement and increased commercial 
        motor vehicle volume, including impacts on--
                    ``(A) safety on public roads;
                    ``(B) congestion in both urban and rural areas;
                    ``(C) first-mile and last-mile challenges and 
                opportunities;
                    ``(D) the environmental impact of freight 
                transportation, including on air quality and on 
                greenhouse gas emissions; and
                    ``(E) vehicle miles-traveled by freight-delivering 
                vehicles;
            ``(6) the impacts of technological advancements in freight 
        movement, including impacts on--
                    ``(A) congestion in both urban and rural areas;
                    ``(B) first-mile and last-mile challenges and 
                opportunities; and
                    ``(C) vehicle miles-traveled;
            ``(7) methods and best practices for aligning multimodal 
        infrastructure improvements with multimodal freight 
        transportation demand, including improvements to the National 
        Multimodal Freight Network under section 70103; and
            ``(8) other research areas to identify and address current, 
        emerging, and future needs related to multimodal freight 
        transportation.
    ``(f) Funding.--
            ``(1) Federal share.--The Federal share of the cost of an 
        activity carried out under this section shall be 100 percent.
            ``(2) Period of availability.--Amounts made available to 
        carry out this section shall remain available until expended.
    ``(g) Definition of Greenhouse Gas.--In this section, the term 
`greenhouse gas' has the meaning given such term in section 211(o)(1) 
of the Clean Air Act (42 U.S.C. 7545(o)(1)).''.
    (b) Clerical Amendment.--The analysis for chapter 702 of title 49, 
United States Code, is amended by adding at the end the following new 
item:

``70205. National cooperative multimodal freight transportation 
                            research program.''.

SEC. 5107. WILDLIFE-VEHICLE COLLISION REDUCTION AND HABITAT 
              CONNECTIVITY IMPROVEMENT.

    (a) Study.--
            (1) In general.--The Secretary of Transportation shall 
        conduct a study examining methods to reduce collisions between 
        motorists and wildlife (referred to in this section as 
        ``wildlife-vehicle collisions'').
            (2) Contents.--
                    (A) Areas of study.--The study required under 
                paragraph (1) shall--
                            (i) update and expand on, as appropriate--
                                    (I) the report titled ``Wildlife 
                                Vehicle Collision Reduction Study: 2008 
                                Report to Congress'': and
                                    (II) the document titled ``Wildlife 
                                Vehicle Collision Reduction Study: Best 
                                Practices Manual'' and dated October 
                                2008; and
                            (ii) include--
                                    (I) an assessment, as of the date 
                                of the study, of--
                                            (aa) the causes of 
                                        wildlife-vehicle collisions;
                                            (bb) the impact of 
                                        wildlife-vehicle collisions on 
                                        motorists and wildlife; and
                                            (cc) the impacts of roads 
                                        and traffic on habitat 
                                        connectivity for terrestrial 
                                        and aquatic species; and
                                    (II) solutions and best practices 
                                for--
                                            (aa) reducing wildlife-
                                        vehicle collisions; and
                                            (bb) improving habitat 
                                        connectivity for terrestrial 
                                        and aquatic species.
                    (B) Methods.--In carrying out the study required 
                under paragraph (1), the Secretary shall--
                            (i) conduct a thorough review of research 
                        and data relating to--
                                    (I) wildlife-vehicle collisions; 
                                and
                                    (II) habitat fragmentation that 
                                results from transportation 
                                infrastructure;
                            (ii) survey current practices of the 
                        Department of Transportation and State 
                        departments of transportation to reduce 
                        wildlife-vehicle collisions; and
                            (iii) consult with--
                                    (I) appropriate experts in the 
                                field of wildlife-vehicle collisions; 
                                and
                                    (II) appropriate experts on the 
                                effects of roads and traffic on habitat 
                                connectivity for terrestrial and 
                                aquatic species.
            (3) Report.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary shall 
                submit to Congress a report on the results of the study 
                required under paragraph (1).
                    (B) Contents.--The report required under 
                subparagraph (A) shall include--
                            (i) a description of--
                                    (I) the causes of wildlife-vehicle 
                                collisions;
                                    (II) the impacts of wildlife-
                                vehicle collisions; and
                                    (III) the impacts of roads and 
                                traffic on--
                                            (aa) species listed as 
                                        threatened species or 
                                        endangered species under the 
                                        Endangered Species Act of 1973 
                                        (16 U.S.C. 1531 et seq.);
                                            (bb) species identified by 
                                        States as species of greatest 
                                        conservation need;
                                            (cc) species identified in 
                                        State wildlife plans; and
                                            (dd) medium and small 
                                        terrestrial and aquatic 
                                        species;
                            (ii) an economic evaluation of the costs 
                        and benefits of installing highway 
                        infrastructure and other measures to mitigate 
                        damage to terrestrial and aquatic species, 
                        including the effect on jobs, property values, 
                        and economic growth to society, adjacent 
                        communities, and landowners;
                            (iii) recommendations for preventing 
                        wildlife-vehicle collisions, including 
                        recommended best practices, funding resources, 
                        or other recommendations for addressing 
                        wildlife-vehicle collisions; and
                            (iv) guidance to develop, for each State 
                        that agrees to participate, a voluntary joint 
                        statewide transportation and wildlife action 
                        plan.
                    (C) Purposes.--The purpose of the guidance 
                described in subparagraph (B)(iv) shall be--
                            (i) to address wildlife-vehicle collisions; 
                        and
                            (ii) to improve habitat connectivity for 
                        terrestrial and aquatic species.
                    (D) Consultation.--The Secretary shall develop the 
                guidance described under subparagraph (B)(iv) in 
                consultation with--
                            (i) Federal land management agencies;
                            (ii) State departments of transportation;
                            (iii) State fish and wildlife agencies; and
                            (iv) Tribal governments.
    (b) Standardization of Wildlife Collision and Carcass Data.--
            (1) Standardization methodology.--
                    (A) In general.--The Secretary of Transportation, 
                acting through the Administrator of the Federal Highway 
                Administration, shall develop a quality standardized 
                methodology for collecting and reporting spatially 
                accurate wildlife collision and carcass data for the 
                National Highway System, taking into consideration the 
                practicability of the methodology with respect to 
                technology and cost.
                    (B) Methodology.--In developing the standardized 
                methodology under subparagraph (A), the Secretary 
                shall--
                            (i) survey existing methodologies and 
                        sources of data collection, including the 
                        Fatality Analysis Reporting System, the General 
                        Estimates System of the National Automotive 
                        Sampling System, and the Highway Safety 
                        Information System; and
                            (ii) to the extent practicable, identify 
                        and correct limitations of such existing 
                        methodologies and sources of data collection.
                    (C) Consultation.--In developing the standardized 
                methodology under subparagraph (A), the Secretary shall 
                consult with--
                            (i) the Secretary of the Interior;
                            (ii) the Secretary of Agriculture, acting 
                        through the Chief of the Forest Service;
                            (iii) Tribal, State, and local 
                        transportation and wildlife authorities;
                            (iv) metropolitan planning organizations 
                        (as such term is defined in section 134(b) of 
                        title 23, United States Code);
                            (v) members of the American Association of 
                        State Highway and Transportation Officials;
                            (vi) members of the Association of Fish and 
                        Wildlife Agencies;
                            (vii) experts in the field of wildlife-
                        vehicle collisions;
                            (viii) nongovernmental organizations; and
                            (ix) other interested stakeholders, as 
                        appropriate.
            (2) Standardized national data system with voluntary 
        template implementation.--The Secretary shall--
                    (A) develop a template for State implementation of 
                a standardized national wildlife collision and carcass 
                data system for the National Highway System that is 
                based on the standardized methodology developed under 
                paragraph (1); and
                    (B) encourage the voluntary implementation of the 
                template developed under subparagraph (A) for States, 
                metropolitan planning organizations, and additional 
                relevant transportation stakeholders.
            (3) Reports.--
                    (A) Methodology.--The Secretary shall submit to 
                Congress a report describing the development of the 
                standardized methodology required under paragraph (1) 
                not later than--
                            (i) the date that is 18 months after the 
                        date of enactment of this Act; and
                            (ii) the date that is 180 days after the 
                        date on which the Secretary completes the 
                        development of such standardized methodology.
                    (B) Implementation.--Not later than 3 years after 
                the date of enactment of this Act, the Secretary shall 
                submit to Congress a report describing--
                            (i) the status of the voluntary 
                        implementation of the standardized methodology 
                        developed under paragraph (1) and the template 
                        developed under paragraph (2)(A);
                            (ii) whether the implementation of the 
                        standardized methodology developed under 
                        paragraph (1) and the template developed under 
                        paragraph (2)(A) has impacted efforts by 
                        States, units of local government, and other 
                        entities--
                                    (I) to reduce the number of 
                                wildlife-vehicle collisions; and
                                    (II) to improve habitat 
                                connectivity;
                            (iii) the degree of the impact described in 
                        clause (ii); and
                            (iv) the recommendations of the Secretary, 
                        including recommendations for further study 
                        aimed at reducing motorist collisions involving 
                        wildlife and improving habitat connectivity for 
                        terrestrial and aquatic species on the National 
                        Highway System, if any.
    (c) National Threshold Guidance.--The Secretary of Transportation 
shall--
            (1) establish guidance, to be carried out by States on a 
        voluntary basis, that contains a threshold for determining 
        whether a highway shall be evaluated for potential mitigation 
        measures to reduce wildlife-vehicle collisions and increase 
        habitat connectivity for terrestrial and aquatic species, 
        taking into consideration--
                    (A) the number of wildlife-vehicle collisions on 
                the highway that pose a human safety risk;
                    (B) highway-related mortality and effects of 
                traffic on the highway on--
                            (i) species listed as endangered species or 
                        threatened species under the Endangered Species 
                        Act of 1973 (16 U.S.C. 1531 et seq.);
                            (ii) species identified by a State as 
                        species of greatest conservation need;
                            (iii) species identified in State wildlife 
                        plans; and
                            (iv) medium and small terrestrial and 
                        aquatic species; and
                    (C) habitat connectivity values for terrestrial and 
                aquatic species and the barrier effect of the highway 
                on the movements and migrations of those species.
    (d) Workforce Development and Technical Training.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act, the Secretary shall, based on the study 
        conducted under subsection (a), develop a series of in-person 
        and online workforce development and technical training 
        courses--
                    (A) to reduce wildlife-vehicle collisions; and
                    (B) to improve habitat connectivity for terrestrial 
                and aquatic species.
            (2) Availability.--The Secretary shall--
                    (A) make the series of courses developed under 
                paragraph (1) available for transportation and fish and 
                wildlife professionals; and
                    (B) update the series of courses not less 
                frequently than once every 2 years.
    (e) Wildlife Habitat Connectivity and National Bridge and Tunnel 
Inventory and Inspection Standards.--Section 144 of title 23, United 
States Code, is amended in subsection (a)(2)--
            (1) in subparagraph (B) by inserting ``, resilience,'' 
        after ``safety'';
            (2) in subparagraph (D) by striking ``and'' at the end;
            (3) in subparagraph (E) by striking the period at the end 
        and inserting ``; and''; and
            (4) by adding at the end the following:
                    ``(F) to ensure adequate passage of aquatic and 
                terrestrial species, where appropriate.'';

SEC. 5108. RESEARCH ACTIVITIES.

    Section 330(g) of title 49, United States Code, is amended by 
striking ``each of fiscal years 2016 through 2020'' and inserting 
``each of fiscal years 2022 through 2025''.

SEC. 5109. INNOVATIVE MATERIAL INNOVATION HUBS.

    (a) Establishment.--
            (1) In general.--The Secretary of Transportation shall 
        carry out a program to enhance the development of innovative 
        materials in the United States by making awards to consortia 
        for establishing and operating Hubs (to be known as 
        ``Innovative Material Innovation Hubs'') to conduct and support 
        multidisciplinary, collaborative research, development, 
        demonstration, standardized design development, and commercial 
        application of innovative materials.
            (2) Coordination.--The Secretary shall ensure the 
        coordination of, and avoid duplication of, the activities of 
        each Hub with the activities of--
                    (A) other research entities of the Department of 
                Transportation, including the Federal Highway 
                Administration; and
                    (B) research entities of other Federal agencies, as 
                appropriate.
    (b) Competitive Selection Process.--
            (1) Eligibility.--To be eligible to receive an award for 
        the establishment and operation of a Hub under subsection 
        (a)(1), a consortium shall--
                    (A) be composed of not fewer than two qualifying 
                entities;
                    (B) operate subject to a binding agreement, entered 
                into by each member of the consortium, that documents--
                            (i) the proposed partnership agreement, 
                        including the governance and management 
                        structure of the Hub;
                            (ii) measures the consortium will undertake 
                        to enable cost-effective implementation of 
                        activities under the program described in 
                        subsection (a)(1); and
                            (iii) a proposed budget, including 
                        financial contributions from non-Federal 
                        sources; and
                    (C) operate as a nonprofit organization.
            (2) Application.--
                    (A) In general.--A consortium seeking to establish 
                and operate a Hub under subsection (a)(1) shall submit 
                to the Secretary an application at such time, in such 
                manner, and containing such information as the 
                Secretary may require, including a detailed description 
                of--
                            (i) each element of the consortium 
                        agreement required under paragraph (1)(B); and
                            (ii) any existing facilities the consortium 
                        intends to use for Hub activities.
                    (B) Requirement.--If the consortium members will 
                not be located at 1 centralized location, the 
                application under subparagraph (A) shall include a 
                communications plan that ensures close coordination and 
                integration of Hub activities.
            (3) Selection.--
                    (A) In general.--The Secretary shall select 
                consortia for awards for the establishment and 
                operation of Hubs through a competitive selection 
                process.
                    (B) Considerations.--In selecting consortia under 
                subparagraph (A), the Secretary shall consider--
                            (i) any existing facilities a consortium 
                        has identified to be used for Hub activities;
                            (ii) maintaining geographic diversity in 
                        locations of selected Hubs;
                            (iii) the demonstrated ability of the 
                        recipient to conduct and support 
                        multidisciplinary, collaborative research, 
                        development, demonstration, standardized design 
                        development, and commercial application of 
                        innovative materials;
                            (iv) the demonstrated research, technology 
                        transfer, and education resources available to 
                        the recipient to carry out this section;
                            (v) the ability of the recipient to provide 
                        leadership in solving immediate and long-range 
                        national and regional transportation problems 
                        related to innovative materials;
                            (vi) the demonstrated ability of the 
                        recipient to disseminate results and spur the 
                        implementation of transportation research and 
                        education programs through national or 
                        statewide continuing education programs;
                            (vii) the demonstrated commitment of the 
                        recipient to the use of peer review principles 
                        and other research best practices in the 
                        selection, management, and dissemination of 
                        research projects;
                            (viii) the performance metrics to be used 
                        in assessing the performance of the recipient 
                        in meeting the stated research, technology 
                        transfer, education, and outreach goals; and
                            (ix) the ability of the recipient to 
                        implement the proposed program in a cost-
                        efficient manner, including through cost 
                        sharing and overall reduced overhead, 
                        facilities, and administrative costs.
            (4) Transparency.--
                    (A) In general.--The Secretary shall provide to 
                each applicant, upon request, any materials, including 
                copies of reviews (with any information that would 
                identify a reviewer redacted), used in the evaluation 
                process of the proposal of the applicant.
                    (B) Reports.--The Secretary shall submit to the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on 
                Environment and Public Works of the Senate a report 
                describing the overall review process under paragraph 
                (2), given the considerations under paragraph (3), that 
                includes--
                            (i) specific criteria of evaluation used in 
                        the review;
                            (ii) descriptions of the review process; 
                        and
                            (iii) explanations of the selected awards.
    (c) Authorization.--There is authorized to be appropriated to carry 
out this section such sums as may be necessary and such sums shall 
remain available for a period of 3 years after the last day of the 
fiscal year in which such sums were made available.
    (d) Hub Operations.--
            (1) In general.--Each Hub shall conduct, or provide for, 
        multidisciplinary, collaborative research, development, 
        demonstration, and commercial application of innovative 
        materials.
            (2) Activities.--Each Hub shall--
                    (A) encourage collaboration and communication among 
                the member qualifying entities of the consortium, as 
                described in subsection (b)(1), and awardees;
                    (B) develop and publish proposed plans and programs 
                on a publicly accessible website;
                    (C) submit to the Department of Transportation an 
                annual report summarizing the activities of the Hub, 
                including information--
                            (i) detailing organizational expenditures; 
                        and
                            (ii) describing each project undertaken by 
                        the Hub, as it relates to conducting and 
                        supporting multidisciplinary, collaborative 
                        research, development, demonstration, 
                        standardized design development, and commercial 
                        application of innovative materials; and
                    (D) monitor project implementation and 
                coordination.
            (3) Conflicts of interest.--Each Hub shall maintain 
        conflict of interest procedures, consistent with the conflict 
        of interest procedures of the Department of Transportation.
            (4) Prohibition on construction and renovation.--
                    (A) In general.--No funds provided under this 
                section may be used for construction or renovation of 
                new buildings, test beds, or additional facilities for 
                Hubs.
                    (B) Non-federal share.--Construction of new 
                buildings or facilities shall not be considered as part 
                of the non-Federal share of a Hub cost-sharing 
                agreement.
    (e) Applicability.--The Secretary shall administer this section in 
accordance with section 330 of title 49, United States Code.
    (f) Definitions.--In this section:
            (1) Hub.--The term ``Hub'' means an Innovative Material 
        Innovation Hub established under this section.
            (2) Qualifying entity.--The term ``qualifying entity'' 
        means--
                    (A) an institution of higher education (as such 
                term is defined in section 101(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1001(a)));
                    (B) an appropriate Federal or State entity, 
                including a federally funded research and development 
                center of the Department of Transportation;
                    (C) a university transportation center under 
                section 5505 of title 49, United States Code; and
                    (D) a research and development entity in existence 
                on the date of enactment of this Act focused on 
                innovative materials that the Secretary determines to 
                be similar in scope and intent to a Hub under this 
                section.
            (3) Innovative material.--The term ``innovative material'', 
        with respect to an infrastructure project, includes materials 
        or combinations and processes for use of materials that enhance 
        the overall service life, sustainability, and resiliency of the 
        project or provide ancillary benefits relative to widely 
        adopted state of practice technologies, as determined by the 
        Secretary.

SEC. 5110. STRATEGIC TRANSPORTATION RESEARCH AGENDA.

    (a) In General.--Subchapter 1 of chapter 55 of title 49, United 
States Code, as amended, is further amended by adding at the end the 
following:

``SEC. 5509. STRATEGIC TRANSPORTATION RESEARCH AGENDA.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this section, the Secretary shall enter into an agreement 
with the National Academies to undertake a study of the research needs 
of the surface transportation system to fully adapt and integrate 
advanced technologies and innovation. The focus areas of the study 
shall include--
            ``(1) connected and autonomous technologies;
            ``(2) incorporating safety-related technologies;
            ``(3) addressing infrastructure resiliency;
            ``(4) multimodal connectivity;
            ``(5) data gathering of travel behavior, including the 
        public's short and long-term responses to transformational 
        technologies;
            ``(6) impacts of private-sector transportation product 
        development on society and the traditional research enterprise;
            ``(7) support for a public-sector culture of transportation 
        innovation and acceleration of federally funded research into 
        practice, codes, and standards; and
            ``(8) fostering development of transportation educators and 
        transportation professionals.
    ``(b) Report.--The agreement entered into under this section shall 
require the National Academies to submit to Congress a report 
containing the results of the study not later than 2 years after the 
date of enactment of this section.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,500,000 for fiscal year 
2022.''.
    (b) Conforming Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``5509. Strategic transportation research agenda.''.

SEC. 5111. ADVANCED TRANSPORTATION RESEARCH AND INNOVATION PROGRAM.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, as amended, is further amended by adding at the end the 
following:
``Sec. 5510. Advanced transportation research and innovation program.
    ``(a) Establishment.--The Secretary of Transportation shall 
establish an advanced transportation research and innovation program, 
to be administered by the Assistant Secretary of Research and 
Technology, to--
            ``(1) support research that addresses the long-term 
        barriers to development of advanced transportation technologies 
        with the potential to meet the Nation's long-term safety, 
        competitiveness, and transportation goals;
            ``(2) support high-risk research and development to 
        accelerate transformational transportation innovations and 
        emerging technology development;
            ``(3) advance research and development that improves the 
        resilience of regions of the United States to natural 
        disasters, extreme weather, and the effects of climate change 
        on modal and multimodal transportation and infrastructure;
            ``(4) leverage Federal interagency research mechanisms and 
        the academic research enterprise;
            ``(5) educate and train students in science, technology, 
        engineering, and mathematics fields to conduct research and 
        standards development relevant to transportation technologies, 
        materials, systems, operations, processes, and policies; and
            ``(6) fostering collaboration among federal researchers and 
        academic researchers.
    ``(b) Collaboration.--
            ``(1) Interagency collaboration.--In carrying out this 
        section, the Secretary shall collaborate on, identify, and 
        disseminate within the Department, as appropriate, advanced 
        transportation research, development, and other activities of 
        other Federal agencies, including the Office of Science and 
        Technology Policy, the National Science Foundation, the 
        Department of Energy, the National Institute of Standards and 
        Technology, the Department of Homeland Security, the National 
        Aeronautics and Space Administration, the National Oceanic and 
        Atmospheric Administration, and the Department of Defense to 
        ensure the Department's research investments are making the 
        best possible contribution to the Nation's goals of public 
        health and safety, economic prosperity, national security, 
        environmental quality, and a diverse transportation workforce.
            ``(2) Non-governmental collaboration.--In carrying out this 
        section, the Secretary shall collaborate with labor 
        organizations, as appropriate.
    ``(c) Research Grants.--In carrying out this section, the Secretary 
may carry out the activities described under subsection (a) through--
            ``(1) competitive, merit-based basic research grants to 
        individual investigators and teams of investigators; and
            ``(2) centers of excellence selected through a competitive, 
        merit-based process.
    ``(d) Application.--
            ``(1) In general.--An investigator, team of investigators, 
        or an institution of higher education (or consortium thereof) 
        seeking funding under this section shall submit an application 
        to the Secretary at such time, in such manner, and containing 
        such information as the Secretary may require.
            ``(2) Research centers.--Each application under paragraph 
        (1) from an institution of higher education (or consortium 
        thereof) shall include a description of how the Center will 
        promote multidisciplinary transportation research and 
        development collaboration.
    ``(e) Research.--At a minimum, the Secretary shall award 75 percent 
of awards under this program to projects for basic research.
    ``(f) Review.--Not later than September 30, 2025, the Secretary 
shall enter into an agreement with the National Academies to conduct a 
review of the research and activities carried out under this program 
and assess whether such activities are consistent with subsection (a). 
Members of the review panel shall represent, at a minimum, multimodal 
surface transportation researchers and practitioners.
    ``(g) Report.--Not later than 1 year after the date of enactment of 
the INVEST in America Act, and biennially thereafter, the Secretary 
shall provide to the Committee on Commerce, Science, and Transportation 
and Environment and Public Works of the Senate and the Committee on 
Transportation and Infrastructure and the Committee on Science, Space, 
and Technology of the House of Representatives a report on 
implementation of the program under this section and research areas 
that the program will support.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000 for each of fiscal 
years 2022 through 2025.''.
    (b) Conforming Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``5510. Advanced transportation research and innovation program.''.

SEC. 5112. INTERAGENCY INNOVATIVE MATERIALS STANDARDS TASK FORCE.

    (a) Purposes.--The purposes of this section shall be--
            (1) to encourage the research, design, and use of 
        innovative materials, in concert with traditional materials, 
        and associated techniques in the construction and preservation 
        of the domestic infrastructure network;
            (2) to accelerate the deployment and extend the service 
        life, improve the performance, and reduce the cost of 
        infrastructure projects; and
            (3) to improve the economy, resilience, maintainability, 
        sustainability, and safety of the domestic infrastructure 
        network.
    (b) Establishment.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director of the National Institute 
        of Standards and Technology shall establish an Interagency 
        Innovative Materials Standards Task Force (referred to in this 
        section as the ``Task Force'') composed of the heads of Federal 
        agencies responsible for significant civil infrastructure 
        projects, including the Administrator of the Federal Highway 
        Administration.
            (2) Chairperson.--The Director of the National Institute of 
        Standards and Technology shall serve as Chairperson of the Task 
        Force.
    (c) Duties.--The Task Force shall coordinate and improve, with 
respect to infrastructure construction, retrofitting, rehabilitation, 
and other improvements--
            (1) Federal testing standards;
            (2) Federal design and use guidelines;
            (3) Federal regulations; and
            (4) other applicable standards and performance and 
        sustainability metrics.
    (d) Report.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Task Force shall conduct, and submit 
        to the appropriate committees of Congress a report that 
        describes the results of, a study--
                    (A) to assess the standards and performance metrics 
                for the use of innovative materials in infrastructure 
                projects;
                    (B) to identify any barriers, regulatory or 
                otherwise, relating to the standards described in 
                subparagraph (A) that preclude the use of certain 
                products or associated techniques; and
                    (C) to identify opportunities for the development 
                of standardized designs and materials genome approaches 
                that design and use innovative materials to reduce 
                costs, improve performance and sustainability, and 
                extend the service life of infrastructure assets.
            (2) Report.--The report under paragraph (1) shall--
                    (A) identify any non-Federal entities or other 
                organizations, including the American Association of 
                State Highway and Transportation Officials, that 
                develop relevant standards; and
                    (B) outline a strategy to improve coordination and 
                information sharing between the entities described in 
                subparagraph (A) and any relevant Federal agencies.
    (e) Improved Coordination.--Not later than 2 years after the date 
of enactment of this Act, the Task Force shall collaborate with any 
non-Federal entity identified under subsection (d)(2)(A)--
            (1) to identify and carry out appropriate research, testing 
        methods, and processes relating to the development and use of 
        innovative materials;
            (2) to develop new methods and processes relating to the 
        development and use of innovative materials, as the applicable 
        agency head determines to be necessary;
            (3) to contribute to the development of standards, 
        performance metrics, and guidelines for the use of innovative 
        materials and approaches in civil infrastructure projects;
            (4) to develop a plan for addressing potential barriers, 
        regulatory or otherwise, identified in subsection (d)(1)(B); 
        and
            (5) to develop a plan for the development of standardized 
        designs that use innovative materials to reduce costs, improve 
        performance and sustainability, and extend the service life of 
        infrastructure assets.
    (f) Innovative Material Defined.--In this section, the term 
``innovative material'', with respect to an infrastructure project, 
includes those materials or combinations and processes for use of 
materials that enhance the overall service life, sustainability, and 
resiliency of the project or provide ancillary benefits relative to 
widely adopted state of practice technologies, as determined by the 
appropriate Secretary or agency head.

SEC. 5113. TRANSPORTATION EQUITY RESEARCH PROGRAM.

    (a) In General.--The Secretary of Transportation shall carry out a 
transportation equity research program for research and demonstration 
activities that focus on the impacts that surface transportation 
planning, investment, and operations have on low-income populations, 
minority populations, women, and other underserved populations that may 
be dependent on public transportation. Such activities shall include 
research on surface transportation equity issues, the development of 
strategies to advance economic and community development in public 
transportation-dependent populations, and the development of training 
programs that promote the employment of low-income populations, 
minority populations, women, and other underserved populations on 
Federal-aid transportation projects constructed in their communities.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for each of fiscal 
years 2022 through 2025.
    (c) Availability of Amounts.--Amounts made available to the 
Secretary to carry out this section shall remain available for a period 
of 3 years beginning after the last day of the fiscal year for which 
the amounts are authorized.

                   Subtitle B--Technology Deployment

SEC. 5201. TECHNOLOGY AND INNOVATION DEPLOYMENT PROGRAM.

    Section 503(c) of title 23, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A) by inserting ``, while 
                considering the impacts on jobs'' after 
                ``transportation community'';
                    (B) in subparagraph (D) by striking ``; and'' and 
                inserting a semicolon;
                    (C) in subparagraph (E) by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(F) reducing greenhouse gas emissions and 
                limiting the effects of climate change.''; and
            (2) in paragraph (2)(A) by striking the period and 
        inserting ``and findings from the materials to reduce 
        greenhouse gas emissions program under subsection (d).''.

SEC. 5202. ACCELERATED IMPLEMENTATION AND DEPLOYMENT OF PAVEMENT 
              TECHNOLOGIES.

    Section 503(c)(3) of title 23, United States Code, is amended--
            (1) in subparagraph (B)--
                    (A) in clause (v) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in clause (vi) by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vii) the deployment of innovative 
                        pavement designs, materials, and practices that 
                        reduce or sequester the amount of greenhouse 
                        gas emissions generated during the production 
                        of highway materials and the construction of 
                        highways, with consideration for findings from 
                        the materials to reduce greenhouse gas 
                        emissions program under subsection (d).'';
            (2) in subparagraph (C) by striking ``fiscal years 2016 
        through 2020'' and inserting ``fiscal years 2022 through 
        2025''; and
            (3) in subparagraph (D)(ii)--
                    (A) in subclause (III) by striking ``; and'' and 
                inserting a semicolon;
                    (B) in subclause (IV) by striking the period and 
                inserting a semicolon; and
                    (C) by adding at the end the following:
                                    ``(V) pavement monitoring and data 
                                collection practices;
                                    ``(VI) pavement durability and 
                                resilience;
                                    ``(VII) stormwater management;
                                    ``(VIII) impacts on vehicle 
                                efficiency;
                                    ``(IX) the energy efficiency of the 
                                production of paving materials and the 
                                ability of paving materials to enhance 
                                the environment and promote 
                                sustainability;
                                    ``(X) integration of renewable 
                                energy in pavement designs; and
                                    ``(XI) greenhouse gas emissions 
                                reduction, including findings from the 
                                materials to reduce greenhouse gas 
                                emissions program under subsection 
                                (d).''.

SEC. 5203. FEDERAL HIGHWAY ADMINISTRATION EVERY DAY COUNTS INITIATIVE.

    (a) In General.--Chapter 5 of title 23, United States Code, is 
amended by adding at the end the following:
``Sec. 520. Every Day Counts initiative
    ``(a) In General.--It is in the national interest for the 
Department of Transportation, State departments of transportation, and 
all other recipients of Federal surface transportation funds--
            ``(1) to identify, accelerate, and deploy innovation aimed 
        at expediting project delivery;
            ``(2) enhancing the safety of the roadways of the United 
        States, and protecting the environment;
            ``(3) to ensure that the planning, design, engineering, 
        construction, and financing of transportation projects is done 
        in an efficient and effective manner;
            ``(4) to promote the rapid deployment of proven solutions 
        that provide greater accountability for public investments and 
        encourage greater private sector involvement; and
            ``(5) to create a culture of innovation within the highway 
        community.
    ``(b) Every Day Counts Initiative.--To advance the policy described 
in subsection (a), the Administrator of the Federal Highway 
Administration shall continue the Every Day Counts initiative to work 
with States, local transportation agencies, all other recipients of 
Federal surface transportation funds, and industry stakeholders, 
including labor representatives, to identify and deploy proven 
innovative practices and products that--
            ``(1) accelerate innovation deployment;
            ``(2) expedite the project delivery process;
            ``(3) improve environmental sustainability;
            ``(4) enhance roadway safety;
            ``(5) reduce congestion; and
            ``(6) reduce greenhouse gas emissions.
    ``(c) Considerations.--In carrying out the Every Day Counts 
initiative, the Administrator shall consider any innovative practices 
and products in accordance with subsections (a) and (b), including--
            ``(1) research results from the university transportation 
        centers program under section 5505 of title 49; and
            ``(2) results from the materials to reduce greenhouse gas 
        emissions program in section 503(d).
    ``(d) Innovation Deployment.--
            ``(1) In general.--At least every 2 years, the 
        Administrator shall work collaboratively with stakeholders to 
        identify a new collection of innovations, best practices, and 
        data to be deployed to highway stakeholders through case 
        studies, outreach, and demonstration projects.
            ``(2) Requirements.--In identifying a collection described 
        in paragraph (1), the Secretary shall take into account market 
        readiness, impacts, benefits, and ease of adoption of the 
        innovation or practice.
    ``(e) Publication.--Each collection identified under subsection (d) 
shall be published by the Administrator on a publicly available 
website.
    ``(f) Funding.--The Secretary may use funds made available to carry 
out section 503(c) to carry out this section.''.
    (b) Clerical Amendment.--The analysis for chapter 5 of title 23, 
United States Code, is amended by adding at the end the following new 
item:

``520. Every Day Counts initiative.''.
    (c) Repeal.--Section 1444 of the FAST Act (23 U.S.C. 101 note), and 
the item related to such section in the table of contents in section 
1(b) of such Act, are repealed.

                   Subtitle C--Emerging Technologies

SEC. 5301. SAFE, EFFICIENT MOBILITY THROUGH ADVANCED TECHNOLOGIES.

    Section 503(c)(4) of title 23, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``Not later than 6 months after the 
                date of enactment of this paragraph, the'' and 
                inserting ``The'';
                    (B) by striking ``establish an advanced 
                transportation and congestion management technologies 
                deployment'' and inserting ``establish a safe, 
                efficient mobility through advanced technologies'';
                    (C) by inserting ``mobility,'' before 
                ``efficiency,''; and
                    (D) by inserting ``environmental impacts,'' after 
                ``system performance,'';
            (2) in subparagraph (B)--
                    (A) by striking clause (i) and inserting the 
                following:
                            ``(i) reduce costs, improve return on 
                        investments, and improve person throughput and 
                        mobility, including through the optimization of 
                        existing transportation capacity;'';
                    (B) in clause (iv) by inserting ``bicyclist and'' 
                before ``pedestrian'';
                    (C) in clause (vii) by striking ``; or'' and 
                inserting a semicolon;
                    (D) in clause (viii)--
                            (i) by striking ``accelerate'' and 
                        inserting ``prepare for''; and
                            (ii) by striking the period and inserting 
                        ``; or''; and
                    (E) by adding at the end the following:
                            ``(ix) reduce greenhouse gas emissions and 
                        limit the effects of climate change.'';
            (3) in subparagraph (C)--
                    (A) in clause (ii)(II)(aa) by striking 
                ``congestion'' and inserting ``congestion and delays, 
                greenhouse gas emissions''; and
                    (B) by adding at the end the following:
                            ``(iii) Considerations.--An application 
                        submitted under this paragraph may include a 
                        description of how the proposed project would 
                        support the national goals described in section 
                        150(b), the achievement of metropolitan and 
                        statewide targets established under section 
                        150(d), or the improvement of transportation 
                        system access consistent with section 150(f), 
                        including through--
                                    ``(I) the congestion and on-road 
                                mobile-source emissions performance 
                                measure established under section 
                                150(c)(5); or
                                    ``(II) the greenhouse gas emissions 
                                performance measure established under 
                                section 150(c)(7).'';
            (4) in subparagraph (D) by adding at the end the following:
                            ``(iv) Prioritization.--In awarding a grant 
                        under this paragraph, the Secretary shall 
                        prioritize projects that, in accordance with 
                        the criteria described in subparagraph (B)--
                                    ``(I) improve person throughput and 
                                mobility, including through the 
                                optimization of existing transportation 
                                capacity;
                                    ``(II) deliver environmental 
                                benefits;
                                    ``(III) reduce the number and 
                                severity of traffic accidents and 
                                increase driver, passenger, and 
                                bicyclist and pedestrian safety; or
                                    ``(IV) reduce greenhouse gas 
                                emissions.
                            ``(v) Grant distribution.--The Secretary 
                        shall award not fewer than 3 grants under this 
                        paragraph based on the potential of the project 
                        to reduce the number and severity of traffic 
                        crashes and increase, driver, passenger, and 
                        bicyclist and pedestrian safety.'';
            (5) in subparagraph (E)--
                    (A) in clause (vi)--
                            (i) by inserting ``, vehicle-to-
                        pedestrian,'' after ``vehicle-to-vehicle''; and
                            (ii) by inserting ``systems to improve 
                        vulnerable road user safety,'' before 
                        ``technologies associated with'' ; and
                    (B) in clause (ix) by inserting ``, including 
                activities under section 5316 of title 49'' after 
                ``disabled individuals'';
            (6) by striking subparagraph (G) and inserting the 
        following:
                    ``(G) Reporting.--
                            ``(i) Applicability of law.--The program 
                        under this paragraph shall be subject to the 
                        accountability and oversight requirements in 
                        section 106(m).
                            ``(ii) Report.--Not later than 1 year after 
                        the date that the first grant is awarded under 
                        this paragraph, and each year thereafter, the 
                        Secretary shall make available to the public on 
                        a website a report that describes the 
                        effectiveness of grant recipients in meeting 
                        their projected deployment plans, including 
                        data provided under subparagraph (F) on how the 
                        program has--
                                    ``(I) reduced traffic-related 
                                fatalities and injuries;
                                    ``(II) reduced traffic congestion 
                                and improved travel time reliability;
                                    ``(III) reduced transportation-
                                related emissions;
                                    ``(IV) optimized multimodal system 
                                performance;
                                    ``(V) improved access to 
                                transportation alternatives;
                                    ``(VI) provided the public with 
                                access to real-time integrated traffic, 
                                transit, and multimodal transportation 
                                information to make informed travel 
                                decisions;
                                    ``(VII) provided cost savings to 
                                transportation agencies, businesses, 
                                and the traveling public;
                                    ``(VIII) created or maintained 
                                transportation jobs and supported 
                                transportation workers; or
                                    ``(IX) provided other benefits to 
                                transportation users and the general 
                                public.
                            ``(iii) Considerations.--If applicable, the 
                        Secretary shall ensure that the activities 
                        described in subclauses (I) and (IV) of clause 
                        (ii) reflect--
                                    ``(I) any information described in 
                                subparagraph (C)(iii) that is included 
                                by an applicant; or
                                    ``(II) the project prioritization 
                                guidelines under subparagraph 
                                (D)(iv).'';
            (7) in subparagraph (I) by striking ``(i) In general'' and 
        all that follows through ``the Secretary may set aside'' and 
        inserting ``Of the amounts made available to carry out this 
        paragraph, the Secretary may set aside'';
            (8) in subparagraph (J) by striking the period at the end 
        and inserting ``, except that the Federal share of the cost of 
        a project for which a grant is awarded under this paragraph 
        shall not exceed 80 percent.'';
            (9) in subparagraph (K) by striking ``amount described 
        under subparagraph (I)'' and inserting ``funds made available 
        to carry out this paragraph'';
            (10) by striking subparagraph (M) and inserting the 
        following:
                    ``(M) Grant flexibility.--If, by August 1 of each 
                fiscal year, the Secretary determines that there are 
                not enough grant applications that meet the 
                requirements described in subparagraph (C) to carry out 
                this paragraph for a fiscal year, the Secretary shall 
                transfer to the technology and innovation deployment 
                program--
                            ``(i) any of the funds made available to 
                        carry out this paragraph in a fiscal year that 
                        the Secretary has not yet awarded under this 
                        paragraph; and
                            ``(ii) an amount of obligation limitation 
                        equal to the amount of funds that the Secretary 
                        transfers under clause (i).''; and
            (11) in subparagraph (N)--
                    (A) in clause (i) by inserting ``an urbanized area 
                with'' before ``a population of''; and
                    (B) in clause (iii) by striking ``a any'' and 
                inserting ``any''.

SEC. 5302. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM.

    (a) Use of Funds for ITS Activities.--Section 513(c)(1) of title 
23, United States Code, is amended by inserting ``greenhouse gas 
emissions reduction,'' before ``and congestion management''.
    (b) Goals and Purposes.--Section 514(a) of title 23, United States 
Code, is amended--
            (1) in paragraph (6) by striking ``national freight policy 
        goals'' and inserting ``national multimodal freight policy 
        goals and activities described in subtitle IX of title 49'';
            (2) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) reduction of greenhouse gas emissions and mitigation 
        of the effects of climate change;''.
    (c) General Authorities and Requirements.--Section 515(h) of title 
23, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) by striking ``20 members'' and inserting ``25 
                members'';
                    (B) in subparagraph (A) by striking ``State highway 
                department'' and inserting ``State department of 
                transportation'';
                    (C) in subparagraph (B) by striking ``local highway 
                department'' and inserting ``local department of 
                transportation'';
                    (D) by striking subparagraphs (E), (F), (G), (H), 
                (I), and (J) and inserting the following:
                    ``(E) a private sector representative of the 
                intelligent transportation systems industry;
                    ``(F) a representative from an advocacy group 
                concerned with safety, including bicycle and pedestrian 
                interests;
                    ``(G) a representative from a labor organization; 
                and'';
                    (E) by redesignating subparagraph (K) as 
                subparagraph (H); and
                    (F) by striking subparagraph (L);
            (2) in paragraph (3)--
                    (A) in subparagraph (A) by striking ``section 508'' 
                and inserting ``section 6503 of title 49'';
                    (B) in subparagraph (B)--
                            (i) in clause (ii)--
                                    (I) by inserting ``in both urban 
                                and rural areas'' after ``by users''; 
                                and
                                    (II) by striking ``; and'' and 
                                inserting a semicolon;
                            (ii) in clause (iii) by striking the period 
                        and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(iv) assess how Federal transportation 
                        resources, including programs under this title, 
                        are being used to advance intelligent 
                        transportation systems.''; and
                    (C) by adding at the end the following:
                    ``(C) Convene not less frequently than twice each 
                year, either in person or remotely.'';
            (3) in paragraph (4) by striking ``May 1'' and inserting 
        ``April 1''; and
            (4) in paragraph (5) by inserting ``, except that section 
        14 of such Act shall not apply'' before the period at the end.
    (d) Research and Development.--Section 516(b) of title 23, United 
States Code, is amended--
            (1) by redesignating paragraphs (5), (6), and (7) as 
        paragraphs (6), (7), and (8), respectively; and
            (2) by inserting after paragraph (4) the following:
            ``(5) demonstrate reductions in greenhouse gas 
        emissions;''.

SEC. 5303. NATIONAL HIGHLY AUTOMATED VEHICLE AND MOBILITY INNOVATION 
              CLEARINGHOUSE.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is further amended by adding at the end the following:
``Sec. 5507. National highly automated vehicle and mobility innovation 
              clearinghouse
    ``(a) In General.--The Secretary shall make a grant to an 
institution of higher education engaged in research on the secondary 
impacts of highly automated vehicles and mobility innovation to--
            ``(1) operate a national highly automated vehicle and 
        mobility innovation clearinghouse;
            ``(2) collect, conduct, and fund research on the secondary 
        impacts of highly automated vehicles and mobility innovation;
            ``(3) make such research available on a public website; and
            ``(4) conduct outreach and dissemination of the information 
        described in this subsection to assist communities.
    ``(b) Definitions.--In this section:
            ``(1) Highly automated vehicle.--The term `highly automated 
        vehicle' means a motor vehicle that--
                    ``(A) is capable of performing the entire task of 
                driving (including steering, accelerating and 
                decelerating, and reacting to external stimulus) 
                without human intervention; and
                    ``(B) is designed to be operated exclusively by a 
                Level 3, Level 4, or Level 5 automated driving system 
                for all trips according to the recommended practice 
                standards published on June 15, 2018, by the Society of 
                Automotive Engineers International (J3016_201806) or 
                equivalent standards adopted by the Secretary with 
                respect to automated motor vehicles.
            ``(2) Mobility innovation.--The term `mobility innovation' 
        means an activity described in section 5316, including mobility 
        on demand and mobility as a service (as such terms are defined 
        in such section).
            ``(3) Institution of higher education.--The term 
        `institution of higher education' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            ``(4) Secondary impacts.--The term `secondary impacts' 
        means the impacts on land use, urban design, transportation 
        systems, real estate, accessibility, municipal budgets, social 
        equity, availability and quality of jobs, air quality and 
        climate, energy consumption, and the environment.''.
    (b) Clerical Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 5506, as added by this Act, the following:

``5507. National highly automated vehicle and mobility innovation 
                            clearinghouse.''.
    (c) Deadline for Clearinghouse.--The Secretary of Transportation 
shall ensure that the institution of higher education that receives the 
grant described in section 5507(a)(1) of title 49, United States Code, 
as added by subsection (a), shall establish the national highly 
automated vehicle clearinghouse described in such section not later 
than 180 days after the date of enactment of this Act.

SEC. 5304. STUDY ON SAFE INTERACTIONS BETWEEN AUTOMATED VEHICLES AND 
              ROAD USERS.

    (a) Purpose.--The purpose of this section shall be to ensure that 
the increasing deployment of automated vehicles does not jeopardize the 
safety of road users.
    (b) Study.--
            (1) Establishment.--Not later than 9 months after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        initiate a study on the ability of automated vehicles to safely 
        interact with other road users.
            (2) Contents.--In carrying out the study under paragraph 
        (1), the Secretary shall--
                    (A) examine the ability of automated vehicles to 
                safely interact with general road users, including 
                vulnerable road users;
                    (B) identify barriers to improving the safety of 
                interactions between automated vehicles and general 
                road users; and
                    (C) issue recommendations to improve the safety of 
                interactions between automated vehicles and general 
                road users, including, at a minimum--
                            (i) technology advancements with the 
                        potential to facilitate safer interactions 
                        between automated vehicles and general road 
                        users given the safety considerations in 
                        paragraph (3);
                            (ii) road user public awareness; and
                            (iii) improvements to transportation 
                        planning and road design.
            (3) Considerations.--In carrying out the study under 
        paragraph (1), the Secretary shall take into consideration 
        whether automated vehicles can safely operate within the 
        surface transportation system, including--
                    (A) the degree to which ordinary human behaviors 
                make it difficult for an automated vehicle to safely, 
                reliably predict human actions;
                    (B) unique challenges for automated vehicles in 
                urban and rural areas;
                    (C) the degree to which an automated vehicle is 
                capable of uniformly recognizing and responding to 
                individuals with disabilities and individuals of 
                different sizes, ages, races, and other varying 
                characteristics;
                    (D) for bicyclist, motorcyclist, and pedestrian 
                road users--
                            (i) the varying and non-standardized nature 
                        of bicyclist and pedestrian infrastructure in 
                        different locations;
                            (ii) the close proximity to motor vehicles 
                        within which bicyclists often operate, 
                        including riding in unprotected bike lanes and 
                        crossing lanes to make a left turn, and the 
                        risk of such close proximity; and
                            (iii) roadways that lack marked bicyclist 
                        infrastructure, particularly in midsized and 
                        rural areas, on which bicyclists often operate;
                    (E) for motorcyclist road users, the close 
                proximity to other motor vehicles within which 
                motorcyclists operate, including operating between 
                lanes of slow or stopped traffic; and
                    (F) depending on the level of automation of the 
                vehicle, the degree to which human intervention remains 
                necessary to safely operate an automated vehicle to 
                ensure the safety of general road users in 
                circumstances including--
                            (i) dangerous weather;
                            (ii) an electronic or system malfunction of 
                        the automated vehicle; and
                            (iii) a cybersecurity threat to the 
                        operation of the vehicle.
            (4) Public comment.--Before conducting the study under 
        paragraph (1), the Secretary shall provide an opportunity for 
        public comment on the study proposal.
    (c) Working Group.--
            (1) Establishment.--Not later than 6 months after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        establish a working group to assist in the development of the 
        study and recommendations under subsection (b).
            (2) Membership.--The working group established under 
        paragraph (1) shall include representation from--
                    (A) the National Highway Traffic Safety 
                Administration;
                    (B) State departments of transportation;
                    (C) local governments (other than metropolitan 
                planning organizations, as such term is defined in 
                section 134(b) of title 23, United States Code);
                    (D) transit agencies;
                    (E) metropolitan planning organizations (as such 
                term is defined in section 134(b) of title 23, United 
                States Code);
                    (F) bicycle and pedestrian safety groups;
                    (G) highway and automobile safety groups;
                    (H) truck safety groups;
                    (I) law enforcement officers and first responders;
                    (J) motor carriers and independent owner-operators;
                    (K) the road construction industry;
                    (L) labor organizations;
                    (M) academic experts on automated vehicle 
                technologies;
                    (N) manufacturers and developers of both passenger 
                and commercial automated vehicles;
                    (O) a motorcyclist rights group; and
                    (P) other industries and entities as the Secretary 
                determines appropriate.
            (3) Duties.--The working group established under paragraph 
        (1) shall assist the Secretary by, at a minimum--
                    (A) assisting in the development of the scope of 
                the study under subsection (b);
                    (B) reviewing the data and analysis from such 
                study;
                    (C) provide ongoing recommendations and feedback to 
                ensure that such study reflects the contents described 
                in paragraphs (2) and (3) of subsection (b); and
                    (D) providing input to the Secretary on 
                recommendations required under subsection (b)(2)(C).
            (4) Applicability of the federal advisory committee act.--
        The working group under this subsection shall be subject to the 
        Federal Advisory Committee Act (5 U.S.C. App.), except that 
        section 14 of such Act shall not apply.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate, and make publicly available, the study initiated under 
subsection (b), including recommendations for ensuring that automated 
vehicles safely interact with general road users.
    (e) Definitions.--In this section:
            (1) Automated vehicle.--The term ``automated vehicle'' 
        means a motor vehicle equipped with Level 3, Level 4, or Level 
        5 automated driving systems for all trips according to the 
        recommended practice standards published on June 15, 2018 by 
        the Society of Automotive Engineers International 
        (J3016_201806) or equivalent standards adopted by the Secretary 
        with respect to automated motor vehicles.
            (2) General road users.--The term ``general road users'' 
        means--
                    (A) motor vehicles driven by individuals;
                    (B) bicyclists and pedestrians;
                    (C) motorcyclists;
                    (D) workers in roadside construction zones;
                    (E) emergency response vehicles, including first 
                responders;
                    (F) vehicles providing local government services, 
                including street sweepers and waste collection 
                vehicles;
                    (G) law enforcement officers;
                    (H) personnel who manually direct traffic, 
                including crossing guards;
                    (I) users of shared micromobility (including 
                bikesharing and shared scooter systems); and
                    (J) other road users that may interact with 
                automated vehicles, as determined by the Secretary of 
                Transportation.
            (3) Vulnerable road user.--The term ``vulnerable road 
        user'' has the meaning given such term in section 148(a) of 
        title 23, United States Code.

SEC. 5305. NONTRADITIONAL AND EMERGING TRANSPORTATION TECHNOLOGY 
              COUNCIL.

    (a) In General.--Chapter 1 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 118. Nontraditional and Emerging Transportation Technology 
              Council
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a Nontraditional and Emerging Transportation Technology 
Council (hereinafter referred to as the `Council') in accordance with 
this section.
    ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of the 
        following officers of the Department of Transportation:
                    ``(A) The Secretary of Transportation.
                    ``(B) The Deputy Secretary of Transportation.
                    ``(C) The Under Secretary of Transportation for 
                Policy.
                    ``(D) The General Counsel of the Department of 
                Transportation.
                    ``(E) The Chief Information Officer of the 
                Department of Transportation.
                    ``(F) The Assistant Secretary for Research and 
                Technology.
                    ``(G) The Assistant Secretary for Budget and 
                Programs.
                    ``(H) The Administrator of the Federal Aviation 
                Administration.
                    ``(I) The Administrator of the Federal Highway 
                Administration.
                    ``(J) The Administrator of the Federal Motor 
                Carrier Safety Administration.
                    ``(K) The Administrator of the Federal Railroad 
                Administration.
                    ``(L) The Administrator of the Federal Transit 
                Administration.
                    ``(M) The Administrator of the Federal Maritime 
                Administration.
                    ``(N) The Administrator of the National Highway 
                Traffic Safety Administration.
                    ``(O) The Administrator of the Pipeline and 
                Hazardous Materials Safety Administration.
            ``(2) Additional members.--The Secretary may designate 
        additional members of the Department to serve as at-large 
        members of the Council.
            ``(3) Chair and vice chair.--The Secretary may designate 
        officials to serve as the Chair and Vice Chair of the Council 
        and of any working groups of the Council.
    ``(c) Duties.--The Council shall--
            ``(1) identify and resolve any jurisdictional or regulatory 
        gaps or inconsistencies associated with nontraditional and 
        emerging transportation technologies, modes, or projects 
        pending or brought before the Department to eliminate, so far 
        as practicable, impediments to the prompt and safe deployment 
        of new and innovative transportation technology, including with 
        respect to safety regulation and oversight, environmental 
        review, and funding issues;
            ``(2) coordinate the Department's internal oversight of 
        nontraditional and emerging transportation technologies, modes, 
        or projects and engagement with external stakeholders;
            ``(3) within applicable statutory authority other than this 
        paragraph, develop and establish department-wide processes, 
        solutions, and best practices for identifying, managing and 
        resolving issues regarding emerging transportation 
        technologies, modes, or projects pending or brought before the 
        Department; and
            ``(4) carry out such additional duties as the Secretary may 
        prescribe, to the extent consistent with this title, including 
        subsections (f)(2) and (g) of section 106.''.
    (b) Clerical Amendment.--The analysis for chapter 1 of title 49, 
United States Code, is amended by adding at the end the following:

``118. Nontraditional and Emerging Transportation Technology 
                            Council.''.

SEC. 5306. HYPERLOOP TRANSPORTATION.

    (a) In General.--Not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation, acting through 
the Nontraditional and Emerging Transportation Technology Council of 
the Department of Transportation, shall issue guidance to provide a 
clear regulatory framework for the safe deployment of hyperloop 
transportation.
    (b) Elements.--In developing the guidance under subsection (a), the 
Council shall--
            (1) consider safety, oversight, environmental, project 
        delivery, and other regulatory requirements prescribed by 
        various modal administrations in the Department;
            (2) clearly delineate between relevant authorities with 
        respect to hyperloop transportation in the Department and 
        provide project sponsors with a single point of access to the 
        Department to inquire about projects, plans, and proposals;
            (3) establish clear, coordinated procedures for the 
        regulation of hyperloop transportation projects; and
            (4) develop and establish department-wide processes, 
        solutions, and best practices for identifying, managing, and 
        resolving matters regarding hyperloop transportation subject to 
        the Department's jurisdiction.

SEC. 5307. SURFACE TRANSPORTATION WORKFORCE RETRAINING GRANT PROGRAM.

    (a) Establishment.--The Secretary of Transportation shall establish 
a program to make grants to eligible entities to develop a curriculum 
for and establish transportation workforce training programs in urban 
and rural areas to train, upskill, and prepare surface transportation 
workers, whose jobs may be changed or worsened by automation, who have 
been separated from their jobs, or who have received notice of 
impending job loss, as a result of being replaced by automated driving 
systems.
    (b) Eligible Entities.--The following entities shall be eligible to 
receive grants under this section:
            (1) Institutions of higher education.
            (2) Consortia of institutions of higher education.
            (3) Trade associations.
            (4) Nongovernmental stakeholders.
            (5) Organizations with a demonstrated capacity to develop 
        and provide career pathway programs through labor-management 
        partnerships and apprenticeships on a nationwide basis.
    (c) Limitation on Awards.--An entity may only receive one grant per 
fiscal year under this section for an amount determined appropriate by 
the Secretary.
    (d) Use of Funds.--
            (1) In general.--A recipient of a grant under this section 
        may only use grant amounts for developing and carrying out 
        direct surface transportation workforce retraining programs, 
        including--
                    (A) testing of new roles for existing jobs, 
                including mechanical work, diagnostic work, and fleet 
                operations management;
                    (B) coursework or curricula through which 
                participants may pursue a degree or certification;
                    (C) direct worker training or train-the-trainer 
                type programs in support of surface transportation 
                workers displaced by automated vehicles; or
                    (D) training and upskilling workers, including 
                current drivers and maintenance technicians, for 
                positions directly related to automated vehicle 
                operations.
            (2) Limitation.--Funds made available under this section 
        may not be used in support of programs to evaluate the 
        effectiveness of automated vehicle technologies.
    (e) Selection Criteria.--The Secretary shall select recipients of 
grants under this section based on the following criteria:
            (1) Demonstrated research resources available to the 
        applicant for carrying out this section.
            (2) Capability of the applicant to develop curricula in the 
        training or retraining of individuals described in subsection 
        (a) as a result of automated vehicles.
            (3) Demonstrated commitment of the recipient to carry out a 
        surface transportation workforce development program through 
        degree-granting programs or programs that provide other 
        industry-recognized credentials.
            (4) The ability of the applicant to fulfill the purposes 
        under subsection (a).
    (f) Eligibility.--An applicant is only eligible for a grant under 
this section if such applicant--
            (1) has an established surface transportation workforce 
        development program;
            (2) has expertise in solving surface transportation 
        problems through research, training, education, and technology;
            (3) actively shares information and results with other 
        surface transportation workforce development programs with 
        similar objectives;
            (4) has experience in establishing, developing and 
        administering a surface transportation-related apprenticeship 
        or training program with at least 5 years of demonstrable 
        results; and
            (5) agrees to make all curricula, research findings, or 
        other materials developed using grant funding under this 
        section publicly available.
    (g) Federal Share.--
            (1) In general.--The Federal share of a grant under this 
        section shall be a dollar for dollar match of the costs of 
        establishing and administering the retraining program and 
        related activities carried out by the grant recipient or 
        consortium of grant recipients.
            (2) Availability of funds.--For a recipient of a grant 
        under this section carrying out activities under such grant in 
        partnership with a public transportation agency that is 
        receiving funds under section 5307, 5337, or 5339 of title 49, 
        United States Code, not more than 0.5 percent of amounts made 
        available under any such section may qualify as the non-Federal 
        share under paragraph (1).
    (h) Reporting.--Not later than 60 days after grants are awarded in 
any fiscal year under this section, the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committees on Commerce, Science, and 
Transportation, Banking, Housing, and Urban Affairs, and Environment 
and Public Works of the Senate, and make publicly available, a report 
describing the activities and effectiveness of the program under this 
section.
            (1) Transparency.--The report under this subsection shall 
        include the following information on activities carried out 
        under this section:
                    (A) A list of all grant recipients under this 
                section.
                    (B) An explanation of why each recipient was chosen 
                in accordance with the selection criteria under 
                subsection (e) and the eligibility requirements under 
                subsection (f).
                    (C) A summary of activities carried out by each 
                recipient and an analysis of the progress of such 
                activities toward achieving the purposes under 
                subsection (a).
                    (D) An accounting for the use of Federal funds 
                expended in carrying out this section.
                    (E) An analysis of outcomes of the program under 
                this section.
            (2) Training information.--The report shall include the 
        following data on surface transportation workforce training:
                    (A) The sectors of the surface transportation 
                system from which workers are being displaced.
                    (B) The skills and professions for which workers 
                are being retrained.
                    (C) How many workers have benefitted from the grant 
                award.
                    (D) Relevant demographic information of impacted 
                workers.
    (i) Definitions.--For the purposes of this section, the following 
definitions apply:
            (1) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (2) Automated vehicle.--The term ``automated vehicle'' 
        means a motor vehicle that--
                    (A) is capable of performing the entire task of 
                driving (including steering, accelerating, and 
                decelerating, and reacting to external stimulus) 
                without human intervention; and
                    (B) is designed to be operated exclusively by a 
                Level 4 or Level 5 automated driving system for all 
                trips according to the recommended practice standards 
                published on June 15, 2018, by the Society of 
                Automotive Engineers International (J3016_201806) or 
                equivalent standards adopted by the Secretary with 
                respect to automated motor vehicles.
            (3) Public transportation.--The term ``public 
        transportation'' has the meaning given such term in section 
        5302 of title 49, United States Code.
    (j) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        $50,000,000 for each of fiscal years 2022 through 2025 to carry 
        out this section.
            (2) Availability of amounts.--Amounts made available to the 
        Secretary to carry out this section shall remain available for 
        a period of 3 years after the last day of the fiscal year for 
        which the amounts are authorized.

SEC. 5308. THIRD-PARTY DATA INTEGRATION PILOT PROGRAM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
and implement a pilot program (in this section referred to as the 
``program'') to leverage anonymous crowdsourced data from third-party 
entities to improve transportation management capabilities and 
efficiency on Federal-aid highways.
    (b) Goals.--The goals of the program include the utilization of 
anonymous crowdsourced data from third parties to implement integrated 
traffic management systems which leverage real-time data to provide 
dynamic and efficient traffic-flow management for purposes of--
            (1) adjusting traffic light cycle times to optimize traffic 
        management and decrease congestion;
            (2) expanding or contracting lane capacity to meet traffic 
        demand;
            (3) enhancing traveler notification of service conditions;
            (4) prioritizing high-priority vehicles such as emergency 
        response and law enforcement within the transportation system; 
        and
            (5) any other purposes which the Secretary deems an 
        appropriate use of anonymous user data.
    (c) Partnership.--In carrying out the program, the Secretary is 
authorized to enter into agreements with public and private sector 
entities to accomplish the goals listed in subsection (b).
    (d) Data Privacy and Security.--The Secretary shall ensure the 
protection of privacy for all sources of data utilized in the program, 
promoting cybersecurity to prevent hacking, spoofing, and disruption of 
connected and automated transportation systems.
    (e) Program Locations.--In carrying out the program, the Secretary 
shall initiate programs in a variety of areas, including urban, 
suburban, rural, tribal, or any other appropriate settings.
    (f) Best Practices.--Not later than 3 years after date of enactment 
of this Act, the Secretary shall publicly make available best practices 
to leverage private user data to support improved transportation 
management capabilities and efficiency, including--
            (1) legal considerations when acquiring private user data 
        for public purposes; and
            (2) protecting privacy and security of individual user 
        data.
    (g) Report.--The Secretary shall annually submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report detailing--
            (1) a description of the activities carried out under the 
        pilot program;
            (2) an evaluation of the effectiveness of the pilot program 
        in meeting goals descried in subsection (b);
            (3) policy recommendations to improve integration of 
        systems between public and private entities; and
            (4) a description of costs associated with equipping and 
        maintaining systems.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out the program.
    (i) Sunset.--On a date that is 5 years after the enactment of this 
Act, this program shall cease to be effective.

SEC. 5309. THIRD-PARTY DATA PLANNING INTEGRATION PILOT PROGRAM.

    (a) In General.--Not later than 180 days after enactment of this 
Act, the Secretary of Transportation shall establish and implement a 
pilot program (in this section referred to as the ``program'') to 
leverage anonymous crowdsourced data from third-party entities to 
improve transportation management capabilities and efficiency on 
Federal-aid highways.
    (b) Goals.--The goals of the program include the utilization of 
anonymous crowdsourced data from third parties to--
            (1) utilize private-user data to inform infrastructure 
        planning decisions for the purposes of--
                    (A) reducing congestion;
                    (B) decreasing miles traveled;
                    (C) increasing safety;
                    (D) improving freight efficiency;
                    (E) enhancing environmental conditions; and
                    (F) other purposes as the Secretary deems 
                necessary.
    (c) Partnership.--In carrying out the program, the Secretary is 
authorized to enter into agreements with public and private sector 
entities to accomplish the goals listed in subsection (b).
    (d) Data Privacy and Security.--The Secretary shall ensure the 
protection of privacy for all sources of data utilized in the program, 
promoting cybersecurity to prevent hacking, spoofing, and disruption of 
connected and automated transportation systems.
    (e) Program Locations.--In carrying out the program, the Secretary 
shall initiate programs in a variety of areas, including urban, 
suburban, rural, tribal, or any other appropriate settings.
    (f) Best Practices.--Not later than 3 years after date of enactment 
of this Act, the Secretary shall publicly make available best practices 
to leverage private user data to support improved transportation 
management capabilities and efficiency, including--
            (1) legal considerations when acquiring private user data 
        for public purposes; and
            (2) protecting privacy and security of individual user 
        data.
    (g) Report.--The Secretary shall annually submit a report to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a report detailing--
            (1) a description of the activities carried out under the 
        pilot program;
            (2) an evaluation of the effectiveness of the pilot program 
        in meeting goals descried in subsection (b); and
            (3) policy recommendations to improve the implementation of 
        anonymous crowdsourced data into planning decisions.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as are necessary to carry out the program.
    (i) Sunset.--On a date that is 5 years after the enactment of this 
Act, this program shall cease to be effective.

SEC. 5310. MULTIMODAL TRANSPORTATION DEMONSTRATION PROGRAM.

    (a) In General.--Subchapter 1 of chapter 55 of title 49, United 
States Code is amended by adding at the end the following:

``SEC. 5511. MULTIMODAL TRANSPORTATION DEMONSTRATION PROGRAM.

    ``(a) Establishment.--The Secretary of Transportation may establish 
a pilot program for the demonstration of advanced transportation 
technologies for surface transportation modes in small- and mid-sized 
communities by providing grants to entities to achieve the purposes of 
the national transportation research and development program described 
in section 6503.
    ``(b) Eligible Activities.--Activities eligible for funding under 
this section include data interoperability, mobility-on-demand, and 
micro-mobility projects to demonstrate first-mile transportation, last-
mile transportation, and any other activity as determined appropriate 
by the Secretary.
    ``(c) Joint Interagency Funding.--If determined appropriate by the 
Secretary, joint interagency funding for projects is authorized to 
support multimodal projects.
    ``(d) Eligibility.--Entities eligible to receive grants under this 
program include local transportation organizations and transit agencies 
serving a population of not more than 200,000 individuals, including 
communities of economic hardship and communities that experience 
transportation equity and accessibility issues.
    ``(e) Application.--
            ``(1) In general.--An entity seeking funding under this 
        section shall submit an application to the Secretary at such 
        time, in such manner, and containing such information as the 
        Secretary may require.
            ``(2) Collaboration.--Each application submitted under this 
        section shall describe how the applying entity will 
        collaborate, as appropriate, with institutions of higher 
        education, State and local governments, regional transportation 
        organizations, nonprofit organizations, labor organizations, 
        and private sector entities.
    ``(f) Authorization.--There is authorized to be appropriated to 
carry out activities under this section $30,000,000 for each of fiscal 
years 2022 through 2025.''.
    (b) Conforming Amendment.--The analysis for chapter 55 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``5511. Multimodal transportation demonstration program.''.

SEC. 5311. AUTOMATED COMMERCIAL VEHICLE REPORTING.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary of Transportation shall establish 
a repository for motor carriers, shippers, technology companies, and 
other entities to submit information to the Secretary on testing, 
demonstrations, or commercial operations of an automated commercial 
motor vehicle on public roads.
    (b) Information Required.--
            (1) Submissions.--Prior to the performance of any tests, 
        demonstrations, or commercial operations of automated 
        commercial motor vehicles on public roads, the Secretary shall 
        require an entity performing such tests, demonstrations, or 
        commercial operations to provide the following information:
                    (A) The name of the entity responsible for the 
                operation of the automated commercial motor vehicles to 
                be used in the test, demonstration, or commercial 
                operation.
                    (B) The make and model of such vehicle or vehicles.
                    (C) The level of automation of such vehicle or 
                vehicles, according to the standards described in 
                subsection (e)(1).
                    (D) The expected weight of such vehicle during the 
                test, demonstration, or operation.
                    (E) The Department of Transportation number or 
                operating authority assigned to the entity described in 
                subparagraph (A), if applicable.
                    (F) The location of the testing, demonstration, or 
                commercial operation, including the anticipated route 
                of such vehicle, planned stops, and total anticipated 
                miles traveled.
                    (G) Any cargo or passengers to be transported in 
                such vehicle or vehicles, including whether the entity 
                is transporting such cargo or passengers under contract 
                with another entity.
                    (H) Documentation of training or certifications 
                provided to any drivers, monitors, or others involved 
                in the operation or control of the vehicle.
                    (I) Any fatigue management plans or work hour 
                limitations applicable to drivers or monitors.
                    (J) Notices provided to local law enforcement, 
                State departments of transportation, and related 
                entities, if applicable.
                    (K) Proof of insurance coverage.
            (2) Updates.--If an entity responsible for the operation of 
        an automated commercial motor vehicle submits incomplete or 
        inaccurate information pursuant to subsection (d), the entity 
        shall be given an opportunity to amend or correct the 
        submission within a reasonable timeframe.
            (3) Notification.--Upon submission of the information under 
        paragraph (1), the Secretary shall provide written notification 
        acknowledging receipt of the information and acknowledging that 
        the submitting entity will perform tests, demonstrations, or 
        commercial operations on public roads, as applicable.
    (c) Public Availability of Information.--
            (1) In general.--The Secretary shall make available 
        information on the prevalence of, characteristics of, and 
        geographic location of testing, demonstration, and commercial 
        operations of automated commercial motor vehicles on a publicly 
        accessible website of the Department of Transportation.
            (2) Protection of information.--Any data collected under 
        subsection (b) and made publicly available pursuant to this 
        subsection shall be made available in a manner that--
                    (A) precludes the connection of the data to any 
                individual motor carrier, shipper, company, or other 
                entity submitting data; and
                    (B) protects the privacy and confidentiality of 
                individuals, operators, and entities submitting the 
                data.
    (d) Crash Data.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall require entities to 
        submit information regarding safety incidents which occur 
        during the testing, demonstration, or commercial operation of 
        an automated commercial motor vehicle on public roads, 
        including--
                    (A) injuries and fatalities involving the automated 
                commercial motor vehicle;
                    (B) collisions or damage to persons or property as 
                a result of an automated commercial motor vehicle test, 
                demonstration, or commercial operation;
                    (C) any malfunction or issue with a safety critical 
                element of an automated commercial motor vehicle which 
                compromises the safety of the automated commercial 
                motor vehicle or other road users; and
                    (D) the mode of transportation used by any road 
                users involved in a safety critical incident, including 
                general road users as defined under section 5304 of 
                this Act.
            (2) Data availability.--The Secretary shall ensure that any 
        entity described under this section that has a Department of 
        Transportation number or operating authority from the Federal 
        Motor Carrier Safety Administration--
                    (A) shall be subject to safety monitoring and 
                oversight under the Compliance, Safety, and 
                Accountability program of the Federal Motor Carrier 
                Safety Administration; and
                    (B) shall be included when the Secretary restores 
                the public availability of relevant safety data under 
                such program under section 4202(b) of this Act.
    (e) Definitions.--In this section:
            (1) Automated commercial motor vehicle.--The term 
        ``automated commercial motor vehicle'' means a commercial motor 
        vehicle as such term is defined in section 31101 of title 49, 
        United States Code, that is designed to be operated exclusively 
        by a Level 3, Level 4, or Level 5 automated driving system for 
        all trips according to the recommended practice standards 
        published on June 15, 2018, by the Society of Automotive 
        Engineers International (J3016_201806) or equivalent standards 
        adopted by the Secretary with respect to automated motor 
        vehicles, while operating on public roads.
            (2) Safety critical element.--The term ``safety critical 
        element'' means both the hardware and software designed to 
        prevent, limit, control, mitigate, or respond to a change in 
        the vehicle's environment thereby allowing the vehicle to 
        prevent, avoid, or minimize a potential collision or other 
        safety incident on an automated commercial motor vehicle.

       Subtitle D--Surface Transportation Funding Pilot Programs

SEC. 5401. STATE SURFACE TRANSPORTATION SYSTEM FUNDING PILOTS.

    Section 6020 of the FAST Act (23 U.S.C. 503 note) is amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Eligibility.--
            ``(1) Application.--To be eligible for a grant under this 
        section, a State or group of States shall submit to the 
        Secretary an application in such form and containing such 
        information as the Secretary may require.
            ``(2) Eligible projects.--The Secretary may provide grants 
        to States or a group of States under this section for the 
        following projects:
                    ``(A) State pilot projects.--
                            ``(i) In general.--A pilot project to 
                        demonstrate a user-based alternative revenue 
                        mechanism in a State.
                            ``(ii) Limitation.--If an applicant has 
                        previously been awarded a grant under this 
                        section, such applicant's proposed pilot 
                        project must be comprised of core activities or 
                        iterations not substantially similar in manner 
                        or scope to activities previously carried out 
                        by the applicant with a grant for a project 
                        under this section.
                    ``(B) State implementation projects.--A project--
                            ``(i) to implement a user-based alternative 
                        revenue mechanism that collects revenue to be 
                        expended on projects for the surface 
                        transportation system of the State; or
                            ``(ii) that demonstrates progress towards 
                        implementation of a user-based alternative 
                        revenue mechanism, with consideration for 
                        previous grants awarded to the applicant under 
                        this section.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``2 or more 
                future''; and
                    (B) by adding at the end the following:
            ``(6) To test solutions to ensure the privacy and security 
        of data collected for the purpose of implementing a user-based 
        alternative revenue mechanism.'';
            (3) in subsection (d) by striking ``to test the design, 
        acceptance, and implementation of a user-based alternative 
        revenue mechanism'' and inserting ``to test the design and 
        acceptance of, or implement, a user-based alternative revenue 
        mechanism'';
            (4) in subsection (g) by striking ``50 percent'' and 
        inserting ``80 percent'';
            (5) in subsection (i)--
                    (A) in the heading by striking ``Biennial'' and 
                inserting ``Annual'';
                    (B) by striking ``2 years after the date of 
                enactment of this Act'' and inserting ``1 year after 
                the date of enactment of the INVEST in America Act'';
                    (C) by striking ``every 2 years thereafter'' and 
                inserting ``every year thereafter''; and
                    (D) by inserting ``and containing a determination 
                of the characteristics of the most successful 
                mechanisms with the highest potential for future 
                widespread deployment'' before the period at the end; 
                and
            (6) by striking subsections (j) and (k) and inserting the 
        following:
    ``(j) Funding.--Of amounts made available to carry out this 
section--
            ``(1) for fiscal year 2022, $17,500,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $17,500,000 
        shall be used to carry out projects under subsection (b)(2)(B);
            ``(2) for fiscal year 2023, $15,000,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $20,000,000 
        shall be used to carry out projects under subsection (b)(2)(B);
            ``(3) for fiscal year 2024, $12,500,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $22,500,000 
        shall be used to carry out projects under subsection (b)(2)(B); 
        and
            ``(4) for fiscal year 2025, $10,000,000 shall be used to 
        carry out projects under subsection (b)(2)(A) and $25,000,000 
        shall be used to carry out projects under subsection (b)(2)(B).
    ``(k) Funding Flexibility.--Funds made available in a fiscal year 
for making grants for projects under subsection (b)(2) that are not 
obligated in such fiscal year may be made available in the following 
fiscal year for projects under such subsection or for the national 
surface transportation system funding pilot under section 5402 of the 
INVEST in America Act.''.

SEC. 5402. NATIONAL SURFACE TRANSPORTATION SYSTEM FUNDING PILOT.

    (a) Establishment.--
            (1) In general.--The Secretary of Transportation, in 
        coordination with the Secretary of the Treasury, shall 
        establish a pilot program to demonstrate a national motor 
        vehicle per-mile user fee to restore and maintain the long-term 
        solvency of the Highway Trust Fund and achieve and maintain a 
        state of good repair in the surface transportation system.
            (2) Objectives.--The objectives of the pilot program are 
        to--
                    (A) test the design, acceptance, implementation, 
                and financial sustainability of a national per-mile 
                user fee;
                    (B) address the need for additional revenue for 
                surface transportation infrastructure and a national 
                per-mile user fee; and
                    (C) provide recommendations regarding adoption and 
                implementation of a national per-mile user fee.
    (b) Parameters.--In carrying out the pilot program established 
under subsection (a), the Secretary of Transportation, in coordination 
with the Secretary of the Treasury, shall--
            (1) provide different methods that volunteer participants 
        can choose from to track motor vehicle miles traveled;
            (2) solicit volunteer participants from all 50 States and 
        the District of Columbia;
            (3) ensure an equitable geographic distribution by 
        population among volunteer participants;
            (4) include commercial vehicles and passenger motor 
        vehicles in the pilot program; and
            (5) use components of, and information from, the States 
        selected for the State surface transportation system funding 
        pilot program under section 6020 of the FAST Act (23 U.S.C. 503 
        note).
    (c) Methods.--
            (1) Tools.--In selecting the methods described in 
        subsection (b)(1), the Secretary of Transportation shall 
        coordinate with entities that voluntarily provide to the 
        Secretary for use in the program any of the following vehicle-
        miles-traveled collection tools:
                    (A) Third-party on-board diagnostic (OBD-II) 
                devices.
                    (B) Smart phone applications.
                    (C) Telemetric data collected by automakers.
                    (D) Motor vehicle data obtained by car insurance 
                companies.
                    (E) Data from the States selected for the State 
                surface transportation system funding pilot program 
                under section 6020 of the FAST Act (23 U.S.C. 503 
                note).
                    (F) Motor vehicle data obtained from fueling 
                stations.
                    (G) Any other method that the Secretary considers 
                appropriate.
            (2) Coordination.--
                    (A) Selection.--The Secretary shall determine which 
                methods under paragraph (1) are selected for the pilot 
                program.
                    (B) Volunteer participants.--In a manner that the 
                Secretary considers appropriate, the Secretary shall 
                provide each selected method to each volunteer 
                participant.
    (d) Per-Mile User Fees.--For the purposes of the pilot program 
established in subsection (a), the Secretary of the Treasury shall 
establish on an annual basis--
            (1) for passenger vehicles and light trucks, a per-mile 
        user fee that is equivalent to--
                    (A) the average annual taxes imposed by sections 
                4041 and 4081 of the Internal Revenue Code of 1986 with 
                respect to gasoline or any other fuel used in a motor 
                vehicle (other than aviation gasoline or diesel), 
                divided by
                    (B) the total vehicle miles traveled by passenger 
                vehicles and light trucks; and
            (2) for medium- and heavy-duty trucks, a per-mile user fee 
        that is equivalent to--
                    (A) the average annual taxes imposed by sections 
                4041 and 4081 of such Code with respect to diesel fuel, 
                divided by
                    (B) the total vehicle miles traveled by medium- and 
                heavy-duty trucks.
        Taxes shall only be taken into account under the preceding 
        sentence to the extent taken into account in determining 
        appropriations to the Highway Trust Fund under section 9503(b) 
        of such Code, and the amount so determined shall be reduced to 
        account for transfers from such fund under paragraphs (3), (4), 
        and (5) of section 9503(c) of such Code.
    (e) Volunteer Participants.--The Secretary of Transportation, in 
coordination with the Secretary of the Treasury, shall--
            (1) ensure, to the extent practicable, that an appropriate 
        number of volunteer participants participate in the pilot 
        program; and
            (2) issue policies to--
                    (A) protect the privacy of volunteer participants; 
                and
                    (B) secure the data provided by volunteer 
                participants.
    (f) Advisory Board.--
            (1) In general.--The Secretary shall establish an advisory 
        board to assist with--
                    (A) advancing and implementing the pilot program 
                under this section;
                    (B) carrying out the public awareness campaign 
                under subsection (g); and
                    (C) developing the report under subsection (m).
            (2) Members.--The advisory board shall, at a minimum, 
        include the following entities, to be appointed by the 
        Secretary--
                    (A) State departments of transportation;
                    (B) any public or nonprofit entity that led a 
                surface transportation system funding alternatives 
                pilot project under section 6020 of the FAST Act (23 
                U.S.C. 503 note; Public Law 114-94) (as in effect on 
                the day before the date of enactment of this Act);
                    (C) representatives of the trucking industry, 
                including owner-operator independent drivers;
                    (D) data security experts with expertise in 
                personal privacy;
                    (E) academic experts on surface transportation;
                    (F) consumer advocates; and
                    (G) advocacy groups focused on equity.
    (g) Public Awareness Campaign.--
            (1) In general.--The Secretary of Transportation, with 
        guidance from the advisory board under subsection (f), may 
        carry out a public awareness campaign to increase public 
        awareness regarding a national per-mile user fee, including 
        distributing information related to the pilot program carried 
        out under this section, information from the State surface 
        transportation system funding pilot program under section 6020 
        of the FAST Act (23 U.S.C. 503 note), and information related 
        to consumer privacy.
            (2) Considerations.--In carrying out the public awareness 
        campaign under this subsection, the Secretary shall consider 
        issues unique to each State.
    (h) Revenue Collection.--The Secretary of the Treasury, in 
coordination with the Secretary of Transportation, shall establish a 
mechanism to collect per-mile user fees established under subsection 
(d) from volunteer participants. Such mechanism--
            (1) may be adjusted as needed to address technical 
        challenges; and
            (2) may allow third-party vendors to collect the per-mile 
        user fees and forward such fees to the Treasury.
    (i) Agreement.--The Secretary of Transportation may enter into an 
agreement with a volunteer participant containing such terms and 
conditions as the Secretary considers necessary for participation in 
the pilot program.
    (j) Limitation.--Any revenue collected through the mechanism 
established in subsection (h) shall not be considered a toll under 
section 301 of title 23, United States Code.
    (k) Highway Trust Fund.--The Secretary of the Treasury shall ensure 
that any revenue collected under subsection (h) is deposited into the 
Highway Trust Fund.
    (l) Refund.--Not more than 45 days after the end of each calendar 
quarter in which a volunteer participant has participated in the pilot 
program, the Secretary of the Treasury shall calculate and issue an 
equivalent refund to volunteer participants for applicable Federal 
motor fuel taxes under section 4041 and section 4081 of the Internal 
Revenue Code of 1986, the applicable battery tax under section 4111 of 
such Code, or both, if applicable.
    (m) Report to Congress.--Not later than 1 year after the date on 
which volunteer participants begin participating in the pilot program, 
and each year thereafter for the duration of the pilot program, the 
Secretary of Transportation and the Secretary of the Treasury shall 
submit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Environment and Public 
Works of the Senate a report that includes an analysis of--
            (1) whether the objectives described in subsection (a)(2) 
        were achieved;
            (2) how volunteer protections in subsection (e)(2) were 
        complied with;
            (3) whether per-mile user fees can maintain the long-term 
        solvency of the Highway Trust Fund and achieve and maintain a 
        state of good repair in the surface transportation system;
            (4) how the personal privacy of volunteers was maintained; 
        and
            (5) equity effects of the pilot program, including the 
        effects of the program on low-income commuters.
    (n) Sunset.--The pilot program established under this section shall 
expire on the date that is 4 years after the date on which volunteer 
participants begin participating in such program.
    (o) Definitions.--In this section, the following definitions apply:
            (1) Commercial vehicle.--The term ``commercial vehicle'' 
        has the meaning given the term commercial motor vehicle in 
        section 31101 of title 49, United States Code.
            (2) Highway trust fund.--The term ``Highway Trust Fund'' 
        means the Highway Trust Fund established under section 9503 of 
        the Internal Revenue Code of 1986.
            (3) Light truck.--The term ``light truck'' has the meaning 
        given the term in section 523.2 of title 49, Code of Federal 
        Regulations.
            (4) Medium- and heavy-duty truck.--The term ``medium- and 
        heavy-duty truck'' has the meaning given the term ``commercial 
        medium- and heavy-duty on-highway vehicle'' in section 32901(a) 
        of title 49, United States Code.
            (5) Per-mile user fee.--The term ``per-mile user fee'' 
        means a revenue mechanism that--
                    (A) is applied to road users operating motor 
                vehicles on the surface transportation system; and
                    (B) is based on the number of vehicle miles 
                traveled by an individual road user.
            (6) Volunteer participant.--The term ``volunteer 
        participant'' means--
                    (A) an owner or lessee of an individual private 
                motor vehicle who volunteers to participate in the 
                pilot program;
                    (B) a commercial vehicle operator who volunteers to 
                participate in the pilot program; or
                    (C) an owner of a motor vehicle fleet who 
                volunteers to participate in the pilot program.

                       Subtitle E--Miscellaneous

SEC. 5501. ERGONOMIC SEATING WORKING GROUP.

    (a) In General.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary of Transportation shall 
        convene a working group to examine the seating standards for 
        commercial drivers.
            (2) Members.--At a minimum, the working group shall 
        include--
                    (A) seat manufacturers;
                    (B) commercial vehicle manufacturers;
                    (C) transit vehicle manufacturers;
                    (D) labor representatives for the trucking 
                industry;
                    (E) representatives from organizations engaged in 
                collective bargaining on behalf of transit workers in 
                not fewer than three States; and
                    (F) musculoskeletal health experts.
    (b) Objectives.--The Secretary shall pursue the following 
objectives through the working group:
            (1) To identify health issues, including musculoskeletal 
        health issues, that afflict commercial drivers due to sitting 
        for long periods of time while on duty.
            (2) To identify the impact that commercial vehicle sizing, 
        design, and safety measures have on women in comparison to men, 
        and to identify designs that may improve the health and safety 
        of women drivers.
            (3) To identify research topics for further development and 
        best practices to improve seating.
            (4) To determine ways to incorporate improved seating into 
        manufacturing standards for public transit vehicles and 
        commercial vehicles.
    (c) Report.--
            (1) Submission.--Not later than 18 months after the date of 
        enactment of this Act, the working group shall submit to the 
        Secretary, the Committee on Transportation and Infrastructure 
        of the House of Representatives, and the Committee on Banking, 
        Housing, and Urban Affairs and the Committee on Commerce, 
        Science, and Transportation of the Senate a report on the 
        findings of the working group under this section and any 
        recommendations for the adoption of better ergonomic seating 
        for commercial drivers.
            (2) Publication.--Upon receipt of the report in paragraph 
        (1), the Secretary shall publish the report on a publicly 
        accessible website of the Department.
    (d) Applicability of Federal Advisory Committee Act.--The Advisory 
Committee shall be subject to the Federal Advisory Committee Act (5 
U.S.C. App.).

SEC. 5502. REPEAL OF SECTION 6314 OF TITLE 49, UNITED STATES CODE.

    (a) In General.--Section 6314 of title 49, United States Code, is 
repealed.
    (b) Conforming Amendments.--
            (1) Title analysis.--The analysis for chapter 63 of title 
        49, United States Code, is amended by striking the item 
        relating to section 6314.
            (2) Section 6307.--Section 6307(b) of title 49, United 
        States Code, is amended--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by striking ``or 
                        section 6314(b)'';
                            (ii) in subparagraph (B) by striking ``or 
                        section 6314(b)''; and
                            (iii) in subparagraph (C) by striking ``or 
                        section 6314(b)''; and
                    (B) in paragraph (2)(A) by striking ``or section 
                6314(b)''.

SEC. 5503. TRANSPORTATION WORKFORCE OUTREACH PROGRAM.

    (a) In General.--Subchapter I of chapter 55 of title 49, United 
States Code, is further amended by adding at the end the following:
``Sec. 5508. Transportation workforce outreach program
    ``(a) In General.--The Secretary shall establish and administer a 
transportation workforce outreach program that carries out a series of 
public service announcement campaigns during fiscal years 2022 through 
2026.
    ``(b) Purpose.--The purpose of each campaign carried out under the 
program shall be to achieve the following objectives:
            ``(1) Increase awareness of career opportunities in the 
        transportation sector, including aviation pilots, safety 
        inspectors, mechanics and technicians, maritime transportation 
        workers, air traffic controllers, flight attendants, truck 
        drivers, engineers, transit workers, railroad workers, and 
        other transportation professionals.
            ``(2) Increase diversity, including race, gender, 
        ethnicity, and socioeconomic status, of professionals in the 
        transportation sector.
    ``(c) Advertising.--The Secretary may use, or authorize the use of, 
funds available to carry out the program for the development, 
production, and use of broadcast, digital, and print media advertising 
and outreach in carrying out campaigns under this section.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated $5,000,000 for each fiscal 
years 2022 through 2026.''.
    (b) Clerical Amendment.--The table of sections for chapter 55 of 
subchapter I of title 49, United States Code, is further amended by 
inserting after the item relating to section 5507, as added by this 
Act, the following:

``5508. Transportation workforce outreach program.''.

SEC. 5504. ADVISORY COUNCIL ON TRANSPORTATION STATISTICS.

    Section 6305 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``The Director'' and all 
        that follows to the period and inserting ``Notwithstanding 
        section 418 of the FAA Reauthorization Act of 2018 (Public Law 
        115-254), not later than 6 months after the date of enactment 
        of the INVEST in America Act, the Director shall establish and 
        consult with an advisory council on transportation 
        statistics.''; and
            (2) by striking subsection (d)(3).

SEC. 5505. GAO REVIEW OF DISCRETIONARY GRANT PROGRAMS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Comptroller General of the United States shall submit 
to the Committee on Appropriations and Committee on Transportation and 
Infrastructure of the House of Representatives and the Committees on 
Environment and Public Works; Appropriations; Banking, Housing, and 
Urban Affairs; and Commerce, Science, and Transportation of the Senate 
a review of the extent to which the Secretary is considering the needs 
of and awarding funding through covered discretionary grant programs to 
projects that serve--
            (1) low-income communities;
            (2) minority communities; and
            (3) populations that are underserved or have limited 
        transportation choices, including women.
    (b) Recommendations.--The Comptroller General shall include as part 
of the review under subsection (a) recommendations to the Secretary on 
possible means to improve consideration of projects that serve the 
unique needs of communities described in subsection (a)(1).
    (c) Definition of Covered Discretionary Grant Program.--For 
purposes of this section, the term ``covered discretionary grant 
programs'' means the Projects of National and Regional Significance 
program under section 117 of title 23, the Community Transportation 
Investment Grant program under section 173 of such title, the Community 
Climate Innovation Grant program under section 172 of such title, and 
the grants for fueling and charging infrastructure under section 151 of 
such title.

SEC. 5506. UNIVERSAL ELECTRONIC IDENTIFIER.

    Not later than 2 years after the date of enactment of this Act, the 
Secretary shall issue a final motor vehicle safety standard that 
requires a commercial motor vehicle manufactured after the effective 
date of such standard to be equipped with a universal electronic 
vehicle identifier that--
            (1) identifies the vehicle to roadside inspectors for 
        enforcement purposes;
            (2) does not transmit personally identifiable information 
        regarding operators; and
            (3) does not create an undue cost burden for operators and 
        carriers.

                  TITLE VI--MULTIMODAL TRANSPORTATION

SEC. 6001. NATIONAL MULTIMODAL FREIGHT POLICY.

    Section 70101(b) of title 49, United States Code, is amended--
            (1) in paragraph (2) by inserting ``in rural and urban 
        areas'' after ``freight transportation'';
            (2) in paragraph (7)--
                    (A) in subparagraph (B) by striking ``; and'' and 
                inserting a semicolon;
                    (B) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (B) the 
                following:
                    ``(C) travel within population centers; and'';
            (3) in paragraph (9) by striking ``; and'' and inserting 
        the following: ``including--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution;
                    ``(C) minimizing, capturing, or treating stormwater 
                runoff or other adverse impacts to water quality; and
                    ``(D) wildlife habitat loss;'';
            (4) by redesignating paragraph (10) as paragraph (11); and
            (5) by inserting after paragraph (9) the following:
            ``(10) to decrease any adverse impact of freight 
        transportation on communities located near freight facilities 
        or freight corridors; and''.

SEC. 6002. NATIONAL FREIGHT STRATEGIC PLAN.

    Section 70102(c) of title 49, United States Code, is amended by 
striking ``shall'' and all that follows through the end and inserting 
the following: ``shall--
            ``(1) update the plan and publish the updated plan on the 
        public website of the Department of Transportation; and
            ``(2) include in the update described in paragraph (1)--
                    ``(A) each item described in subsection (b); and
                    ``(B) best practices to reduce the adverse 
                environmental impacts of freight-related--
                            ``(i) greenhouse gas emissions;
                            ``(ii) local air pollution;
                            ``(iii) stormwater runoff or other adverse 
                        impacts to water quality; and
                            ``(iv) wildlife habitat loss.''.

SEC. 6003. NATIONAL MULTIMODAL FREIGHT NETWORK.

    Section 70103 of title 49, United States Code, is amended--
            (1) in subsection (b)(2)(C) by striking ``of the United 
        States that have'' and inserting the following: ``of the United 
        States that--
                            ``(i) have a total annual value of cargo of 
                        at least $1,000,000,000, as identified by 
                        United States Customs and Border Protection and 
                        reported by the Bureau of the Census; or
                            ``(ii) have''; and
            (2) in subsection (c)--
                    (A) in paragraph (1) by striking ``Not later than 1 
                year after the date of enactment of this section,'' and 
                inserting the following:
                    ``(A) Report to congress.--Not later than 30 days 
                after the date of enactment of the INVEST in America 
                Act, the Secretary shall submit to the Committee on 
                Transportation and Infrastructure of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a report detailing a 
                plan to designate a final National Multimodal Freight 
                Network, including a detailed summary of the resources 
                within the Office of the Secretary that will be 
                dedicated to carrying out such plan.
                    ``(B) Designation of national multimodal freight 
                network.--Not later than 60 days after the submission 
                of the report described in subparagraph (A),'';
                    (B) in paragraph (3)(C)--
                            (i) by inserting ``and metropolitan 
                        planning organizations'' after ``States''; and
                            (ii) by striking ``paragraph (4)'' and 
                        inserting ``paragraphs (4) and (5)'';
                    (C) in paragraph (4)--
                            (i) in the header by inserting ``and 
                        metropolitan planning organization'' after 
                        ``State'';
                            (ii) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (iii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Critical urban freight facilities and 
                corridors.--
                            ``(i) Area with a population of over 
                        500,000.--In an urbanized area with a 
                        population of 500,000 or more individuals, the 
                        representative metropolitan planning 
                        organization, in consultation with the State, 
                        may designate a freight facility or corridor 
                        within the borders of the State as a critical 
                        urban freight facility or corridor.
                            ``(ii) Area with a population of less than 
                        500,000.--In an urbanized area with a 
                        population of less than 500,000 individuals, 
                        the State, in consultation with the 
                        representative metropolitan planning 
                        organization, may designate a freight facility 
                        or corridor within the borders of the State as 
                        a critical urban freight corridor.
                            ``(iii) Designation.--A designation may be 
                        made under subparagraph (i) or (ii) if the 
                        facility or corridor is in an urbanized area, 
                        regardless of population, and such facility or 
                        corridor--
                                    ``(I) provides access to the 
                                primary highway freight system, the 
                                Interstate system, or an intermodal 
                                freight facility;
                                    ``(II) is located within a corridor 
                                of a route on the primary highway 
                                freight system and provides an 
                                alternative option important to goods 
                                movement;
                                    ``(III) serves a major freight 
                                generator, logistics center, or 
                                manufacturing and warehouse industrial 
                                land;
                                    ``(IV) connects to an international 
                                port of entry;
                                    ``(V) provides access to a 
                                significant air, rail, water, or other 
                                freight facility in the State; or
                                    ``(VI) is important to the movement 
                                of freight within the region, as 
                                determined by the metropolitan planning 
                                organization or the State.
                    ``(D) Limitation.--A State may propose additional 
                designations to the National Multimodal Freight Network 
                in the State in an amount that is--
                            ``(i) for a highway project, not more than 
                        20 percent of the total mileage designated by 
                        the Under Secretary in the State; and
                            ``(ii) for a non-highway project, using a 
                        limitation determined by the Under 
                        Secretary.''; and
                    (D) by adding at the end the following:
            ``(5) Required network components.--In designating or 
        redesignating the National Multimodal Freight Network, the 
        Under Secretary shall ensure that the National Multimodal 
        Freight Network includes the components described in subsection 
        (b)(2).''.

SEC. 6004. STATE FREIGHT ADVISORY COMMITTEES.

    Section 70201(a) of title 49, United States Code, is amended by 
striking ``and local governments'' and inserting ``local governments, 
metropolitan planning organizations, and the departments with 
responsibility for environmental protection and air quality of the 
State''.

SEC. 6005. STATE FREIGHT PLANS.

    Section 70202(b) of title 49, United States Code, is amended--
            (1) in paragraph (3)(A) by inserting ``and urban'' after 
        ``rural'';
            (2) in paragraph (9) by striking ``; and'' and inserting a 
        semicolon;
            (3) by redesignating paragraph (10) as paragraph (12); and
            (4) by inserting after paragraph (9) the following:
            ``(10) strategies and goals to decrease freight-related--
                    ``(A) greenhouse gas emissions;
                    ``(B) local air pollution;
                    ``(C) stormwater runoff or other adverse impacts to 
                water quality; and
                    ``(D) wildlife habitat loss;
            ``(11) strategies and goals to decrease any adverse impact 
        of freight transportation on communities located near freight 
        facilities or freight corridors; and''.

SEC. 6006. STUDY OF FREIGHT TRANSPORTATION FEE.

    (a) Study.--Not later than 90 days after the date of enactment of 
this Act, the Secretary of Transportation, in consultation with the 
Secretary of the Treasury and the Commissioner of the Internal Revenue 
Service, shall establish a joint task force to study the establishment 
and administration of a fee on multimodal freight surface 
transportation services.
    (b) Contents.--The study required under subsection (a) shall 
include the following:
            (1) An estimation of the revenue that a fee of up to 1 
        percent on freight transportation services would raise.
            (2) An identification of the entities that would be subject 
        to such a fee paid by the owners or suppliers of cargo.
            (3) An analysis of the administrative capacity of Federal 
        agencies and freight industry participants to collect such a 
        fee and ensure compliance with fee requirements.
            (4) Policy options to prevent avoidance of such a fee, 
        including diversion of freight services to foreign countries.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure and the Committee on Ways and 
Means of the House of Representatives and the Committee on Environment 
and Public Works and the Committee on Finance of the Senate the study 
required under subsection (a).

SEC. 6007. NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE 
              BUREAU.

    Section 116 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking paragraph (1) and 
        inserting the following:
            ``(1) to provide assistance and communicate best practices 
        and financing and funding opportunities to eligible entities 
        for the programs referred to in subsection (d)(1), including 
        by--
                    ``(A) conducting proactive outreach to communities 
                located outside of metropolitan or micropolitan 
                statistical areas (as such areas are defined by the 
                Office of Management and Budget) using data from the 
                most recent decennial Census; and
                    ``(B) coordinating with the Office of Rural 
                Development of the Department of Agriculture, the 
                Office of Community Revitalization of the Environmental 
                Protection Agency, and any other agencies that provide 
                technical assistance for rural communities, as 
                determined by the Executive Director;'';
            (2) by redesignating subsection (j) as subsection (k); and
            (3) by inserting after subsection (i) the following:
    ``(j) Annual Progress Report.--Not later than 1 year after the date 
of enactment of this subsection, and annually thereafter, the Executive 
Director shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report detailing--
            ``(1) the use of funds authorized under section 605(f) of 
        title 23; and
            ``(2) the progress of the Bureau in carrying out the 
        purposes described in subsection (b).''.

SEC. 6008. LOCAL HIRE.

    (a) Establishment.--The Secretary of Transportation shall 
immediately reinstate the local labor hiring pilot program containing 
the contracting initiative established by the Secretary and published 
in the Federal Register on March 6, 2015 (80 Fed. Reg. 12257), under 
the same terms, conditions, and requirements as so published.
    (b) Duration.--The Secretary shall continue the local labor hiring 
pilot program reinstated under this section through September 30, 2025.

SEC. 6009. FTE CAP.

    The Secretary of Transportation may not employ more than 15 full-
time equivalent positions in any fiscal year in the Immediate Office of 
the Secretary.

SEC. 6010. IDENTIFICATION OF COVID-19 TESTING NEEDS OF CRITICAL 
              INFRASTRUCTURE EMPLOYEES.

    (a) In General.--The Secretary of Transportation shall--
            (1) adopt, for use by the Department of Transportation in 
        carrying out response efforts relating to, and operations 
        during, the Coronavirus Disease 2019 (COVID-19) pandemic, the 
        categorization of ``essential critical infrastructure workers'' 
        identified in the Guidance on the Essential Critical 
        Infrastructure Workforce published by the Department of 
        Homeland Security on March 28, 2020 (or a subsequent version of 
        such guidance); and
            (2) coordinate with the Director of the Centers for Disease 
        Control and Prevention and the Administrator of the Federal 
        Emergency Management Agency to support efforts of State and 
        local governments to provide for--
                    (A) priority testing of essential critical 
                infrastructure workers (as such term is used in 
                paragraph (1)) with respect to COVID-19; and
                    (B) priority access to personal protective 
                equipment, sanitizers, nonmedical-grade facial 
                coverings, and other health-related or protective 
                supplies necessary to safely perform essential critical 
                infrastructure work.
    (b) Application.--Nothing in this section requires the provision of 
priority testing or priority access to personal protective equipment 
for essential critical infrastructure workers (as such term is used in 
subsection (a)(1)) to be prioritized over the provision of that testing 
or access to personal protective equipment for other individuals who 
are identified by the Centers for Disease Control and Prevention or any 
other relevant Federal, State, or local agency as having a higher 
priority for that testing or access to personal protective equipment, 
including--
            (1) patients;
            (2) healthcare workers; and
            (3) first responders.

SEC. 6011. RAIL COVERING.

    Not later than 1 year after the date of enactment of this Act, the 
Administrator of the Federal Railroad Administration shall issue such 
regulations as are necessary to require municipal waste transported by 
rail to be completely covered while in transit, including while being 
held, delayed, or transferred.

  TITLE VII--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT

SEC. 7001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT.

    (a) Creditworthiness.--Section 602(a)(2) of title 23, United States 
Code, is amended--
            (1) in subparagraph (A)(iv)--
                    (A) by striking ``a rating'' and inserting ``an 
                investment grade rating''; and
                    (B) by striking ``$75,000,000'' and inserting 
                ``$150,000,000''; and
            (2) in subparagraph (B)--
                    (A) by striking ``the senior debt'' and inserting 
                ``senior debt''; and
                    (B) by striking ``credit instrument is for an 
                amount less than $75,000,000'' and inserting ``total 
                amount of other senior debt and the Federal credit 
                instrument is less than $150,000,000''.
    (b) Non-Federal Share.--Section 603(b) of title 23, United States 
Code, is amended by striking paragraph (8) and inserting the following:
            ``(8) Non-federal share.--Notwithstanding paragraph (9) and 
        section 117(j)(2), the proceeds of a secured loan under the 
        TIFIA program shall be considered to be part of the non-Federal 
        share of project costs required under this title or chapter 53 
        of title 49, if the loan is repayable from non-Federal 
        funds.''.
    (c) Exemption of Funds From TIFIA Federal Share Requirement.--
Section 603(b)(9) of title 23, United States Code, is amended by adding 
at the end the following:
                    ``(C) Territories.--Funds provided for a territory 
                under section 165(c) shall not be considered Federal 
                assistance for purposes of subparagraph (A).''.
    (d) Streamlined Application Process.--Section 603(f) of title 23, 
United States Code, is amended by adding at the end the following:
            ``(3) Additional terms for expedited decisions.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this paragraph, the Secretary 
                shall implement an expedited decision timeline for 
                public agency borrowers seeking secured loans that 
                meet--
                            ``(i) the terms under paragraph (2); and
                            ``(ii) the additional criteria described in 
                        subparagraph (B).
                    ``(B) Additional criteria.--The additional criteria 
                referred to in subparagraph (A)(ii) are the following:
                            ``(i) The secured loan is made on terms and 
                        conditions that substantially conform to the 
                        conventional terms and conditions established 
                        by the National Surface Transportation 
                        Innovative Finance Bureau.
                            ``(ii) The secured loan is rated in the A 
                        category or higher.
                            ``(iii) The TIFIA program share of eligible 
                        project costs is 33 percent or less.
                            ``(iv) The applicant demonstrates a 
                        reasonable expectation that the contracting 
                        process for the project can commence by not 
                        later than 90 days after the date on which a 
                        Federal credit instrument is obligated for the 
                        project under the TIFIA program.
                            ``(v) The project has received a 
                        categorical exclusion, a finding of no 
                        significant impact, or a record of decision 
                        under the National Environmental Policy Act of 
                        1969 (42 U.S.C. 4321 et seq.).
                    ``(C) Written notice.--The Secretary shall provide 
                to an applicant seeking a secured loan under the 
                expedited decision process under this paragraph a 
                written notice informing the applicant whether the 
                Secretary has approved or disapproved the application 
                by not later than 180 days after the date on which the 
                Secretary submits to the applicant a letter indicating 
                that the National Surface Transportation Innovative 
                Finance Bureau has commenced the creditworthiness 
                review of the project.''.
    (e) Assistance to Small Projects.--Section 605(f)(1) of title 23, 
United States Code, is amended by striking ``$2,000,000'' and inserting 
``$3,000,000''.
    (f) Application Process Report.--Section 609(b)(2)(A) of title 23, 
United States Code, is amended--
            (1) in clause (iv) by striking ``and'';
            (2) in clause (v) by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                            ``(vi) whether the project is located in a 
                        metropolitan statistical area, micropolitan 
                        statistical area, or neither (as such areas are 
                        defined by the Office of Management and 
                        Budget).''.
    (g) Status Reports.--Section 609 of title 23, United States Code, 
is amended by adding at the end the following:
    ``(c) Status Reports.--
            ``(1) In general.--The Secretary shall publish on the 
        website for the TIFIA program--
                    ``(A) on a monthly basis, a current status report 
                on all submitted letters of interest and applications 
                received for assistance under the TIFIA program; and
                    ``(B) on a quarterly basis, a current status report 
                on all approved applications for assistance under the 
                TIFIA program.
            ``(2) Inclusions.--Each monthly and quarterly status report 
        under paragraph (1) shall include, at a minimum, with respect 
        to each project included in the status report--
                    ``(A) the name of the party submitting the letter 
                of interest or application;
                    ``(B) the name of the project;
                    ``(C) the date on which the letter of interest or 
                application was received;
                    ``(D) the estimated project eligible costs;
                    ``(E) the type of credit assistance sought; and
                    ``(F) the anticipated fiscal year and quarter for 
                closing of the credit assistance.''.

             DIVISION C--HAZARDOUS MATERIALS TRANSPORTATION

SEC. 8001. SHORT TITLE.

    This division may be cited as the ``Improving Hazardous Materials 
Safety Act of 2020''.

                        TITLE I--AUTHORIZATIONS

SEC. 8101. AUTHORIZATION OF APPROPRIATIONS.

    Section 5128 of title 49, United States Code, is amended--
            (1) in subsection (a) by striking paragraphs (1) through 
        (5) and inserting the following:
            ``(1) $67,000,000 for fiscal year 2021;
            ``(2) $68,000,000 for fiscal year 2022;
            ``(3) $69,000,000 for fiscal year 2023;
            ``(4) $71,000,000 for fiscal year 2024; and
            ``(5) $72,000,000 for fiscal year 2025;'';
            (2) in subsection (b)--
                    (A) by striking ``fiscal years 2016 through 2020'' 
                and inserting ``fiscal years 2021 through 2025''; and
                    (B) by striking ``$21,988,000'' and inserting 
                ``$24,025,000'';
            (3) in subsection (c) by striking ``$4,000,000 for each of 
        fiscal years 2016 through 2020'' and inserting ``$5,000,000 for 
        each of fiscal years 2021 through 2025'';
            (4) in subsection (d) by striking ``$1,000,000 for each of 
        fiscal years 2016 through 2020'' and inserting ``$4,000,000 for 
        each of fiscal years 2021 through 2025'';
            (5) by redesignating subsection (e) as subsection (f); and
            (6) by inserting after subsection (d) the following:
    ``(e) Assistance With Local Emergency Responder Training Grants.--
From the Hazardous Materials Emergency Preparedness Fund established 
under section 5116(h), the Secretary may expend $1,800,000 for each of 
fiscal years 2021 through 2025 to carry out the grant program under 
section 5107(j).''.

          TITLE II--HAZARDOUS MATERIALS SAFETY AND IMPROVEMENT

SEC. 8201. REPEAL OF CERTAIN REQUIREMENTS RELATED TO LITHIUM CELLS AND 
              BATTERIES.

    (a) Repeal.--Section 828 of the FAA Modernization and Reform Act of 
2012 (49 U.S.C. 44701 note), and the item relating to such section in 
the table of contents in section 1(b) of such Act, are repealed.
    (b) Conforming Amendments.--Section 333 of the FAA Reauthorization 
Act of 2018 (49 U.S.C. 44701 note) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``(A) In general.--'' and 
                        all that follows through ``the Secretary'' and 
                        inserting ``The Secretary''; and
                            (ii) by striking subparagraph (B); and
                    (B) in paragraph (2) by striking ``Pursuant to 
                section 828 of the FAA Modernization and Reform Act of 
                2012 (49 U.S.C. 44701 note), the Secretary'' and 
                inserting ``The Secretary'';
            (2) by striking paragraph (4) of subsection (b); and
            (3) by striking paragraph (1) of subsection (h) and 
        inserting the following:
            ``(1) ICAO technical instructions.--The term `ICAO 
        Technical Instructions' means the International Civil Aviation 
        Organization Technical Instructions for the Safe Transport of 
        Dangerous Goods by Air.''.

SEC. 8202. TRANSPORTATION OF LIQUEFIED NATURAL GAS BY RAIL TANK CAR.

    (a) Evaluation.--Not later than 120 days after the date of 
enactment of this Act, the Administrator of the Federal Railroad 
Administration, in coordination with the Administrator of the Pipeline 
and Hazardous Materials Safety Administration, shall initiate an 
evaluation of the safety, security, and environmental risks of 
transporting liquefied natural gas by rail.
    (b) Testing.--In conducting the evaluation under subsection (a), 
the Administrator of the Federal Railroad Administration shall--
            (1) perform physical testing of rail tank cars, including, 
        at a minimum, the DOT-113 specification, to evaluate the 
        performance of such rail tank cars in the event of an accident 
        or derailment, including evaluation of the extent to which 
        design and construction features such as steel thickness and 
        valve protections prevent or mitigate the release of liquefied 
        natural gas;
            (2) analyze multiple release scenarios, including 
        derailments, front-end collisions, rear-end collisions, side-
        impact collisions, grade-crossing collisions, punctures, and 
        impact of an incendiary device, at a minimum of three speeds of 
        travel with a sufficient range of speeds to evaluate the 
        safety, security, and environmental risks posed under real-
        world operating conditions; and
            (3) examine the effects of exposure to climate conditions 
        across rail networks, including temperature, humidity, and any 
        other factors that the Administrator of the Federal Railroad 
        Administration determines could influence performance of rail 
        tank cars and components of such rail tank cars.
    (c) Other Factors To Consider.--In conducting the evaluation under 
subsection (a), the Administrator of the Federal Railroad 
Administration shall evaluate the impact of a discharge of liquefied 
natural gas from a rail tank car on public safety and the environment, 
and consider--
            (1) the benefits of route restrictions, speed restrictions, 
        enhanced brake requirements, personnel requirements, rail tank 
        car technological requirements, and other operating controls;
            (2) the advisability of consist restrictions, including 
        limitations on the arrangement and quantity of rail tank cars 
        carrying liquefied natural gas in any given consist;
            (3) the identification of potential impact areas, and the 
        number of homes and structures potentially endangered by a 
        discharge in rural, suburban, and urban environments;
            (4) the impact of discharge on the environment, including 
        air quality impacts;
            (5) the benefits of advanced notification to the Department 
        of Transportation, State Emergency Response Commissions, and 
        Tribal Emergency Response Commissions of routes for moving 
        liquefied natural gas by rail tank car;
            (6) how first responders respond to an incident, including 
        the extent to which specialized equipment or training would be 
        required and the cost to communities for acquiring any 
        necessary equipment or training;
            (7) whether thermal radiation could occur from a discharge;
            (8) an evaluation of the rail tank car authorized by the 
        Secretary of Transportation for liquefied natural gas or 
        similar cryogenic liquids, and a determination of whether 
        specific safety enhancements or new standards are necessary to 
        ensure the safety of rail transport of liquefied natural gas; 
        and
            (9) the risks posed by the transportation of liquefied 
        natural gas by International Organization for Standardization 
        containers authorized by the Federal Railroad Administration.
    (d) Report.--Not later than 2 years after the date of enactment of 
this Act, the Secretary of Transportation shall submit to the Committee 
on Transportation and Infrastructure of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate, and make available to the public--
            (1) a report based on the evaluation and testing conducted 
        under subsections (a) and (b), which shall include the results 
        of the evaluation and testing and recommendations for 
        mitigating or eliminating the safety, security, environmental, 
        and other risks of an accident or incident involving the 
        transportation of liquefied natural gas by rail; and
            (2) a complete list of all research related to the 
        transportation of liquefied natural gas by rail conducted by 
        the Federal Railroad Administration, the Pipeline and Hazardous 
        Materials Safety Administration, or any other entity of the 
        Federal Government since 2010 that includes, for each research 
        item--
                    (A) the title of any reports or studies produced 
                with respect to the research;
                    (B) the agency, entity, or organization performing 
                the research;
                    (C) the names of all authors and co-authors of any 
                report or study produced with respect to the research; 
                and
                    (D) the date any related report was published or is 
                expected to publish.
    (e) Data Collection.--The Administrator of the Federal Railroad 
Administration and the Administrator of the Pipeline and Hazardous 
Materials Safety Administration shall collect any relevant data or 
records necessary to complete the evaluation required by subsection 
(a).
    (f) GAO Report.--After the evaluation required by subsection (a) 
has been completed, the Comptroller General of the United States shall 
conduct an independent evaluation to verify that the Federal Railroad 
Administration and the Pipeline and Hazardous Materials Safety 
Administration complied with the requirements of this Act, and transmit 
to the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the findings of such 
independent evaluation.
    (g) Rulemakings.--
            (1) In general.--Any regulation authorizing the 
        transportation of liquefied natural gas by rail tank car issued 
        before the date of enactment of this Act shall be stayed until 
        the Secretary conducts the evaluation, testing, and analysis 
        required in subsections (a), (b), and (c), issues the report 
        required by subsection (d), and the Comptroller General 
        completes the evaluation and report required under subsection 
        (f).
            (2) Permit or approval.--The Secretary of Transportation 
        shall rescind any special permit or approval for the 
        transportation of liquefied natural gas by rail tank car issued 
        before the date of enactment of this Act.

SEC. 8203. HAZARDOUS MATERIALS TRAINING REQUIREMENTS AND GRANTS.

    Section 5107 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(j) Assistance With Local Emergency Responder Training.--The 
Secretary shall make grants to nonprofit organizations to develop 
hazardous materials response training for emergency responders and make 
such training available electronically or in person.''.

SEC. 8204. PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION 
              REPORTING TRANSPARENCY REQUIREMENTS.

    The Secretary of Transportation shall ensure that the Pipeline and 
Hazardous Materials Safety Administration shares with all relevant 
stakeholders, including State and local governments, all materials and 
information received, reviewed, or produced related to pipeline leaks, 
damage, or disruption, as soon as possible.

                            DIVISION D--RAIL

SEC. 9001. SHORT TITLE.

    This division may be cited as the ``Transforming Rail by 
Accelerating Investment Nationwide Act'' or the ``TRAIN Act''.

                        TITLE I--AUTHORIZATIONS

SEC. 9101. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization of Grants to Amtrak.--
            (1) Northeast corridor.--There are authorized to be 
        appropriated to the Secretary for the use of Amtrak for 
        activities associated with the Northeast Corridor the following 
        amounts:
                    (A) For fiscal year 2021, $2,900,000,000.
                    (B) For fiscal year 2022, $2,700,000,000.
                    (C) For fiscal year 2023, $2,500,000,000.
                    (D) For fiscal year 2024, $2,500,000,000.
                    (E) For fiscal year 2025, $2,500,000,000.
            (2) National network.--There are authorized to be 
        appropriated to the Secretary for the use of Amtrak for 
        activities associated with the National Network the following 
        amounts:
                    (A) For fiscal year 2021, $3,450,000,000.
                    (B) For fiscal year 2022, $3,250,000,000.
                    (C) For fiscal year 2023, $3,050,000,000.
                    (D) For fiscal year 2024, $2,850,000,000.
                    (E) For fiscal year 2025, $2,850,000,000.
    (b) Project Management Oversight.--The Secretary may withhold up to 
$15,000,000 for each of fiscal years 2021 through 2025 from the amounts 
made available under subsection (a) for Amtrak grant expenditure 
oversight.
    (c) Amtrak Common Benefit Costs for State-Supported Routes.--For 
any fiscal year in which funds are made available under subsection 
(a)(2) in excess of the amounts authorized for fiscal year 2020 under 
section 11101(b) of the FAST Act (Public Law 114-94), Amtrak shall use 
up to $250,000,000 of the excess funds to defray the share of operating 
costs of Amtrak's national assets (as such term is defined in section 
24320(c)(5) of title 49, United States Code) and corporate services (as 
such term is defined pursuant to section 24317(b) of title 49, United 
States Code) that is allocated to the State-supported services.
    (d) State-Supported Route Committee.--Of the funds made available 
under subsection (a)(2), the Secretary may make available up to 
$3,000,000 for each fiscal year for the State-Supported Route Committee 
established under section 24712 of title 49, United States Code.
    (e) Northeast Corridor Commission.--Of the funds made available 
under subsection (a)(1), the Secretary may make available up to 
$6,000,000 for each fiscal year for the Northeast Corridor Commission 
established under section 24905 of title 49, United States Code.
    (f) Authorization of Appropriations for Amtrak Office of Inspector 
General.--There are authorized to be appropriated to the Office of 
Inspector General of Amtrak the following amounts:
            (1) For fiscal year 2021, $26,500,000.
            (2) For fiscal year 2022, $27,000,000.
            (3) For fiscal year 2023, $27,500,000.
            (4) For fiscal year 2024, $28,000,000.
            (5) For fiscal year 2025, $28,500,000.
    (g) Passenger Rail Improvement, Modernization, and Enhancement 
Grants.--There are authorized to be appropriated to the Secretary to 
carry out section 22906 of title 49, United States Code, the following 
amounts:
            (1) For fiscal year 2021, $3,800,000,000.
            (2) For fiscal year 2022, $3,800,000,000.
            (3) For fiscal year 2023, $3,800,000,000.
            (4) For fiscal year 2024, $3,800,000,000.
            (5) For fiscal year 2025, $3,800,000,000.
    (h) Consolidated Rail Infrastructure and Safety Improvements.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22907 of title 49, United 
        States Code, the following amounts:
                    (A) For fiscal year 2021, $1,400,000,000.
                    (B) For fiscal year 2022, $1,400,000,000.
                    (C) For fiscal year 2023, $1,400,000,000.
                    (D) For fiscal year 2024, $1,400,000,000.
                    (E) For fiscal year 2025, $1,400,000,000.
            (2) Project management oversight.--The Secretary may 
        withhold up to 1 percent from the amount appropriated under 
        paragraph (1) for the costs of project management oversight of 
        grants carried out under section 22907 of title 49, United 
        States Code.
    (i) Railroad Rehabilitation and Improvement Financing.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary for payment of credit risk premiums in accordance 
        with section 9104 of this division and section 502 of the 
        Railroad Revitalization and Regulatory Reform Act of 1976 (45 
        U.S.C. 822) $180,000,000 for each of fiscal years 2021 through 
        2025, to remain available until expended.
            (2) Refund of premium.--There are authorized to be 
        appropriated to the Secretary $70,000,000 to repay the credit 
        risk premium under section 502 of the Railroad Revitalization 
        and Regulatory Reform Act of 1976 (45 U.S.C. 822) in accordance 
        with section 9104.
    (j) Restoration and Enhancement Grants.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 22908 of title 49, United 
        States Code, $20,000,000 for each of fiscal years 2021 through 
        2025.
            (2) Project management oversight.--The Secretary may 
        withhold up to 1 percent from the amount appropriated under 
        paragraph (1) for the costs of project management oversight of 
        grants carried out under section 22908 of title 49, United 
        States Code.
    (k) Grade Crossing Separation Grants.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out section 20171 of title 49, United 
        States Code, (as added by section 9551 of this Act) the 
        following amounts:
                    (A) For fiscal year 2021, $450,000,000.
                    (B) For fiscal year 2022, $475,000,000.
                    (C) For fiscal year 2023, $500,000,000.
                    (D) For fiscal year 2024, $525,000,000.
                    (E) For fiscal year 2025, $550,000,000.
            (2) Project management oversight.--The Secretary may 
        withhold up to 1 percent from the amount appropriated under 
        paragraph (1) for the costs of project management oversight of 
        grants carried out under section 20171 of title 49, United 
        States Code.
    (l) Rail Safety Public Awareness Grants.--Of the amounts made 
available under subsection (k), the Secretary shall make available 
$5,000,000 for each of fiscal years 2021 through 2025 to carry out 
section 20172 of title 49, United States Code, (as added by section 
9552 of this Act).
    (m) Authorization of Appropriations to the Federal Railroad 
Administration.--Section 20117 of title 49, United States Code, is 
amended to read as follows:
``Sec. 20117. Authorization of appropriations
    ``(a) Safety and Operations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary of Transportation for the operations of the 
        Federal Railroad Administration and to carry out railroad 
        safety activities authorized or delegated to the 
        Administrator--
                    ``(A) $229,000,000 for fiscal year 2021;
                    ``(B) $231,000,000 for fiscal year 2022;
                    ``(C) $233,000,000 for fiscal year 2023;
                    ``(D) $235,000,000 for fiscal year 2024; and
                    ``(E) $237,000,000 for fiscal year 2025.
            ``(2) Automated track inspection program and data 
        analysis.--From the funds made available under paragraph (1) 
        for each of fiscal years 2021 through 2025, not more than 
        $17,000,000 may be expended for the Automated Track Inspection 
        Program and data analysis related to track inspection. Such 
        funds shall remain available until expended.
            ``(3) State participation grants.--Amounts made available 
        under paragraph (1) for grants under section 20105(e) shall 
        remain available until expended.
    ``(b) Railroad Research and Development.--
            ``(1) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of 
        Transportation for necessary expenses for carrying out railroad 
        research and development activities the following amounts which 
        shall remain available until expended:
                    ``(A) $42,000,000 for fiscal year 2021.
                    ``(B) $44,000,000 for fiscal year 2022.
                    ``(C) $46,000,000 for fiscal year 2023.
                    ``(D) $48,000,000 for fiscal year 2024.
                    ``(E) $50,000,000 for fiscal year 2025.
            ``(2) Study on lng by rail.--From the amounts made 
        available for fiscal years 2021 through 2025 under paragraph 
        (1), the Secretary shall expend not less than $6,000,000 and 
        not more than $8,000,000 to carry out the evaluation of 
        transporting liquefied natural gas by rail under section 8202 
        of the TRAIN Act.
            ``(3) Study on safety culture assessments.--From the 
        amounts made available for fiscal year 2021 under paragraph 
        (1), the Secretary shall expend such sums as are necessary to 
        carry out the study on safety culture assessments under section 
        9517 of the TRAIN Act.
            ``(4) Short line safety.--From funds made available under 
        paragraph (1) for each of fiscal years 2021 through 2025, the 
        Secretary may expend not more than $4,000,000--
                    ``(A) for grants to improve safety practices and 
                training for Class II and Class III freight railroads; 
                and
                    ``(B) to develop safety management systems for 
                Class II and Class III freight railroads through safety 
                culture assessments, training and education, outreach 
                activities, and technical assistance.''.
    (n) Fatigue Reduction Pilot Projects.--There are authorized to be 
appropriated to the Secretary for costs associated with carrying out 
section 21109(e) of title 49, United States Code, $200,000 to remain 
available until expended.
    (o) Limitation on Financial Assistance for State-Owned 
Enterprises.--
            (1) In general.--Funds provided under this section and the 
        amendments made by this section may not be used in awarding a 
        contract, subcontract, grant, or loan to an entity that is 
        owned or controlled by, is a subsidiary of, or is otherwise 
        related legally or financially to a corporation based in a 
        country that--
                    (A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of this Act;
                    (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416).
            (2) Exception.--For purposes of paragraph (1), the term 
        ``otherwise related legally or financially'' does not include a 
        minority relationship or investment.
            (3) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under international agreements.

SEC. 9102. PASSENGER RAIL IMPROVEMENT, MODERNIZATION, AND EXPANSION 
              GRANTS.

    (a) In General.--Section 22906 of title 49, United States Code, is 
amended to read as follows:
``Sec. 22906. Passenger rail improvement, modernization, and expansion 
              grants
    ``(a) Establishment.--The Secretary of Transportation shall 
establish a program to make grants for capital projects that improve 
the state of good repair, operational performance, or growth of 
intercity rail passenger transportation.
    ``(b) Project Selection Criteria.--
            ``(1) In general.--Capital projects eligible for a grant 
        under this section include--
                    ``(A) a project to replace, rehabilitate, or repair 
                a major infrastructure asset used for providing 
                passenger rail service to bring such infrastructure 
                asset into a state of good repair;
                    ``(B) a project to improve passenger rail 
                performance, including congestion mitigation, 
                reliability improvements, achievement of on-time 
                performance standards established under section 207 of 
                the Rail Safety Improvement Act of 2008 (49 U.S.C. 
                24101 note), reduced trip times, increased train 
                frequencies, higher operating speeds, electrification, 
                and other improvements, as determined by the Secretary; 
                and
                    ``(C) a project to repair, rehabilitate, replace, 
                or build infrastructure to expand or establish 
                intercity rail passenger transportation and facilities, 
                including high-speed rail.
            ``(2) Requirements.--To be eligible for a grant under this 
        section, an applicant shall have, or provide documentation of a 
        credible plan to achieve--
                    ``(A) the legal, financial, and technical capacity 
                to carry out the project;
                    ``(B) satisfactory continuing control over the use 
                of the equipment or facilities that are the subject of 
                the project; and
                    ``(C) an agreement in place for maintenance of such 
                equipment or facilities.
            ``(3) Priority.--In selecting an applicant for a grant 
        under this section, the Secretary shall give preference to 
        capital projects that--
                    ``(A) are supported by multiple States or are 
                included in a regional planning process; or
                    ``(B) achieve environmental benefits such as a 
                reduction in greenhouse gas emissions or an improvement 
                in local air quality.
            ``(4) Additional considerations.--In selecting an applicant 
        for a grant under this section, the Secretary shall consider--
                    ``(A) the cost-benefit analysis of the proposed 
                project, including anticipated public benefits relative 
                to the costs of the proposed project, including--
                            ``(i) effects on system and service 
                        performance;
                            ``(ii) effects on safety, competitiveness, 
                        reliability, trip or transit time, and 
                        resilience;
                            ``(iii) impacts on the overall 
                        transportation system, including efficiencies 
                        from improved integration with other modes of 
                        transportation or benefits associated with 
                        achieving modal shifts;
                            ``(iv) the ability to meet existing, 
                        anticipated, or induced passenger or service 
                        demand; and
                            ``(v) projected effects on regional and 
                        local economies along the corridor, including 
                        increased competitiveness, productivity, 
                        efficiency, and economic development;
                    ``(B) the applicant's past performance in 
                developing and delivering similar projects;
                    ``(C) if applicable, the consistency of the project 
                with planning guidance and documents set forth by the 
                Secretary or required by law; and
                    ``(D) if applicable, agreements between all 
                stakeholders necessary for the successful delivery of 
                the project.
    ``(c) Northeast Corridor Projects.--Of the funds made available to 
carry out this section, not less than 40 percent shall be made 
available for projects included in the Northeast Corridor investment 
plan required under section 24904.
    ``(d) National Projects.--Of the funds made available to carry out 
this section, not less than 40 percent shall be made available for--
            ``(1) projects on the National Network;
            ``(2) high-speed rail projects; and
            ``(3) the establishment of new passenger rail corridors not 
        located on the Northeast Corridor.
    ``(e) Federal Share of Total Project Costs.--
            ``(1) Total project cost estimate.--The Secretary shall 
        estimate the total cost of a project under this section based 
        on the best available information, including engineering 
        studies, studies of economic feasibility, environmental 
        analyses, and information on the expected use of equipment or 
        facilities.
            ``(2) Federal share.--The Federal share of total costs for 
        a project under this section shall not exceed 90 percent.
            ``(3) Treatment of revenue.--Applicants may use ticket and 
        other revenues generated from operations and other sources to 
        satisfy the non-Federal share requirements.
    ``(f) Letters of Intent.--
            ``(1) In general.--The Secretary shall, to the maximum 
        extent practicable, issue a letter of intent to a recipient of 
        a grant under this section that--
                    ``(A) announces an intention to obligate, for a 
                major capital project under this section, an amount 
                that is not more than the amount stipulated as the 
                financial participation of the Secretary in the 
                project; and
                    ``(B) states that the contingent commitment--
                            ``(i) is not an obligation of the Federal 
                        Government; and
                            ``(ii) is subject to the availability of 
                        appropriations for grants under this section 
                        and subject to Federal laws in force or enacted 
                        after the date of the contingent commitment.
            ``(2) Congressional notification.--
                    ``(A) In general.--Not later than 3 days before 
                issuing a letter of intent under paragraph (1), the 
                Secretary shall submit written notification to--
                            ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            ``(ii) the Committee on Appropriations of 
                        the House of Representatives;
                            ``(iii) the Committee on Appropriations of 
                        the Senate; and
                            ``(iv) the Committee on Commerce, Science, 
                        and Transportation of the Senate.
                    ``(B) Contents.--The notification submitted under 
                subparagraph (A) shall include--
                            ``(i) a copy of the letter of intent;
                            ``(ii) the criteria used under subsection 
                        (b) for selecting the project for a grant; and
                            ``(iii) a description of how the project 
                        meets such criteria.
    ``(g) Appropriations Required.--An obligation or administrative 
commitment may be made under this section only when amounts are 
appropriated for such purpose.
    ``(h) Grant Administration.--The Secretary may withhold up to 1 
percent of the total amount made available to carry out this section 
for program oversight and management, including providing technical 
assistance and project planning guidance.
    ``(i) Regional Planning Guidance.--The Secretary may withhold up to 
half a percent of the total amount made available to carry out this 
section to facilitate and provide guidance for regional planning 
processes.
    ``(j) Availability.--Amounts made available to carry out this 
section shall remain available until expended.
    ``(k) Grant Conditions.--Except as specifically provided in this 
section, the use of any amounts appropriated for grants under this 
section shall be subject to the grant conditions under section 22905, 
except that the domestic buying preferences of section 24305(f) shall 
apply to grants provided to Amtrak in lieu of the requirements of 
section 22905(a).
    ``(l) Definitions.--In this section:
            ``(1) Applicant.--The term `applicant' means--
                    ``(A) a State;
                    ``(B) a group of States;
                    ``(C) an Interstate Compact;
                    ``(D) a public agency or publicly chartered 
                authority established by one or more States;
                    ``(E) a political subdivision of a State; or
                    ``(F) Amtrak, acting on its own behalf or under a 
                cooperative agreement with one or more States.
            ``(2) Capital project.--The term `capital project' means--
                    ``(A) acquisition, construction, replacement, 
                rehabilitation, or repair of major infrastructure 
                assets or equipment that benefit intercity rail 
                passenger transportation, including tunnels, bridges, 
                stations, track, electrification, grade crossings, 
                passenger rolling stock, and other assets, as 
                determined by the Secretary;
                    ``(B) projects that ensure service can be 
                maintained while existing assets are rehabilitated or 
                replaced; and
                    ``(C) project planning, development, design, and 
                environmental analysis related to projects under 
                subsections (A) and (B).
            ``(3) Intercity rail passenger transportation.--The term 
        `intercity rail passenger transportation' has the meaning given 
        such term in section 24102.
            ``(4) High-speed rail.--The term `high-speed rail' has the 
        meaning given such term in section 26106(b).
            ``(5) Northeast corridor.--The term `Northeast Corridor' 
        has the meaning given such term in section 24102.
            ``(6) National network.--The term `National Network' has 
        the meaning given such term in section 24102.
            ``(7) State.--The term `State' means each of the 50 States 
        and the District of Columbia.''.
    (b) Clerical Amendment.--The item relating to section 22906 in the 
analysis for chapter 229 of title 49, United States Code, is amended to 
read as follows:

``22906. Passenger rail improvement, modernization, and expansion 
                            grants.''.

SEC. 9103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENT 
              GRANTS.

    Section 22907 of title 49, United States Code, is amended--
            (1) in subsection (b) by adding at the end the following:
            ``(12) A commuter authority (as such term is defined in 
        section 24102).
            ``(13) The District of Columbia.'';
            (2) in subsection (c)--
                    (A) in paragraph (1) by inserting ``, maintenance, 
                and upgrades'' after ``Deployment'';
                    (B) in paragraph (2) by striking ``as defined in 
                section 22901(2), except that a project shall not be 
                required to be in a State rail plan developed under 
                chapter 227'';
                    (C) in paragraph (3) by inserting ``or safety'' 
                after ``address congestion'';
                    (D) in paragraph (4) by striking ``identified by 
                the Secretary'' and all that follows through ``rail 
                transportation'' and inserting ``to reduce congestion, 
                improve service, or facilitate ridership growth in 
                intercity rail passenger transportation and commuter 
                rail passenger transportation (as such term is defined 
                in section 24102)'';
                    (E) in paragraph (5) by inserting ``or to establish 
                new quiet zones'' before the period at the end; and
                    (F) in paragraph (9) by inserting ``or commuter 
                rail passenger transportation (as such term is defined 
                in section 24102)'' after ``between intercity rail 
                passenger transportation'';
            (3) in subsection (e)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--In selecting a recipient of a grant for 
        an eligible project, the Secretary shall give preference to--
                    ``(A) projects that will maximize the net benefits 
                of the funds made available for use under this section, 
                considering the cost-benefit analysis of the proposed 
                project, including anticipated private and public 
                benefits relative to the costs of the proposed project 
                and factoring in the other considerations described in 
                paragraph (2); and
                    ``(B) projects that benefit a station that--
                            ``(i) serves Amtrak and commuter rail;
                            ``(ii) is listed amongst the 25 stations 
                        with highest ridership in the most recent 
                        Amtrak Company Profile; and
                            ``(iii) has support from both Amtrak and 
                        the provider of commuter rail passenger 
                        transportation servicing the station.''; and
                    (B) in paragraph (3) by striking ``paragraph 
                (1)(B)'' and inserting ``paragraph (1)(A)'';
            (4) in subsection (l) by striking ``Secretary shall'' and 
        inserting ``Secretary may'';
            (5) by redesignating subsections (i), (j), (k), and (l) as 
        subsections (l), (m), (n), and (o), respectively; and
            (6) by inserting after subsection (h) the following:
    ``(i) Large Projects.--Of the amounts made available under this 
section, at least 50 percent shall be for projects that have total 
project costs of greater than $100,000,000.
    ``(j) Commuter Rail.--
            ``(1) Administration of funds.--The amounts awarded under 
        this section for commuter rail passenger transportation 
        projects shall be transferred by the Secretary, after 
        selection, to the Federal Transit Administration for 
        administration of funds in accordance with chapter 53.
            ``(2) Grant condition.--
                    ``(A) In general.--As a condition of receiving a 
                grant under this section that is used to acquire, 
                construct, or improve railroad right-of-way or 
                facilities, any employee covered by the Railway Labor 
                Act (45 U.S.C. 151 et seq.) and the Railroad Retirement 
                Act of 1974 (45 U.S.C. 231 et seq.) who is adversely 
                affected by actions taken in connection with the 
                project financed in whole or in part by such grant 
                shall be covered by employee protective arrangements 
                established under section 22905(e).
                    ``(B) Application of protective arrangement.--The 
                grant recipient and the successors, assigns, and 
                contractors of such recipient shall be bound by the 
                protective arrangements required under subparagraph 
                (A). Such recipient shall be responsible for the 
                implementation of such arrangement and for the 
                obligations under such arrangement, but may arrange for 
                another entity to take initial responsibility for 
                compliance with the conditions of such arrangement.
            ``(3) Application of law.--Subsections (g) and (f)(1) of 
        section 22905 shall not apply to grants awarded under this 
        section for commuter rail passenger transportation projects.
    ``(k) Definition of Capital Project.--In this section, the term 
`capital project' means a project or program for--
            ``(1) acquiring, constructing, improving, or inspecting 
        equipment, track and track structures, or a facility, expenses 
        incidental to the acquisition or construction (including 
        designing, engineering, location surveying, mapping, 
        environmental studies, and acquiring rights-of-way), payments 
        for the capital portions of rail trackage rights agreements, 
        highway-rail grade crossing improvements, mitigating 
        environmental impacts, communication and signalization 
        improvements, relocation assistance, acquiring replacement 
        housing sites, and acquiring, constructing, relocating, and 
        rehabilitating replacement housing;
            ``(2) rehabilitating, remanufacturing, or overhauling rail 
        rolling stock and facilities;
            ``(3) costs associated with developing State rail plans; 
        and
            ``(4) the first-dollar liability costs for insurance 
        related to the provision of intercity passenger rail service 
        under section 22904.''.

SEC. 9104. RAILROAD REHABILITATION AND IMPROVEMENT FINANCING.

    Section 502 of the Railroad Revitalization and Regulatory Reform 
Act of 1976 (45 U.S.C. 822) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A) by inserting 
                        ``civil works such as cuts and fills, stations, 
                        tunnels,'' after ``components of track,''; and
                            (ii) in subparagraph (D) by inserting ``, 
                        permitting,'' after ``reimburse planning''; and
                    (B) by striking paragraph (3);
            (2) in subsection (f)--
                    (A) in paragraph (3) by adding at the end the 
                following:
                    ``(D) A projection of freight or passenger demand 
                for the project based on regionally developed economic 
                forecasts, including projections of any modal diversion 
                resulting from the project.''; and
                    (B) in paragraph (4)--
                            (i) by inserting ``In the case of an 
                        applicant seeking a loan that is less than 50 
                        percent of the total cost of the project, half 
                        of the credit risk premiums under this 
                        subsection shall be paid to the Secretary 
                        before the disbursement of loan amounts and the 
                        remaining half shall be paid to the Secretary 
                        in equal amounts semiannually and fully paid 
                        not later than 10 years after the first loan 
                        disbursement is executed.'' after 
                        ``modifications thereof.'';
                            (ii) by striking ``Credit risk premiums'' 
                        and inserting ``(A) Timing of payment.--Credit 
                        risk premiums''; and
                            (iii) by adding at the end the following:
                    ``(B) Payment of credit risk premiums.--
                            ``(i) In general.--In granting assistance 
                        under this section, the Secretary may pay 
                        credit risk premiums required under paragraph 
                        (3) for entities described in paragraphs (1) 
                        through (3) of subsection (a), in whole or in 
                        part, with respect to a loan or loan guarantee.
                            ``(ii) Set-aside.--Of the amounts made 
                        available for payments for a fiscal year under 
                        clause (i), the Secretary shall reserve 
                        $175,000,000 for payments for passenger rail 
                        projects, to remain available until expended.
                    ``(C) Refund of premium.--The Secretary shall repay 
                the credit risk premium of each loan in cohort 3, as 
                defined by the memorandum to the Office of Management 
                and Budget of the Department of Transportation dated 
                November 5, 2018, with interest accrued thereon, not 
                later than 60 days after the date on which all 
                obligations attached to each such loan have been 
                satisfied. For each such loan for which obligations 
                have been satisfied as of the date of enactment of the 
                TRAIN Act, the Secretary shall repay the credit risk 
                premium of each such loan, with interest accrued 
                thereon, not later than 60 days after the date of the 
                enactment of such Act.''; and
            (3) by adding at the end the following:
    ``(n) Non-Federal Share.--The proceeds of a loan provided under 
this section may be used as the non-Federal share of project costs 
under this title or chapter 53 of title 49 if such loan is repayable 
from non-Federal funds.
    ``(o) Buy America.--
            ``(1) In general.--In awarding direct loans or loan 
        guarantees under this section, the Secretary shall require each 
        recipient to comply with section 22905(a) of title 49, United 
        States Code.
            ``(2) Specific compliance.--Notwithstanding paragraph (1), 
        the Secretary shall require--
                    ``(A) Amtrak to comply with section 24305(f) of 
                title 49, United States Code; and
                    ``(B) a commuter authority (as defined in section 
                24102 of title 49, United States Code), as applicable, 
                to comply with section 5320 of title 49, United States 
                Code.''.

SEC. 9105. BUY AMERICA.

    Section 22905(a) of title 49, United States Code, is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (B) by adding ``or'' at the 
                end;
                    (B) by striking subparagraph (C); and
                    (C) by redesignating subparagraph (D) as 
                subparagraph (C);
            (2) by striking paragraph (4) and inserting the following:
            ``(4)(A) If the Secretary receives a request for a waiver 
        under paragraph (2), the Secretary shall provide notice of and 
        an opportunity for public comment on the request at least 30 
        days before making a finding based on the request.
            ``(B) A notice provided under subparagraph (A) shall--
                    ``(i) include the information available to the 
                Secretary concerning the request, including whether the 
                request is being made under subparagraph (A), (B), or 
                (C) of paragraph (2); and
                    ``(ii) be provided by electronic means, including 
                on the official public website of the Department of 
                Transportation.'';
            (3) in paragraph (5)--
                    (A) by striking ``2012'' and inserting ``2020, and 
                each year thereafter''; and
                    (B) by inserting ``during the preceding fiscal 
                year'' before the period; and
            (4) by adding at the end the following:
            ``(12) The requirements of this subsection apply to all 
        contracts for a project carried out within the scope of the 
        applicable finding, determination, or decisions under the 
        National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
        seq.), regardless of the funding source for activities carried 
        out pursuant to such contracts, if at least 1 contract for the 
        project is funded with amounts made available to carry out a 
        provision specified in paragraph (1).''.

SEC. 9106. RAIL NETWORK CLIMATE CHANGE VULNERABILITY ASSESSMENT.

    (a) In General.--The Secretary of Transportation shall sponsor a 
study by the National Academies to conduct an assessment of the 
potential impacts of climate change on the national rail network.
    (b) Assessment.--At a minimum, the assessment conducted pursuant to 
subsection (a) shall--
            (1) cover the entire freight and intercity passenger rail 
        network of the United States;
            (2) evaluate risk to the network over 5-, 30-, and 50-year 
        outlooks;
            (3) examine and describe potential effects of climate 
        change and extreme weather events on passenger and freight rail 
        infrastructure, trackage, and facilities, including facilities 
        owned by rail shippers;
            (4) identify and categorize the assets described in 
        paragraph (3) by vulnerability level and geographic area; and
            (5) recommend strategies or measures to mitigate any 
        adverse impacts of climate change, including emergency 
        preparedness measures and resiliency best practices for 
        infrastructure planning.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report containing the findings of the assessment conducted pursuant to 
subsection (a).
    (d) Further Coordination.--The Secretary shall make the report 
publicly available on the website of the Department of Transportation 
and communicate the results of the assessment with stakeholders.
    (e) Regulatory Authority.--If the Secretary finds in the report 
required under subsection (c) that regulatory measures are warranted 
and such measures are otherwise under the existing authority of the 
Secretary, the Secretary may issue such regulations as are necessary to 
implement such measures.
    (f) Funding.--From the amounts made available for fiscal year 2021 
under section 20117(a) of title 49, United States Code, the Secretary 
shall expend not less than $1,000,000 to carry out the study required 
under subparagraph (a).

SEC. 9107. NORTH RIVER TUNNEL SHUTDOWN CONTINGENCY ASSESMENT.

    Not later than 60 days after the date of enactment of this Act, the 
Secretary of Transportation shall publish a report that explains--
            (1) the contingency plan of the Department of 
        Transportation, in coordination with other relevant Federal 
        agencies, detailing a specific plan of action in the case of a 
        shutdown of the North River Tunnel under the Hudson River and 
        that addresses issues including ensuring commuters, tourists, 
        and others will maintain the ability to travel between New 
        Jersey and New York and throughout the region; and
            (2) the contingency plan of the Department of 
        Transportation, in coordination with other relevant Federal 
        agencies, detailing a specific plan of action to ensure minimal 
        disruption to, and negative impact on national security, the 
        economy, public health, the environment, and property values.

SEC. 9108. ADVANCE ACQUISITION.

    (a) In General.--Chapter 242 of title 49, United States Code, is 
amended by inserting the following after section 24202:

``SEC. 24203. ADVANCE ACQUISITION.

    ``(a) Rail Corridor Preservation.--The Secretary may allow a 
recipient of a grant under chapter 229 for a passenger rail project to 
acquire right-of-way and adjacent real property interests before or 
during the completion of the environmental reviews for a project that 
may use such property interests if the acquisition is otherwise 
permitted under Federal law.
    ``(b) Certification.--Before authorizing advance acquisition under 
this section, the Secretary shall verify that--
            ``(1) the recipient has authority to acquire the real 
        property interest;
            ``(2) the acquisition of the real property interest--
                    ``(A) is for a transportation purpose;
                    ``(B) will not cause significant adverse 
                environmental impact;
                    ``(C) will not limit the choice of reasonable 
                alternatives for the proposed project or otherwise 
                influence the decision of the Secretary on any approval 
                required for the project;
                    ``(D) does not prevent the lead agency from making 
                an impartial decision as to whether to accept an 
                alternative that is being considered;
                    ``(E) complies with other applicable Federal laws 
                and regulations; and
                    ``(F) will not result in elimination or reduction 
                of benefits or assistance to a displaced person 
                required by the Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.) and title VI of the Civil Rights Act of 
                1964 (42 U.S.C. 2000d et seq.).
    ``(c) Environmental Reviews.--
            ``(1) Completion of nepa review.--Before authorizing 
        Federal funding for an acquisition of a real property interest, 
        the Secretary shall complete all review processes otherwise 
        required under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), section 4(f) of the Department of 
        Transportation Act of 1966 (49 U.S.C. 303), and Section 106 of 
        the National Historic Preservation Act (16 U.S.C. 470f) with 
        respect to the acquisition.
            ``(2) Timing of development acquisition.--A real property 
        interest acquired under subsection (a) may not be developed in 
        anticipation of the proposed project until all required 
        environmental reviews for the project have been completed.''.
    (b) Clerical Amendment.--The table of sections for chapter 242 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 24202 the following new item:

``Sec. 24203. Advance acquisition.''.

                        TITLE II--AMTRAK REFORMS

SEC. 9201. AMTRAK FINDINGS, MISSION, AND GOALS.

    Section 24101 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``, to the extent its 
                        budget allows,''; and
                            (ii) by striking ``between crowded urban 
                        areas and in other areas of'' and inserting 
                        ``throughout'';
                    (B) in paragraph (2) by striking the period and 
                inserting ``, thereby providing additional capacity for 
                the traveling public and widespread air quality 
                benefits.'';
                    (C) in paragraph (4)--
                            (i) by striking ``greater'' and inserting 
                        ``high''; and
                            (ii) by striking ``to Amtrak to achieve a 
                        performance level sufficient to justify 
                        expending public money'' and inserting ``in 
                        order to meet the intercity passenger rail 
                        needs of the United States'';
                    (D) in paragraph (5)--
                            (i) by inserting ``intercity and'' after 
                        ``efficient''; and
                            (ii) by striking ``the energy conservation 
                        and self-sufficiency'' and inserting 
                        ``addressing climate change, energy 
                        conservation, and self-sufficiency'';
                    (E) in paragraph (6) by striking ``through its 
                subsidiary, Amtrak Commuter,''; and
                    (F) by adding at the end the following:
            ``(9) Long-distance intercity passenger rail is an 
        important part of the national transportation system.
            ``(10) Investments in intercity and commuter rail passenger 
        transportation support jobs that provide a pathway to the 
        middle class.'';
            (2) in subsection (b) by striking ``The'' and all that 
        follows through ``consistent'' and inserting ``The mission of 
        Amtrak is to provide a safe, efficient, and high-quality 
        national intercity passenger rail system that is trip-time 
        competitive with other intercity travel options, consistent'';
            (3) in subsection (c)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) use its best business judgment in acting to maximize 
        the benefits of public funding;'';
                    (B) in paragraph (2)--
                            (i) by striking ``minimize Government 
                        subsidies by encouraging'' and inserting ``work 
                        with''; and
                            (ii) by striking the semicolon and 
                        inserting ``and improvements to service;'';
                    (C) by striking paragraph (3) and inserting the 
                following:
            ``(3) manage the passenger rail network in the interest of 
        public transportation needs, including current and future 
        Amtrak passengers;'';
                    (D) in paragraph (7) by striking ``encourage'' and 
                inserting ``work with'';
                    (E) in paragraph (11) by striking ``and'' the last 
                place it appears; and
                    (F) by striking paragraph (12) and inserting the 
                following:
            ``(12) utilize and manage resources with a long-term 
        perspective, including sound investments that take into account 
        the overall lifecycle costs of an asset;
            ``(13) ensure that service is accessible and accommodating 
        to passengers with disabilities; and
            ``(14) maximize the benefits Amtrak generates for the 
        United States by creating quality jobs and supporting the 
        domestic workforce.''; and
            (4) by striking subsection (d).

SEC. 9202. AMTRAK STATUS.

    Section 24301(a) of title 49, United States Code, is amended--
            (1) in paragraph (1) by striking ``20102(2)'' and inserting 
        ``20102''; and
            (2) in paragraph (2) by inserting ``serving the public 
        interest in reliable passenger rail service'' after ``for-
        profit corporation''.

SEC. 9203. BOARD OF DIRECTORS.

    (a) In General.--Section 24302 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) Eight individuals appointed by the President 
                of the United States, by and with the advice and 
                consent of the Senate, with a record of support for 
                national passenger rail service, general business and 
                financial experience, and transportation qualifications 
                or expertise. Of the individuals appointed--
                            ``(i) one shall be a Mayor or Governor of a 
                        location served by a regularly scheduled Amtrak 
                        service on the Northeast Corridor;
                            ``(ii) one shall be a Mayor or Governor of 
                        a location served by a regularly scheduled 
                        Amtrak service that is not on the Northeast 
                        Corridor;
                            ``(iii) one shall be a labor representative 
                        of Amtrak employees; and
                            ``(iv) two shall be individuals with a 
                        history of regular Amtrak ridership and an 
                        understanding of the concerns of rail 
                        passengers.'';
                    (B) in paragraph (2) by inserting ``users of 
                Amtrak, including the elderly and individuals with 
                disabilities, and'' after ``and balanced representation 
                of'';
                    (C) in paragraph (3) by adding at the end the 
                following: ``A member of the Board appointed under 
                clause (i) or (ii) of paragraph (1)(C) shall serve for 
                a term of 5 years or until such member leaves the 
                elected office such member occupied at the time such 
                member was appointed, whichever is first.''; and
                    (D) by striking paragraph (5) and inserting the 
                following:
            ``(5) The Secretary and any Governor of a State may be 
        represented at a Board meeting by a designee.'';
            (2) in subsection (b)--
                    (A) by striking ``Pay and Expenses'' and inserting 
                ``Duties, Pay, and Expenses''; and
                    (B) by inserting ``Each director must consider the 
                well-being of current and future Amtrak passengers, and 
                the public interest in sustainable national passenger 
                rail service.'' before ``Each director not employed by 
                the United States Government or Amtrak''; and
            (3) by adding at the end the following:
    ``(g) Governor Defined.--In this section, the term `Governor' means 
the Governor of a State or the Mayor of the District of Columbia and 
includes the designee of the Governor.''.
    (b) Timing of New Board Requirements.--
            (1) In general.--The appointment and membership 
        requirements under section 24302 of title 49, United States 
        Code (as amended by this Act), shall apply to any member of the 
        Board appointed pursuant to subsection (a)(1)(C) of such 
        section who is appointed on or after the date of enactment of 
        this Act.
            (2) Reappointment.--Any member described under paragraph 
        (1) who is serving on such Board as of the date of enactment of 
        this Act may be reappointed on or after such date of enactment, 
        subject to the advice and consent of the Senate, if such member 
        meets the requirements of such section.
            (3) Termination of term.--The term of any member described 
        under paragraph (1) who is serving on such Board as of the date 
        of enactment of this Act who is not reappointed under paragraph 
        (2) before the date that is 60 days after the date of enactment 
        of this Act, shall cease on such date.

SEC. 9204. AMTRAK PREFERENCE ENFORCEMENT.

    (a) In General.--Section 24308(c) of title 49, United States Code, 
is amended by adding at the end the following: ``Notwithstanding 
section 24103(a) and section 24308(f), Amtrak shall have the right to 
bring an action for equitable or other relief in the United States 
District Court for the District of Columbia to enforce the preference 
rights granted under this subsection.''.
    (b) Conforming Amendment.--Section 24103 of title 49, United States 
Code, is amended by inserting ``and section 24308(c)'' before ``, only 
the Attorney General''.

SEC. 9205. USE OF FACILITIES AND PROVIDING SERVICES TO AMTRAK.

    Section 24308(e) of title 49, United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1)(A) When a rail carrier does not agree to allow Amtrak 
        to operate additional trains over any rail line of the carrier 
        on which Amtrak is operating or seeks to operate, Amtrak may 
        submit an application to the Board for an order requiring the 
        carrier to allow for the operation of the requested trains. 
        Within 90 days of receipt of such application, the Board shall 
        determine whether the additional trains would unreasonably 
        impair freight transportation and--
                    ``(i) for a determination that such trains do not 
                unreasonably impair freight transportation, order the 
                rail carrier to allow for the operation of such trains 
                on a schedule established by the Board; or
                    ``(ii) for a determination that such trains do 
                unreasonably impair freight transportation, initiate a 
                proceeding to determine any additional infrastructure 
                investments required by, or on behalf of, Amtrak.
            ``(B) If Amtrak seeks to resume operation of a train that 
        Amtrak operated during the 5-year period preceding an 
        application described in subparagraph (A), the Board shall 
        apply a presumption that the resumed operation of such train 
        will not unreasonably impair freight transportation unless the 
        Board finds that there are substantially changed 
        circumstances.'';
            (2) in paragraph (2)--
                    (A) by striking ``The Board shall consider'' and 
                inserting ``The Board shall'';
                    (B) by striking subparagraph (A) and inserting the 
                following:
            ``(A) in making the determination under paragraph (1), take 
        into account any infrastructure investments proposed in 
        Amtrak's application, with the rail carrier having the burden 
        of demonstrating that the additional trains will unreasonably 
        impair the freight transportation; and''; and
                    (C) in subparagraph (B) by inserting ``consider 
                investments described in subparagraph (A) and'' after 
                ``times,''; and
            (3) by adding at the end the following:
            ``(4) In a proceeding initiated by the Board under 
        paragraph (1)(B), the Board shall solicit the views of the 
        parties and require the parties to provide any necessary data 
        or information. Not later than 180 days after the date on which 
        the Board makes a determination under paragraph (1)(B), the 
        Board shall issue an order requiring the rail carrier to allow 
        for the operation of the requested trains conditioned upon 
        additional infrastructure or other investments needed to 
        mitigate the unreasonable interference. In determining the 
        necessary level of additional infrastructure or other 
        investments, the Board shall use any criteria, assumptions, and 
        processes it considers appropriate.
            ``(5) The provisions of this subsection shall be in 
        addition to any other statutory or contractual remedies Amtrak 
        may have to obtain the right to operate the additional 
        trains.''.

SEC. 9206. PROHIBITION ON MANDATORY ARBITRATION.

    (a) In General.--Section 28103 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following:
    ``(e) Prohibition on Choice-of-Forum Clause.--
            ``(1) In general.--Amtrak may not impose a choice-of-forum 
        clause that attempts to preclude a passenger, or a person who 
        purchases a ticket for rail transportation on behalf of a 
        passenger, from bringing a claim against Amtrak in any court of 
        competent jurisdiction, including a court within the 
        jurisdiction of the residence of such passenger in the United 
        States (provided that Amtrak does business within that 
        jurisdiction).
            ``(2) Court of competent jurisdiction.--Under this 
        subsection, a court of competent jurisdiction may not include 
        an arbitration forum.''.
    (b) Effective Date.--This section, and the amendments made by this 
section, shall apply to any claim that arises on or after the date of 
enactment of this Act.

SEC. 9207. AMTRAK ADA ASSESSMENT.

    (a) Assessment.--Amtrak shall conduct an assessment and review of 
all Amtrak policies, procedures, protocols, and guidelines for 
compliance with the requirements of the Americans With Disabilities Act 
of 1990 (42 U.S.C. 12101 et seq.).
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, Amtrak shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
results of the assessment conducted under subsection (a).
    (c) Contents.--The report required under subsection (b) shall 
include--
            (1) a summary of the policies, procedures, protocols, and 
        guidelines reviewed;
            (2) any necessary changes to such policies, procedures, 
        protocols, and guidelines to ensure compliance with the 
        Americans With Disabilities Act of 1990 (42 U.S.C. 12101 et 
        seq.), including full compliance under such Act for stations 
        and facilities for which Amtrak has responsibility under such 
        Act and consideration of the needs of individuals with 
        disabilities when procuring rolling stock; and
            (3) an implementation plan and timeline for making any such 
        necessary changes.
    (d) Engagement.--Amtrak is encouraged to engage with a range of 
advocates for individuals with disabilities during the assessment 
conducted under subsection (a), and develop an ongoing and standardized 
process for engagement with advocates for individuals with 
disabilities.
    (e) Periodic Evaluation.--At least once every 2 years, Amtrak shall 
review and update, as necessary, Amtrak policies, procedures, 
protocols, and guidelines to ensure compliance with the Americans With 
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).

SEC. 9208. PROHIBITION ON SMOKING ON AMTRAK TRAINS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24323. Prohibition on smoking on Amtrak trains
    ``(a) Prohibition.--Beginning on the date of enactment of the TRAIN 
Act, Amtrak shall prohibit smoking on board Amtrak trains.
    ``(b) Electronic Cigarettes.--
            ``(1) Inclusion.--The use of an electronic cigarette shall 
        be treated as smoking for purposes of this section.
            ``(2) Electronic cigarette defined.--In this section, the 
        term `electronic cigarette' means a device that delivers 
        nicotine or other substances to a user of the device in the 
        form of a vapor that is inhaled to simulate the experience of 
        smoking.''.
    (b) Conforming Amendment.--The analysis for chapter 243 of title 
49, United States Code, is amended by adding at the end the following:

``24323. Prohibition on smoking on Amtrak trains.''.

SEC. 9209. STATE-SUPPORTED ROUTES OPERATED BY AMTRAK.

    (a) In General.--Section 24712 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (4) by striking the first sentence 
                and inserting ``The Committee shall define and 
                periodically update the rules and procedures governing 
                the Committee's proceedings.''; and
                    (B) in paragraph (6)--
                            (i) by striking subparagraph (B) and 
                        inserting the following:
                    ``(B) Procedures.--The rules and procedures 
                implemented under paragraph (4) shall include--
                            ``(i) procedures for changing the cost 
                        allocation methodology, notwithstanding section 
                        209(b) of the Passenger Rail Investment and 
                        Improvement Act (49 U.S.C. 24101 note); and
                            ``(ii) procedures or broad guidelines for 
                        conducting financial planning, including 
                        operation, ridership, capital forecasting, 
                        station staffing projections, reporting, and 
                        data sharing and governance.'';
                            (ii) in subparagraph (C)--
                                    (I) in clause (i) by striking 
                                ``and'' at the end;
                                    (II) in clause (ii) by striking the 
                                period at the end and inserting ``; 
                                and''; and
                                    (III) by adding at the end the 
                                following:
                            ``(iii) promote increased efficiency in 
                        Amtrak's operating and capital activities.''; 
                        and
                            (iii) by adding at the end the following:
                    ``(D) Annual review.--Not later than June 30 of 
                each year, the Committee shall prepare an evaluation of 
                the cost allocation methodology and procedures under 
                subparagraph (B) and transmit such evaluation to the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate.'';
            (2) in subsection (b)--
                    (A) by inserting ``and to the Committee'' before 
                ``, as well as the planning''; and
                    (B) by inserting before the period at the end the 
                following: ``and the Committee. Not later than 180 days 
                after the date of enactment of the TRAIN Act, the 
                Committee shall develop a report that contains the 
                general ledger data and operating statistics from 
                Amtrak's accounting systems used to calculate payments 
                to States. Amtrak shall provide to the States and the 
                Committee the report for the prior month not later than 
                30 days after the last day of each month'';
            (3) in subsection (e) by inserting ``, including incentives 
        to increase revenue, reduce costs, finalize contracts by the 
        beginning of the fiscal year, and require States to promptly 
        make payments for services delivered'' before the period;
            (4) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) by inserting ``and annually review and 
                        update, as necessary,'' after ``shall 
                        develop''; and
                            (ii) by inserting before ``The Committee 
                        may consult'' the following: ``The statement 
                        shall include a list of capital projects, 
                        including infrastructure, fleet, station, and 
                        facility initiatives, needed to support the 
                        growth of State-supported routes.'';
                    (B) in paragraph (2) by striking ``Not later than 2 
                years'' and all that follows through ``transmit the 
                statement'' and inserting ``The Committee shall 
                transmit, not later than March 31 of each year, the 
                most recent annual update to the statement''; and
                    (C) by adding at the end the following:
            ``(3) Sense of congress.--It is the sense of Congress that 
        the Committee shall be the forum where Amtrak and States 
        collaborate on the planning, improvement, and development of 
        corridor routes across the National Network. The Committee 
        shall identify obstacles to intercity passenger rail growth and 
        identify solutions to overcome such obstacles.'';
            (5) by redesignating subsections (g) and (h) as subsections 
        (j) and (k), respectively; and
            (6) by inserting after subsection (f) the following:
    ``(g) New State-Supported Routes.--
            ``(1) Consultation.--In developing a new State-supported 
        route, Amtrak shall consult with the following:
                    ``(A) The State or States and local municipalities 
                where such new service would operate.
                    ``(B) Commuter authorities and regional 
                transportation authorities (as such terms are defined 
                in section 24102) in the areas that would be served by 
                the planned route.
                    ``(C) Host railroads.
                    ``(D) Administrator of the Federal Railroad 
                Administration.
                    ``(E) Other stakeholders, as appropriate.
            ``(2) State commitments.--Notwithstanding any other 
        provision of law, before beginning construction necessary for, 
        or beginning operation of, a State-supported route that is 
        initiated on or after the date of enactment of the TRAIN Act, 
        Amtrak shall enter into a memorandum of understanding, or 
        otherwise secure an agreement, with the State in which such 
        route will operate for sharing--
                    ``(A) ongoing operating costs and capital costs in 
                accordance with the cost allocation methodology 
                described under subsection (a); or
                    ``(B) ongoing operating costs and capital costs in 
                accordance with the alternative cost allocation 
                schedule described in paragraph (3).
            ``(3) Alternative cost allocation.--Under the alternative 
        cost allocation schedule described in this paragraph, with 
        respect to costs not covered by revenues for the operation of 
        the new State-supported route, Amtrak shall pay--
                    ``(A) the share Amtrak otherwise would have paid 
                under the cost allocation methodology under subsection 
                (a); and
                    ``(B) a percentage of the share that the State 
                otherwise would have paid under the cost allocation 
                methodology under subsection (a) according to the 
                following:
                            ``(i) Amtrak shall pay up to 100 percent of 
                        the capital costs necessary to initiate a new 
                        State-supported route, including planning and 
                        development, design, and environmental 
                        analysis, prior to beginning operations on the 
                        new route.
                            ``(ii) For the first 2 years of operation, 
                        Amtrak shall pay for 100 percent of operating 
                        costs and capital costs.
                            ``(iii) For the third year of operation, 
                        Amtrak shall pay 90 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder.
                            ``(iv) For the fourth year of operation, 
                        Amtrak shall pay 80 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder.
                            ``(v) For the fifth year of operation, 
                        Amtrak shall pay 50 percent of operating costs 
                        and capital costs and the State shall pay the 
                        remainder.
                            ``(vi) For the sixth year of operation and 
                        thereafter, operating costs and capital costs 
                        shall be allocated in accordance with the cost 
                        allocation methodology described under 
                        subsection (a), as applicable.
            ``(4) Application of terms.--In this subsection, the terms 
        `capital cost' and `operating cost' shall apply in the same 
        manner as such terms apply under the cost allocation 
        methodology developed under subsection (a).
    ``(h) Cost Allocation Methodology and Implementation Report.--
            ``(1) In general.--Not later than 18 months after the date 
        of enactment of the TRAIN Act, the Committee shall submit to 
        the Committee on Transportation and Infrastructure of the House 
        of Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report assessing potential 
        improvements to the cost allocation methodology required and 
        approved under section 209 of the Passenger Rail Investment and 
        Improvement Act of 2008 (49 U.S.C. 24101 note).
            ``(2) Report contents.--The report required under paragraph 
        (1) shall--
                    ``(A) identify improvements to the cost allocation 
                methodology that would promote--
                            ``(i) transparency of route and train costs 
                        and revenues;
                            ``(ii) facilitation of service and network 
                        growth;
                            ``(iii) improved services for the traveling 
                        public;
                            ``(iv) maintenance or achievement of labor 
                        collective bargaining agreements;
                            ``(v) increased revenues; and
                            ``(vi) reduced costs;
                    ``(B) describe the various contracting approaches 
                used in State-supported services between States and 
                Amtrak, including the method, amount, and timeliness of 
                payments for each State-supported service;
                    ``(C) evaluate the potential benefits and 
                feasibility, including identifying any necessary 
                statutory changes, of implementing a service pricing 
                model for State-supported routes in lieu of a cost 
                allocation methodology and how such a service pricing 
                model would advance the priorities described in 
                subparagraph (A); and
                    ``(D) summarize share of costs from the cost 
                allocation methodology that are--
                            ``(i) assigned;
                            ``(ii) allocated regionally or locally; and
                            ``(iii) allocated nationally.
            ``(3) Update to the methodology.--Not later than 2 years 
        after the implementation of the TRAIN Act, the Committee shall 
        update the methodology, if necessary, based on the findings of 
        the report required under paragraph (1).
    ``(i) Identification of State-Supported Route Changes.--Amtrak 
shall provide an update in the general and legislative annual report 
under section 24315(b) of planned or proposed changes to State-
supported routes, including the introduction of new State-supported 
routes. In identifying routes to be included in such request, Amtrak 
shall--
            ``(1) identify the timeframe in which such changes could 
        take effect and whether Amtrak has entered into a commitment 
        with a State under subsection (g)(2); and
            ``(2) consult with the Committee and any additional States 
        in which proposed routes may operate, not less than 120 days 
        before the annual grant request is transmitted to the 
        Secretary.''.
    (b) Conforming Amendment.--Section 24315(b)(1) of title 49, United 
States Code, is amended--
            (1) by redesignating subparagraph (B) as subparagraph (C);
            (2) in subparagraph (A) by striking ``section 24902(b) of 
        this title; and'' and inserting ``section 24902(a) of this 
        title;''; and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) shall identify the planned or proposed State-
                supported routes, as required under section 24712(i); 
                and''.

SEC. 9210. AMTRAK POLICE DEPARTMENT.

    (a) Department Mission.--Not later than 180 days after the date of 
enactment of this Act, Amtrak shall identify the mission of the Amtrak 
Police Department (in this section referred to as the ``Department''), 
including the scope and priorities of the Department, in mitigating 
risks to and ensuring the safety and security of Amtrak passengers, 
employees, trains, stations, facilities, and other infrastructure. In 
identifying such mission, Amtrak shall consider--
            (1) the unique needs of maintaining the safety and security 
        of Amtrak's network; and
            (2) comparable passenger rail systems and the mission of 
        the police departments of such rail systems.
    (b) Workforce Planning Process.--Not later than 120 days after 
identifying the mission of the Department under subsection (a), Amtrak 
shall develop a workforce planning process that--
            (1) ensures adequate employment levels and allocation of 
        sworn and civilian personnel, including patrol officers, 
        necessary for fulfilling the Department's mission; and
            (2) sets performance goals and metrics for the Department 
        and monitors and evaluates the Department's progress toward 
        such goals and metrics.
    (c) Considerations.--In developing the workforce planning process 
under subsection (b), Amtrak shall--
            (1) identify critical positions, skills, and competencies 
        necessary for fulfilling the Department's mission;
            (2) analyze employment levels and ensure that--
                    (A) an adequate number of civilian and sworn 
                personnel are allocated across the Department's 6 
                geographic divisions, including patrol officers, 
                detectives, canine units, special operations unit, 
                strategic operations, intelligence, corporate security, 
                the Office of Professional Responsibilities, and the 
                Office of Chief of Polices; and
                    (B) patrol officers have an adequate presence on 
                trains and route segments, and in stations, facilities, 
                and other infrastructure;
            (3) analyze workforce gaps and develop strategies to 
        address any such gaps;
            (4) consider the risks identified by Amtrak's triannual 
        risk assessments;
            (5) consider variables, including ridership levels, miles 
        of right-of-way, crime data, call frequencies, interactions 
        with vulnerable populations, and workload, that comparable 
        passenger rail systems with similar police departments consider 
        in the development of the workforce plans of such systems; and
            (6) consider collaboration or coordination with local, 
        State, Tribal, and Federal agencies, and public transportation 
        agencies to support the safety and security of the Amtrak 
        network.
    (d) Consultation.--In carrying out this section, Amtrak shall 
consult with the Amtrak Police Department Labor Committee, public 
safety experts, foreign or domestic entities providing passenger rail 
service comparable to Amtrak, and any other relevant entities, as 
determined by Amtrak.
    (e) Reports.--
            (1) Report on mission of department.--Not later than 10 
        days after Amtrak identifies the mission of the Department 
        under subsection (a), Amtrak shall transmit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing a description 
        of the mission of the Department and the reasons for the 
        content of such mission.
            (2) Report on workforce planning process.--Not later than 
        10 days after Amtrak completes the workforce planning process 
        under subsection (b), Amtrak shall transmit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing the workforce 
        planning process, the underlying data used to develop such 
        process, and how such process will achieve the Department's 
        mission.

SEC. 9211. AMTRAK FOOD AND BEVERAGE.

    (a) Amtrak Food and Beverage.--Section 24321 of title 49, United 
States Code, is amended to read as follows:
``Sec. 24321. Amtrak food and beverage
    ``(a) Ensuring Access to Food and Beverage Services.--On all long-
distance routes, Amtrak shall ensure that all passengers who travel 
overnight on such route shall have access to purchasing the food and 
beverages that are provided to sleeping car passengers on such route.
    ``(b) Food and Beverage Workforce.--
            ``(1) Workforce requirement.--Amtrak shall ensure that any 
        individual onboard a train who prepares food and beverages is 
        an Amtrak employee.
            ``(2) Savings clause.--No Amtrak employee holding a 
        position as of the date of enactment of the TRAIN Act may be 
        involuntarily separated because of any action taken by Amtrak 
        to implement this section, including any employees who are 
        furloughed as a result of the COVID-19 pandemic.
    ``(c) Savings Clause.--Amtrak shall ensure that no Amtrak employee 
holding a position as of the date of enactment of the Passenger Rail 
Reform and Investment Act of 2015 is involuntarily separated because of 
the development and implementation of the plan required by the 
amendments made by section 11207 of such Act.''.
    (b) Technical and Conforming Amendments.--
            (1) Analysis.--The item relating to section 24321 in the 
        analysis for chapter 243 of title 49, United States Code, is 
        amended to read as follows:

``24321. Amtrak food and beverage.''.
            (2) Amtrak authority.--Section 24305(c)(4) of title 49, 
        United States Code, is amended by striking ``only if revenues 
        from the services each year at least equal the cost of 
        providing the services''.
            (3) Contracting out.--Section 121(c) of the Amtrak Reform 
        and Accountability Act of 1997 (49 U.S.C. 24312 note; 111 Stat. 
        2574) is amended by striking ``, other than work related to 
        food and beverage service,''.
    (c) Amtrak Food and Beverage Working Group.--
            (1) Establishment.--Not later than 90 days after the date 
        of enactment of this Act, Amtrak shall establish a working 
        group (in this subsection referred to as the ``Working Group'') 
        to provide recommendations on Amtrak onboard food and beverage 
        services.
            (2) Membership.--The Working Group shall consist of 
        individuals representing--
                    (A) Amtrak;
                    (B) the labor organizations representing Amtrak 
                employees who prepare or provide onboard food and 
                beverage services; and
                    (C) nonprofit organizations representing Amtrak 
                passengers.
            (3) Recommendations.--
                    (A) In general.--The Working Group shall develop 
                recommendations to increase ridership and improve 
                customer satisfaction by--
                            (i) promoting collaboration and engagement 
                        between Amtrak, Amtrak passengers, and Amtrak 
                        employees preparing or providing onboard food 
                        and beverage services, prior to Amtrak 
                        implementing changes to onboard food and 
                        beverage services;
                            (ii) improving onboard food and beverage 
                        services; and
                            (iii) improving solicitation, reception, 
                        and consideration of passenger feedback 
                        regarding onboard food and beverage services.
                    (B) Considerations.--In developing the 
                recommendations under subparagraph (A), the Working 
                Group shall consider--
                            (i) the healthfulness of onboard food and 
                        beverages offered, including the ability of 
                        passengers to address dietary restrictions;
                            (ii) the preparation and delivery of 
                        onboard food and beverages;
                            (iii) the differing needs of passengers 
                        traveling on long-distance routes, State-
                        supported routes, and the Northeast Corridor;
                            (iv) the reinstatement of the dining car 
                        service on long-distance routes;
                            (v) Amtrak passenger survey data about the 
                        food and beverages offered on Amtrak trains; 
                        and
                            (vi) any other issue the Working Group 
                        determines appropriate.
            (4) Reports.--
                    (A) Initial report.--Not later than 1 year after 
                the date on which the Working Group is established, the 
                Working Group shall submit to the Board of Directors of 
                Amtrak, the Committee on Transportation and 
                Infrastructure of the House of Representatives, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate a report containing the recommendations 
                developed under paragraph (3).
                    (B) Subsequent report.--Not later than 30 days 
                after the date on which the Working Group submits the 
                report required under subparagraph (A), Amtrak shall 
                submit to the Committee on Transportation and 
                Infrastructure of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate a report on whether Amtrak agrees with the 
                recommendations of the Working Group and describing any 
                plans to implement such recommendations.
            (5) Prohibition on food and beverage service changes.--
        During the period beginning on the date of enactment of this 
        Act and ending 30 days after the date on which Amtrak submits 
        the report required under paragraph (4)(B), Amtrak may not make 
        large-scale, structural changes to existing onboard food and 
        beverage services, except that Amtrak shall reverse any changes 
        to onboard food and beverage service made in response to the 
        COVID-19 pandemic as Amtrak service is restored.
            (6) Termination.--The Working Group shall terminate on the 
        date on which Amtrak submits the report required under 
        paragraph (4)(B), except that Amtrak may extend such date by up 
        to 1 year if Amtrak determines that the Working Group is 
        beneficial to Amtrak in making decisions related to onboard 
        food and beverage services. If Amtrak extends such date, Amtrak 
        shall include notification of the extension in the report 
        required under paragraph (4)(B).
            (7) Nonapplicability of federal advisory committee act.--
        The Federal Advisory Committee Act (5 U.S.C. App.) does not 
        apply to the Working Group established under this section.
            (8) Long-distance route; northeast corridor; and state-
        supported route defined.--In this subsection, the terms ``long-
        distance route'', ``Northeast Corridor'', and ``State-supported 
        route'' have the meaning given those terms in section 24102 of 
        title 49, United States Code.

SEC. 9212. CLARIFICATION ON AMTRAK CONTRACTING OUT.

    Section 121 of the Amtrak Reform and Accountability Act of 1997 (49 
U.S.C. 24312 note; 111 Stat. 2574) is amended by striking subsection 
(d) and inserting the following:
    ``(d) Furloughed Work.--Amtrak may not contract out work within the 
scope of work performed by an employee in a bargaining unit covered by 
a collective bargaining agreement entered into between Amtrak and an 
organization representing Amtrak employees during the period of time 
such employee has been laid off and has not been recalled to perform 
such work.
    ``(e) Agreement Prohibitions on Contracting Out.--This section does 
not--
            ``(1) supersede a prohibition or limitation on contracting 
        out work covered by a collective bargaining agreement entered 
        into between Amtrak and an organization representing Amtrak 
        employees; or
            ``(2) prohibit Amtrak and an organization representing 
        Amtrak employees from entering into a collective bargaining 
        agreement that allows for contracting out the work of a 
        furloughed employee that would otherwise be prohibited under 
        subsection (d).''.

SEC. 9213. AMTRAK STAFFING.

    Section 24312 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(c) Call Center Staffing.--
            ``(1) Outsourcing.--Amtrak may not renew or enter into a 
        contract to outsource call center customer service work on 
        behalf of Amtrak, including through a business process 
        outsourcing group.
            ``(2) Training.--Amtrak shall make available appropriate 
        training programs to any Amtrak call center employee carrying 
        out customer service activities using telephone or internet 
        platforms.
    ``(d) Station Agent Staffing.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of the TRAIN Act, Amtrak shall 
        ensure that at least one Amtrak ticket agent is employed at 
        each station building where at least one Amtrak ticket agent 
        was employed on or after October 1, 2017.
            ``(2) Locations.--Notwithstanding section (1), beginning on 
        the date that is 1 year after the date of enactment of the 
        TRAIN Act, Amtrak shall ensure that at least one Amtrak ticket 
        agent is employed at each station building--
                    ``(A) that Amtrak owns, or operates service 
                through, as part of a passenger service route; and
                    ``(B) for which the number of passengers boarding 
                or deboarding an Amtrak long-distance train in the 
                previous fiscal year exceeds the average of at least 40 
                passengers per day over all days in which the station 
                was serviced by Amtrak, regardless of the number of 
                Amtrak vehicles servicing the station per day. For 
                fiscal year 2021, ridership from fiscal year 2019 shall 
                be used to determine qualifying stations.
            ``(3) Exception.--This subsection does not apply to any 
        station building in which a commuter rail ticket agent has the 
        authority to sell Amtrak tickets.
            ``(4) Amtrak ticket agent.--For purposes of this section, 
        the term `Amtrak ticket agent' means an Amtrak employee with 
        authority to sell Amtrak tickets onsite and assist in the 
        checking of Amtrak passenger baggage.''.

SEC. 9214. SPECIAL TRANSPORTATION.

    Section 24307(a) of title 49, United States Code, is amended--
            (1) in the matter preceding paragraph (1) by striking ``for 
        the following:'' and inserting ``of at least a 10 percent 
        discount on full-price coach class rail fares for, at a 
        minimum--'';
            (2) in paragraph (1) by striking the period at the end and 
        inserting a semicolon; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) individuals of 12 years of age or younger;
            ``(3) individuals with a disability, as such term is 
        defined in section 3 of the Americans with Disabilities Act of 
        1990 (42 U.S.C. 12102);
            ``(4) members of the Armed Forces on active duty (as those 
        terms are defined in section 101 of title 10) and their spouses 
        and dependents with valid identification;
            ``(5) veterans (as that term is defined in section 101 of 
        title 38) with valid identification; and
            ``(6) individuals attending federally-accredited 
        postsecondary education institutions with valid student 
        identification cards.''.

SEC. 9215. DISASTER AND EMERGENCY RELIEF PROGRAM.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 24324. Disaster and emergency relief program
    ``(a) In General.--The Secretary of Transportation may make grants 
to Amtrak for--
            ``(1) capital projects to repair, reconstruct, or replace 
        equipment, infrastructure, stations, and other facilities that 
        the Secretary determines are in danger of suffering serious 
        damage, or have suffered serious damage, as a result of an 
        emergency event;
            ``(2) offset revenue lost as a result of such an event; and
            ``(3) support continued operations following emergency 
        events.
    ``(b) Coordination of Emergency Funds.--Funds made available to 
carry out this section shall be in addition to any other funds 
available and shall not affect the ability of Amtrak to use any other 
funds otherwise authorized by law.
    ``(c) Grant Conditions.--Grants made under this subsection (a) 
shall be subject to section 22905(c)(2)(A) and other such terms and 
conditions as the Secretary determines necessary.
    ``(d) Definition of Emergency Event.--In this section, the term 
`emergency event' has the meaning given such term in section 20103.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24324. Disaster and emergency relief program.''.

SEC. 9216. RECREATIONAL TRAIL ACCESS.

    Section 24315 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(i) Recreational Trail Access.--At least 30 days before 
implementing a new policy, structure, or operation that impedes 
recreational trail access, Amtrak shall work with potentially affected 
communities, making a good-faith effort to address local concerns about 
such recreational trail access. Not later than February 15 of each 
year, Amtrak shall submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on any such 
engagement in the preceding calendar year, and any changes to policies, 
structures, or operations affecting recreational trail access that were 
considered or made as a result. Such report shall include Amtrak's 
plans to mitigate the impact to such recreational trail access.''.

SEC. 9217. INVESTIGATION OF SUBSTANDARD PERFORMANCE.

    Section 24308(f) of title 49, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) by striking ``If the on-time'' and inserting 
                ``If either the on-time'';
                    (B) by inserting ``, measured at each station on 
                its route based upon the arrival times plus 15 minutes 
                shown in schedules Amtrak and the host railroad have 
                agreed to or have been determined by the Surface 
                Transportation Board pursuant to section 213 of the 
                Passenger Rail Investment and Improvement Act of 2008 
                as of or subsequent to the date of enactment of the 
                TRAIN Act,'' after ``intercity passenger train'' the 
                first place it appears; and
                    (C) by striking ``or the service quality of'' and 
                inserting ``or the on-time performance of'';
            (2) in paragraph (2) by striking ``minimum standards 
        investigated under paragraph (1)'' and inserting ``either 
        performance standard under paragraph (1)''; and
            (3) in paragraph (4) by striking ``or failures to achieve 
        minimum standards'' and inserting ``or failure to achieve 
        either performance standard under paragraph (1)''.

SEC. 9218. AMTRAK CYBERSECURITY ENHANCEMENT GRANT PROGRAM.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following:
``Sec. 24325. Amtrak cybersecurity enhancement grant program
    ``(a) In General.--The Secretary of Transportation shall make 
grants to Amtrak for improvements in information technology systems, 
including cyber resiliency improvements for Amtrak information 
technology assets.
    ``(b) Application of Best Practices.--Any cyber resiliency 
improvements carried out with a grant under this section shall be 
consistent with the principles contained in the special publication 
numbered 800-160 issued by the National Institute of Standards and 
Technology Special and any other applicable security controls published 
by the Institute.
    ``(c) Coordination of Cybersecurity Funds.--Funds made available to 
carry out this section shall be in addition to any other Federal funds 
and shall not affect the ability of Amtrak to use any other funds 
otherwise authorized by law for purposes of enhancing the cybersecurity 
architecture of Amtrak.
    ``(d) Grant Conditions.--Grants made under this section shall be 
subject to such terms and conditions as the Secretary determines 
necessary.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24325. Amtrak cybersecurity enhancement grant program.''.

SEC. 9219. AMTRAK AND PRIVATE CARS.

    (a) Sense of Congress.--It is the sense of Congress that private 
cars and charter trains can--
            (1) improve Amtrak's financial performance, particularly on 
        the long-distance routes;
            (2) have promotional value for Amtrak that results in 
        future travel on Amtrak trains by passengers made aware of 
        Amtrak as a result;
            (3) support private-sector jobs, including for mechanical 
        work and on-board services; and
            (4) provide good-will benefits to Amtrak.
    (b) Policy Review.--Amtrak shall review the policy changes since 
January 1, 2018, that have caused significant changes to the 
relationship between Amtrak and private car owners and charter train 
services and evaluate opportunities to strengthen these services, 
including by reinstating some access points and restoring flexibility 
to charter-train policies. For charter trains, private cars, and 
package express carried on regular Amtrak trains, consistent with sound 
business practice, Amtrak should recover direct costs plus a reasonable 
profit margin.

SEC. 9220. AMTRAK OFFICE OF COMMUNITY OUTREACH.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
further amended by adding at the end the following new section:
``Sec. 24326. Amtrak Office of Community Outreach
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the TRAIN Act, Amtrak shall establish an Office of 
Community Outreach to engage with communities impacted by Amtrak 
operations.
    ``(b) Responsibilities.--The Office of Community Outreach shall be 
responsible for--
            ``(1) outreach and engagement with--
                    ``(A) local officials before capital improvement 
                project plans are finalized; and
                    ``(B) local stakeholders and relevant organizations 
                on projects of community significance;
            ``(2) clear explanation and publication of how community 
        members can communicate with Amtrak;
            ``(3) the use of virtual public involvement, social media, 
        and other web-based tools to encourage public participation and 
        solicit public feedback; and
            ``(4) making publicly available on the website of Amtrak, 
        planning documents for proposed and implemented capital 
        improvement projects.
    ``(c) Report to Congress.--Not later than 1 year after the 
establishment of the Office of Community Outreach, and annually 
thereafter, Amtrak shall submit to the Committee on Transportation and 
Infrastructure in the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report that--
            ``(1) describes the community outreach efforts undertaken 
        by the Amtrak Office of Community Outreach for the previous 
        year; and
            ``(2) identifies changes Amtrak made to capital improvement 
        project plans after engagement with affected communities.''.
    (b) Clerical Amendment.--The analysis for chapter 243 of title 49, 
United States Code, is further amended by adding at the end the 
following:

``24326. Amtrak Office of Community Outreach.''.

SEC. 9221. SENSE OF CONGRESS.

    (a) Findings.--Congress finds the following:
            (1) Amtrak received $1,018,000,000 in aid from Congress as 
        part of the CARES Act, to help Amtrak and its state partners 
        respond to the drastic drop in demand caused by the coronavirus 
        pandemic.
            (2) The CARES Act also included a provision requiring that, 
        for any employee who is furloughed as a result of the pandemic, 
        Amtrak provide such employee the opportunity to return to the 
        job as service ramps back up, thereby helping prevent the 
        health crisis from being a reason to outsource work.
            (3) Amtrak has requested additional funds to help it 
        respond to the continued loss of passenger demand while also 
        announcing plans to permanently cut 20 percent of its 
        workforce, which could hinder its ability to serve the Amtrak 
        national passenger rail system, including its long-distance 
        routes, now and in the future.
            (4) Additionally, Amtrak recently announced its intention 
        to eliminate daily service on most of its long-distance routes, 
        leaving only one long-distance route to operate daily. These 
        reductions are set to begin October 1, 2020.
            (5) Estimates indicate the plan to decrease service would 
        drastically impact as many as 461 stations.
            (6) If the service disruptions are implemented, the 
        passengers served by these long-distance trains would be 
        disconnected from a critical transportation option, and these 
        communities would lose important economic contributions 
        generated by this service . These cuts would also impact the 
        lives of Amtrak employees whose work contributes to the 
        operation of these trains.
            (7) Amtrak has not provided Congress, the public at large, 
        or its workforce, sufficient notice or explanation of its plan 
        to restore service to communities served by long-distance 
        routes.
    (b) Sense of Congress.--Congress is concerned by the recent 
announcements from Amtrak that it intends to reduce its workforce and 
its daily long-distance train service and calls on Amtrak to provide 
assurance about the future of the passenger rail network and its 
employees.

               TITLE III--INTERCITY PASSENGER RAIL POLICY

SEC. 9301. NORTHEAST CORRIDOR COMMISSION.

    Section 24905 of title 49, United States Code, is amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (A) by striking ``members'' and 
                inserting ``4 members'';
                    (B) in subparagraph (B) by striking ``members'' and 
                inserting ``5 members''; and
                    (C) in subparagraph (D) by striking ``and commuter 
                railroad carriers using the Northeast Corridor selected 
                by the Secretary'' and inserting ``railroad carriers 
                and commuter authorities using the Northeast Corridor, 
                as determined by the Commission'';
            (2) by striking paragraph (2) of subsection (a) and 
        inserting the following:
            ``(2) At least two of the members described in paragraph 
        (1)(B) shall be career appointees, as such term is defined in 
        section 3132(a) of title 5.'';
            (3) in subsection (b)(3)(B)--
                    (A) in clause (i) by inserting ``, including 
                ridership trends,'' before ``along the Northeast 
                Corridor'';
                    (B) in clause (ii) by striking ``capital investment 
                plan described in section 24904.'' and inserting 
                ``first year of the capital investment plan described 
                in section 24904; and''; and
                    (C) by adding at the end the following:
                            ``(iii) progress in assessing and 
                        eliminating the state-of-good-repair 
                        backlog.'';
            (4) in subsection (c)--
                    (A) by striking ``(1) Development'' and all that 
                follows through ``standardized policy'' and inserting 
                the following:
            ``(1) Policy.--The Commission shall--
                    ``(A) maintain and update, as appropriate, the 
                `Northeast Corridor Commuter and Intercity Rail Cost 
                Allocation Policy' approved on September 17, 2015,'';
                    (B) in paragraph (1)--
                            (i) in subparagraph (B) by striking ``a 
                        proposed timetable for implementing'' and 
                        inserting ``timetables for implementing and 
                        maintaining'';
                            (ii) in subparagraph (C) by striking ``the 
                        policy and the timetable'' and inserting 
                        ``updates to the policy and the timetables''; 
                        and
                            (iii) by striking subparagraph (D) and 
                        inserting the following:
                    ``(D) support the efforts of the members of the 
                Commission to implement the policy in accordance with 
                such timetables; and'';
                    (C) in paragraph (2)--
                            (i) by striking the first sentence and 
                        inserting ``In accordance with the timetable 
                        developed in paragraph (1), Amtrak and commuter 
                        authorities on the Northeast Corridor shall 
                        implement the policy developed under paragraph 
                        (1) in agreements for usage of facilities or 
                        services.'';
                            (ii) by striking ``fail to implement such 
                        new agreements'' and inserting ``fail to 
                        implement the policy''; and
                            (iii) by striking ``paragraph (1)(A), as 
                        applicable'' and inserting ``paragraph (1)''; 
                        and
                    (D) in paragraph (4) by striking ``public 
                authorities providing commuter rail passenger 
                transportation'' and inserting ``commuter 
                authorities'';
            (5) by striking subsection (d);
            (6) by redesignating subsection (e) as subsection (d); and
            (7) in paragraph (1)(D) of subsection (d) (as redesignated 
        by paragraph (6)) by striking ``commuter rail agencies'' and 
        inserting ``commuter authorities''.

SEC. 9302. NORTHEAST CORRIDOR PLANNING.

    (a) In General.--Section 24904 of title 49, United States Code, is 
amended--
            (1) by redesignating subsection (e) as subsection (f);
            (2) by striking subsection (c);
            (3) by redesignating subsections (a) and (b) as subsections 
        (b) and (c), respectively;
            (4) by inserting before subsection (b), as so redesignated, 
        the following:
    ``(a) Strategic Development Plan.--
            ``(1) Requirement.--Not later than December 31, 2021, the 
        Northeast Corridor Commission established under section 24905 
        (referred to in this section as the `Commission') shall submit 
        to Congress a strategic development plan that identifies key 
        state-of-good-repair, capacity expansion, and capital 
        improvement projects planned for the Northeast Corridor, to 
        upgrade aging infrastructure and improve the reliability, 
        capacity, connectivity, performance, and resiliency of 
        passenger rail service on the Northeast Corridor.
            ``(2) Contents.--The strategic development plan required 
        under paragraph (1) shall--
                    ``(A) provide a coordinated and consensus-based 
                plan covering a period of 15 years;
                    ``(B) identify service objectives and capital 
                investments needs;
                    ``(C) provide a delivery-constrained strategy that 
                identifies capital investment phasing, an evaluation of 
                workforce needs, and strategies for managing resources 
                and mitigating construction impacts on operations;
                    ``(D) include a financial strategy that identifies 
                funding needs and potential sources and includes an 
                economic impact analysis; and
                    ``(E) be updated at least every 5 years.'';
            (5) in subsection (b) (as redesignated by paragraph (3))--
                    (A) by striking ``Not later than'' and all that 
                follows through ``shall'' and inserting ``Not later 
                than November 1 of each year, the Commission shall'';
                    (B) in paragraph (1)(A) by striking ``a capital 
                investment plan'' and inserting ``an annual capital 
                investment plan'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A) by striking ``and 
                        network optimization'';
                            (ii) in subparagraph (B) by striking ``and 
                        service'';
                            (iii) in subparagraph (C) by striking 
                        ``first fiscal year after the date on which'' 
                        and inserting ``fiscal year during which'';
                            (iv) in subparagraph (D) by striking 
                        ``identify, prioritize,'' and all that follows 
                        through ``and consider'' and inserting 
                        ``document the projects and programs being 
                        undertaken to achieve the service outcomes 
                        identified in the Northeast Corridor strategic 
                        development plan, once available, and the asset 
                        condition needs identified in the Northeast 
                        Corridor asset management plans and consider''; 
                        and
                            (v) in subparagraph (E)(i) by striking 
                        ``normalized capital replacement and''; and
                    (D) in paragraph (3)(B) by striking ``expected 
                allocated shares of costs'' and inserting ``status of 
                cost sharing agreements'';
            (6) in subsection (c) (as redesignated by paragraph (3)) by 
        striking ``may be spent only on'' and all that follows through 
        the end and inserting ``may be spent only on capital projects 
        and programs contained in the Commission's capital investment 
        plan from the previous year.''; and
            (7) by striking subsection (d) and inserting the following:
    ``(d) Review and Coordination.--The Commission shall gather 
information from Amtrak, the States in which the Northeast Corridor is 
located, and commuter rail authorities to support development of the 
capital investment plan. The Commission may specify a format and other 
criteria for the information submitted. Submissions to the plan from 
Amtrak, States in which the Northeast Corridor are located, and 
commuter rail authorities shall be provided to the Commission in a 
manner that allows for a reasonable period of review by, and 
coordination with, affected agencies.
    ``(e) Northeast Corridor Asset Management.--With regard to existing 
infrastructure, Amtrak and other infrastructure owners that provide or 
support intercity rail passenger transportation on the Northeast 
Corridor shall develop an asset management system, and use and update 
such system as necessary, to develop submissions to the Northeast 
Corridor capital investment plan described in subsection (b). Such 
system shall--
            ``(1) be consistent with the Federal Transit Administration 
        process, as authorized under section 5326, when implemented; 
        and
            ``(2) include, at a minimum--
                    ``(A) an inventory of all capital assets owned by 
                the developer of the plan;
                    ``(B) an assessment of asset condition;
                    ``(C) a description of the resources and processes 
                necessary to bring or maintain those assets in a state 
                of good repair; and
                    ``(D) a description of changes in asset condition 
                since the previous version of the plan.''.
    (b) Conforming Amendments.--
            (1) Accounts.--Section 24317(d)(1) of title 49, United 
        States Code, is amended--
                    (A) in subparagraph (B) by striking 
                ``24904(a)(2)(E)'' and inserting ``24904(b)(2)(E)''; 
                and
                    (B) in subparagraph (F) by striking ``24904(b)'' 
                and inserting ``24904(c)''.
            (2) Federal-state partnership for state of good repair.--
        Section 24911(e)(2) of title 49, United States Code, is amended 
        by striking ``24904(a)'' and inserting ``24904(b)''.

SEC. 9303. PROTECTIVE ARRANGEMENTS.

    Section 22905 of title 49, United States Code, is amended--
            (1) in subsection (c)(2)(B) by striking ``that are 
        equivalent to the protective arrangements established under 
        section 504 of the Railroad Revitalization and Regulatory 
        Reform Act of 1976 (45 U.S.C. 836)'' and inserting 
        ``established by the Secretary under subsection (e)(1)'';
            (2) by redesignating subsections (e) and (f) as subsections 
        (f) and (g), respectively; and
            (3) by inserting after subsection (d) the following:
    ``(e) Equivalent Employee Protections.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of this subsection, the Administrator of the 
        Federal Railroad Administration shall establish protective 
        arrangements equivalent to those established under section 504 
        of the Railroad Revitalization and Regulatory Reform Act of 
        1976 (45 U.S.C. 836), and require such protective arrangements 
        to apply to employees described under subsection (c)(2)(B) and 
        as required under subsection (j) of section 22907.
            ``(2) Publication.--The Administrator shall make available 
        on a publicly available website the protective arrangements 
        established under paragraph (1).''.

SEC. 9304. HIGH-SPEED RAIL FUNDS.

    (a) In General.--Notwithstanding any other provision of law and not 
later than 90 days after the date of enactment of this Act, the 
Secretary of Transportation shall reinstate any cooperative agreement 
terminated after January 1, 2019 that was originally entered into under 
the heading ``Capital Assistance for High Speed Rail Corridors and 
Intercity Passenger Rail Service'' in the Department of Transportation 
Appropriations Act, 2010 (Public Law 111-117).
    (b) Inclusion.--The reinstatement under subsection (a) shall 
include the obligation to such agreement of all of the funds obligated 
to such agreement as of the date of termination of such agreement.
    (c) Grant Conditions.--The reinstatement under subsection (a) shall 
include all grant conditions required under such agreement, including 
section 22905(c)(2)(A) of title 49, United States Code, as of the date 
of termination of such agreement.

                     TITLE IV--COMMUTER RAIL POLICY

SEC. 9401. SURFACE TRANSPORTATION BOARD MEDIATION OF TRACKAGE USE 
              REQUESTS.

    Section 28502 of title 49, United States Code, is amended to read 
as follows:
``Sec. 28502. Surface Transportation Board mediation of trackage use 
              requests
    ``A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to trackage and provision of related 
services. If, after a reasonable period of negotiation, a public 
transportation authority cannot reach agreement with a rail carrier to 
use trackage of, and have related services provided by, the rail 
carrier for purposes of commuter rail passenger transportation, the 
public transportation authority or the rail carrier may apply to the 
Board for nonbinding mediation. In any case in which dispatching for 
the relevant trackage is controlled by a rail carrier other than the 
trackage owner, both shall be subject to the requirements of this 
section and included in the Board's mediation process. The Board shall 
conduct the nonbinding mediation in accordance with the mediation 
process of section 1109.4 of title 49, Code of Federal Regulations, as 
in effect on the date of enactment of the TRAIN Act.''.

SEC. 9402. SURFACE TRANSPORTATION BOARD MEDIATION OF RIGHTS-OF-WAY USE 
              REQUESTS.

    Section 28503 of title 49, United States Code, is amended to read 
as follows:
``Sec. 28503. Surface Transportation Board mediation of rights-of-way 
              use requests
    ``A rail carrier shall provide good faith consideration to a 
reasonable request from a provider of commuter rail passenger 
transportation for access to rail right-of-way for the construction and 
operation of a segregated fixed guideway facility. If, after a 
reasonable period of negotiation, a public transportation authority 
cannot reach agreement with a rail carrier to acquire an interest in a 
railroad right-of-way for the construction and operation of a 
segregated fixed guideway facility to provide commuter rail passenger 
transportation, the public transportation authority or the rail carrier 
may apply to the Board for nonbinding mediation. In any case in which 
dispatching for the relevant trackage is controlled by a rail carrier 
other than the right-of-way owner, both shall be subject to the 
requirements of this section and included in the Board's mediation 
process. The Board shall conduct the nonbinding mediation in accordance 
with the mediation process of section 1109.4 of title 49, Code of 
Federal Regulations, as in effect on the date of enactment of the TRAIN 
Act.''.

SEC. 9403. CHICAGO UNION STATION IMPROVEMENT PLANS.

    (a) One-Year Capital Improvement Plan.--
            (1) In general.--Not later than 90 days after the 
        conclusion of the Surface Transportation Board proceeding in 
        the petition by Amtrak for a proceeding pursuant to section 
        24903(c)(2) of title 49, United States Code (Docket No. FD 
        36332), Amtrak and Metra shall enter into an agreement for a 
        one-year capital improvement plan for Chicago Union Station.
            (2) Extension.--The deadline under paragraph (1) may be 
        extended with the consent of both Amtrak and Metra.
            (3) Submission of plan.--Amtrak and Metra shall transmit 
        the one-year capital improvement plan to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and Committee on Commerce, Science, and 
        Transportation of the Senate.
    (b) Five-Year Capital Improvement Plan.--
            (1) In general.--Not later than 180 days after the date on 
        which Amtrak and Metra enter into the agreement under 
        subsection (a), Amtrak shall enter into an agreement with Metra 
        for a 5-year capital improvement plan for Chicago Union 
        Station.
            (2) Extension.--The deadline required under paragraph (1) 
        may be extended with the consent of both Amtrak and Metra.
            (3) Submission of plan.--Amtrak and Metra shall transmit 
        the 5-year capital improvement plan to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and Committee on Commerce, Science, and 
        Transportation of the Senate.
    (c) Contents.--The capital improvement plans required under 
subsections (a) and (b) shall identify the projects that Amtrak and 
Metra agree to implement at Chicago Union Station within the timeframe 
of each such plan, including projects that improve--
            (1) areas considered outside the glass such as tracks, 
        platforms switches, and other rail infrastructure;
            (2) facilities for Amtrak and Metra crew; and
            (3) the operations of Chicago Union Station, such as the 
        dispatching of commuter and intercity passenger trains out of 
        Chicago Union Station.
    (d) Annual Progress Report.--Not later than 1 year after the date 
on which Amtrak and Metra enter into an agreement required under 
subsection (b), and annually thereafter for 5 years, Amtrak and Metra 
shall jointly submit to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report describing 
the progress Amtrak and Metra have made in implementing the plan 
required under subsection (b).
    (e) Definitions.--In this section:
            (1) Chicago union station.--The term ``Chicago Union 
        Station'' means the passenger train station located at 225 
        South Canal Street, Chicago, Illinois 60606, and its associated 
        facilities.
            (2) Metra.--The term ``Metra'' means the Northeast Illinois 
        Regional Commuter Railroad Corporation.

                          TITLE V--RAIL SAFETY

                Subtitle A--Passenger and Freight Safety

SEC. 9501. NATIONAL ACADEMIES STUDY ON SAFETY IMPACT OF TRAINS LONGER 
              THAN 7,500 FEET.

    (a) Study.--The Secretary of Transportation shall seek to enter 
into an agreement with the National Academies to conduct a study and 
issue to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the safety impacts of freight 
trains longer than 7,500 feet.
    (b) Contents.--The study conducted pursuant to subsection (a) shall 
include--
            (1) an examination of any potential risks of the operation 
        of such trains and recommendations on mitigation of such risks;
            (2) among other safety factors with respect to such trains, 
        an evaluation of--
                    (A) any increased risk of loss of communications 
                between the end of train device and the locomotive cab, 
                including communications over differing terrains and 
                conditions;
                    (B) any increased risk of loss of communications 
                between crewmembers, including communications over 
                differing terrains and conditions;
                    (C) any increased risk of derailments, including 
                risks associated with in-train compressive forces and 
                slack action or other safety risks in the operations of 
                such trains in differing terrains and conditions;
                    (D) safety risks associated with the deployment of 
                multiple distributed power units in the consists of 
                such trains; and
                    (E) impacts of the length of trains on braking and 
                locomotive performance and track wear and tear; and
            (3) an evaluation of whether additional engineer and 
        conductor training is required for safely operating such 
        trains.
    (c) Report.--Not later than 24 months after the date of enactment 
of this Act, the Secretary shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on the results of the study.
    (d) Funding.--From the amounts made available for fiscal year 2021 
to carry out section 20117(a) of title 49, United States Code, the 
Secretary shall expend not less than $1,000,000 and not more than 
$2,000,000 to carry out the study required under subsection (a).

SEC. 9502. GAO STUDY ON CHANGES IN FREIGHT RAILROAD OPERATING AND 
              SCHEDULING PRACTICES.

    (a) Study.--The Comptroller General of the United States shall 
study the impact on freight rail shippers, Amtrak, commuter railroads, 
railroad employees, and other affected parties of changes in freight 
railroad operating and scheduling practices as a result of the 
implementation of the precision scheduled railroading model.
    (b) Contents.--At minimum, the study shall examine--
            (1) the impacts of the operation of longer trains;
            (2) safety impacts of reduction in workforce, including 
        occupational injury rates, impacts to inspection frequencies 
        and repair quality, and changes in workforce demands;
            (3) the elimination or downsizing of yards, repair 
        facilities, and other operational facilities;
            (4) increases in demurrage or accessorial charges or other 
        costs to shippers;
            (5) capital expenditures for rail infrastructure; and
            (6) the effect of changes to dispatching practices and 
        locations of dispatching centers on--
                    (A) the on-time performance of passenger trains; 
                and
                    (B) the quality and reliability of service to 
                freight shippers.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report summarizing the study and the results of such study, including 
recommendations for addressing any negative impacts of precision 
scheduled railroading on freight shippers or passenger railroads.

SEC. 9503. FRA SAFETY REPORTING.

    (a) In General.--Section 20901 of title 49, United States Code, is 
amended by inserting ``(including the train length, the number of crew 
members on board the train, and the duties of such crew members)'' 
after ``reported accident or incident''.
    (b) Regulations.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall issue such 
regulations as are necessary to carry out the amendment made by 
subsection (a).

SEC. 9504. WAIVER NOTICE REQUIREMENTS.

    Section 20103(d) of title 49, United States Code, is amended to 
read as follows:
    ``(d) Nonemergency Waivers.--
            ``(1) In general.--The Secretary may waive compliance with 
        any part of a regulation prescribed or order issued under this 
        chapter if the waiver is in the public interest and consistent 
        with railroad safety.
            ``(2) Notice required.--The Secretary shall--
                    ``(A) provide timely public notice of any request 
                for a waiver under this subsection;
                    ``(B) make the application for such waiver and any 
                related underlying data available to interested 
                parties;
                    ``(C) provide the public with notice and a 
                reasonable opportunity to comment on a proposed waiver 
                under this subsection before making a final decision; 
                and
                    ``(D) make public the reasons for granting a waiver 
                under this subsection.
            ``(3) Information protection.--Nothing in this subsection 
        shall be construed to require the release of information 
        protected by law from public disclosure.''.

SEC. 9505. NOTICE OF FRA COMPREHENSIVE SAFETY ASSESSMENTS.

    (a) Initial Notice.--Not later than 10 business days after the 
Federal Railroad Administration initiates a comprehensive safety 
assessment of an entity providing regularly scheduled intercity or 
commuter rail passenger transportation, the Federal Railroad 
Administration shall notify in electronic format the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate, 
and each member of Congress representing a State in which the service 
that is the subject of the assessment being conducted is located, of 
the initiation of such assessment.
    (b) Findings.--Not later than 90 days after completion of a 
comprehensive safety assessment described in subsection (a), the 
Federal Railroad Administration shall transmit in electronic format to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and to each member of Congress 
representing a State in which the service that is the subject of the 
assessment being conducted is located, the findings of such assessment, 
including identified defects and any recommendations.
    (c) Definition of Comprehensive Safety Assessment.--In this 
section, the term ``comprehensive safety assessment'' means a focused 
review of the safety-related processes and procedures, compliance with 
safety regulations and requirements, and overall safety culture of an 
entity providing regularly scheduled intercity or commuter rail 
passenger transportation.

SEC. 9506. FRA ACCIDENT AND INCIDENT INVESTIGATIONS.

    Section 20902 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking ``subpena'' and inserting 
        ``subpoena''; and
            (2) by adding at the end the following:
    ``(d) Gathering Information and Technical Expertise.--
            ``(1) In general.--The Secretary shall create a standard 
        process for investigators to use during accident and incident 
        investigations conducted under this section for determining 
        when it is appropriate to, and how to--
                    ``(A) gather information about an accident or 
                incident under investigation from railroad carriers, 
                contractors or employees of railroad carriers or 
                representatives of employees of railroad carriers, and 
                others, as determined relevant by the Secretary; and
                    ``(B) consult with railroad carriers, contractors 
                or employees of railroad carriers or representatives of 
                employees of railroad carriers, and others, as 
                determined relevant by the Secretary, for technical 
                expertise on the facts of the accident or incident 
                under investigation.
            ``(2) Confidentiality.--In developing the process under 
        paragraph (1), the Secretary shall factor in ways to maintain 
        the confidentiality of any entity identified under paragraph 
        (1) if--
                    ``(A) such entity requests confidentiality;
                    ``(B) such entity was not involved in the accident 
                or incident; and
                    ``(C) maintaining such entity's confidentiality 
                does not adversely affect an investigation of the 
                Federal Railroad Administration.
            ``(3) Application of law.--This subsection shall not apply 
        to any investigation carried out by the National Transportation 
        Safety Board.''.

SEC. 9507. RAIL SAFETY IMPROVEMENTS.

    (a) Federal Railroad Administration Requirements.--Not later than 
18 months after the date of enactment of this Act, the Secretary of 
Transportation shall carry out the following:
            (1) Complete a study on how signage can be used to improve 
        safety in the rail industry that includes--
                    (A) a review of how signs used for other modes of 
                transportation may be effectively used in the rail 
                industry;
                    (B) a review of how signs used in the railroad 
                industry differ; and
                    (C) an analysis of whether a uniform system for 
                speed signs across the United States rail system would 
                benefit the railroad industry and improve safety.
            (2) Reevaluate seat securement mechanisms and the 
        susceptibility of such mechanisms to inadvertent rotation, and 
        identify a means to prevent the failure of such mechanisms to 
        maintain seat securement.
            (3) Conduct research to evaluate the causes of passenger 
        injuries in passenger railcar derailments and overturns and 
        evaluate potential methods for mitigating such injuries.
            (4) Based on the research conducted under paragraph (3), 
        develop occupant protection standards for passenger railcars 
        that will mitigate passenger injuries likely to occur during 
        derailments and overturns.
            (5) Develop policies for the safe use of child seats to 
        prevent uncontrolled or unexpected movements in intercity 
        passenger trains from disrupting the secure position of such 
        seats.
    (b) Requirements for Amtrak.--Not later than 18 months after the 
date of enactment of this Act, Amtrak shall--
            (1) ensure operating crewmembers demonstrate proficiency, 
        under daylight and nighttime conditions, on the physical 
        characteristics of a territory by using all resources 
        available, including in-cab instruments, observation rides, 
        throttle time, signage, signals, and landmarks;
            (2) ensure the proficiency required under paragraph (1) is 
        demonstrated on written examinations;
            (3) revise classroom and road training programs to ensure 
        that operating crews fully understand all locomotive operating 
        characteristics, alarms, and the appropriate response to 
        abnormal conditions;
            (4) when possible, require that all engineers undergo 
        simulator training--
                    (A) before operating new or unfamiliar equipment 
                (at a minimum, experience and respond properly to all 
                alarms); and
                    (B) to experience normal and abnormal conditions on 
                new territory before operating in revenue service on 
                such new territory;
            (5) ensure that simulator training specified in paragraph 
        (4) supplements the hours engineers spend training on new 
        equipment before becoming certified on such equipment and 
        performing runs on new territory before becoming qualified on 
        such territory;
            (6) implement a formal, systematic approach to developing 
        training and qualification programs to identify the most 
        effective strategies for preparing crewmembers to safely 
        operate new equipment on new territories;
            (7) work in consultation with host railroad carriers and 
        States that own infrastructure over which Amtrak operates to 
        complete a comprehensive assessment of the territories to 
        ensure that necessary wayside signs and plaques are identified, 
        highly noticeable, and strategically located to provide 
        operating crews the information needed to safely operate 
        trains;
            (8) update the safety review process to ensure that all 
        operating documents are up to date and accurate before 
        initiating new or revised revenue operations;
            (9) incorporate all prerevenue service planning, 
        construction, and route verification work into the scope of a 
        corporate-wide system safety plan, including through rules and 
        policies, risk assessment analyses, safety assurances, and 
        safety promotions; and
            (10) conduct risk assessments on all new or upgraded 
        services that occur on Amtrak-owned territory, host railroads, 
        or in States that own infrastructure over which Amtrak 
        operates.
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary and Amtrak shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report on their progress on meeting the requirements under subsections 
(a) and (b), respectively, including a description of all completed 
elements of the requirements.

SEC. 9508. ANNUAL REVIEW OF SPEED LIMIT ACTION PLANS.

    Section 11406 of the FAST Act (Public Law 114-94) is amended--
            (1) in subsection (c) by inserting ``or subsection (d)(2)'' 
        after ``subsection (b)'';
            (2) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively;
            (3) by inserting after subsection (c) the following:
    ``(d) Periodic Reviews and Updates.--Each railroad carrier that 
files an action plan under subsection (b) shall--
            ``(1) not later than 1 year after the date of enactment of 
        the TRAIN Act, and annually thereafter, review such plan to 
        ensure the effectiveness of actions taken to enable warning and 
        enforcement of the maximum authorized speed for passenger 
        trains at each location identified under subsection (b)(1); and
            ``(2) not later than 90 days prior to implementing any 
        operational or territorial operating change, including 
        initiating a new service or route, submit to the Secretary a 
        revised action plan that addresses such operational or 
        territorial operating change.''; and
            (4) by adding at the end the following:
    ``(h) Prohibition.--No new intercity rail passenger transportation 
or commuter rail passenger service may begin operation unless the 
railroad carrier providing such service is in compliance with this 
section.''.

SEC. 9509. FREIGHT TRAIN CREW SIZE SAFETY STANDARDS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 20169. Freight train crew size safety standards
    ``(a) Minimum Crew Size.--No freight train may be operated unless 
such train has a crew of at least one appropriately qualified and 
certified conductor and one appropriately qualified and certified 
engineer.
    ``(b) Exceptions.--Except as provided in subsection (d), the 
prohibition in subsection (a) shall not apply in any of the following 
circumstances:
            ``(1) Train operations within a rail yard or terminal area 
        or on auxiliary or industry tracks.
            ``(2) A train operated--
                    ``(A) by a railroad carrier that has fewer than 
                400,000 total employee work hours annually and less 
                than $40,000,000 annual revenue (adjusted for inflation 
                as measured by the Surface Transportation Board 
                Railroad Inflation-Adjusted Index);
                    ``(B) at a speed of not more than 25 miles per 
                hour; and
                    ``(C) on a track with an average track grade of 
                less than 2 percent for any segment of track that is at 
                least 2 continuous miles.
            ``(3) Locomotives performing assistance to a train that has 
        incurred mechanical failure or lacks the power to traverse 
        difficult terrain, including traveling to or from the location 
        where assistance is provided.
            ``(4) Locomotives that--
                    ``(A) are not attached to any equipment or attached 
                only to a caboose; and
                    ``(B) do not travel farther than 30 miles from a 
                rail yard.
            ``(5) Train operations staffed with fewer than a two-person 
        crew at least 1 year prior to the date of enactment of this 
        section, if the Secretary determines that the operation 
        achieves an equivalent level of safety.
    ``(c) Trains Ineligible for Exception.--The exceptions under 
subsection (b) may not be applied to--
            ``(1) a train transporting 1 or more loaded cars carrying 
        material toxic by inhalation, as defined in section 171.8 of 
        title 49, Code of Federal Regulations;
            ``(2) a train carrying 20 or more loaded tank cars of a 
        Class 2 material or a Class 3 flammable liquid in a continuous 
        block or a single train carrying 35 or more loaded tank cars of 
        a Class 2 material or a Class 3 flammable liquid throughout the 
        train consist; and
            ``(3) a train with a total length of 7,500 feet or greater.
    ``(d) Waiver.--A railroad carrier may seek a waiver of the 
requirements of this section pursuant to section 20103(d).''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is amended by adding at the end 
the following:

``20169. Freight train crew size safety standards.''.

SEC. 9510. SAFE CROSS BORDER OPERATIONS.

    (a) In General.--Section 416 title IV of division A of the Rail 
Safety Improvement Act of 2008 (49 U.S.C. 20107 note) is amended--
            (1) by striking ``Mechanical and brake'' and inserting 
        ``(a) In General.--Mechanical and brake''; and
            (2) by adding at the end the following:
    ``(b) Waiver.--The Secretary may not grant any waiver or waiver 
modification that provides for the ability to perform mechanical or 
brake inspections of rail cars in Mexico in lieu of complying with the 
certification requirements of this section.''.
    (b) Safety Standards for Certain Rail Crews.--
            (1) In general.--Title IV of division A of the Rail Safety 
        Improvement Act of 2008 (Public Law 110-432) is amended by 
        adding at the end the following:

``SEC. 421. SAFETY STANDARDS FOR CERTAIN RAIL CREWS.

    ``(a) In General.--The Secretary of Transportation may not permit 
covered rail employees to enter the United States to perform train or 
dispatching service unless the Secretary certifies that--
            ``(1) Mexico has adopted and is enforcing safety standards 
        for covered rail employees that are equivalent to, or greater 
        than, those applicable to railroad employees whose primary 
        reporting point is in the United States, including 
        qualification and certification requirements under parts 240 
        and 242 of title 49, Code of Federal Regulations;
            ``(2) covered rail employees are subject to the alcohol and 
        drug testing requirements in part 219 of title 49, Code of 
        Federal Regulations, including the requirements of subparts F, 
        G, and H of such part, to the same extent as such requirements 
        apply to railroad employees whose primary reporting point is in 
        the United States and who are subject to such part;
            ``(3) covered rail employees are subject to hours of 
        service requirements under section 21103 of title 49, United 
        States Code, at all times any such employee is on duty, 
        regardless of location;
            ``(4) covered rail employees are subject to the motor 
        vehicle driving record evaluation requirements in section 
        240.115 of title 49, Code of Federal Regulations, to the same 
        extent as such requirements apply to railroad employees whose 
        primary reporting point is in the United States and are subject 
        to such section, and that such evaluation includes driving 
        records from the same country as the employee's primary 
        reporting point; and
            ``(5) the Federal Railroad Administration is permitted to 
        perform onsite inspections of rail facilities in Mexico to 
        ensure compliance with paragraphs (1) and (2).
    ``(b) Notice Required.--
            ``(1) In general.--Not later than 5 days after the date on 
        which the Secretary certifies each of the requirements under 
        paragraphs (1) through (5) of subsection (a), the Secretary 
        shall publish in the Federal Register--
                    ``(A) notice of each such certification; and
                    ``(B) documentation supporting each such 
                certification.
            ``(2) Public comment.--To ensure compliance with the 
        requirements of this section and any other applicable safety 
        requirements, the Secretary shall--
                    ``(A) allow for public comment on the notice 
                required under paragraph (1); and
                    ``(B) hold a public hearing on such notice.
            ``(3) Congressional notice.--On the date on which each 
        publication required under paragraph (1) is published in the 
        Federal Register, the Secretary shall notify the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate of such publication.
    ``(c) Drug and Alcohol Testing.--
            ``(1) Nonapplication of exemption.--For purposes of 
        compliance with subsection (a)(2), the exemption contained in 
        part 219.3(d)(2) of title 49, Code of Federal Regulations, 
        shall not apply.
            ``(2) Audit by office of drug and alcohol compliance.--To 
        ensure compliance with the drug and alcohol testing programs 
        described in subsection (a)(2), the Office of Drug and Alcohol 
        Compliance in the Department of Transportation shall conduct an 
        annual audit of such programs and recommend enforcement actions 
        as needed.
    ``(d) Definition of Covered Rail Employee.--In this section, the 
term `covered rail employee' means a railroad employee whose primary 
reporting point is in Mexico.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of the Rail Safety Improvement Act of 2008 (Public Law 
        110-432), is amended by inserting after the item relating to 
        section 420 the following:

``Sec. 421. Safety standards for certain rail crews.''.

SEC. 9511. YARDMASTERS HOURS OF SERVICE.

    (a) Limitations on Duty Hours of Yardmaster Employees.--Section 
21103 of title 49, United States Code, is amended--
            (1) in the section heading by inserting ``and yardmaster 
        employees'' after ``train employees'';
            (2) by inserting ``or yardmaster employee'' after ``train 
        employee'' each place it appears; and
            (3) in subsection (e) by inserting ``or yardmaster 
        employee's'' after ``During a train employee's''.
    (b) Definitions.--Section 21101 of title 49, United States Code, is 
amended--
            (1) in paragraph (3) by inserting ``a yardmaster 
        employee,'' after ``dispatching service employee,''; and
            (2) by adding at the end the following:
                    ``(6) `yardmaster employee' means an individual 
                responsible for supervising and coordinating the 
                control of trains and engines operating within a rail 
                yard.''.
    (c) Conforming Amendment.--The analysis for chapter 211 of title 
49, United States Code, is amended by striking the item relating to 
section 21103 and inserting the following:

``21103. Limitations on duty hours of train employees and yardmaster 
                            employees.''.

SEC. 9512. LEAKING BRAKES.

    (a) In General.--The Administrator of the Federal Railroad 
Administration shall take such actions as are necessary to ensure that 
no air brake control valve (defined in this section as an air brake 
control valve that was subject to the circular letter issued by the 
Association of American Railroads issued on October 25, 2013 (C-12027)) 
manufactured before January 1, 2006, is equipped on a rail car 
operating on--
            (1) a unit train north of the 37th parallel on or after 
        August 1, 2022; or
            (2) a non-unit train north of the 37th parallel on or after 
        August 1, 2024.
    (b) Reports.--Not later than 1 year after the date of enactment of 
this Act, and every year thereafter until brake valves described in 
subsection (a) are no longer operating on rail cars as required under 
subsection (a), the Administrator shall transmit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that identifies--
            (1) the estimated number of such brake valves on rail cars 
        operating on--
                    (A) unit trains north of the 37th parallel; and
                    (B) non-unit trains north of the 37th parallel;
            (2) any issues affecting the industry's progress toward 
        ensuring that such brake valves are phased out in accordance 
        with the requirements of subsection (a); and
            (3) efforts the Administrator has taken since the previous 
        report to ensure such brake valves are phased out in accordance 
        with the requirements of subsection (a).
    (c) Additional Valves.--If the Administrator determines that air 
brake control valves not covered under subsection (a) demonstrate 
leakage in low temperatures similar to the leakage exhibited by the air 
brake control valve identified in subsection (a), the Administrator 
shall ensure that the air brake control valves determined to be 
demonstrating leakage under this subsection are phased out in 
accordance with the requirements of subsection (a).

SEC. 9513. ANNUAL REPORT ON PTC SYSTEM FAILURES.

    Section 20157 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(m) Annual Report of System Failures.--Not later than April 16 of 
each calendar year following the date of an implementation deadline 
under subsection (a)(1), each railroad shall submit to the Secretary a 
report containing the number of positive train control system failures, 
separated by each major hardware category, that occurred during the 
previous calendar year.''.

SEC. 9514. FATIGUE REDUCTION PILOT PROJECTS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) maintaining the highest level of safety across the 
        nation's railroad network is of critical importance;
            (2) ensuring the safety of rail transportation requires the 
        full attention of all workers engaged in safety-critical 
        functions;
            (3) fatigue degrades an individual's ability to stay awake, 
        alert, and attentive to the demands of safe job performance;
            (4) the cognitive impairments to railroad workers that 
        result from fatigue can cause dangerous situations that put 
        workers and communities at risk;
            (5) the Rail Safety Improvement Act of 2008 mandated that 
        the Federal Railroad Administration conduct two pilot projects 
        to analyze specific practices that may be used to reduce 
        fatigue in employees and as of the date of enactment of this 
        Act, neither pilot project has commenced; and
            (6) the Federal Railroad Administration should coordinate 
        with the industry and the workforce to commence and complete 
        the fatigue pilot projects mandated in 2008.
    (b) Pilot Projects.--Section 21109(e) of title 49, United States 
Code, is amended--
            (1) by striking ``Not later than 2 years after the date of 
        enactment of the Rail Safety Improvement Act of 2008'' and 
        inserting ``Not later than 1 year after the date of enactment 
        of the TRAIN Act''; and
            (2) by adding at the end the following:
            ``(3) Coordination.--The pilot projects required under 
        paragraph (1) shall be developed and evaluated in coordination 
        with the labor organization representing the class or craft of 
        employees impacted by the pilot projects.''.
    (c) Reimbursement.--The Secretary of Transportation may reimburse 
railroads participating in the pilot projects under 21109(e) of title 
49, United States Code, a share of the costs associated with the pilot 
projects, as determined by the Secretary.
    (d) Report.--
            (1) In general.--If the pilot projects required under 
        section 21109(e) of title 49, United States Code, have not 
        commenced on the date that is 1 year after the date of 
        enactment of this Act, the Secretary shall, not later than 1 
        year and 30 days after the date of enactment of this Act, 
        transmit to the Committee on Transportation and Infrastructure 
        of the House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report describing--
                    (A) the status of the pilot projects;
                    (B) actions the Federal Railroad Administration has 
                taken to commence the pilot projects, including efforts 
                to recruit participant railroads;
                    (C) any challenges impacting the commencement of 
                the pilot projects; and
                    (D) any other details associated with the 
                development of the pilot projects that affect the 
                progress toward meeting the mandate of such section.

SEC. 9515. ASSAULT PREVENTION AND RESPONSE PLANS.

    (a) Amendment.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20170. Assault prevention and response plans
    ``(a) In General.--Not later than 180 days after the date of 
enactment of the TRAIN Act, any entity that provides regularly 
scheduled intercity or commuter rail passenger transportation shall 
submit to the Secretary of Transportation for review and approval an 
assault prevention and response plan (in this section referred to as 
the `Plan') to address transportation assaults.
    ``(b) Contents of Plan.--The Plan required under subsection (a) 
shall include--
            ``(1) procedures that--
                    ``(A) facilitate the reporting of a transportation 
                assault, including the notification of on-site 
                personnel, rail law enforcement, and local law 
                enforcement;
                    ``(B) personnel should follow up on the reporting 
                of a transportation assault, including actions to 
                protect affected individuals from continued assault;
                    ``(C) may be taken to remove the passenger or 
                personnel who has committed a transportation assault 
                from the train or related area or facility as soon as 
                practicable when appropriate;
                    ``(D) include protections and safe reporting 
                practices for passengers who may have been assaulted by 
                personnel; and
                    ``(E) may limit or prohibit, to the extent 
                practicable, future travel with the entity described in 
                subsection (a) by any passenger or personnel who 
                commits a transportation assault against personnel or 
                passengers;
            ``(2) a policy that ensures an employee who is a victim or 
        witness of a transportation assault may participate in the 
        prosecution of a criminal offense of such assault without any 
        adverse effect on the victim's or witnesses' employment status; 
        and
            ``(3) a process and timeline for conducting an annual 
        review and update of the Plan.
    ``(c) Notice to Passengers.--An entity described under subsection 
(a) shall display onboard trains and in boarding areas, as appropriate, 
a notice stating the entity's abilities to restrict future travel under 
subsection (b)(1)(E).
    ``(d) Personnel Training.--An entity described under subsection (a) 
shall provide initial and annual training for all personnel on the 
contents of the Plan, including training regarding--
            ``(1) the procedures described in subsection (b);
            ``(2) methods for responding to hostile situations, 
        including de-escalation training; and
            ``(3) rights and responsibilities of personnel with respect 
        to a transportation assault on themselves, other personnel, or 
        passengers.
    ``(e) Personnel Participation.--The Plan required under subsection 
(a) shall be developed and implemented with the direct participation of 
personnel, and, as applicable, labor organizations representing 
personnel.
    ``(f) Reporting.--
            ``(1) Incident notification.--
                    ``(A) In general.--Not later than 10 days after a 
                transportation assault incident, the applicable entity 
                described in subsection (a) shall notify personnel 
                employed at the location in which the incident 
                occurred. In the case of an incident on a vehicle, such 
                entity shall notify personnel regularly scheduled to 
                carry out employment activities on the service route on 
                which the incident occurred.
                    ``(B) Content of incident report.--The notification 
                required under paragraph (1) shall--
                            ``(i) include a summary of the incident; 
                        and
                            ``(ii) be written in a manner that protects 
                        the confidentiality of individuals involved in 
                        the incident.
            ``(2) Annual report.--For each calendar year, each entity 
        with respect to which a transportation assault incident has 
        been reported during such year shall submit to the Secretary 
        report that describes--
                    ``(A) the number of assault incidents reported to 
                the entity, including--
                            ``(i) the number of incidents committed 
                        against passengers; and
                            ``(ii) the number of incidents committed 
                        against personnel; and
                    ``(B) the number of assault incidents reported to 
                rail or local law enforcement by personnel of the 
                entity.
            ``(3) Publication.--The Secretary shall make available to 
        the public on the primary website of the Federal Railroad 
        Administration the data collected under paragraph (2).
            ``(4) Data protection.--Data made available under this 
        subsection shall be made available in a manner that protects 
        the confidentiality of individuals involved in transportation 
        assault incidents.
    ``(g) Definition of Transportation Assault.--In this section, the 
term `transportation assault' means the occurrence, or reasonably 
suspected occurrence, of an act that--
            ``(1) constitutes assault;
            ``(2) is committed by a passenger or member of personnel of 
        an entity that provides regularly scheduled intercity or 
        commuter rail passenger transportation against another 
        passenger or member of personnel of such entity; and
            ``(3) takes place--
                    ``(A) within a vehicle of such entity; or
                    ``(B) in an area in which passengers are entering 
                or exiting a vehicle described in subparagraph (A); or
                    ``(C) a station or facility where such entity 
                operates, regardless of ownership of the station or 
                facility.''.
    (b) Conforming Amendment.--The analysis for subchapter II of 
chapter 201 of title 49, United States Code, as amended by this 
division, is further amended by adding at the end the following:

``20170. Assault prevention and response plans.''.

SEC. 9516. CRITICAL INCIDENT STRESS PLANS.

    The Secretary of Transportation shall issue such regulations as are 
necessary to amend part 272 of title 49, Code of Federal Regulations, 
to ensure that--
            (1) the coverage of a critical incident stress plan under 
        section 272.7 of such part includes employees of commuter 
        railroads and intercity passenger railroads, as such terms are 
        defined in section 272.9 of such part, who directly interact 
        with passengers; and
            (2) assault and the witnessing of an assault against an 
        employee or train passenger is included in the definition of 
        critical incident under section 272.9 of such part.

SEC. 9517. STUDY ON SAFETY CULTURE ASSESSMENTS.

    (a) In General.--The Administrator of the Federal Railroad 
Administration shall conduct a study on the feasibility of expanding 
railroad safety culture assessments and training to include assessments 
and training for workers employed by tourist railroads, passenger 
railroads, and commuter railroads.
    (b) Contents of Study.--The study required under subsection (a) 
shall include--
            (1) an analysis on the need for the expansion;
            (2) the resources required to carry out the additional 
        assessments and training; and
            (3) other potential safety challenges the initiative could 
        address.
    (c) Report.--The Federal Railroad Administration shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the results of the study 
conducted under subsection (a).

                   Subtitle B--Grade Crossing Safety

SEC. 9551. GRADE CROSSING SEPARATION GRANTS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20171. Grade crossing separation grants
    ``(a) General Authority.--The Secretary of Transportation shall 
make grants under this section to eligible entities to assist in 
financing the cost of highway-rail grade separation projects.
    ``(b) Application Requirements.--To be eligible for a grant under 
this section, an eligible entity shall submit to the Secretary an 
application in such form, in such manner, and containing such 
information as the Secretary may require, including--
            ``(1) an agreement between the entity that owns or controls 
        the right-of-way and the applicant addressing access to right-
        of-way throughout the project; and
            ``(2) a cost-sharing agreement with the funding amounts 
        that the entity that owns or controls the right-of-way shall 
        contribute to the project, which shall be not less than 10 
        percent of the total project cost.
    ``(c) Eligible Projects.--The following projects are eligible to 
receive a grant under this section:
            ``(1) Installation, repair, or improvement of grade 
        crossing separations.
            ``(2) Grade crossing elimination incidental to eligible 
        grade crossing separation projects.
            ``(3) Project planning, development, and environmental work 
        related to a project described in paragraph (1) or (2).
    ``(d) Project Selection Criteria.--
            ``(1) Large projects.--Of amounts made available to carry 
        out this section, not more than 50 percent shall be available 
        for projects with total costs of $100,000,000 or greater.
            ``(2) Considerations.--In awarding grants under this 
        section, the Secretary--
                    ``(A) shall give priority to projects that maximize 
                the safety benefits of Federal funding; and
                    ``(B) may evaluate applications on the safety 
                profile of the existing crossing, 10-year history of 
                accidents at such crossing, inclusion of the proposed 
                project on a grade crossing safety action plan, average 
                automobile traffic, freight and passenger train 
                traffic, average daily number of crossing closures, the 
                challenges of grade crossings located near 
                international borders, and proximity of community 
                resources, including schools, hospitals, fire stations, 
                police stations, and emergency medical service 
                facilities.
    ``(e) Federal Share of Total Project Costs.--
            ``(1) Total project costs.--The Secretary shall estimate 
        the total costs of a project under this section based on the 
        best available information, including any available engineering 
        studies, studies of economic feasibility, environmental 
        analysis, and information on the expected use of equipment or 
        facilities.
            ``(2) Federal share.--The Federal share for a project 
        carried out under this section shall not exceed 85 percent.
    ``(f) Grant Conditions.--An eligible entity may not receive a grant 
for a project under this section unless such project is in compliance 
with section 22905, except that 22905(b) shall only apply to a person 
that conducts rail operations.
    ``(g) Two-Year Letters of Intent.--
            ``(1) In general.--The Secretary shall, to the maximum 
        extent practicable, issue a letter of intent to a recipient of 
        a grant under subsection (d)(1) that--
                    ``(A) announces an intention to obligate for no 
                more than 2 years, for a major capital project under 
                subsection (d)(1), an amount that is not more than the 
                amount stipulated as the financial participation of the 
                Secretary for the project; and
                    ``(B) states that the contingent commitment--
                            ``(i) is not an obligation of the Federal 
                        Government; and
                            ``(ii) is subject to the availability of 
                        appropriations for grants under this section 
                        and subject to Federal laws in force or enacted 
                        after the date of the contingent commitment.
            ``(2) Congressional notification.--
                    ``(A) In general.--Not later than 3 days before 
                issuing a letter of intent under paragraph (1), the 
                Secretary shall submit written notification to--
                            ``(i) the Committee on Transportation and 
                        Infrastructure of the House of Representatives;
                            ``(ii) the Committee on Appropriations of 
                        the House of Representatives;
                            ``(iii) the Committee on Appropriations of 
                        the Senate; and
                            ``(iv) the Committee on Commerce, Science, 
                        and Transportation of the Senate.
                    ``(B) Contents.--The notification submitted under 
                subparagraph (A) shall include--
                            ``(i) a copy of the letter of intent;
                            ``(ii) the criteria used under subsection 
                        (b) for selecting the project for a grant; and
                            ``(iii) a description of how the project 
                        meets such criteria.
    ``(h) Appropriations Required.--An obligation or administrative 
commitment may be made under subsection (g) only after amounts are 
appropriated for such purpose.
    ``(i) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                    ``(A) a State;
                    ``(B) a public agency or publicly chartered 
                authority;
                    ``(C) a metropolitan planning organization;
                    ``(D) a political subdivision of a State; and
                    ``(E) a Tribal government.
            ``(2) Metropolitan planning organization.--The term 
        `metropolitan planning organization' has the meaning given such 
        term in section 134(b) of title 23.
            ``(3) State.--The term `State' means a State of the United 
        States or the District of Columbia.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by this division, is 
further amended by adding at the end the following:

``20171. Grade crossing separation grants.''.

SEC. 9552. RAIL SAFETY PUBLIC AWARENESS GRANTS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20172. Rail safety public awareness grants
    ``(a) Grant.--The Administrator of the Federal Railroad 
Administration shall make grants to eligible entities to carry out 
public information and education programs to help prevent and reduce 
rail-related pedestrian, motor vehicle, and other accidents, incidents, 
injuries, and fatalities, and to improve awareness along railroad 
rights-of-way and at railway-highway grade crossings.
    ``(b) Application.--To be eligible to receive a grant under this 
section, an eligible entity shall submit to the Administrator an 
application in such form, in such manner, and containing such 
information as the Secretary may require.
    ``(c) Contents.--Programs eligible for a grant under this section--
            ``(1) shall include, as appropriate--
                    ``(A) development, placement, and dissemination of 
                public service announcements in appropriate media;
                    ``(B) school presentations, driver safety 
                education, materials, and public awareness campaigns; 
                and
                    ``(C) disseminating information to the public on 
                how to identify and report to the appropriate 
                authorities unsafe or malfunctioning highway-rail grade 
                crossings; and
            ``(2) may include targeted and sustained outreach in 
        communities at greatest risk to develop measures to reduce such 
        risk.
    ``(d) Coordination.--Eligible entities shall coordinate program 
activities with local communities, law enforcement and emergency 
responders, and rail carriers, as appropriate, and ensure consistency 
with State highway-rail grade crossing action plans required under 
section 11401(b) of the FAST Act (49 U.S.C. 22501 note) and the report 
titled `National Strategy to Prevent Trespassing on Railroad Property' 
issued by the Federal Railroad Administration in October 2018.
    ``(e) Prioritization.--In awarding grants under this section, the 
Administrator shall give priority to applications for programs that--
            ``(1) are nationally recognized;
            ``(2) are targeted at schools in close proximity to 
        railroad rights-of-way;
            ``(3) partner with nearby railroad carriers; or
            ``(4) focus on communities with a recorded history of 
        repeated pedestrian and motor vehicle accidents, incidents, 
        injuries, and fatalities at highway-rail grade crossings and 
        along railroad rights-of-way.
    ``(f) Definitions.--In this section:
            ``(1) Eligible entity.--the term `eligible entity' means--
                    ``(A) a nonprofit organization;
                    ``(B) a State;
                    ``(C) a political subdivision of a State; and
                    ``(D) a public law enforcement agency or emergency 
                response organization.
            ``(2) State.--The term `State' means a State of the United 
        States, the District of Columbia, and Puerto Rico.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, as amended by this division, is 
further amended by adding at the end the following:

``20172. Rail safety public awareness grants.''.

SEC. 9553. ESTABLISHMENT OF 10-MINUTE TIME LIMIT FOR BLOCKING PUBLIC 
              GRADE CROSSINGS.

    (a) In General.--Subchapter II of chapter 201 of title 49, United 
States Code, as amended by this division, is further amended by adding 
at the end the following:
``Sec. 20173. Time limit for blocking a rail crossing
    ``(a) Time Limit.--A train, locomotive, railroad car, or other rail 
equipment is prohibited from blocking a crossing for more than 10 
minutes, unless the train, locomotive, or other equipment is directly 
delayed by--
            ``(1) a casualty or serious injury;
            ``(2) an accident;
            ``(3) a track obstruction;
            ``(4) an act of God; or
            ``(5) a derailment or a major equipment failure that 
        prevents the train from advancing.
    ``(b) Civil Penalty.--The Secretary of Transportation may issue 
civil penalties for violations of subsection (a) in accordance with 
section 21301.
    ``(c) Delegation.--The Secretary may delegate enforcement actions 
under subsection (b) to States either through a State inspector 
certified by the Federal Railroad Administration, or other law 
enforcement officials as designated by the States and approved by the 
Administration. The Secretary shall issue guidance or regulations not 
later than 1 year after the date of enactment on the criteria and 
process for States to gain approval under this section.
    ``(d) Application to Amtrak and Commuter Railroads.--This section 
shall not apply to Amtrak or commuter authorities, including Amtrak and 
commuter authorities' operations run or dispatched by a Class I 
railroad.
    ``(e) Definitions.--In this section:
            ``(1) Crossing.--The term `crossing' means a location 
        within a State in which a public highway, road, or street, 
        including associated sidewalks and pathways, crosses 1 or more 
        railroad tracks either at grade or grade-separated.
            ``(2) Blocked crossing.--The term `blocked crossing' means 
        a circumstance in which a train, locomotive, railroad car, or 
        other rail equipment is stopped in a manner that obstructs 
        public travel at a crossing.''.
    (b) Clerical Amendment.--The analysis for subchapter II of chapter 
201 of title 49, United States Code, is further amended by adding at 
the end the following new item:

``20173. Time limit for blocking a rail crossing.''.

SEC. 9554. NATIONAL STRATEGY TO ADDRESS BLOCKED CROSSINGS.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Secretary of Transportation shall submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate, and make publicly available on the 
website of the Department of Transportation, a report containing a 
national strategy to address blocked crossings.
    (b) Public Law 116-94.--The strategy required under subsection (a) 
shall incorporate the recommendations and briefing described in the 
report accompanying the Department of Transportation Appropriations 
Act, 2020 (Public Law 116-94) with respect to the amounts provided 
under the heading ``Federal Railroad Administration--Safety and 
Operations''.
    (c) Report Contents.--The strategy required under subsection (a) 
shall include an analysis of the following topics, including any 
specific legislative or regulatory recommendations:
            (1) How best to engage the public, representatives of labor 
        organizations representing railroad employees, law enforcement 
        officers, highway traffic officials, or other employees of a 
        public agency acting in an official capacity to identify and 
        address blocked crossings.
            (2) How technology and positive train control system data 
        can be used to identify and address instances of blocked 
        crossings.
            (3) How to identify and address instances of blocked 
        crossings at crossings with passive or no warning devices.
            (4) How best to use the data collected under a webpage 
        established by the Secretary for the public and law enforcement 
        to report instances of blocked crossings, including whether 
        such data should be verified by each rail carrier or 
        incorporated into the national crossing inventory established 
        under section 20160 of title 49, United States Code.
    (d) Updating Strategy.--The Secretary shall evaluate the strategy 
developed under this section not less than every 5 years, and update it 
as needed.
    (e) Definitions.--In this section:
            (1) Blocked crossing.--The term ``blocked crossing'' means 
        a circumstance in which a train, locomotive, railroad car, or 
        other rail equipment is stopped in a manner that obstructs 
        public travel at a crossing.
            (2) Positive train control system.--The term ``positive 
        train control system'' has the meaning given the term in 
        section 20157(i) of title 49, United States Code.

SEC. 9555. RAILROAD POINT OF CONTACT FOR BLOCKED CROSSING MATTERS.

    Section 20152 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (C) by striking ``or'' 
                        at the end;
                            (ii) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (iii) by inserting the following after 
                        subparagraph (C):
                    ``(D) blocked crossings; or'';
                    (B) in paragraph (4)--
                            (i) by striking ``paragraph (1)(C) or (D)'' 
                        and inserting ``subparagraph (C), (D), or (E) 
                        of paragraph (1)''; and
                            (ii) by striking ``and'' at the end;
                    (C) in paragraph (5) by striking the period at the 
                end and inserting ``; and'' ; and
                    (D) by adding at the end the following:
            ``(6) promptly inform the Secretary if the number required 
        to be established under subsection (a) has changed and report 
        the new number to the Secretary.''; and
            (2) by adding at the end the following:
    ``(c) Publication of Telephone Numbers.--The Secretary shall make 
any telephone number established under subsection (a) publicly 
available on the website of the Department of Transportation.''.

SEC. 9556. NATIONAL HIGHWAY-RAIL CROSSING INVENTORY REVIEW.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Transportation shall expend 
such sums as are necessary to conduct a comprehensive review of the 
national highway-rail crossing inventory of the Department of 
Transportation established under section 20160 of title 49, United 
States Code.
    (b) Contents.--In conducting the review required under subsection 
(a), the Secretary shall--
            (1) verify the accuracy of the data contained in the 
        inventory described in subsection (a) using mapping 
        technologies and other methods; and
            (2) correct erroneous data in such inventory.
    (c) Report.--Not later than 30 days after the completion of the 
review required under subsection (a), the Secretary shall submit to the 
Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report detailing corrections made to the 
inventory described in subsection (a) and the Secretary's plans to 
ensure continued accuracy of such inventory.

SEC. 9557. COUNTING RAILROAD SUICIDES.

    (a) In General.--Not less than 180 days after the enactment of this 
Act, the Secretary of Transportation shall revise any regulations, 
guidance, or other relevant agency documents to count suicides on a 
railroad crossing or railroad right-of-way as trespassing deaths.
    (b) Authority of the Secretary.--In carrying out subsection (a), 
the Secretary may require Federal, State, and local agencies, 
railroads, or other entities to submit such data as necessary.
    (c) Applicability of Rulemaking Requirements.--The requirements of 
section 553 of title 5, United States Code, shall not apply to the 
modification required by subsection (a).

SEC. 9558. REPORT ON SUPPLEMENTARY SAFETY MEASURES REQUIRED FOR QUIET 
              ZONES.

    Not later than 180 days after the date of enactment of this Act, 
the Administrator of the Federal Railroad Administration shall--
            (1) submit to Congress a report on the additional 
        Supplementary Safety Measures and Alternative Safety Measures 
        researched by the Railroad Research and Development program of 
        the Federal Railroad Administration that can be used to qualify 
        for a Quiet Zone or Partial Quiet Zone; and
            (2) include in the report submitted under paragraph (1)--
                    (A) a summary of the Supplementary Safety Measures 
                and Alternative Safety Measures that communities have 
                requested approval from the Federal Railroad 
                Administrator to implement; and
                    (B) an explanation for why such requests were not 
                granted.

                          DIVISION E--AVIATION

               TITLE I--AIRPORT AND AIRWAY INFRASTRUCTURE

SEC. 10101. AIRPORT PLANNING AND DEVELOPMENT AND NOISE COMPATIBILITY 
              PLANNING AND PROGRAMS.

    (a) Authorization.--Section 48103(a) of title 49, United States 
Code, is amended by striking paragraphs (4), (5), and (6) and inserting 
the following:
            ``(4) $4,000,000,000 for fiscal year 2021;
            ``(5) $4,000,000,000 for fiscal year 2022;
            ``(6) $4,000,000,000 for fiscal year 2023;
            ``(7) $4,000,000,000 for fiscal year 2024; and
            ``(8) $4,000,000,000 for fiscal year 2025.''.
    (b) Obligation Authority.--Section 47104(c) of title 49, United 
States Code, is amended in the matter preceding paragraph (1) by 
striking ``2023,'' and inserting ``2025,''.
    (c) Maintaining Precrisis Airport Improvement Program Levels.--
Section 47114(c)(1) of title 49, United States Code, is amended by 
adding at the end the following:
                    ``(J) Special rule for fiscal years 2021 through 
                2025.--Notwithstanding subparagraph (A), the Secretary 
                shall apportion to a sponsor of an airport under such 
                subparagraph for each of fiscal years 2021 through 2025 
                an amount based on the number of passenger boardings at 
                the airport during calendar year 2019, if the number of 
                passenger boardings at the airport during calendar year 
                2019 is greater than the number of passenger boardings 
                that would be otherwise calculated under subparagraph 
                (A).''.

SEC. 10102. SUPPLEMENTAL FUNDING FOR AIRPORTS.

    (a) In General.--In addition to the amounts made available under 
section 48103(a) of title 49, United States Code, there are authorized 
to be appropriated from the general fund of the Treasury for the 
Secretary of Transportation to make grants for eligible uses under 
subsection (e)--
            (1) $3,000,000,000 for fiscal year 2021;
            (2) $3,250,000,000 for fiscal year 2022;
            (3) $3,500,000,000 for fiscal year 2023;
            (4) $3,750,000,000 for fiscal year 2024; and
            (5) $4,000,000,000 for fiscal year 2025.
    (b) Distribution of Funds.--Amounts made available under subsection 
(a) shall be distributed as follows:
            (1) After setting aside amounts under subsection (c), 
        remaining funds shall be distributed to all sponsors of 
        commercial service airports, as such term is defined in section 
        47102 of title 49, United States Code, based on each such 
        airport's passenger enplanements compared to total passenger 
        enplanements for all commercial service airports, for calendar 
        year 2019 or the most recent calendar year, whichever year has 
        the greater total enplanements. If calendar year 2019 
        enplanements are used, a proportional adjustment (using 
        enplanements for the most recent calendar year) shall be made 
        for any airport that becomes a commercial service airport after 
        calendar year 2019.
            (2) An airport sponsor that was allocated more than 4 times 
        such sponsor's annual operating expenses under the CARES Act 
        (Public Law 116-136) may not receive supplemental funding under 
        subsection (a) for fiscal years 2021 or 2022.
    (c) Set Asides.--For each fiscal year, of the total funds 
appropriated pursuant to subsection (a), the Secretary shall set 
aside--
            (1) 3.5 percent of such funds to make grants to the 
        sponsors of cargo airports, as described in section 
        47114(c)(2)(A) of title 49, United States Code;
            (2) 4 percent of such funds to make grants to general 
        aviation, reliever, and nonprimary commercial service airports, 
        as such terms are defined in section 47102 of title 49, United 
        States Code, based on capacity needs or the needs of the 
        aviation system; and
            (3) 5 percent of such funds to make grants to any airport 
        sponsor for--
                    (A) airport emission reduction projects described 
                in subparagraph (K), (L), or (O) of section 47102(3) of 
                title 49, United States Code, or section 47136(a) of 
                title 49, United States Code;
                    (B) airport resiliency projects described in 
                section 47102(3)(S) of title 49, United States Code, as 
                added by this Act;
                    (C) airport noise compatibility and mitigation 
                planning, programs, and projects, including planning, 
                programs, and projects described in sections 47504 or 
                47505 of title 49, United States Code; and
                    (D) other airport projects that reduce the adverse 
                effects of airport operations on the environment and 
                surrounding communities, as determined appropriate by 
                the Administrator.
    (d) Apportionment for Environmental Projects.--Of the funds set 
aside under subsection (c)(3), not less than 50 percent of such funds 
shall be applied to projects described in subparagraph (A) of such 
subsection.
    (e) Eligible Uses.--The following rules shall apply to grants 
provided under subsection (a):
            (1) Grants provided in fiscal year 2021 may be used for 
        eligible projects under chapter 471 of title 49, United States 
        Code, terminal development projects, operations, ensuring 
        public health, cleaning, sanitization, janitorial services, 
        refurbishing or replacing systems and technologies to combat 
        the spread of pathogens, staffing, workforce retention, paid 
        leave, procurement of protective health equipment and training 
        for employees and contractors on use of such equipment, debt 
        service payments, and rent and fee waivers to airport 
        concessionaires and other lessees.
            (2) Grants provided in fiscal years 2022 through 2025 may 
        be used for--
                    (A) eligible projects under chapter 471 of title 
                49, United States Code;
                    (B) any eligible airport-related projects defined 
                under section 40117(a)(3) of title 49, United States 
                Code;
                    (C) any development project of an airport, local 
                airport system, or other local facilities--
                            (i) owned or operated by the airport owner 
                        or operator; and
                            (ii) directly and substantially related to 
                        the air transportation of passengers or 
                        property; and
                    (D) debt service or other financing costs related 
                to such projects.
            (3) Funds provided under this section may not be used for 
        any purposes not directly related to the airport for which such 
        grant is provided.
    (f) Federal Share.--Notwithstanding section 47109 of title 49, 
United States Code, the Federal share of the costs of a project for 
carried out using a grant provided under this section shall be 100 
percent.
    (g) Requirements and Assurances.--Except for project eligibility 
under this section, the requirements and grant assurances applicable to 
sponsors receiving grants under chapter 471 of title 49, United States 
Code, shall apply to any sponsor awarded a grant for an eligible 
project under subsection (e)(2)(A), eligible airport-related project 
under subsection (e)(2)(B), a development project under subsection 
(e)(2)(C), or eligible project or terminal development project listed 
under subsection (e)(1).
    (h) Availability.--Funds made available under subsection (a) shall 
remain available for 3 fiscal years.
    (i) Administration.--Of the amounts made available to carry out 
this section, the Secretary may reserve up to $8,000,000 for each of 
fiscal years 2021 through 2025 for the administrative costs of carrying 
out this section.
    (j) Relief to Airport Concessions.--An airport sponsor shall use at 
least 2 percent of any funds received under subsection (a)(1) to 
provide financial relief to airport concessionaires experiencing 
economic hardship. With respect to funds under subsection (a)(1), 
airport sponsors must also show good faith efforts to provide relief to 
small business concerns owned and controlled by socially and 
economically disadvantaged businesses, as such terms are defined under 
section 47113 of title 49, United States Code.

SEC. 10103. AIRPORT RESILIENCY PROJECTS.

    Section 47102 of title 49, United States Code, is amended--
            (1) in paragraph (3) by adding at the end the following:
                    ``(S) improvement of any critical airport 
                infrastructure at a general aviation airport that is 
                designated as a Federal staging area by the Federal 
                Emergency Management Agency or a nonhub, small hub, 
                medium hub, or large hub airport to increase resilience 
                for the purpose of resuming flight operations under 
                visual flight rules following a natural disaster.'';
            (2) by redesignating paragraphs (14), (15), (16), (17), 
        (18), (19), (20), (21), (22), (23), (24), (25), (26), (27), and 
        (28) as paragraphs (16), (17), (18), (19), (20), (21), (22), 
        (23), (24), (25), (26), (27), (28), (29), and (30), 
        respectively;
            (3) by redesignating paragraphs (8), (9), (10), (11), (12), 
        and (13) as paragraphs (9), (10), (11), (12), (13), and (14), 
        respectively;
            (4) by inserting after paragraph (14), as so redesignated, 
        the following:
            ``(15) `natural disaster' means earthquake, flooding, high 
        water, hurricane, storm surge, tidal wave, tornado, tsunami or 
        wind driven water.''; and
            (5) by inserting after paragraph (7) the following:
            ``(8) `critical airport infrastructure' means runways, 
        taxiways, and aprons necessary to sustain commercial service 
        flight operations.''.

SEC. 10104. FAA AIR TRAFFIC CONTROL FACILITIES.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated from the general fund of the Treasury to the Administrator 
of the Federal Aviation Administration $1,000,000,000 to be used 
exclusively to bring air traffic control facilities of the 
Administration into acceptable condition, including sustaining, 
rehabilitating, replacing, or modernizing such facilities and 
associated costs.
    (b) Consultation.--Before taking any action under this section, the 
Administrator shall consult with the exclusive bargaining 
representatives of air traffic controllers and airway transportation 
system specialists certified under section 7111 of title 5, United 
States Code.

SEC. 10105. AIRPORT INNOVATIVE FINANCING TECHNIQUES.

    (a) In General.--Section 47135 of title 49, United States Code, is 
amended to read as follows:
``Sec. 47135. Innovative financing techniques
    ``(a) In General.--The Secretary of Transportation may approve an 
application by an airport sponsor to use grants received under this 
subchapter for innovative financing techniques related to an airport 
development project. Such projects shall be located at airports that 
are not large hub airports. The Secretary may not approve more than 30 
applications under this section in a fiscal year.
    ``(b) Purposes.--The purpose of grants made under this section 
shall be--
            ``(1) to provide information on using innovative financing 
        techniques for airport development projects;
            ``(2) to lower the total cost of an airport development 
        project; or
            ``(3) to safely expedite the delivery or completion of an 
        airport development project.
    ``(c) Limitations.--
            ``(1) No guarantees.--In no case shall the implementation 
        of an innovative financing technique under this section be used 
        in a manner giving rise to a direct or indirect guarantee of 
        any airport debt instrument by the United States Government.
            ``(2) Types of techniques.--In this section, innovative 
        financing techniques are limited to--
                    ``(A) payment of interest;
                    ``(B) commercial bond insurance and other credit 
                enhancement associated with airport bonds for eligible 
                airport development;
                    ``(C) flexible non-Federal matching requirements;
                    ``(D) use of funds apportioned under section 47114 
                for the payment of principal and interest of terminal 
                development for costs incurred before the date of the 
                enactment of this section; and
                    ``(E) such other techniques that the Secretary 
                approves as consistent with the purposes of this 
                section.''.
    (b) Immediate Applicability.--Section 1001 of this division shall 
not apply to this section and the amendments made by this section.

SEC. 10106. SMALL AIRPORT LETTERS OF INTENT.

    (a) In General.--Section 47110(e) of title 49, United States Code, 
is amended--
            (1) in paragraph (1) by striking ``at a primary or reliever 
        airport'';
            (2) in paragraph (2) by--
                    (A) redesignating subparagraphs (A) through (C) as 
                subparagraphs (B) through (D), respectively; and
                    (B) inserting after the matter preceding 
                subparagraph (B) (as redesignated by this section) the 
                following:
                    ``(A) at an airport that is--
                            ``(i) a medium or large hub airport;
                            ``(ii) a small or nonhub airport; or
                            ``(iii) an airport that is not a primary 
                        airport and is not listed as having an 
                        unclassified status under the most recent plan 
                        described under section 47103;'';
            (3) in paragraph (2)(D) (as redesignated by this section) 
        by striking ``47115(d)'' and all that follows through the end 
        of the subparagraph and inserting ``47115(d).'';
            (4) by striking paragraph (5) and inserting the following:
            ``(5) Requirements.--
                    ``(A) In general.--The Secretary may not require an 
                eligible agency to impose a passenger facility charge 
                under section 40117 in order to obtain a letter of 
                intent under this section.
                    ``(B) Requirements.--For sponsors of airports 
                described in clauses (ii) and (iii) of paragraph 
                (2)(A), prior to issuing a letter of intent under this 
                paragraph, the Secretary--
                            ``(i) may not schedule reimbursements to 
                        more than 20 sponsors for any fiscal year;
                            ``(ii) may permit allowable project costs 
                        under paragraph (1) to include costs associated 
                        with making payments for debt service on 
                        indebtedness incurred to carry out the project;
                            ``(iii) may not obligate more than the 
                        total amount reasonably expected to be 
                        apportioned to the airport under section 47114 
                        over the following 10 fiscal years;
                            ``(iv) shall consider the sponsor's grant 
                        performance history;
                            ``(v) shall require the sponsor to provide 
                        a certificate affirming the sponsor has the 
                        legal ability and capacity to incur debt; and
                            ``(vi) may consider other factors, as 
                        considered appropriate by the Secretary.''; and
            (5) in the heading of paragraph (7) by striking 
        ``Partnership program airports'' and inserting ``Partnership 
        program airports''.
    (b) Immediate Applicability.--Section 1001 of this division shall 
not apply to this section and the amendments made by this section.

SEC. 10107. MINORITY AND DISADVANTAGED BUSINESS SIZE STANDARDS.

    Section 47113(a)(1) of title 49, United States Code, is amended to 
read as follows:
            ``(1) `small business concern' has the meaning given the 
        term in section 3 of the Small Business Act (15 U.S.C. 632);''.

SEC. 10108. CHANGES IN AIRPORT SPONSORSHIP OR OPERATIONS.

    Section 44706 of title 49, United States Code, is amended--
            (1) by redesignating subsection (f) as subsection (h); and
            (2) by inserting after subsection (e) the following:
    ``(f) Change of Airport Sponsorship or Operations.--
            ``(1) Undisputed change of airport sponsorship or 
        operations.--Except as provided for in paragraph (2), for a 
        proposed transfer of the sponsorship or operations of an 
        airport to a new sponsor or operator, the Administrator shall 
        issue an airport operating certificate to a new sponsor or 
        operator if--
                    ``(A) the holder of the airport operating 
                certificate for such airport consents to the transfer 
                of sponsorship or operations; and
                    ``(B) the new sponsor or operator satisfies all 
                requirements for obtaining a certificate under this 
                section.
            ``(2) Disputed change of airport sponsorship or 
        operations.--For a proposed transfer of the sponsorship or 
        operations of an airport to a new sponsor or operator for which 
        the holder of the airport operating certificate disputes such 
        transfer, the Administrator shall issue an airport operating 
        certificate to the new sponsor if the new sponsor or operator 
        satisfies all requirements for obtaining a certificate under 
        this section and the dispute is resolved by--
                    ``(A) the issuance of a final, non-appealable 
                judicial decision requiring a change of sponsorship or 
                operations; or
                    ``(B) the issuance of a consent letter between the 
                holder of an airport operating certificate and a new 
                sponsor or operator.
    ``(g) Reimbursement of Airport Investment.--After a change in 
sponsorship or operations under subsection (f), the new airport sponsor 
or operator shall reimburse the previous holder of an airport operating 
certificate for investments made by such holder that have not been 
fully recouped as of the change in airport sponsorship or operations 
and such reimbursement shall be consistent with all policies and 
procedures of the Federal Aviation Administration.''.

                         TITLE II--ENVIRONMENT

SEC. 10201. ALTERNATIVE FUEL AND LOW-EMISSION AVIATION TECHNOLOGY 
              PROGRAM.

    (a) In General.--The Secretary of Transportation, in consultation 
with the Administrator of the Environmental Protection Agency, shall 
establish and carry out a competitive grant and cost-sharing agreement 
program for eligible entities to carry out projects located in the 
United States that--
            (1) develop, demonstrate, or apply low-emission aviation 
        technologies; and
            (2) produce, transport, blend, or store sustainable 
        aviation fuels that would reduce greenhouse gas emissions 
        attributable to the operation of aircraft that have fuel uplift 
        in the United States.
    (b) Selection.--In carrying out subsection (a), the Secretary shall 
consider--
            (1) the anticipated public benefits of the project;
            (2) the potential to increase the domestic production and 
        deployment of sustainable aviation fuels or the use of low 
        emission aviation technologies among the United States 
        commercial aviation and aerospace industry;
            (3) the potential greenhouse gas emissions from the 
        project, including emissions resulting from the development of 
        the project;
            (4) the potential for creating new jobs in the United 
        States;
            (5) the potential the project has to reduce or displace, on 
        a lifecycle basis, United States greenhouse gas emissions 
        associated with air travel;
            (6) the proposed utilization of non-Federal contributions; 
        and
            (7) for projects related to the production of sustainable 
        aviation fuel, the potential net greenhouse gas emissions 
        impact of such fuel on a lifecycle basis, which shall include 
        potential direct and indirect greenhouse gas emissions 
        (including resulting from changes in land use).
    (c) Additional Considerations.--In evaluating projects under 
subsection (a), the Secretary shall consider--
            (1) the benefits of ensuring a variety of feedstocks for 
        sustainable aviation fuels;
            (2) the use of direct air capture;
            (3) aeronautical construction and design improvements that 
        result in more efficient aircraft, including high-performance 
        lightweight materials;
            (4) more efficient aircraft engines, including hybrid 
        engines and electric engines suitable for fully or partially 
        powering aircraft operations; and
            (5) air traffic management and navigation technologies that 
        permit more efficient flight patterns.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $200,000,000 for each of fiscal years 2021 through 2025 to 
carry out this section.
    (e) Funding Distribution.--Of the amount made available under 
subsection (d), 50 percent of such amount shall be awarded for projects 
described in subsection (a)(1) and 50 percent shall be awarded for 
projects described in subsection (a)(2).
    (f) Report.--Not later than October 1, 2026, the Secretary shall 
submit to the Committee on Commerce, Science, and Transportation and 
the Committee on Environment and Public Works of the Senate and the 
Committee on Transportation and Infrastructure and the Committee on 
Energy and Commerce of the House of Representatives a report describing 
the results of the grant program under this section. The report shall 
include the following:
            (1) A description of the entities and projects that 
        received grants or other cost-sharing agreements under this 
        section.
            (2) A detailed explanation for why each entity received the 
        type of funding disbursement such entity did.
            (3) A description of whether the program is leading to an 
        increase in the production and deployment of sustainable 
        aviation fuels and use of low-emission aviation technologies by 
        United States aviation and aerospace industry stakeholders.
            (4) A description of the economic impacts resulting from 
        the funding to and operation of the project.
    (g) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State or local government other than an 
                airport sponsor;
                    (B) an air carrier;
                    (C) an airport sponsor;
                    (D) an accredited institution of higher education;
                    (E) a person or entity engaged in the production, 
                transportation, blending or storage of sustainable 
                aviation fuels or feedstocks that could be used to 
                produce sustainable aviation fuels;
                    (F) a person or entity engaged in the development, 
                demonstration, or application of low-emission aviation 
                technologies; or
                    (G) nonprofit entities or nonprofit consortia with 
                experience in sustainable aviation fuels, low-emission 
                technology, or other clean transportation research 
                programs.
            (2) Low-emission aviation technology.--The term ``low-
        emission aviation technology'' means technologies that 
        significantly--
                    (A) improve aircraft fuel efficiency;
                    (B) increase utilization of sustainable aviation 
                fuel; or
                    (C) reduce greenhouse gas emissions produced during 
                operation of civil aircraft.
            (3) Sustainable aviation fuel.--The term ``sustainable 
        aviation fuel'' means liquid fuel consisting of synthesized 
        hydrocarbons that--
                    (A) meets the requirements of ASTM International 
                Standard D7566;
                    (B) is derived from biomass (as such term is 
                defined in section 45K(c)(3) of the Internal Revenue 
                Code of 1986), waste streams, renewable energy sources 
                or gaseous carbon oxides;
                    (C) conforms to the standards, recommended 
                practices, requirements and criteria, supporting 
                documents, implementation elements, and any other 
                technical guidance for sustainable aviation fuels that 
                are adopted by the International Civil Aviation 
                Organization with the agreement of the United States;
                    (D) achieves at least a 50 percent reduction in 
                lifecycle greenhouse gas emissions under the standards 
                and related materials specified in subparagraph (C) 
                compared to conventional jet fuel;
                    (E) is not derived from feedstocks that are 
                developed through practices that threaten mass 
                deforestation, harm biodiversity, or otherwise promote 
                environmentally unsustainable processes; and
                    (F) is produced in the United States.

SEC. 10202. EXPANSION OF VOLUNTARY AIRPORT LOW EMISSION PROGRAM.

    (a) Passenger Facility Charge Eligibility.--Section 40117(a)(3)(G) 
of title 49, United States Code, is amended by striking ``if the 
airport is located in an air quality nonattainment area (as defined in 
section 171(2) of the Clean Air Act (42 U.S.C. 7501(2)) or a 
maintenance area referred to in section 175A of such Act (42 U.S.C. 
7505a)''.
    (b) Airport Improvement Program Eligibility.--
            (1) Expansion.--
                    (A) Airport facilities.--Section 47102(3)(K) of 
                title 49, United States Code, is amended by striking 
                ``if the airport is located in an air quality 
                nonattainment or maintenance area (as defined in 
                sections 171(2) and 175A of the Clean Air Act (42 
                U.S.C. 7501(2); 7505a))''.
                    (B) Acquisition of vehicles.--Section 47102(3)(L) 
                of title 49, United States Code, is amended by striking 
                ``if the airport is located in an air quality 
                nonattainment or maintenance area (as defined in 
                sections 171(2) and 175A of the Clean Air Act (42 
                U.S.C. 7501(2); 7505a)),''.
            (2) Priority of vale projects.--Chapter 471 of title 49, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 47145. Priority of vale projects
    ``In considering applications for projects described in section 
subparagraphs (K) and (L) of section 47102(3), the Secretary shall 
prioritize Federal funding for airports in areas located in an air 
quality nonattainment area (as such term is defined in section 171(2) 
of the Clean Air Act (42 U.S.C. 7501(2)) or maintenance area (as such 
term is defined in sections 175A of the Clean Air Act (42 U.S.C. 
7505a)).''.
            (3) Conforming amendment.--The analysis for chapter 471 of 
        title 49, United States Code, is amended by adding at the end 
        the following:

``47145. Priority of vale projects.''.

SEC. 10203. STUDY AND DEVELOPMENT OF SUSTAINABLE AVIATION FUELS.

    There is authorized to be appropriated from the general fund of the 
Treasury to the Administrator of the Federal Aviation Administration 
$30,000,000 for each of fiscal years 2021 through 2025 for the study 
and development of sustainable aviation fuels.

SEC. 10204. CENTER OF EXCELLENCE FOR ALTERNATIVE JET FUELS AND 
              ENVIRONMENT.

     There is authorized to be appropriated from the general fund of 
the Treasury to the Administrator of the Federal Aviation 
Administration $5,000,000 for each of fiscal years 2021 through 2025 to 
be used exclusively for work performed by the Center of Excellence for 
Alternative Jet Fuels and Environment, including programs to assess and 
reduce the environmental impacts of aviation and to improve the health 
and quality of life of individuals living in and around airport 
communities.

SEC. 10205. NATIONAL EVALUATION OF AVIATION AND AEROSPACE SOLUTIONS TO 
              CLIMATE CHANGE.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Transportation shall seek to enter into 
an agreement with the National Academies of Sciences, Engineering, and 
Medicine to conduct a study on climate change mitigation efforts with 
respect to the civil aviation and aerospace industries.
    (b) Study Contents.--In conducting the study under subsection (a), 
the National Academies shall--
            (1) identify climate change mitigation efforts, including 
        efforts relating to emerging technologies, in the civil 
        aviation and aerospace industries;
            (2) develop and apply an appropriate indicator for 
        assessing the effectiveness of such efforts;
            (3) identify gaps in such efforts;
            (4) identify barriers preventing expansion of such efforts; 
        and
            (5) develop recommendations with respect to such efforts.
    (c) Reports.--
            (1) Findings of study.--Not later than 1 year after the 
        date on which the Secretary enters into an agreement for a 
        study pursuant to subsection (a), the Secretary shall submit to 
        the appropriate congressional committees the findings of the 
        study.
            (2) Assessment.--Not later than 180 days after the date on 
        which the Secretary submits the findings pursuant to paragraph 
        (1), the Secretary, acting through the Administrator of the 
        Federal Aviation Administration, shall submit to the 
        appropriate congressional committees a report that contains an 
        assessment of the findings.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated from the general fund of the Treasury to the Secretary to 
carry out this section $1,500,000.
    (e) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, the Committee on Commerce, Science, and 
        Transportation of the Senate, and other congressional 
        committees determined appropriate by the Secretary.
            (2) Climate change mitigation efforts.--The term ``climate 
        change mitigation efforts'' means efforts, including the use of 
        technologies, materials, processes, or practices, that 
        contribute to the reduction of greenhouse gas emissions.

SEC. 10206. JOINT TASK FORCE ON AIR TRAVEL.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the Secretary of Transportation, the Secretary of Homeland 
Security, and the Secretary of Health and Human Services shall 
establish a Joint Task Force on Air Travel During and After the COVID-
19 Public Health Emergency (in this section referred to as the ``Joint 
Task Force'').
    (b) Duties.--
            (1) In general.--The Joint Task Force shall develop 
        recommended requirements, plans, and guidelines to address the 
        health, safety, security, and logistical issues relating to the 
        continuation of air travel during the COVID-19 Public Health 
        Emergency, and with respect to the resumption of full 
        operations at airports and increased passenger air travel after 
        the COVID-19 Public Health Emergency ends. The Joint Task Force 
        shall develop, at a minimum, recommended requirements, plans, 
        and guidelines, as appropriate, with respect to each of the 
        applicable periods described in paragraph (2) for--
                    (A) reforming airport, air carrier, security, and 
                other passenger air travel-related operations, 
                including passenger queuing, passenger security 
                screening, boarding, deplaning, and baggage handling 
                procedures, as a result of--
                            (i) current and anticipated changes to 
                        passenger air travel during the COVID-19 Public 
                        Health Emergency and after that emergency ends; 
                        and
                            (ii) anticipated changes to passenger air 
                        travel as a result of the projected seasonal 
                        recurrence of the coronavirus;
                    (B) mitigating the public health and economic 
                impacts of the COVID-19 Public Health Emergency and the 
                projected seasonal recurrence of the coronavirus on 
                airports and passenger air travel, including through 
                the use of personal protective equipment for passengers 
                and employees, the implementation of strategies to 
                promote overall passenger and employee safety, and the 
                accomodation of social distancing, as necessary;
                    (C) addressing the privacy and civil liberty 
                concerns created by passenger health screenings, 
                contact-tracing, or any other process for monitoring 
                the health of individuals engaged in health travel; and
                    (D) operating procedures to manage future public 
                health crises affecting air travel.
            (2) Applicable periods.--For purposes of paragraph (1), the 
        applicable periods are the following:
                    (A) The period beginning with the date of the first 
                meeting of the Joint Task Force and ending with the 
                date on which the COVID-19 Public Health Emergency 
                ends.
                    (B) The 1-year period beginning on the day after 
                the period described in subparagraph (A) ends.
    (c) Requirements.--
            (1) In general.--In developing the recommended 
        requirements, plans, and guidelines under subsection (b), and 
        prior to including them in the final report required under 
        subsection (f)(2), the Joint Task Force shall--
                    (A) consider the consensus recommendations of the 
                Advisory Committee established under subsection (e);
                    (B) conduct cost-benefit evaluations;
                    (C) consider funding constraints; and
                    (D) use risk-based decision-making.
            (2) International consultation.--The Joint Task Force shall 
        consult, as practicable, with relevant international entities 
        and operators, including the International Civil Aviation 
        Organization, towards the goal of maximizing the harmonization 
        of recommended requirements, plans, and guidelines for air 
        travel during and after the COVID-19 Public Health Emergency.
    (d) Membership.--
            (1) Chair.--The Secretary of Transportation (or the 
        Secretary's designee) shall serve as the Chair of the Joint 
        Task Force.
            (2) Vice chair.--The Secretary of Health and Human Services 
        (or the Secretary's designee) shall serve as Vice Chair of the 
        Joint Task Force.
            (3) Other members.--In addition to the Chair and Vice 
        Chair, the members of the Joint Task Force shall include 
        representatives of the following:
                    (A) The Department of Transportation.
                    (B) The Department of Homeland Security.
                    (C) The Department of Health and Human Services.
                    (D) The Federal Aviation Administration.
                    (E) The Transportation Security Administration.
                    (F) United States Customs and Border Protection.
                    (G) The Centers for Disease Control and Prevention.
                    (H) The Occupational Safety and Health 
                Administration.
                    (I) The National Institute for Occupational Safety 
                and Health.
                    (J) The Pipeline and Hazardous Materials Safety 
                Administration.
                    (K) The Department of State.
                    (L) The Environmental Protection Agency.
    (e) Advisory Committee.--
            (1) Establishment.--Not later than 15 days after the date 
        on which the Joint Task Force is established under subsection 
        (a), the Secretary of Transportation, in consultation with the 
        Secretary of Homeland Security and the Secretary of Health and 
        Human Services, shall establish a Joint Federal Advisory 
        Committee to advise the Joint Task Force (in this section 
        referred to as the ``Advisory Committee'').
            (2) Membership.--The members of the Advisory Committee 
        shall include representatives of the following:
                    (A) Airport operators designated by the Secretary 
                of Transportation in consultation with the Secretary of 
                Homeland Security.
                    (B) Air carriers designated by the Secretary of 
                Transportation in consultation with the Secretary of 
                Homeland Security.
                    (C) Aircraft and aviation manufacturers designated 
                by the Secretary of Transportation.
                    (D) Labor organizations representing aviation 
                industry workers, including pilots, flight attendants, 
                maintenance, mechanics, air traffic controllers, and 
                safety inspectors, designated by the Secretary of 
                Transportation.
                    (E) Public health experts designated by the 
                Secretary of Health and Human Services.
                    (F) Consumers and air passenger rights 
                organizations designated by the Secretary of 
                Transportation in consultation with Secretary of 
                Homeland Security.
                    (G) Privacy and civil liberty organizations 
                designated by the Secretary of Homeland Security.
                    (H) Manufacturers and integrators of air passenger 
                screening and identity verification technologies 
                designated by the Secretary of Homeland Security.
                    (I) Trade associations representing air carriers, 
                including, major air carriers, low cost carriers, 
                regional air carriers, cargo air carriers, and foreign 
                air carriers, designated by the Secretary of 
                Transportation in consulation with the Secretary of 
                Homeland Security.
                    (J) Trade associations representing airport 
                operators designated by the Secretary of Transportation 
                in consultation with the Secretary of Homeland 
                Security.
            (3) Vacancies.--Any vacancy in the membership of the 
        Advisory Committee shall not affect its responsibilities, but 
        shall be filled in the same manner as the original appointment 
        and in accordance with the Federal Advisory Committee Act (5 
        U.S.C. App.).
            (4) Duties.--
                    (A) In general.--The Advisory Committee shall 
                develop and submit policy recommendations to the Joint 
                Task Force regarding the recommended requirements, 
                plans, and guidelines to be developed by the Joint Task 
                Force under subsection (b).
                    (B) Publication.--Not later than 14 days after the 
                date on which the Advisory Committee submits policy 
                recommendations to the Joint Task Force in accordance 
                with subparagraph (A), the Secretary of Transportation 
                shall publish the policy recommendations on a publicly 
                accessible website.
            (5) Prohibition on compensation.--The members of the 
        Advisory Committee shall not receive any compensation from the 
        Federal Government by reason of their service on the Advisory 
        Committee.
    (f) Briefings and Reports.--
            (1) Preliminary briefings.--As soon as practicable, but not 
        later than 6 months after the establishment of the Joint Task 
        Force, the Joint Task Force shall begin providing preliminary 
        briefings for Congress on the status of the development of the 
        recommended requirements, plans, and guidelines under 
        subsection (b). The preliminary briefings shall include interim 
        versions, if any, of the Joint Task Force's recommendations.
            (2) Final report.--
                    (A) Deadline.--As soon as practicable, but not 
                later than 18 months after the date of enactment of 
                this Act, the Joint Task Force shall submit to Congress 
                a final report.
                    (B) Content.--The final report under subparagraph 
                (A) shall include the following:
                            (i) All of the recommended requirements, 
                        plans, and guidelines developed by the Joint 
                        Task Force.
                            (ii) A description of any actions taken by 
                        the Federal Government as a result of such 
                        recommendations.
    (g) Termination.--The Joint Task Force and Advisory Committee shall 
terminate 30 days after the date on which the Joint Task Force submits 
the final report required under subsection (f)(2).
    (h) Definition.--In this section, the term ``COVID-19 Public Health 
Emergency'' means the public health emergency first declared on January 
31, 2020, by the Secretary of Health and Human Services under section 
319 of the Public Health Service Act (42 U.S.C. 247d) with respect to 
COVID-19 and includes any renewal of such declaration pursuant to such 
section 319.

      DIVISION F--INVESTMENT IN WATER RESOURCES AND WATER-RELATED 
                             INFRASTRUCTURE

SEC. 20001. SHORT TITLE.

    This division may be cited as the ``Water Infrastructure 
Investment, Job Creation, and Economic Stability Act''.

             TITLE I--CRITICAL WATER RESOURCES INVESTMENTS

SEC. 21001. USE OF HARBOR MAINTENANCE TRUST FUND TO SUPPORT NAVIGATION.

    Section 210 of the Water Resources Development Act of 1986 (33 
U.S.C. 2238) is amended--
            (1) in the section heading, by striking ``authorization of 
        appropriations'' and inserting ``funding for navigation''; and
            (2) by adding at the end the following:
    ``(g) Adjustments to Discretionary Spending Limits.--Amounts made 
available from the Harbor Maintenance Trust Fund under this section or 
section 9505 of the Internal Revenue Code of 1986 shall be made 
available in accordance with section 14003 of division B of the 
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
136).''.

SEC. 21002. ANNUAL REPORT TO CONGRESS.

    Section 330 of the Water Resources Development Act of 1992 (26 
U.S.C. 9505 note; 106 Stat. 4851) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and annually thereafter,'' and 
                inserting ``and annually thereafter concurrent with the 
                submission of the President's annual budget request to 
                Congress,''; and
                    (B) by striking ``Public Works and Transportation'' 
                and inserting ``Transportation and Infrastructure''; 
                and
            (2) in subsection (b)(1) by adding at the end the 
        following:
                    ``(D) A description of the expected expenditures 
                from the trust fund to meet the needs of navigation for 
                the fiscal year of the budget request.''.

SEC. 21003. HARBOR MAINTENANCE TRUST FUND DISCRETIONARY SPENDING LIMIT 
              ADJUSTMENT.

    (a) In General.--Section 14003 of division B of the CARES Act 
(Public Law 116-136) is amended to read as follows:
    ``Sec. 14003.  Section 251(b)(2) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)) is amended 
by adding at the end the following:
                    ```(H) Harbor maintenance activities.--If, for any 
                fiscal year, appropriations for the Construction, 
                Mississippi River and Tributaries, and Operation and 
                Maintenance accounts of the Corps of Engineers are 
                enacted that are derived from the Harbor Maintenance 
                Trust Fund established under section 9505(a) of the 
                Internal Revenue Code of 1986 and that the Congress 
                designates in statute as being for harbor operations 
                and maintenance activities, then the adjustment for 
                that fiscal year shall be the total of such 
                appropriations that are derived from such Fund and 
                designated as being for harbor operations and 
                maintenance activities.'.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the CARES Act (Public 
Law 116-136).

SEC. 21004. APPROPRIATIONS FOR CONSTRUCTION, INLAND WATERWAYS, 
              OPERATION AND MAINTENANCE.

    The following sums are hereby appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2020, and for other purposes, namely:
            (1) For an additional amount for ``Corps of Engineers--
        Civil--Department of the Army--Construction'', $10,000,000,000, 
        to remain available until expended: Provided, That not more 
        than $3,000,000,000 shall be available for costs of 
        construction, replacement, rehabilitation, and expansion of 
        inland waterways projects, with one-half of such costs paid 
        from the Inland Waterways Trust Fund and one-half from the 
        general fund of the Treasury; Provided further, That not less 
        than $500,000,000 shall be available for water-related 
        environmental infrastructure assistance.
            (2) For an additional amount for ``Corps of Engineers--
        Civil--Department of the Army--Operation and Maintenance'', 
        $5,000,000,000, to remain available until expended.

               TITLE II--CRITICAL CLEAN WATER INVESTMENTS

       Subtitle A--Water Quality Protection and Job Creation Act

SEC. 22101. SHORT TITLE.

    This subtitle may be cited as the ``Water Quality Protection and 
Job Creation Act of 2020''.

SEC. 22102. WASTEWATER INFRASTRUCTURE WORKFORCE INVESTMENT.

    Section 104(g) of the Federal Water Pollution Control Act (33 
U.S.C. 1254(g)) is amended--
            (1) in paragraph (1), by striking ``manpower'' each place 
        it appears and inserting ``workforce''; and
            (2) by amending paragraph (4) to read as follows:
            ``(4) Report to congress on publicly owned treatment works 
        workforce development.--Not later than 2 years after the date 
        of enactment of the Water Quality Protection and Job Creation 
        Act of 2020, the Administrator shall submit to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report containing--
                    ``(A) an assessment of the current and future 
                workforce needs for publicly owned treatment works, 
                including an estimate of the number of future positions 
                needed for such treatment works and the technical 
                skills and education needed for such positions;
                    ``(B) a summary of actions taken by the 
                Administrator, including Federal investments under this 
                chapter, that promote workforce development to address 
                such needs; and
                    ``(C) any recommendations of the Administrator to 
                address such needs.''.

SEC. 22103. STATE MANAGEMENT ASSISTANCE.

    (a) Authorization of Appropriations.--Section 106(a) of the Federal 
Water Pollution Control Act (33 U.S.C. 1256(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (1); and
            (2) by inserting after paragraph (2) the following:
            ``(3) such sums as may be necessary for each of fiscal 
        years 1991 through 2020;
            ``(4) $300,000,000 for fiscal year 2021;
            ``(5) $300,000,000 for fiscal year 2022;
            ``(6) $300,000,000 for fiscal year 2023;
            ``(7) $300,000,000 for fiscal year 2024; and
            ``(8) $300,000,000 for fiscal year 2025;''.
    (b) Technical Amendment.--Section 106(e) of the Federal Water 
Pollution Control Act (33 U.S.C. 1256(e)) is amended by striking 
``Beginning in fiscal year 1974 the'' and inserting ``The''.

SEC. 22104. WATERSHED, WET WEATHER, AND RESILIENCY PROJECTS.

    (a) Increased Resilience of Treatment Works.--Section 122(a)(6) of 
the Federal Water Pollution Control Act (33 U.S.C. 1274(a)(6)) is 
amended to read as follows:
            ``(6) Increased resilience of treatment works.--Efforts--
                    ``(A) to assess future risks and vulnerabilities of 
                publicly owned treatment works to manmade or natural 
                disasters, including extreme weather events and sea 
                level rise; and
                    ``(B) to carry out the planning, designing, or 
                constructing of projects, on a systemwide or areawide 
                basis, to increase the resilience of publicly owned 
                treatment works through--
                            ``(i) the conservation of water or the 
                        enhancement of water use efficiency;
                            ``(ii) the enhancement of wastewater 
                        (including stormwater) management by increasing 
                        watershed preservation and protection, 
                        including through--
                                    ``(I) the use of green 
                                infrastructure; or
                                    ``(II) the reclamation and reuse of 
                                wastewater (including stormwater), such 
                                as through aquifer recharge zones;
                            ``(iii) the modification or relocation of 
                        an existing publicly owned treatment works at 
                        risk of being significantly impaired or damaged 
                        by a manmade or natural disaster; or
                            ``(iv) the enhancement of energy 
                        efficiency, or the use or generation of 
                        recovered or renewable energy, in the 
                        management, treatment, or conveyance of 
                        wastewater (including stormwater).''.
    (b) Requirements; Authorization of Appropriations.--Section 122 of 
the Federal Water Pollution Control Act (33 U.S.C. 1274) is amended by 
striking subsection (c) and inserting the following:
    ``(c) Requirements.--The requirements of section 608 shall apply to 
any construction, alteration, maintenance, or repair of treatment works 
receiving a grant under this section.
    ``(d) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to municipalities with a population 
of less than 10,000, to the extent there are sufficient eligible 
applications.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000,000, to remain 
available until expended.''.
    (c) Technical and Conforming Amendments.--
            (1) Watershed pilot projects.--Section 122 of the Federal 
        Water Pollution Control Act (33 U.S.C. 1274) is amended--
                    (A) in the section heading, by striking ``watershed 
                pilot projects'' and inserting ``watershed, wet 
                weather, and resiliency projects''; and
                    (B) by striking ``pilot'' each place it appears.
            (2) Water pollution control revolving loan funds.--Section 
        603(c)(7) of the Federal Water Pollution Control Act (33 U.S.C. 
        1383(c)(7)) is amended by striking ``watershed''.

SEC. 22105. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.

    (a) Selection of Projects.--Section 220(d) of the Federal Water 
Pollution Control Act (33 U.S.C. 1300(d)) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Limitation on eligibility.--A project that has 
        received construction funds under the Reclamation Projects 
        Authorization and Adjustment Act of 1992 shall not be eligible 
        for grant assistance under this section.''; and
            (2) by striking paragraph (2) and redesignating paragraph 
        (3) as paragraph (2).
    (b) Committee Resolution Procedure; Assistance.--Section 220 of the 
Federal Water Pollution Control Act (33 U.S.C. 1300) is amended by 
striking subsection (e) and inserting the following:
    ``(e) Assistance.--The Administrator shall use not less than 15 
percent of the amounts appropriated pursuant to this section in a 
fiscal year to provide assistance to eligible entities for projects 
designed to serve fewer than 10,000 individuals, to the extent there 
are sufficient eligible applications.''.
    (c) Cost Sharing.--Section 220(g) of the Federal Water Pollution 
Control Act (33 U.S.C. 1300(g)) is amended--
            (1) by striking ``The Federal share'' and inserting the 
        following:
            ``(1) In general.--Except as provided in paragraph (2), the 
        Federal share''; and
            (2) by adding at the end the following:
            ``(2) Reclamation and reuse projects.--For an alternative 
        water source project that has received funds under the 
        Reclamation Projects Authorization and Adjustment Act of 1992 
        (other than funds referred to in subsection (d)(1)), the total 
        Federal share of the costs of the project shall not exceed 25 
        percent or $20,000,000, whichever is less.''.
    (d) Requirements.--Section 220 of the Federal Water Pollution 
Control Act (33 U.S.C. 1300) is amended by redesignating subsections 
(i) and (j) as subsections (j) and (k), respectively, and inserting 
after subsection (h) the following:
    ``(i) Requirements.--The requirements of section 608 shall apply to 
any construction of an alternative water source project carried out 
using assistance made available under this section.''.
    (e) Definitions.--Section 220(j)(1) of the Federal Water Pollution 
Control Act (as redesignated by subsection (d) of this section) is 
amended by striking ``or wastewater or by treating wastewater'' and 
inserting ``, wastewater, or stormwater or by treating wastewater or 
stormwater''.
    (f) Authorization of Appropriations.--Section 220(k) of the Federal 
Water Pollution Control Act (as redesignated by subsection (d) of this 
section) is amended by striking ``$75,000,000 for fiscal years 2002 
through 2004'' and inserting ``$600,000,000''.

SEC. 22106. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.

    Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 
1301) is amended--
            (1) in subsection (c), by striking ``subsection (b),'' each 
        place it appears and inserting ``this section,'';
            (2) in subsection (d)--
                    (A) by striking ``The Federal share'' and inserting 
                the following:
            ``(1) Federal share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Federal share''; and
                    (B) by striking ``The non-Federal share'' and 
                inserting the following:
                    ``(B) Financially distressed communities.--The 
                Federal share of the cost of activities carried out 
                using amounts from a grant made to a financially 
                distressed community under subsection (a) shall be not 
                less than 75 percent of the cost.
            ``(2) Non-federal share.--The non-Federal share'';
            (3) in subsection (e), by striking ``section 513'' and 
        inserting ``section 513, or the requirements of section 608,''; 
        and
            (4) in subsection (f)--
                    (A) in paragraph (1), by inserting ``, and 
                $400,000,000 for each of fiscal years 2021 through 
                2025'' before the period at the end; and
                    (B) by adding at the end the following:
            ``(3) Assistance.--In carrying out subsection (a), the 
        Administrator shall ensure that, of the amounts granted to 
        municipalities in a State, not less than 20 percent is granted 
        to municipalities with a population of less than 20,000, to the 
        extent there are sufficient eligible applications.''.

SEC. 22107. REPORTS TO CONGRESS.

    Section 516(b)(1) of the Federal Water Pollution Control Act (33 
U.S.C. 1375(b)(1)) is amended--
            (1) by striking ``, of the cost of construction'' and 
        inserting ``, of (i) the cost of construction''; and
            (2) by striking ``each of the States;'' and inserting 
        ``each of the States, and (ii) the costs to implement measures 
        necessary to address the resilience and sustainability of 
        publicly owned treatment works to manmade or natural 
        disasters;''.

SEC. 22108. INDIAN TRIBES.

    Section 518(c) of the Federal Water Pollution Control Act (33 
U.S.C. 1377(c)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) In general.--For each fiscal year, the Administrator 
        shall reserve, of the funds made available to carry out title 
        VI (before allotments to the States under section 604(a)), the 
        greater of--
                    ``(A) 2 percent of such funds; or
                    ``(B) $30,000,000.
            ``(2) Use of funds.--
                    ``(A) Grants.--Funds reserved under this subsection 
                shall be available only for grants to entities 
                described in paragraph (3) for--
                            ``(i) projects and activities eligible for 
                        assistance under section 603(c); and
                            ``(ii) training, technical assistance, and 
                        educational programs relating to the operation 
                        and management of treatment works eligible for 
                        assistance pursuant to section 603(c).
                    ``(B) Limitation.--Not more than $2,000,000 of the 
                reserved funds may be used for grants under 
                subparagraph (A)(ii).''; and
            (2) in paragraph (3)--
                    (A) in the header, by striking ``Use of funds'' and 
                inserting ``Eligible entities''; and
                    (B) by striking ``for projects and activities 
                eligible for assistance under section 603(c) to serve'' 
                and inserting ``to''.

SEC. 22109. CAPITALIZATION GRANTS.

    Section 602(b) of the Federal Water Pollution Control Act (33 
U.S.C. 1382(b)) is amended--
            (1) in paragraph (13)(B)--
                    (A) in the matter preceding clause (i), by striking 
                ``and energy conservation'' and inserting ``and 
                efficient energy use (including through the 
                implementation of technologies to recapture and reuse 
                energy produced in the treatment of wastewater)''; and
                    (B) in clause (iii), by striking ``; and'' and 
                inserting a semicolon;
            (2) in paragraph (14), by striking the period at the end 
        and inserting ``; and'' ; and
            (3) by adding at the end the following:
            ``(15) to the extent there are sufficient projects or 
        activities eligible for assistance from the fund, with respect 
        to funds for capitalization grants received by the State under 
        this title and section 205(m), the State will use not less than 
        15 percent of such funds for projects to address green 
        infrastructure, water or energy efficiency improvements, or 
        other environmentally innovative activities.''.

SEC. 22110. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.

    Section 603(i) of the Federal Water Pollution Control Act (33 
U.S.C. 1383(i)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``, including forgiveness of principal and 
                negative interest loans'' and inserting ``(including in 
                the form of forgiveness of principal, negative interest 
                loans, or grants)''; and
                    (B) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``in assistance''; and
                            (ii) in clause (ii)(III), by striking ``to 
                        such ratepayers'' and inserting ``to help such 
                        ratepayers maintain access to wastewater and 
                        stormwater treatment services''; and
            (2) by amending paragraph (3) to read as follows:
            ``(3) Subsidization amounts.--
                    ``(A) In general.--A State may use for providing 
                additional subsidization in a fiscal year under this 
                subsection an amount that does not exceed the greater 
                of--
                            ``(i) 30 percent of the total amount 
                        received by the State in capitalization grants 
                        under this title for the fiscal year; or
                            ``(ii) the annual average over the previous 
                        10 fiscal years of the amounts deposited by the 
                        State in the State water pollution control 
                        revolving fund from State moneys that exceed 
                        the amounts required to be so deposited under 
                        section 602(b)(2).
                    ``(B) Minimum.--For each of fiscal years 2021 
                through 2025, to the extent there are sufficient 
                applications for additional subsidization under this 
                subsection that meet the criteria under paragraph 
                (1)(A), a State shall use for providing additional 
                subsidization in a fiscal year under this subsection an 
                amount that is not less than 10 percent of the total 
                amount received by the State in capitalization grants 
                under this title for the fiscal year.''.

SEC. 22111. ALLOTMENT OF FUNDS.

    (a) Formula.--Section 604(a) of the Federal Water Pollution Control 
Act (33 U.S.C. 1384(a)) is amended by striking ``each of fiscal years 
1989 and 1990'' and inserting ``each fiscal year''.
    (b) Wastewater Infrastructure Workforce Development.--Section 604 
of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended 
by adding at the end the following:
    ``(d) Wastewater Infrastructure Workforce Development.--A State may 
reserve each fiscal year up to 1 percent of the sums allotted to the 
State under this section for the fiscal year to carry out workforce 
development, training, and retraining activities described in section 
104(g).''.

SEC. 22112. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by striking section 607 and inserting the 
following:

``SEC. 607. RESERVATION OF FUNDS FOR TERRITORIES OF THE UNITED STATES.

    ``(a) In General.--
            ``(1) Reservation.--For each fiscal year, the Administrator 
        shall reserve 1.5 percent of available funds, as calculated in 
        accordance with paragraph (2).
            ``(2) Calculation of available funds.--The amount of 
        available funds shall be calculated by subtracting the amount 
        of any funds reserved under section 518(c) from the amount of 
        funds made available to carry out this title (before allotments 
        to the States under section 604(a)).
    ``(b) Use of Funds.--Funds reserved under this section shall be 
available only for grants to American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the Virgin Islands for projects and 
activities eligible for assistance under section 603(c).
    ``(c) Limitation.--American Samoa, the Commonwealth of the Northern 
Mariana Islands, Guam, and the Virgin Islands may not receive funds 
allotted under section 604(a).''.

SEC. 22113. AUTHORIZATION OF APPROPRIATIONS.

    Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 
et seq.) is amended by adding at the end the following:

``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
the following sums:
            ``(1) $8,000,000,000 for fiscal year 2021.
            ``(2) $8,000,000,000 for fiscal year 2022.
            ``(3) $8,000,000,000 for fiscal year 2023.
            ``(4) $8,000,000,000 for fiscal year 2024.
            ``(5) $8,000,000,000 for fiscal year 2025.''.

SEC. 22114. TECHNICAL ASSISTANCE BY MUNICIPAL OMBUDSMAN.

    Section 4(b)(1) of the Water Infrastructure Improvement Act (42 
U.S.C. 4370j(b)(1)) is amended to read as follows:
            ``(1) technical and planning assistance to support 
        municipalities, including municipalities that are rural, small, 
        and tribal communities, in achieving and maintaining compliance 
        with enforceable deadlines, goals, and requirements of the 
        Federal Water Pollution Control Act; and''.

SEC. 22115. REPORT ON FINANCIAL CAPABILITY OF MUNICIPALITIES.

    (a) Review.--The Administrator of the Environmental Protection 
Agency shall conduct a review of existing implementation guidance of 
the Agency for evaluating the financial resources a municipality has 
available to implement the requirements of the Federal Water Pollution 
Control Act to determine whether, and if so, how, such guidance needs 
to be revised.
    (b) Considerations.--In conducting the review under subsection (a), 
the Administrator shall consider--
            (1) the report by the National Academy of Public 
        Administration prepared for the Environmental Protection Agency 
        entitled ``Developing a New Framework for Community 
        Affordability of Clean Water Services'', dated October 2017;
            (2) the report developed by the National Environmental 
        Justice Advisory Council entitled ``EPA's Role in Addressing 
        the Urgent Water Infrastructure Needs of Environmental Justice 
        Communities'', dated August 2018, and made available on the 
        website of the Administrator in March 2019;
            (3) the report prepared for the American Water Works 
        Association, the National Association of Clean Water Agencies, 
        and the Water Environment Federation entitled ``Developing a 
        New Framework for Household Affordability and Financial 
        Capability Assessment in the Water Sector'', dated April 17, 
        2019;
            (4) the recommendations of the Environmental Financial 
        Advisory Board related to municipal financial capability 
        assessments, prepared at the request of the Administrator; and
            (5) any other information the Administrator considers 
        appropriate.
    (c) Engagement and Transparency.--In conducting the review under 
subsection (a), the Administrator shall--
            (1) after providing public notice, consult with, and 
        solicit advice and recommendations from, State and local 
        governmental officials and other stakeholders, including 
        nongovernmental organizations; and
            (2) ensure transparency in the consultation process.
    (d) Report.--Not later than 18 months after the date of enactment 
of this Act, the Administrator shall submit to the Committee on 
Transportation and Infrastructure of the House of Representatives and 
the Committee on Environment and Public Works of the Senate, and make 
publicly available, a report on the results of the review conducted 
under subsection (a), including any recommendations for revisions to 
the guidance.

SEC. 22116. EMERGING CONTAMINANTS.

    (a) In General.--The Administrator of the Environmental Protection 
Agency shall award grants to owners and operators of publicly owned 
treatment works to be used for the implementation of a pretreatment 
standard or effluent limitation developed by the Administrator for the 
introduction or discharge of a perfluoroalkyl or polyfluoroalkyl 
substance or other pollutant identified by the Administrator as a 
potential contaminant of emerging concern.
    (b) Definitions.--In this section:
            (1) Discharge.--The term ``discharge'' has the meaning 
        given that term in section 502 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1362).
            (2) Effluent limitation.--The term ``effluent limitation'' 
        means an effluent limitation under section 301(b) of the 
        Federal Water Pollution Control Act (33 U.S.C. 1311).
            (3) Introduction.--The term ``introduction'' means the 
        introduction of pollutants into treatment works, as described 
        in section 307(b) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1317).
            (4) Pretreatment standard.--The term ``pretreatment 
        standard'' means a pretreatment standard under section 307(b) 
        of the Federal Water Pollution Control Act (33 U.S.C. 1317).
            (5) Treatment works.--The term ``treatment works'' has the 
        meaning given that term in section 212 of the Federal Water 
        Pollution Control Act (33 U.S.C. 1292).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section the following sums:
            (1) $200,000,000 for fiscal year 2021.
            (2) $200,000,000 for fiscal year 2022.
            (3) $200,000,000 for fiscal year 2023.
            (4) $200,000,000 for fiscal year 2024.
            (5) $200,000,000 for fiscal year 2025.

                   Subtitle B--Local Water Protection

SEC. 22201. NONPOINT SOURCE MANAGEMENT PROGRAMS.

    Section 319(j) of the Federal Water Pollution Control Act (33 
U.S.C. 1329(j)) is amended by striking ``subsections (h) and (i) not to 
exceed'' and all that follows through ``fiscal year 1991'' and 
inserting ``subsections (h) and (i) $200,000,000 for each of fiscal 
years 2021 through 2025''.

        Subtitle C--Critical Regional Infrastructure Investments

SEC. 22301. REAUTHORIZATION OF CHESAPEAKE BAY PROGRAM.

    Section 117(j) of the Federal Water Pollution Control Act (33 
U.S.C. 1267(j)) is amended by striking ``$40,000,000 for each of fiscal 
years 2001 through 2005'' and inserting ``$90,000,000 for fiscal year 
2021, $90,500,000 for fiscal year 2022, $91,000,000 for fiscal year 
2023, $91,500,000 for fiscal year 2024, and $92,000,000 for fiscal year 
2025''.

SEC. 22302. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is amended by adding at the end the following:

``SEC. 124. SAN FRANCISCO BAY RESTORATION GRANT PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Estuary partnership.--The term `Estuary Partnership' 
        means the San Francisco Estuary Partnership, designated as the 
        management conference for the San Francisco Bay under section 
        320.
            ``(2) San francisco bay plan.--The term `San Francisco Bay 
        Plan' means--
                    ``(A) until the date of the completion of the plan 
                developed by the Director under subsection (d), the 
                comprehensive conservation and management plan approved 
                under section 320 for the San Francisco Bay estuary; 
                and
                    ``(B) on and after the date of the completion of 
                the plan developed by the Director under subsection 
                (d), the plan developed by the Director under 
                subsection (d).
    ``(b) Program Office.--
            ``(1) Establishment.--The Administrator shall establish in 
        the Environmental Protection Agency a San Francisco Bay Program 
        Office. The Office shall be located at the headquarters of 
        Region 9 of the Environmental Protection Agency.
            ``(2) Appointment of director.--The Administrator shall 
        appoint a Director of the Office, who shall have management 
        experience and technical expertise relating to the San 
        Francisco Bay and be highly qualified to direct the development 
        and implementation of projects, activities, and studies 
        necessary to implement the San Francisco Bay Plan.
            ``(3) Delegation of authority; staffing.--The Administrator 
        shall delegate to the Director such authority and provide such 
        staff as may be necessary to carry out this section.
    ``(c) Annual Priority List.--
            ``(1) In general.--After providing public notice, the 
        Director shall annually compile a priority list, consistent 
        with the San Francisco Bay Plan, identifying and prioritizing 
        the projects, activities, and studies to be carried out with 
        amounts made available under subsection (e).
            ``(2) Inclusions.--The annual priority list compiled under 
        paragraph (1) shall include the following:
                    ``(A) Projects, activities, and studies, including 
                restoration projects and habitat improvement for fish, 
                waterfowl, and wildlife, that advance the goals and 
                objectives of the San Francisco Bay Plan, for--
                            ``(i) water quality improvement, including 
                        the reduction of marine litter;
                            ``(ii) wetland, riverine, and estuary 
                        restoration and protection;
                            ``(iii) nearshore and endangered species 
                        recovery; and
                            ``(iv) adaptation to climate change.
                    ``(B) Information on the projects, activities, and 
                studies specified under subparagraph (A), including--
                            ``(i) the identity of each entity receiving 
                        assistance pursuant to subsection (e); and
                            ``(ii) a description of the communities to 
                        be served.
                    ``(C) The criteria and methods established by the 
                Director for identification of projects, activities, 
                and studies to be included on the annual priority list.
            ``(3) Consultation.--In compiling the annual priority list 
        under paragraph (1), the Director shall consult with, and 
        consider the recommendations of--
                    ``(A) the Estuary Partnership;
                    ``(B) the State of California and affected local 
                governments in the San Francisco Bay estuary watershed;
                    ``(C) the San Francisco Bay Restoration Authority; 
                and
                    ``(D) any other relevant stakeholder involved with 
                the protection and restoration of the San Francisco Bay 
                estuary that the Director determines to be appropriate.
    ``(d) San Francisco Bay Plan.--
            ``(1) In general.--Not later than 5 years after the date of 
        enactment of this section, the Director, in conjunction with 
        the Estuary Partnership, shall review and revise the 
        comprehensive conservation and management plan approved under 
        section 320 for the San Francisco Bay estuary to develop a plan 
        to guide the projects, activities, and studies of the Office to 
        address the restoration and protection of the San Francisco 
        Bay.
            ``(2) Revision of san francisco bay plan.--Not less often 
        than once every 5 years after the date of the completion of the 
        plan described in paragraph (1), the Director shall review, and 
        revise as appropriate, the San Francisco Bay Plan.
            ``(3) Outreach.--In carrying out this subsection, the 
        Director shall consult with the Estuary Partnership and Indian 
        tribes and solicit input from other non-Federal stakeholders.
    ``(e) Grant Program.--
            ``(1) In general.--The Director may provide funding through 
        cooperative agreements, grants, or other means to State and 
        local agencies, special districts, and public or nonprofit 
        agencies, institutions, and organizations, including the 
        Estuary Partnership, for projects, activities, and studies 
        identified on the annual priority list compiled under 
        subsection (c).
            ``(2) Maximum amount of grants; non-federal share.--
                    ``(A) Maximum amount of grants.--Amounts provided 
                to any entity under this section for a fiscal year 
                shall not exceed an amount equal to 75 percent of the 
                total cost of any projects, activities, and studies 
                that are to be carried out using those amounts.
                    ``(B) Non-federal share.--Not less than 25 percent 
                of the cost of any project, activity, or study carried 
                out using amounts provided under this section shall be 
                provided from non-Federal sources.
    ``(f) Funding.--
            ``(1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $50,000,000 for 
        each of fiscal years 2021 through 2025.
            ``(2) Administrative expenses.--Of the amount made 
        available to carry out this section for a fiscal year, the 
        Director may not use more than 5 percent to pay administrative 
        expenses incurred in carrying out this section.
            ``(3) Prohibition.--No amounts made available under this 
        section may be used for the administration of a management 
        conference under section 320.
    ``(g) Annual Budget Plan.--In each of fiscal years 2021 through 
2025, the President, as part of the annual budget submission of the 
President to Congress under section 1105(a) of title 31, United States 
Code, shall submit information regarding each Federal department and 
agency involved in San Francisco Bay protection and restoration, 
including--
            ``(1) a report that displays for each Federal agency--
                    ``(A) the amounts obligated in the preceding fiscal 
                year for protection and restoration projects, 
                activities, and studies relating to the San Francisco 
                Bay; and
                    ``(B) the proposed budget for protection and 
                restoration projects, activities, and studies relating 
                to the San Francisco Bay; and
            ``(2) a description and assessment of the Federal role in 
        the implementation of the San Francisco Bay Plan and the 
        specific role of each Federal department and agency involved in 
        San Francisco Bay protection and restoration, including 
        specific projects, activities, and studies conducted or planned 
        to achieve the identified goals and objectives of the San 
        Francisco Bay Plan.''.

SEC. 22303. PUGET SOUND COORDINATED RECOVERY.

    Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251 
et seq.) is further amended by adding at the end the following:

``SEC. 125. PUGET SOUND.

    ``(a) Definitions.--In this section, the following definitions 
apply:
            ``(1) Coastal nonpoint pollution control program.--The term 
        `Coastal Nonpoint Pollution Control Program' means the State of 
        Washington's Coastal Nonpoint Pollution Control Program 
        approved by the Secretary of Commerce as required under section 
        6217 of the Coastal Zone Act Reauthorization Amendments of 
        1990.
            ``(2) Director.--The term `Director' means the Director of 
        the Program Office.
            ``(3) Federal action plan.--The term `Federal Action Plan' 
        means the plan developed under subsection (d)(2)(B).
            ``(4) International joint commission.--The term 
        `International Joint Commission' means the International Joint 
        Commission established by the United States and Canada under 
        the International Boundary Waters Treaty of 1909 (36 Stat. 
        2448).
            ``(5) Pacific salmon commission.--The term `Pacific Salmon 
        Commission' means the Pacific Salmon Commission established by 
        the United States and Canada under the Treaty between the 
        Government of the United States of America and the Government 
        of Canada Concerning Pacific Salmon, signed at Ottawa, January 
        28, 1985 (commonly known as the `Pacific Salmon Treaty').
            ``(6) Program office.--The term `Program Office' means the 
        Puget Sound Recovery National Program Office established by 
        subsection (c).
            ``(7) Puget sound action agenda; action agenda.--The term 
        `Puget Sound Action Agenda' or `Action Agenda' means the most 
        recent plan developed by the Puget Sound National Estuary 
        Program Management Conference, in consultation with the Puget 
        Sound Tribal Management Conference, and approved by the 
        Administrator as the comprehensive conservation and management 
        plan for Puget Sound under section 320.
            ``(8) Puget sound federal leadership task force.--The term 
        `Puget Sound Federal Leadership Task Force' means the Puget 
        Sound Federal Leadership Task Force established under 
        subsection (d).
            ``(9) Puget sound federal task force.--The term `Puget 
        Sound Federal Task Force' means the Puget Sound Federal Task 
        Force established in 2016 under a memorandum of understanding 
        among nine Federal agencies.
            ``(10) Puget sound national estuary program management 
        conference; management conference.--The term `Puget Sound 
        National Estuary Program Management Conference' or `Management 
        Conference' means the management conference for Puget Sound 
        convened pursuant to section 320.
            ``(11) Puget sound partnership.--The term `Puget Sound 
        Partnership' means the State agency that is established under 
        the laws of the State of Washington (section 90.71.210 of the 
        Revised Code of Washington), or its successor agency, that has 
        been designated by the Administrator as the lead entity to 
        support the Puget Sound National Estuary Program Management 
        Conference.
            ``(12) Puget sound region.--
                    ``(A) In general.--The term `Puget Sound region' 
                means the land and waters in the northwest corner of 
                the State of Washington from the Canadian border to the 
                north to the Pacific Ocean on the west, including Hood 
                Canal and the Strait of Juan de Fuca.
                    ``(B) Inclusion.--The term `Puget Sound region' 
                includes all of the water that falls on the Olympic and 
                Cascade Mountains and flows to meet Puget Sound's 
                marine waters.
            ``(13) Puget sound tribal management conference.--The term 
        `Puget Sound Tribal Management Conference' means the 20 treaty 
        Indian tribes of western Washington and the Northwest Indian 
        Fisheries Commission.
            ``(14) Salish sea.--The term `Salish Sea' means the network 
        of coastal waterways on the west coast of North America that 
        includes the Puget Sound, the Strait of Georgia, and the Strait 
        of Juan de Fuca.
            ``(15) Salmon recovery plans.--The term `Salmon Recovery 
        Plans' means the recovery plans for salmon and steelhead 
        species approved by the Secretary of the Interior under section 
        4(f) of the Endangered Species Act of 1973.
            ``(16) State advisory committee.--The term `State Advisory 
        Committee' means the advisory committee established by 
        subsection (e).
            ``(17) Treaty rights at risk initiative.--The term `Treaty 
        Rights at Risk Initiative' means the report from the treaty 
        Indian tribes of western Washington entitled `Treaty Rights at 
        Risk: Ongoing Habitat Loss, the Decline of the Salmon Resource, 
        and Recommendations for Change' and dated July 14, 2011, or its 
        successor report, which outlines issues and offers solutions 
        for the protection of Tribal treaty rights, recovery of salmon 
        habitat, and management of sustainable treaty and nontreaty 
        salmon fisheries, including through tribal salmon hatchery 
        programs.
    ``(b) Consistency.--All Federal agencies represented on the Puget 
Sound Federal Leadership Task Force shall act consistently with the 
protection of Tribal, treaty-reserved rights and, to the greatest 
extent practicable given such agencies' existing obligations under 
Federal law, act consistently with the objectives and priorities of the 
Action Agenda, Salmon Recovery Plans, the Treaty Rights at Risk 
Initiative, and the Coastal Nonpoint Pollution Control Program, when--
            ``(1) conducting Federal agency activities within or 
        outside Puget Sound that affect any land or water use or 
        natural resources of Puget Sound and its tributary waters, 
        including activities performed by a contractor for the benefit 
        of a Federal agency;
            ``(2) interpreting and enforcing regulations that impact 
        the restoration and protection of Puget Sound;
            ``(3) issuing Federal licenses or permits that impact the 
        restoration and protection of Puget Sound; and
            ``(4) granting Federal assistance to State, local, and 
        Tribal governments for activities related to the restoration 
        and protection of Puget Sound.
    ``(c) Puget Sound Recovery National Program Office.--
            ``(1) Establishment.--There is established in the 
        Environmental Protection Agency a Puget Sound Recovery National 
        Program Office to be located in the State of Washington.
            ``(2) Director.--
                    ``(A) In general.--The Director of the Program 
                Office shall be a career reserved position, as such 
                term is defined in section 3132(a)(8) of title 5, 
                United States Code.
                    ``(B) Qualifications.--The Director of the Program 
                Office shall have leadership and project management 
                experience and shall be highly qualified to--
                            ``(i) direct the integration of multiple 
                        project planning efforts and programs from 
                        different agencies and jurisdictions; and
                            ``(ii) align numerous, and often 
                        conflicting, needs toward implementing a shared 
                        Action Agenda with visible and measurable 
                        outcomes.
            ``(3) Delegation of authority; staffing.--Using amounts 
        made available pursuant to subsection (i), the Administrator 
        shall delegate to the Director such authority and provide such 
        staff as may be necessary to carry out this section.
            ``(4) Duties.--The Director shall--
                    ``(A) coordinate and manage the timely execution of 
                the requirements of this section, including the 
                formation and meetings of the Puget Sound Federal 
                Leadership Task Force;
                    ``(B) coordinate activities related to the 
                restoration and protection of Puget Sound across the 
                Environmental Protection Agency;
                    ``(C) coordinate and align the activities of the 
                Administrator with the Action Agenda, Salmon Recovery 
                Plans, the Treaty Rights at Risk Initiative, and the 
                Coastal Nonpoint Pollution Control Program;
                    ``(D) promote the efficient use of Environmental 
                Protection Agency resources in pursuit of Puget Sound 
                restoration and protection;
                    ``(E) serve on the Puget Sound Federal Leadership 
                Task Force and collaborate with, help coordinate, and 
                implement activities with other Federal agencies that 
                have responsibilities involving Puget Sound restoration 
                and protection;
                    ``(F) provide or procure such other advice, 
                technical assistance, research, assessments, 
                monitoring, or other support as is determined by the 
                Director to be necessary or prudent to most efficiently 
                and effectively fulfill the objectives and priorities 
                of the Action Agenda, Salmon Recovery Plans, the Treaty 
                Rights at Risk Initiative, and the Coastal Nonpoint 
                Pollution Control Program consistent with the best 
                available science and to ensure the health of the Puget 
                Sound ecosystem;
                    ``(G) track the progress of the Environmental 
                Protection Agency towards meeting the Agency's 
                specified objectives and priorities within the Action 
                Agenda and the Federal Action Plan;
                    ``(H) implement the recommendations of the 
                Comptroller General, set forth in the report entitled 
                `Puget Sound Restoration: Additional Actions Could 
                Improve Assessments of Progress' and dated July 19, 
                2018;
                    ``(I) serve as liaison and coordinate activities 
                for the restoration and protection of the Salish Sea, 
                with Canadian authorities, the Pacific Salmon 
                Commission, and the International Joint Commission; and
                    ``(J) carry out such additional duties as the 
                Administrator determines necessary and appropriate.
    ``(d) Puget Sound Federal Leadership Task Force.--
            ``(1) Establishment.--There is established a Puget Sound 
        Federal Leadership Task Force.
            ``(2) Duties.--
                    ``(A) General duties.--The Puget Sound Federal 
                Leadership Task Force shall--
                            ``(i) uphold Federal trust responsibilities 
                        to restore and protect resources crucial to 
                        Tribal treaty rights, including by carrying out 
                        government-to-government consultation with 
                        Indian tribes when requested by such tribes;
                            ``(ii) provide a venue for dialogue and 
                        coordination across all Federal agencies on the 
                        Puget Sound Federal Leadership Task Force to 
                        align Federal resources for the purposes of 
                        carrying out the requirements of this section 
                        and all other Federal laws that contribute to 
                        the restoration and protection of Puget Sound, 
                        including by--
                                    ``(I) enabling and encouraging the 
                                Federal agencies represented on the 
                                Puget Sound Federal Leadership Task 
                                Force to act consistently with the 
                                objectives and priorities of the Action 
                                Agenda, Salmon Recovery Plans, the 
                                Treaty Rights at Risk Initiative, and 
                                the Coastal Nonpoint Pollution Control 
                                Program;
                                    ``(II) facilitating the 
                                coordination of Federal activities that 
                                impact the restoration and protection 
                                of Puget Sound;
                                    ``(III) facilitating the delivery 
                                of feedback given by Federal agencies 
                                to the Puget Sound Partnership during 
                                the development of the Action Agenda;
                                    ``(IV) facilitating the resolution 
                                of interagency conflicts associated 
                                with the restoration and protection of 
                                Puget Sound among the agencies 
                                represented on the Puget Sound Federal 
                                Leadership Task Force;
                                    ``(V) providing a forum for 
                                exchanging information among agencies 
                                regarding activities being conducted, 
                                including obstacles or efficiencies 
                                found, during Puget Sound restoration 
                                and protection activities; and
                                    ``(VI) promoting the efficient use 
                                of government resources in pursuit of 
                                Puget Sound restoration and protection 
                                through coordination and collaboration, 
                                including by ensuring that the Federal 
                                efforts relating to the science 
                                necessary for restoration and 
                                protection of Puget Sound are 
                                consistent, and not duplicative, across 
                                the Federal Government;
                            ``(iii) catalyze public leaders at all 
                        levels to work together toward shared goals by 
                        demonstrating interagency best practices coming 
                        from the members of the Puget Sound Federal 
                        Leadership Task Force;
                            ``(iv) provide advice and support on 
                        scientific and technical issues and act as a 
                        forum for the exchange of scientific 
                        information about Puget Sound;
                            ``(v) identify and inventory Federal 
                        environmental research and monitoring programs 
                        related to Puget Sound, and provide such 
                        inventory to the Puget Sound National Estuary 
                        Program Management Conference;
                            ``(vi) ensure that Puget Sound restoration 
                        and protection activities are as consistent as 
                        practicable with ongoing restoration and 
                        protection and related efforts in the Salish 
                        Sea that are being conducted by Canadian 
                        authorities, the Pacific Salmon Commission, and 
                        the International Joint Commission;
                            ``(vii) establish any necessary working 
                        groups or advisory committees necessary to 
                        assist the Puget Sound Federal Leadership Task 
                        Force in its duties, including public policy 
                        and scientific issues;
                            ``(viii) raise national awareness of the 
                        significance of Puget Sound;
                            ``(ix) work with the Office of Management 
                        and Budget to give input on the crosscut budget 
                        under subsection (h); and
                            ``(x) submit a biennial report under 
                        subsection (g) on the progress made toward 
                        carrying out the Federal Action Plan.
                    ``(B) Puget sound federal action plan.--
                            ``(i) In general.--Not later than 5 years 
                        after the date of enactment of this section, 
                        the Puget Sound Federal Leadership Task Force 
                        shall develop and approve a Federal Action Plan 
                        that leverages Federal programs across agencies 
                        and serves to coordinate diverse programs on a 
                        specific suite of priorities on Puget Sound 
                        recovery.
                            ``(ii) Revision of puget sound federal 
                        action plan.--Not less often than once every 5 
                        years after the date of completion of the 
                        Federal Action Plan described in clause (i), 
                        the Puget Sound Federal Leadership Task Force 
                        shall review, and revise as appropriate, the 
                        Federal Action Plan.
                    ``(C) Feedback by federal agencies.--In 
                facilitating feedback under subparagraph (A)(ii)(III), 
                the Puget Sound Federal Leadership Task Force shall 
                request Federal agencies to consider, at a minimum, 
                possible Federal actions designed to--
                            ``(i) further the goals, targets, and 
                        actions of the Action Agenda, Salmon Recovery 
                        Plans, the Treaty Rights at Risk Initiative, 
                        and the Coastal Nonpoint Pollution Control 
                        Program;
                            ``(ii) implement and enforce this Act, the 
                        Endangered Species Act of 1973, and all other 
                        Federal laws that contribute to the restoration 
                        and protection of Puget Sound, including those 
                        that protect Tribal treaty rights;
                            ``(iii) prevent the introduction and spread 
                        of invasive species;
                            ``(iv) prevent the destruction of marine 
                        and wildlife habitats;
                            ``(v) protect, restore, and conserve 
                        forests, wetlands, riparian zones, and 
                        nearshore waters that provide marine and 
                        wildlife habitat;
                            ``(vi) promote resilience to climate change 
                        and ocean acidification effects;
                            ``(vii) conserve and recover endangered 
                        species under the Endangered Species Act of 
                        1973;
                            ``(viii) restore fisheries so that they are 
                        sustainable and productive;
                            ``(ix) preserve biodiversity;
                            ``(x) restore and protect ecosystem 
                        services that provide clean water, filter toxic 
                        chemicals, and increase ecosystem resilience; 
                        and
                            ``(xi) improve water quality and restore 
                        wildlife habitat, including by preventing and 
                        managing stormwater runoff, incorporating 
                        erosion control techniques and trash capture 
                        devices, using sustainable stormwater 
                        practices, and mitigating and minimizing 
                        nonpoint source pollution, including marine 
                        litter.
            ``(3) Participation of state advisory committee and puget 
        sound tribal management conference.--
                    ``(A) In general.--The Puget Sound Federal 
                Leadership Task Force shall carry out its duties with 
                input from, and in collaboration with, the State 
                Advisory Committee and Puget Sound Tribal Management 
                Conference.
                    ``(B) Specific advice and recommendations.--The 
                Puget Sound Federal Leadership Task Force shall seek 
                the advice and recommendations of the State Advisory 
                Committee and Puget Sound Tribal Management Conference 
                on the actions, progress, and issues pertaining to 
                restoration and protection of Puget Sound.
            ``(4) Membership.--
                    ``(A) Qualifications.--Members appointed under this 
                paragraph shall have experience and expertise in 
                matters of restoration and protection of large 
                watersheds and bodies of water or related experience 
                that will benefit the restoration and protection effort 
                of Puget Sound.
                    ``(B) Composition.--The Puget Sound Federal 
                Leadership Task Force shall be composed of the 
                following members:
                            ``(i) Secretary of agriculture.--The 
                        following individuals appointed by the 
                        Secretary of Agriculture:
                                    ``(I) A representative of the 
                                National Forest Service.
                                    ``(II) A representative of the 
                                Natural Resources Conservation Service.
                            ``(ii) Secretary of commerce.--A 
                        representative of the National Oceanic and 
                        Atmospheric Administration appointed by the 
                        Secretary of Commerce.
                            ``(iii) Secretary of defense.--The 
                        following individuals appointed by the 
                        Secretary of Defense:
                                    ``(I) A representative of the Corps 
                                of Engineers.
                                    ``(II) A representative of the 
                                Joint Base Lewis-McChord.
                                    ``(III) A representative of the 
                                Navy Region Northwest.
                            ``(iv) Director.--The Director of the 
                        Program Office.
                            ``(v) Secretary of homeland security.--The 
                        following individuals appointed by the 
                        Secretary of Homeland Security:
                                    ``(I) A representative of the Coast 
                                Guard.
                                    ``(II) A representative of the 
                                Federal Emergency Management Agency.
                            ``(vi) Secretary of the interior.--The 
                        following individuals appointed by the 
                        Secretary of the Interior:
                                    ``(I) A representative of the 
                                Bureau of Indian Affairs.
                                    ``(II) A representative of the 
                                United States Fish and Wildlife 
                                Service.
                                    ``(III) A representative of the 
                                United States Geological Survey.
                                    ``(IV) A representative of the 
                                National Park Service.
                            ``(vii) Secretary of transportation.--The 
                        following individuals appointed by the 
                        Secretary of Transportation:
                                    ``(I) A representative of the 
                                Federal Highway Administration.
                                    ``(II) A representative of the 
                                Federal Transit Administration.
                            ``(viii) Additional members.--
                        Representatives of such other agencies, 
                        programs, and initiatives as the Puget Sound 
                        Federal Leadership Task Force determines 
                        necessary.
            ``(5) Leadership.--The Co-Chairs shall ensure the Puget 
        Sound Federal Leadership Task Force completes its duties 
        through robust discussion of all relevant issues. The Co-Chairs 
        shall share leadership responsibilities equally.
            ``(6) Co-chairs.--The following members of the Puget Sound 
        Federal Leadership Task Force appointed under paragraph (5) 
        shall serve as Co-Chairs of the Puget Sound Federal Leadership 
        Task Force:
                    ``(A) The representative of the National Oceanic 
                and Atmospheric Administration.
                    ``(B) The representative of the Puget Sound 
                Recovery National Program Office.
                    ``(C) The representative of the Corps of Engineers.
            ``(7) Meetings.--
                    ``(A) Initial meeting.--The Puget Sound Federal 
                Leadership Task Force shall meet not later than 180 
                days after the date of enactment of this section--
                            ``(i) to determine if all Federal agencies 
                        are properly represented;
                            ``(ii) to establish the bylaws of the Puget 
                        Sound Federal Leadership Task Force;
                            ``(iii) to establish necessary working 
                        groups or committees; and
                            ``(iv) to determine subsequent meeting 
                        times, dates, and logistics.
                    ``(B) Subsequent meetings.--After the initial 
                meeting, the Puget Sound Federal Leadership Task Force 
                shall meet, at a minimum, twice per year to carry out 
                the duties of the Puget Sound Federal Leadership Task 
                Force.
                    ``(C) Working group meetings.--Meetings of any 
                established working groups or committees of the Puget 
                Sound Federal Leadership Task Force shall not be 
                considered a biannual meeting for purposes of 
                subparagraph (B).
                    ``(D) Joint meetings.--The Puget Sound Federal 
                Leadership Task Force shall offer to meet jointly with 
                the Puget Sound National Estuary Program Management 
                Conference and the Puget Sound Tribal Management 
                Conference, at a minimum, once per year. A joint 
                meeting under this subparagraph may be considered a 
                biannual meeting of the Puget Sound Federal Leadership 
                Task Force for purposes of subparagraph (B), if agreed 
                upon.
                    ``(E) Quorum.--A majority number of the members of 
                the Puget Sound Federal Leadership Task Force shall 
                constitute a quorum.
                    ``(F) Voting.--For the Puget Sound Federal 
                Leadership Task Force to pass a measure, a two-thirds 
                percentage of the quorum must vote in the affirmative.
            ``(8) Puget sound federal leadership task force procedures 
        and advice.--
                    ``(A) Advisors.--The Puget Sound Federal Leadership 
                Task Force, and any working group of the Puget Sound 
                Federal Leadership Task Force, may seek advice and 
                input from any interested, knowledgeable, or affected 
                party as the Puget Sound Federal Leadership Task Force 
                or working group, respectively, determines necessary to 
                perform its duties.
                    ``(B) Compensation.--A member of the Puget Sound 
                Federal Leadership Task Force shall receive no 
                additional compensation for service as a member on the 
                Puget Sound Federal Leadership Task Force.
                    ``(C) Travel expenses.--Travel expenses incurred by 
                a member of the Puget Sound Federal Leadership Task 
                Force in the performance of service on the Puget Sound 
                Federal Leadership Task Force may be paid by the agency 
                or department that the member represents.
            ``(9) Puget sound federal task force.--
                    ``(A) In general.--On the date of enactment of this 
                section, the 2016 memorandum of understanding 
                establishing the Puget Sound Federal Task Force shall 
                cease to be effective.
                    ``(B) Use of previous work.--The Puget Sound 
                Federal Leadership Task Force shall, to the extent 
                practicable, use the work product produced, relied 
                upon, and analyzed by the Puget Sound Federal Task 
                Force in order to avoid duplicating the efforts of the 
                Puget Sound Federal Task Force.
    ``(e) State Advisory Committee.--
            ``(1) Establishment.--There is established a State Advisory 
        Committee.
            ``(2) Membership.--The committee shall consist of up to 
        seven members designated by the governing body of the Puget 
        Sound Partnership, in consultation with the Governor of 
        Washington, who will represent Washington State agencies that 
        have significant roles and responsibilities related to Puget 
        Sound recovery.
    ``(f) Federal Advisory Committee Act.--The Puget Sound Federal 
Leadership Task Force, State Advisory Committee, and any working group 
of the Puget Sound Federal Leadership Task Force, shall not be 
considered an advisory committee under the Federal Advisory Committee 
Act (5 U.S.C. App.).
    ``(g) Puget Sound Federal Leadership Task Force Biennial Report on 
Puget Sound Recovery Activities.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, and biennially thereafter, the Puget 
        Sound Federal Leadership Task Force, in collaboration with the 
        Puget Sound Tribal Management Conference and the State Advisory 
        Committee, shall submit to the President, Congress, the 
        Governor of Washington, and the governing body of the Puget 
        Sound Partnership a report that summarizes the progress, 
        challenges, and milestones of the Puget Sound Federal 
        Leadership Task Force on the restoration and protection of 
        Puget Sound.
            ``(2) Contents.--The report under paragraph (1) shall 
        include a description of the following:
                    ``(A) The roles and progress of each State, local 
                government entity, and Federal agency that has 
                jurisdiction in the Puget Sound region toward meeting 
                the identified objectives and priorities of the Action 
                Agenda, Salmon Recovery Plans, the Treaty Rights at 
                Risk Initiative, and the Coastal Nonpoint Pollution 
                Control Program.
                    ``(B) If available, the roles and progress of 
                Tribal governments that have jurisdiction in the Puget 
                Sound region toward meeting the identified objectives 
                and priorities of the Action Agenda, Salmon Recovery 
                Plans, the Treaty Rights at Risk Initiative, and the 
                Coastal Nonpoint Pollution Control Program.
                    ``(C) A summary of specific recommendations 
                concerning implementation of the Action Agenda and 
                Federal Action Plan, including challenges, barriers, 
                and anticipated milestones, targets, and timelines.
                    ``(D) A summary of progress made by Federal 
                agencies toward the priorities identified in the 
                Federal Action Plan.
    ``(h) Crosscut Budget Report.--
            ``(1) Financial report.--Not later than 1 year after the 
        date of enactment of this section, and every 5 years 
        thereafter, the Director of the Office of Management and 
        Budget, in consultation with the Puget Sound Federal Leadership 
        Task Force, shall, in conjunction with the annual budget 
        submission of the President to Congress for the year under 
        section 1105(a) of title 31, United States Code, submit to 
        Congress and make available to the public, including on the 
        internet, a financial report that is certified by the head of 
        each agency represented by the Puget Sound Federal Leadership 
        Task Force.
            ``(2) Contents.--The report shall contain an interagency 
        crosscut budget relating to Puget Sound restoration and 
        protection activities that displays--
                    ``(A) the proposed funding for any Federal 
                restoration and protection activity to be carried out 
                in the succeeding fiscal year, including any planned 
                interagency or intra-agency transfer, for each of the 
                Federal agencies that carry out restoration and 
                protection activities;
                    ``(B) the estimated expenditures for Federal 
                restoration and protection activities from the 
                preceding 2 fiscal years, the current fiscal year, and 
                the succeeding fiscal year; and
                    ``(C) the estimated expenditures for Federal 
                environmental research and monitoring programs from the 
                preceding 2 fiscal years, the current fiscal year, and 
                the succeeding fiscal year.
            ``(3) Included recovery activities.--With respect to 
        activities described in the report, the report shall only 
        describe activities that have funding amounts more than 
        $100,000.
            ``(4) Submission to congress.--The Director of the Office 
        of Management and Budget shall submit the report to--
                    ``(A) the Committee on Appropriations, the 
                Committee on Natural Resources, the Committee on Energy 
                and Commerce, and the Committee on Transportation and 
                Infrastructure of the House of Representatives; and
                    ``(B) the Committee on Appropriations, the 
                Committee on Environment and Public Works, and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate.
    ``(i) Authorization of Appropriations.--In addition to any other 
funds authorized to be appropriated for activities related to Puget 
Sound, there is authorized to be appropriated to carry out this section 
$50,000,000 for each of fiscal years 2021 through 2025.
    ``(j) Preservation of Treaty Obligations and Existing Federal 
Status.--
            ``(1) Tribal treaty rights.--Nothing in this section 
        affects, or is intended to affect, any right reserved by treaty 
        between the United States and one or more Indian tribes.
            ``(2) Other federal law.--Nothing in this section affects 
        the requirements and procedures of other Federal law.
    ``(k) Consistency.--Actions authorized or implemented under this 
section shall be consistent with--
            ``(1) the Endangered Species Act of 1973 and the Salmon 
        Recovery Plans of the State of Washington;
            ``(2) the Coastal Zone Management Act of 1972 and the 
        Coastal Nonpoint Pollution Control Program;
            ``(3) the water quality standards of the State of 
        Washington approved by the Administrator under section 303; and
            ``(4) other applicable Federal requirements.''.

SEC. 22304. GREAT LAKES RESTORATION INITIATIVE REAUTHORIZATION.

    Section 118(c)(7)(J)(i) of the Federal Water Pollution Control Act 
(33 U.S.C. 1268(c)(7)(J)(i)) is amended--
            (1) by striking ``is authorized'' and inserting ``are 
        authorized'';
            (2) by striking the period at the end and inserting a 
        semicolon;
            (3) by striking ``this paragraph $300,000,000'' and 
        inserting the following: ``this paragraph--
                                    ``(I) $300,000,000''; and
            (4) by adding at the end the following:
                                    ``(II) $375,000,000 for fiscal year 
                                2022;
                                    ``(III) $400,000,000 for fiscal 
                                year 2023;
                                    ``(IV) $425,000,000 for fiscal year 
                                2024;
                                    ``(V) $450,000,000 for fiscal year 
                                2025; and
                                    ``(VI) $475,000,000 for fiscal year 
                                2026.''.

SEC. 22305. NATIONAL ESTUARY PROGRAM REAUTHORIZATION.

    (a) Management Conference.--Section 320(a)(2)(B) of the Federal 
Water Pollution Control Act (33 U.S.C. 1330(a)(2)(B)) is amended by 
striking ``and Peconic Bay, New York'' and inserting ``Peconic Bay, New 
York; Casco Bay, Maine; Tampa Bay, Florida; Coastal Bend, Texas; San 
Juan Bay, Puerto Rico; Tillamook Bay, Oregon; Piscataqua Region, New 
Hampshire; Barnegat Bay, New Jersey; Maryland Coastal Bays, Maryland; 
Charlotte Harbor, Florida; Mobile Bay, Alabama; Morro Bay, California; 
and Lower Columbia River, Oregon and Washington''.
    (b) Purposes of Conference.--Section 320(b)(4) of the Federal Water 
Pollution Control Act (33 U.S.C. 1330(b)(4)) is amended--
            (1) by striking ``management plan that recommends'' and 
        inserting ``management plan that--
                    ``(A) recommends''; and
            (2) by adding at the end the following:
                    ``(B) addresses the effects of recurring extreme 
                weather events on the estuary, including the 
                identification and assessment of vulnerabilities in the 
                estuary and the development and implementation of 
                adaptation strategies; and
                    ``(C) increases public education and awareness of 
                the ecological health and water quality conditions of 
                the estuary;''.
    (c) Members of Conference.--Section 320(c)(5) of the Federal Water 
Pollution Control Act (33 U.S.C. 1330(c)(5)) is amended by inserting 
``nonprofit organizations,'' after ``educational institutions,''.
    (d) Grants.--Section 320(g)(4)(C) of the Federal Water Pollution 
Control Act (33 U.S.C. 1330(g)(4)(C)) is amended--
            (1) in the matter preceding clause (i)--
                    (A) by inserting ``, emerging,'' after ``urgent''; 
                and
                    (B) by striking ``coastal areas'' and inserting 
                ``the estuaries selected by the Administrator under 
                subsection (a)(2), or that relate to the coastal 
                resiliency of such estuaries'';
            (2) by redesignating clauses (vi) and (vii) as clauses 
        (viii) and (ix), respectively, and inserting after clause (v) 
        the following:
                            ``(vi) stormwater runoff;
                            ``(vii) accelerated land loss;''; and
            (3) in clause (viii), as so redesignated, by inserting ``, 
        extreme weather,'' after ``sea level rise''.
    (e) Authorization of Appropriations.--Section 320(i)(1) of the 
Federal Water Pollution Control Act (33 U.S.C. 1330(i)(1)) is amended 
by inserting ``, and $50,000,000 for each of fiscal years 2022 through 
2026,'' after ``2021''.

SEC. 22306. LAKE PONTCHARTRAIN BASIN RESTORATION PROGRAM 
              REAUTHORIZATION.

    (a) Review of Comprehensive Management Plan.--Section 121 of the 
Federal Water Pollution Control Act (33 U.S.C. 1273) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (5), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (6), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(7) ensure that the comprehensive conservation and 
        management plan approved for the Basin under section 320 is 
        reviewed and revised in accordance with section 320 not less 
        often than once every 5 years, beginning on the date of 
        enactment of this paragraph.''; and
            (2) in subsection (d), by striking ``recommended by a 
        management conference convened for the Basin under section 
        320'' and inserting ``identified in the comprehensive 
        conservation and management plan approved for the Basin under 
        section 320''.
    (b) Definitions.--Section 121(e)(1) of the Federal Water Pollution 
Control Act (33 U.S.C. 1273(e)(1)) is amended by striking ``, a 5,000 
square mile''.
    (c) Authorization of Appropriations.--Section 121(f) of the Federal 
Water Pollution Control Act (33 U.S.C. 1273(f)) is amended--
            (1) in paragraph (1), by striking ``2001 through 2012 and 
        the amount appropriated for fiscal year 2009 for each of fiscal 
        years 2013 through 2017'' and inserting ``2021 through 2025''; 
        and
            (2) by adding at the end the following:
            ``(3) Administrative expenses.--The Administrator may use 
        for administrative expenses not more than 5 percent of the 
        amounts appropriated to carry out this section.''.

SEC. 22307. LONG ISLAND SOUND PROGRAM REAUTHORIZATION.

    Section 119(h) of the Federal Water Pollution Control Act (33 
U.S.C. 1269(h)) is amended by striking ``2023'' and inserting ``2025''.

SEC. 22308. COLUMBIA RIVER BASIN RESTORATION PROGRAM REAUTHORIZATION.

    Section 123(d)(6) of the Federal Water Pollution Control Act (33 
U.S.C. 1275(d)(6)) is amended by striking ``2021'' and inserting 
``2025''.

               TITLE III--RESILIENCE REVOLVING LOAN FUND

SEC. 23001. SHORT TITLE.

    This title may be cited as the ``Resilience Revolving Loan Fund Act 
of 2020''.

SEC. 23002. GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION 
              REVOLVING LOAN FUNDS.

    Title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.) is amended by adding at the end 
the following:

``SEC. 205 GRANTS TO ENTITIES FOR ESTABLISHMENT OF HAZARD MITIGATION 
              REVOLVING LOAN FUNDS.

    ``(a) General Authority.--
            ``(1) In general.--The Administrator may enter into 
        agreements with eligible entities to make capitalization grants 
        to such entities for the establishment of hazard mitigation 
        revolving loan funds (referred to in this section as `entity 
        loan funds') for providing funding assistance to local 
        governments to carry out eligible projects under this section 
        to reduce disaster risks for homeowners, businesses, nonprofit 
        organizations, and communities in order to decrease--
                    ``(A) the loss of life and property;
                    ``(B) the cost of insurance claims; and
                    ``(C) Federal disaster payments.
            ``(2) Agreements.--Any agreement entered into under this 
        section shall require the participating entity to--
                    ``(A) comply with the requirements of this section; 
                and
                    ``(B) use accounting, audit, and fiscal procedures 
                conforming to generally accepted accounting standards.
    ``(b) Application.--
            ``(1) In general.--To be eligible to receive a 
        capitalization grant under this section, an eligible entity 
        shall submit to the Administrator an application that includes 
        the following:
                    ``(A) Project proposals comprised of local 
                government hazard mitigation projects, on the condition 
                that the entity provides public notice not less than 6 
                weeks prior to the submission of an application.
                    ``(B) An assessment of recurring major disaster 
                vulnerabilities impacting the entity that demonstrates 
                an escalating risk to life and property.
                    ``(C) A description of how the hazard mitigation 
                plan of the entity has or has not taken the 
                vulnerabilities described in paragraph (2) into 
                account.
                    ``(D) A description about how the projects 
                described in paragraph (1) could conform with the 
                hazard mitigation plans of the entity and local 
                governments.
                    ``(E) A proposal of the systematic and regional 
                approach to achieve resilience in a vulnerable area, 
                including impacts to river basins, river corridors, 
                watersheds, estuaries, bays, coastal regions, micro-
                basins, micro-watersheds, ecosystems, and areas at risk 
                of earthquakes, tsunamis, droughts, and wildfires, 
                including the wildland-urban interface.
            ``(2) Technical assistance.--The Administrator shall 
        provide technical assistance to eligible entities for 
        applications under this section.
    ``(c) Entity Loan Fund.--
            ``(1) Establishment of fund.--An entity that receives a 
        capitalization grant under this section shall establish an 
        entity loan fund that complies with the requirements of this 
        subsection.
            ``(2) Fund management.--Except as provided in paragraph 
        (3), an entity loan fund shall be administered by the agency 
        responsible for emergency management for such entity and shall 
        include only--
                    ``(A) funds provided by a capitalization grant 
                under this section;
                    ``(B) repayments of loans under this section to the 
                entity loan fund; and
                    ``(C) interest earned on amounts in the entity loan 
                fund.
            ``(3) Administration.--A participating entity may combine 
        the financial administration of the entity loan fund of such 
        entity with the financial administration of any other revolving 
        fund established by such entity if the Administrator determines 
        that--
                    ``(A) the capitalization grant, entity share, 
                repayments of loans, and interest earned on amounts in 
                the entity loan fund are accounted for separately from 
                other amounts in the revolving fund; and
                    ``(B) the authority to establish assistance 
                priorities and carry out oversight activities remains 
                in the control of the agency responsible for emergency 
                management for the entity.
            ``(4) Entity share of funds.--On or before the date on 
        which a participating entity receives a capitalization grant 
        under this section, the entity shall deposit into the entity 
        loan fund of such entity, an amount equal to not less than 10 
        percent of the amount of the capitalization grant.
    ``(d) Apportionment.--
            ``(1) In general.--Except as otherwise provided by this 
        subsection, the Administrator shall apportion funds made 
        available to carry out this section to entities that have 
        entered into an agreement under subsection (a)(2) in amounts as 
        determined by the Administrator.
            ``(2) Reservation of funds.--The Administrator shall 
        reserve not more than 2.5 percent of the amount made available 
        to carry out this section for--
                    ``(A) administrative costs incurred in carrying out 
                this section; and
                    ``(B) providing technical assistance to 
                participating entities under subsection (b)(2).
            ``(3) Priority.--In the apportionment of capitalization 
        grants under this subsection, the Administrator shall give 
        priority to entity applications under subsection (b) that--
                    ``(A) propose projects increasing resilience and 
                reducing risk of harm to natural and built 
                infrastructure;
                    ``(B) involve a partnership between two or more 
                eligible entities to carry out a project or similar 
                projects;
                    ``(C) take into account regional impacts of hazards 
                on river basins, river corridors, micro-watersheds, 
                macro-watersheds, estuaries, bays, coastal regions, and 
                areas vulnerable to earthquake, drought, tsunamis and 
                wildfire, including the wildland-urban interface; or
                    ``(D) propose projects for the resilience of major 
                economic sectors or critical national infrastructure, 
                including ports, global commodity supply chain assets 
                (located within an entity or within the jurisdiction of 
                local governments and tribal governments), capacity, 
                power and water production and distribution centers, 
                and bridges and waterways essential to interstate 
                commerce.
    ``(e) Use of Funds.--
            ``(1) Types of assistance.--Amounts deposited in an entity 
        loan fund, including loan repayments and interest earned on 
        such amounts, may be used--
                    ``(A) to make loans, on the condition that--
                            ``(i) such loans are made at an interest 
                        rate of not more than 1.5 percent;
                            ``(ii) annual principal and interest 
                        payments will commence not later than 1 year 
                        after completion of any project and all loans 
                        will be fully amortized--
                                    ``(I) not later than 20 years after 
                                the date on which the project is 
                                completed; or
                                    ``(II) for projects in a low-income 
                                geographic area, not later than 30 
                                years after the date on which the 
                                projects is completed and not longer 
                                than the expected design life of the 
                                project;
                            ``(iii) the local government receiving a 
                        loan establishes a dedicated source of revenue 
                        for repayment of the loan;
                            ``(iv) the local government receiving a 
                        loan has a hazard mitigation plan that has been 
                        approved by the participating entity; and
                            ``(v) the entity loan fund will be credited 
                        with all payments of principal and interest on 
                        all loans;
                    ``(B) for mitigation planning, not to exceed 10 
                percent of the capitalization grants made to the 
                participating entity in a fiscal year;
                    ``(C) for the reasonable costs of administering the 
                fund and conducting activities under this section, 
                except that such amounts shall not exceed $100,000 per 
                year, 2 percent of the capitalization grants made to 
                the participating entity in a fiscal year, or 1 percent 
                of the value of the entity loan fund, whichever amount 
                is greatest, plus the amount of any fees collected by 
                the entity for such purpose regardless of the source; 
                and
                    ``(D) to earn interest on the entity loan fund.
            ``(2) Prohibition on determination that loan is a 
        duplication.--In carrying out this section, Administrator may 
        not determine that a loan is a duplication of assistance or a 
        duplication of programs.
            ``(3) Projects and activities eligible for assistance.--
        Except as provided in this subsection, a participating entity 
        may use funds in the entity loan fund to provide financial 
        assistance for projects or activities that mitigate the impacts 
        of hazards, including--
                    ``(A) drought and prolonged episodes of intense 
                heat;
                    ``(B) severe storms, including tornados, wind 
                storms, cyclones, and severe winter storms;
                    ``(C) wildfires;
                    ``(D) earthquakes;
                    ``(E) flooding, including the construction, repair, 
                or replacement of a non-Federal levee or other flood 
                control structure, provided the Administrator, in 
                consultation with the Corps of Engineers (if 
                appropriate), requires an eligible entity to determine 
                that such levee or structure is designed, constructed, 
                and maintained in accordance with sound engineering 
                practices and standards equivalent to the purpose for 
                which such levee or structure is intended;
                    ``(F) storm surges;
                    ``(G) chemical spills that present an imminent 
                threat to life and property;
                    ``(H) seepage resulting from chemical spills and 
                flooding; and
                    ``(I) any catastrophic event that the entity 
                determines appropriate.
            ``(4) Zoning and land use planning changes.--A 
        participating entity may use not more than 10 percent of the 
        entity loan fund in a fiscal year to provide financial 
        assistance for zoning and land use planning changes focused 
        on--
                    ``(A) the development and improvement of zoning and 
                land use codes that incentivize and encourage low-
                impact development, resilient wildland-urban interface 
                land management and development, natural 
                infrastructure, green stormwater management, 
                conservation areas adjacent to floodplains, 
                implementation of watershed or greenway master plans, 
                and reconnection of floodplains;
                    ``(B) the study and creation of land use incentives 
                that reward developers for greater reliance on low 
                impact development stormwater best management 
                practices, exchange density increases for increased 
                open space and improvement of neighborhood catch basins 
                to mitigate urban flooding, reward developers for 
                including and augmenting natural infrastructure 
                adjacent to and around building projects without 
                reliance on increased sprawl, and reward developers for 
                addressing wildfire ignition; and
                    ``(C) the study and creation of an erosion response 
                plan that accommodates river, lake, forest, plains, and 
                ocean shoreline retreating or bluff stabilization due 
                to increased flooding and disaster impacts.
            ``(5) Administrative and technical costs.--For each fiscal 
        year, a participating entity may use the amount described in 
        paragraph (1)(C) to--
                    ``(A) pay the reasonable costs of administering the 
                programs under this section, including the cost of 
                establishing an entity loan fund;
                    ``(B) provide technical assistance to recipients of 
                financial assistance from the entity loan fund, on the 
                condition that such technical assistance does not 
                exceed 5 percent of the capitalization grant made to 
                such entity.
            ``(6) Limitation for single projects.--A participating 
        entity may not provide an amount equal to or more than 
        $5,000,000 to a single hazard mitigation project.
            ``(7) Requirements.--For fiscal year 2020 and each fiscal 
        year thereafter, the requirements of subchapter IV of chapter 
        31 of title 40, United States Code, shall apply to the 
        construction of projects carried out in whole or in part with 
        assistance made available by an entity loan fund authorized by 
        this section.
    ``(f) Intended Use Plans.--
            ``(1) In general.--After providing for public comment and 
        review, and consultation with appropriate agencies in an 
        entity, Federal agencies, and interest groups, each 
        participating entity shall annually prepare and submit to the 
        Administrator a plan identifying the intended uses of the 
        entity loan fund.
            ``(2) Contents of plan.--An entity intended use plan 
        prepared under paragraph (1) shall include--
                    ``(A) the integration of entity planning efforts, 
                including entity hazard mitigation plans and other 
                programs and initiatives relating to mitigation of 
                major disasters carried out by such entity;
                    ``(B) an explanation of the mitigation and 
                resiliency benefits the entity intends to achieve by--
                            ``(i) reducing future damage and loss 
                        associated with hazards;
                            ``(ii) reducing the number of severe 
                        repetitive loss structures and repetitive loss 
                        structures in the entity;
                            ``(iii) decreasing the number of insurance 
                        claims in the entity from injuries resulting 
                        from major disasters or other hazards; and
                            ``(iv) increasing the rating under the 
                        community rating system under section 1315(b) 
                        of the Housing and Urban Development Act of 
                        1968 (42 U.S.C. 4022(b)) for communities in the 
                        entity;
                    ``(C) information on the availability of, and 
                application process for, financial assistance from the 
                entity loan fund of such entity;
                    ``(D) the criteria and methods established for the 
                distribution of funds;
                    ``(E) the amount of financial assistance that the 
                entity anticipates apportioning;
                    ``(F) the expected terms of the assistance provided 
                from the entity loan fund; and
                    ``(G) a description of the financial status of the 
                entity loan fund, including short-term and long-term 
                goals for the fund.
    ``(g) Audits, Reports, Publications, and Oversight.--
            ``(1) Biennial entity audit and report.--Beginning not 
        later than the last day of the second fiscal year after the 
        receipt of payments under this section, and biennially 
        thereafter, any participating entity shall--
                    ``(A) conduct an audit of such fund established 
                under subsection (b); and
                    ``(B) provide to the Administrator a report 
                including--
                            ``(i) the result of any such audit; and
                            ``(ii) a review of the effectiveness of the 
                        entity loan fund of the entity with respect to 
                        meeting the goals and intended benefits 
                        described in the intended use plan submitted by 
                        the entity under subsection (e).
            ``(2) Publication.--A participating entity shall publish 
        and periodically update information about all projects 
        receiving funding from the entity loan fund of such entity, 
        including--
                    ``(A) the location of the project;
                    ``(B) the type and amount of assistance provided 
                from the entity loan fund;
                    ``(C) the expected funding schedule; and
                    ``(D) the anticipated date of completion of the 
                project.
            ``(3) Oversight.--
                    ``(A) In general.--The Administrator shall, at 
                least every 4 years, conduct reviews and audits as may 
                be determined necessary or appropriate by the 
                Administrator to carry out the objectives of this 
                section and determine the effectiveness of the fund in 
                reducing hazard risk.
                    ``(B) GAO requirements.--The entity shall conduct 
                audits under paragraph (1) in accordance with the 
                auditing procedures of the Government Accountability 
                Office, including chapter 75 of title 31.
                    ``(C) Recommendations by administrator.--The 
                Administrator may at any time make recommendations for 
                or require specific changes to an entity's loan fund in 
                order to improve the effectiveness of the fund.
    ``(h) Regulations or Guidance.--The Administrator shall issue such 
regulations or guidance as are necessary to--
            ``(1) ensure that each participating entity uses funds as 
        efficiently as possible; and
            ``(2) reduce waste, fraud, and abuse to the maximum extent 
        possible.
    ``(i) Waiver Authority.--Until such time as the Administrator 
issues regulations to implement this section, the Administrator may--
            ``(1) waive notice and comment rulemaking, if the 
        Administrator determines the waiver is necessary to 
        expeditiously implement this section; and
            ``(2) provide capitalization grants under this section as a 
        pilot program.
    ``(j) Definitions.--In this section, the following definitions 
apply:
            ``(1) Eligible entity.--The term `eligible entity' means a 
        State or an Indian tribal government (as such terms are defined 
        in section 102 of this Act (42 U.S.C. 5122)).
            ``(2) Hazard mitigation plan.--The term `hazard mitigation 
        plan' means a mitigation plan submitted under section 322 and 
        approved by the Administrator.
            ``(3) Low-income geographic area.--The term `low-income 
        geographic area' means an area described in paragraph (1) or 
        (2) of section 301(a) of the Public Works and Economic 
        Development Act of 1965 (42 U.S.C. 3161(a)).
            ``(4) Participating entity.--The term `participating 
        entity' means an eligible entity that has entered into an 
        agreement under this section.
            ``(5) Repetitive loss structure.--The term `repetitive loss 
        structure' has the meaning given the term in section 1370 of 
        the National Flood Insurance Act (42 U.S.C. 4121).
            ``(6) Severe repetitive loss structure.--The term `severe 
        repetitive loss structure' has the meaning given the term in 
        section 1366(h) of the National Flood Insurance Act (42 U.S.C. 
        4104c(h).
            ``(7) Wildland-urban interface.--The term `wildland-urban 
        interface' has the meaning given the term in section 101 of the 
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
    ``(k) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2021 and 2022.''.

                        TITLE IV--SPORTS FISHING

SEC. 24001. SHORT TITLE.

    This title may be cited as the ``Sport Fish Restoration, 
Recreational Boating Safety, and Wildlife Restoration Act of 2020''.

SEC. 24002. DIVISION OF ANNUAL APPROPRIATIONS.

    (a) In General.--Section 4 of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777c) is amended--
            (1) in subsection (a), by striking ``2021'' and inserting 
        ``2025'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``2021'' and inserting ``2025''; and
                            (ii) by amending subparagraph (B) to read 
                        as follows--
                    ``(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                            ``(i) for fiscal year 2021, $12,625,419; 
                        and
                            ``(ii) for fiscal year 2022 and each fiscal 
                        year thereafter, the sum of--
                                    ``(I) the available amount for the 
                                preceding fiscal year; and
                                    ``(II) the amount determined by 
                                multiplying--
                                            ``(aa) the available amount 
                                        for the preceding fiscal year; 
                                        and
                                            ``(bb) the change, relative 
                                        to the preceding fiscal year, 
                                        in the Consumer Price Index for 
                                        All Urban Consumers published 
                                        by the Department of Labor.''; 
                                        and
                    (B) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``2016 
                        through 2021'' and inserting ``2022 through 
                        2025''; and
                            (ii) by amending subparagraph (B) to read 
                        as follows--
                    ``(B) Available amounts.--The available amount 
                referred to in subparagraph (A) is--
                            ``(i) for fiscal year 2021, $8,988,700; and
                            ``(ii) for fiscal year 2022 and each fiscal 
                        year thereafter, the sum of--
                                    ``(I) the available amount for the 
                                preceding fiscal year; and
                                    ``(II) the amount determined by 
                                multiplying--
                                            ``(aa) the available amount 
                                        for the preceding fiscal year; 
                                        and
                                            ``(bb) the change, relative 
                                        to the preceding fiscal year, 
                                        in the Consumer Price Index for 
                                        All Urban Consumers published 
                                        by the Department of Labor.''; 
                                        and
            (3) in subsection (e)(2), by striking ``$900,000'' and 
        inserting ``$1,300,000''.
    (b) Administration.--Section 9(a) of the Dingell-Johnson Sport Fish 
Restoration Act (16 U.S.C. 777h(a)) is amended--
            (1) in paragraph (1), by striking ``on a full-time basis'';
            (2) by striking paragraph (2) and redesignating paragraphs 
        (3) through (12) as paragraphs (2) through (11), respectively;
            (3) by striking ``paragraphs (1) and (2)'' and inserting 
        ``paragraph (1)'' each place it appears;
            (4) in paragraph (4)(B), as so redesignated, by striking 
        ``full-time equivalent''; and
            (5) in paragraph (8)(A), as so redesignated, by striking 
        ``on a full-time basis''.
    (c) Other Activities.--Section 14(e) of the Dingell-Johnson Sport 
Fish Restoration Act (16 U.S.C. 777m(e)) is amended by adding at the 
end the following:
            ``(3) A portion, as determined by the Sport Fishing and 
        Boating Partnership Council, of funds disbursed for the 
        purposes described in paragraph (2) but remaining unobligated 
        prior to fiscal year 2020 shall be used to study--
                    ``(A) the impact of derelict recreational vessels 
                on recreational boating safety and recreational 
                fishing; and
                    ``(B) identify options and methods for recycling 
                for recreational vessels.''.

SEC. 24003. RECREATIONAL BOATING ACCESS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on recreational boating access. In carrying out such 
study, the Comptroller General shall consult with the Sport Fishing and 
Boating Partnership Council and the National Boating Safety Advisory 
Council on the design, scope, and priorities of such study.
    (b) Contents.--To the extent practicable, the study required under 
subsection (a) shall contain a description of--
            (1) the use of nonmotorized vessels in each State and how 
        the increased use of nonmotorized vessels is impacting 
        motorized and nonmotorized vessel access to waterway entry 
        points;
            (2) recreational fishing and boating user conflicts 
        concerning motorized and nonmotorized vessels at waterway 
        access points; and
            (3) the use of funds provided under the Dingell-Johnson 
        Sport Fish Restoration Act (16 U.S.C. 777 et seq.) for--
                    (A) the sport fish restoration program to improve 
                nonmotorized vessel access at waterway entry points and 
                the reasons for providing such access; and
                    (B) the Recreational Boating Safety Program funds 
                for nonmotorized boating safety programs.
    (c) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Sport Fishing and 
Boating Partnership Council, the Committees on Natural Resources and 
Transportation and Infrastructure of the House of Representatives, and 
the Committees on Commerce, Science, and Transportation and Environment 
and Public Works of the Senate a report containing the study required 
under this section.
    (d) State Defined.--In this section, the term ``State'' means any 
State, the District of Columbia, the Commonwealths of Puerto Rico and 
the Northern Mariana Islands, and the territories of Guam, the U.S. 
Virgin Islands, and American Samoa.

SEC. 24004. WILDLIFE RESTORATION FUND ADMINISTRATION.

    (a) Allocation and Apportionment of Available Amounts.--Section 4 
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c), is 
amended--
            (1) in subsection (a)(1)(B)--
                    (A) in clause (i) by striking ``for each of fiscal 
                years 2001 and 2002, $9,000,000;'' and inserting the 
                following: ``for fiscal year 2021, the sum of--
                                    ``(I) the amount made available 
                                under this paragraph for the previous 
                                fiscal year adjusted to reflect the 
                                change in the Consumer Price Index for 
                                All Urban Consumers relative to such 
                                previous fiscal year; and
                                    ``(II) $979,500; and'';
                    (B) by striking clause (ii) and redesignating 
                clause (iii) as clause (ii); and
                    (C) in clause (ii), as so redesignated, by striking 
                ``fiscal year 2004''; and
            (2) in subsection (a)(2) by striking ``the end of the 
        fiscal year'' and inserting ``the end of the subsequent fiscal 
        year''.
    (b) Authorized Expenses for Administration.--Section 9(a) of the 
Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(a)) is 
amended--
            (1) in paragraph (1) by striking ``who directly administer 
        this Act on a full-time basis'' and inserting ``for the work 
        hours such employees spend directly administering this Act, as 
        such hours are certified by the supervisor of the employee'';
            (2) by striking ``paragraphs (1) and (2)'' and inserting 
        ``paragraph (1)'' each place it appears;
            (3) by striking paragraph (2) and redesignating paragraphs 
        (3) through (12) as paragraphs (2) through (11), respectively; 
        and
            (4) in paragraph (10), as so redesignated--
                    (A) by inserting ``or part-time'' after ``on a 
                full-time''; and
                    (B) by striking ``expenses are incurred'' and 
                inserting ``expenses are incurred, provided that the 
                percentage of relocation expenses paid such amounts do 
                not exceed the percentage of work hours the member of 
                personnel spends administering this chapter''.

SEC. 24005. SPORT FISH RESTORATION AND BOATING TRUST FUND.

    Section 13107(c)(2) of title 46, United States Code, is amended by 
striking ``No funds available'' and inserting ``On or after October 1, 
2023 no funds available,''.

                      TITLE V--CLIMATE SMART PORTS

SEC. 25001. SHORT TITLE.

    This title may be cited as the ``Climate Smart Ports Act''.

SEC. 25002. CLIMATE SMART PORTS GRANT PROGRAM.

    (a) Establishment of Program.--Section 50302 of title 46, United 
States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Climate Smart Ports Grant Program.--
            ``(1) Establishment.--Not later than 6 months after the 
        date of enactment of the Climate Smart Ports Act, the Secretary 
        shall establish a program to award grants to eligible entities 
        to purchase, and as applicable install, zero emissions port 
        equipment and technology.
            ``(2) Procedural safeguards.--The Secretary shall issue 
        guidelines to establish appropriate accounting, reporting, and 
        review procedures to ensure that--
                    ``(A) grant funds are used for the purposes for 
                which those funds were made available;
                    ``(B) each grantee properly accounts for all 
                expenditures of grant funds; and
                    ``(C) grant funds not used for such purposes and 
                amounts not obligated or expended are returned.
            ``(3) Grant conditions.--
                    ``(A) In general.--The Secretary shall require as a 
                condition of making a grant under this subsection that 
                a grantee--
                            ``(i) maintain such records as the 
                        Secretary considers necessary;
                            ``(ii) make the records described in clause 
                        (i) available for review and audit by the 
                        Secretary; and
                            ``(iii) periodically report to the 
                        Secretary such information as the Secretary 
                        considers necessary to assess progress.
                    ``(B) Requirement.--The Secretary shall require 
                recipients of assistance under this subsection (d) to 
                comply with section 113(a) of title 23 with respect to 
                all construction, alteration, installation, or repair 
                work, in the same manner that recipients of assistance 
                under chapter 1 of such title are required to comply 
                with such section for construction work performed on 
                highway projects on Federal-aid highways. With regard 
                to the construction, alteration, or repair of vessels, 
                the same requirements of such section shall apply 
                regardless of whether the location of contract 
                performance is known when bids for such work are 
                solicited.
            ``(4) Prohibited use.--
                    ``(A) In general.--An eligible entity may not use a 
                grant awarded under this subsection to purchase or 
                install fully automated cargo handling equipment or 
                terminal infrastructure that is designed for fully 
                automated cargo handling equipment.
                    ``(B) Human-operated zero emissions port equipment 
                and technology.--Nothing in subparagraph (A) prohibits 
                an eligible entity from using a grant awarded under 
                this subsection to purchase human-operated zero 
                emissions port equipment and technology or 
                infrastructure that supports such human-operated zero 
                emissions port equipment and technology.
            ``(5) Cost share.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), an eligible entity may not use a 
                grant awarded under this subsection to cover more than 
                70 percent of the cost of purchasing, and as applicable 
                installing, zero emissions port equipment and 
                technology.
                    ``(B) Certain grants.--With respect to a grant in 
                an amount equal to or greater than $3,000,000, an 
                eligible entity may use such grant to cover not more 
                than 85 percent of the cost of purchasing and 
                installing zero emissions port equipment and technology 
                if such eligible entity certifies to the Secretary 
                that--
                            ``(i) such grant will be used, at least in 
                        part, to employ laborers or mechanics to 
                        install zero emissions port equipment and 
                        technology; and
                            ``(ii) such eligible entity is a party to a 
                        project labor agreement or requires that each 
                        subgrantee of such eligible entity, and any 
                        subgrantee thereof at any tier, that performs 
                        such installation participate in a project 
                        labor agreement.
            ``(6) Project labor.--An eligible entity that uses a grant 
        awarded under this subsection to install zero emissions port 
        equipment and technology shall ensure, to the greatest extent 
        practicable, that any subgrantee of such eligible entity, and 
        any subgrantee thereof at any tier, that carries out such 
        installation employs laborers or mechanics for such 
        installation that--
                    ``(A) are domiciled not further than 50 miles from 
                such installation;
                    ``(B) are members of the Armed Forces serving on 
                active duty, separated from active duty, or retired 
                from active duty;
                    ``(C) have been incarcerated or served time in a 
                juvenile detention facility; or
                    ``(D) have a disability.
            ``(7) Application.--
                    ``(A) In general.--To be eligible to be awarded a 
                grant under this subsection, an eligible entity shall 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    ``(B) Priority.--The Secretary shall prioritize 
                awarding grants under this subsection to eligible 
                entities based on the following:
                            ``(i) The degree to which the proposed use 
                        of the grant will--
                                    ``(I) reduce greenhouse gas 
                                emissions;
                                    ``(II) reduce emissions of any 
                                criteria pollutant and precursor 
                                thereof;
                                    ``(III) reduce hazardous air 
                                pollutant emissions; and
                                    ``(IV) reduce public health 
                                disparities in communities that receive 
                                a disproportionate quantity of air 
                                pollution from a port.
                            ``(ii) The amount of matching, non-Federal 
                        funds expected to be used by an applicant to 
                        purchase, and as applicable install, zero 
                        emissions port equipment and technology.
                            ``(iii) Whether the applicant will use such 
                        grant to purchase, and as applicable install, 
                        zero emissions port equipment and technology 
                        that is produced in the United States.
                            ``(iv) As applicable, whether the applicant 
                        will recruit and retain skilled workers through 
                        a Department of Labor approved or State-
                        approved joint labor management apprenticeship 
                        program.
            ``(8) Outreach.--
                    ``(A) In general.--Not later than 90 days after 
                funds are made available to carry out this subsection, 
                the Secretary shall develop and carry out an 
                educational outreach program to promote and explain the 
                grant program established under paragraph (1) to 
                prospective grant recipients.
                    ``(B) Program components.--In carrying out the 
                outreach program developed under subparagraph (A), the 
                Secretary shall--
                            ``(i) inform prospective grant recipients 
                        how to apply for a grant awarded under this 
                        subsection;
                            ``(ii) describe to prospective grant 
                        recipients the benefits of available zero 
                        emissions port equipment and technology;
                            ``(iii) explain to prospective grant 
                        recipients the benefits of participating in the 
                        grant program established under this 
                        subsection; and
                            ``(iv) facilitate the sharing of best 
                        practices and lessons learned between grant 
                        recipients and prospective grant recipients 
                        with respect to how to apply for and use grants 
                        awarded under this subsection.
            ``(9) Reports.--
                    ``(A) Report to secretary.--Not later than 90 days 
                after the date on which an eligible entity uses a grant 
                awarded under this subsection, such eligible entity 
                shall submit to the Secretary a report containing such 
                information as the Secretary shall require.
                    ``(B) Biennial report to congress.--Not later than 
                January 31, 2021, and biennially thereafter, the 
                Secretary shall submit to Congress and make available 
                on the website of the Maritime Administration a report 
                that includes, with respect to each grant awarded under 
                this subsection during the preceding calendar years--
                            ``(i) the name and location of the eligible 
                        entity that was awarded such grant;
                            ``(ii) the amount of such grant that the 
                        eligible entity was awarded;
                            ``(iii) the name and location of the port 
                        where the zero emissions port equipment and 
                        technology that was purchased, and as 
                        applicable installed, with such grant is used;
                            ``(iv) an estimate of the impact of such 
                        zero emissions port equipment and technology on 
                        reducing--
                                    ``(I) greenhouse gas emissions;
                                    ``(II) emissions of criteria 
                                pollutants and precursors thereof;
                                    ``(III) hazardous air pollutant 
                                emissions; and
                                    ``(IV) public health disparities in 
                                surrounding local communities; and
                            ``(v) any other information the Secretary 
                        determines necessary to understand the impact 
                        of grants awarded under this subsection.
            ``(10) Authorization of appropriations.--
                    ``(A) In general.--There is authorized to be 
                appropriated to carry out this subsection $500,000,000 
                for each of fiscal years 2021 through 2030.
                    ``(B) Nonattainment areas.--To the extent 
                practicable, at least 25 percent of amounts made 
                available to carry out this subsection in each fiscal 
                year shall be used to award grants to eligible entities 
                to provide zero emissions port equipment and technology 
                to ports that are in nonattainment areas.
                    ``(C) Administration.--
                            ``(i) Administrative and oversight costs.--
                        The Secretary may retain not more than 2 
                        percent of the amounts appropriated for each 
                        fiscal year under this subsection for the 
                        administrative and oversight costs incurred by 
                        the Secretary to carry out this subsection.
                            ``(ii) Availability.--
                                    ``(I) In general.--Amounts 
                                appropriated for carrying out this 
                                subsection shall remain available until 
                                expended.
                                    ``(II) Unexpended funds.--Amounts 
                                awarded as a grant under this 
                                subsection that are not expended by the 
                                grantee during the 5-year period 
                                following the date of the award shall 
                                remain available to the Secretary for 
                                use for grants under this subsection in 
                                a subsequent fiscal year.
            ``(11) Definitions.--In this subsection:
                    ``(A) Active duty.--The term `active duty' has the 
                meaning given such term in section 101 of title 10, 
                United States Code.
                    ``(B) Alternative emissions control technology.--
                The term `alternative emissions control technology' 
                means a technology, technique, or measure that--
                            ``(i) captures the emissions of nitrogen 
                        oxide, particulate matter, reactive organic 
                        compounds, and greenhouse gases from the 
                        auxiliary engine and auxiliary boiler of an 
                        ocean-going vessel at berth;
                            ``(ii) is verified or approved by a State 
                        or Federal air quality regulatory agency;
                            ``(iii) the use of which achieves at least 
                        the equivalent reduction of emissions as the 
                        use of shore power for an ocean-going vessel at 
                        berth;
                            ``(iv) the use of which results in reducing 
                        emissions of the auxiliary engine of an ocean-
                        going vessel at berth to a rate of less than--
                                    ``(I) 2.8 g/kW-hr for nitrogen 
                                oxide;
                                    ``(II) 0.03 g/kW-hr for particulate 
                                matter 2.5; and
                                    ``(III) 0.1 g/kW-hr for reactive 
                                organic compounds; and
                            ``(v) reduces the emissions of the 
                        auxiliary engine and boiler of an ocean-going 
                        vessel at berth by at least 80 percent of the 
                        default emissions rate, which is 13.8 g.
                    ``(C) Criteria pollutant.--The term `criteria 
                pollutant' means each of the following:
                            ``(i) Ground-level ozone.
                            ``(ii) Particulate matter.
                            ``(iii) Carbon monoxide.
                            ``(iv) Lead.
                            ``(v) Sulfur dioxide.
                            ``(vi) Nitrogen dioxide.
                    ``(D) Distributed energy resource.--
                            ``(i) In general.--The term `distributed 
                        energy resource' means an energy resource 
                        that--
                                    ``(I) is located on or near a 
                                customer site;
                                    ``(II) is operated on the customer 
                                side of the electric meter; and
                                    ``(III) is interconnected with the 
                                electric grid.
                            ``(ii) Inclusions.--The term `distributed 
                        energy resource' includes--
                                    ``(I) clean electric generation;
                                    ``(II) customer electric efficiency 
                                measures;
                                    ``(III) electric demand 
                                flexibility; and
                                    ``(IV) energy storage.
                    ``(E) Eligible entity.--The term `eligible entity' 
                means--
                            ``(i) a port authority;
                            ``(ii) a State, regional, local, or Tribal 
                        agency that has jurisdiction over a port 
                        authority or a port;
                            ``(iii) an air pollution control district 
                        or air quality management district; or
                            ``(iv) a private or nonprofit entity, 
                        applying for a grant awarded under this 
                        subsection in collaboration with another entity 
                        described in clauses (i) through (iii), that 
                        owns or uses cargo or transportation equipment 
                        at a port.
                    ``(F) Energy storage system.--The term `energy 
                storage system' means a system, equipment, facility, or 
                technology that--
                            ``(i) is capable of absorbing energy, 
                        storing energy for a period of time, and 
                        dispatching the stored energy; and
                            ``(ii) uses a mechanical, electrical, 
                        chemical, electrochemical, or thermal process 
                        to store energy that--
                                    ``(I) was generated at an earlier 
                                time for use at a later time; or
                                    ``(II) was generated from a 
                                mechanical process, and would otherwise 
                                be wasted, for delivery at a later 
                                time.
                    ``(G) Fully automated cargo handling equipment.--
                The term `fully automated cargo handling equipment' 
                means cargo handling equipment that--
                            ``(i) is remotely operated or remotely 
                        monitored; and
                            ``(ii) with respect to the use of such 
                        equipment, does not require the exercise of 
                        human intervention or control.
                    ``(H) Nonattainment area.--The term `nonattainment 
                area' has the meaning given such term in section 171 of 
                the Clean Air Act (42 U.S.C. 7501).
                    ``(I) Port.--The term `port' includes a maritime 
                port and an inland port.
                    ``(J) Port authority.--The term `port authority' 
                means a governmental or quasi-governmental authority 
                formed by a legislative body to operate a port.
                    ``(K) Project labor agreement.--The term `project 
                labor agreement' means a pre-hire collective bargaining 
                agreement with one or more labor organization that 
                establishes the terms and conditions of employment for 
                a specific construction project and is described in 
                section 8(f) of the National Labor Relations Act (29 
                U.S.C. 158(f)).
                    ``(L) Apprenticeship program.--The term 
                `apprenticeship program' means an apprenticeship 
                program registered under the Act of August 16, 1937 
                (commonly known as the `National Apprenticeship Act'; 
                50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), 
                including any requirement, standard, or rule 
                promulgated under such Act, as such requirement, 
                standard, or rule was in effect on December 30, 2019.
                    ``(M) Shore power.--The term `shore power' means 
                the provision of shoreside electrical power to a ship 
                at berth that has shut down main and auxiliary engines.
                    ``(N) State apprenticeship agency.--The term `State 
                Apprenticeship Agency' has the meaning given such term 
                in section 29.2 of title 29, Code of Federal 
                Regulations (as in effect on January 1, 2020).
                    ``(O) Zero emissions port equipment and 
                technology.--
                            ``(i) In general.--The term `zero emissions 
                        port equipment and technology' means equipment 
                        and technology, including the equipment and 
                        technology described in clause (ii), that--
                                    ``(I) is used at a port; and
                                    ``(II)(aa) produces zero exhaust 
                                emissions of--
                                            ``(AA) any criteria 
                                        pollutant and precursor 
                                        thereof; and
                                            ``(BB) any greenhouse gas, 
                                        other than water vapor; or
                                    ``(bb) captures 100 percent of the 
                                exhaust emissions produced by an ocean-
                                going vessel at berth.
                            ``(ii) Equipment and technology 
                        described.--The equipment and technology 
                        described in this clause is the following:
                                    ``(I) Any equipment that handles 
                                cargo.
                                    ``(II) A drayage truck that 
                                transports cargo.
                                    ``(III) A train that transports 
                                cargo.
                                    ``(IV) Port harbor craft.
                                    ``(V) A distributed energy 
                                resource.
                                    ``(VI) An energy storage system.
                                    ``(VII) Electrical charging 
                                infrastructure.
                                    ``(VIII) Shore power or an 
                                alternative emissions control 
                                technology.
                                    ``(IX) An electric transport 
                                refrigeration unit.''.
    (b) Technical Assistance.--Paragraph (3) of subsection (e) of 
section 50302 of title 46, United States Code, as redesignated by 
subsection (a)(1) of this section, is amended--
            (1) by inserting ``or (d)'' after ``subsection (c)''; and
            (2) by striking ``such''.

SEC. 25003. ENERGY POLICY ACT OF 2005 AUTHORIZATION OF APPROPRIATIONS 
              FOR PORT AUTHORITIES.

    Section 797 of the Energy Policy Act of 2005 (42 U.S.C. 16137) is 
amended by adding at the end the following:
    ``(c) Port Authorities.--There is authorized to be appropriated 
$50,000,000 for each of fiscal years 2021 through 2025 to award grants, 
rebates, or loans, under section 792, to eligible entities to carry out 
projects that reduce emissions at ports.''.

                        TITLE VI--OTHER MATTERS

SEC. 26001. WASTEWATER DRUG TESTING PILOT PROGRAM.

    (a) Establishment.--The Administrator of the Environmental 
Protection Agency shall establish a pilot program to provide funding to 
States to incorporate wastewater testing for drugs at municipal 
wastewater treatment plants in order to monitor drug consumption and 
detect new drug use more quickly and in a more specific geographic 
region than methods currently in use.
    (b) Selection.--In carrying out the pilot program established under 
subsection (a), the Administrator shall, subject to appropriations, 
select five States to each receive $1,000,000 in each of fiscal years 
2022 through 2024 to provide funding to municipal wastewater treatment 
plants to incorporate testing for drugs into their routine wastewater 
testing protocol.
    (c) Requirements.--A State receiving funds pursuant to the pilot 
program shall--
            (1) provide funding to municipal wastewater treatment 
        plants to collect and test water samples;
            (2) facilitate a partnership between local health 
        departments and municipal wastewater treatment plants; and
            (3) provide not less than 10 percent of the funds to 
        applicable local health departments to develop public health 
        interventions to respond to drug use in the community, as 
        indicated by testing results.
    (d) Analyses.--A State receiving funds pursuant to the pilot 
program may use a portion of the funding to have test results analyzed, 
including to develop estimates of how many doses of a drug have been 
consumed and to track results over time. The State shall report such 
analyses to the local and State health departments and to the Centers 
for Disease Control and Prevention.
    (e) Reports.--
            (1) State reports.--Not later than 90 days after the end of 
        the pilot program, each State that received funds shall submit 
        a report to the Committees on Energy and Commerce and 
        Transportation and Infrastructure of the House of 
        Representatives, the Committees on Health, Education, Labor, 
        and Pensions and Environment and Public Works of the Senate, 
        and the Centers for Disease Control and Prevention that 
        includes each year's final budget, an explanation of how the 
        program was established, what information the wastewater 
        testing provided and whether findings were in line with other 
        drug surveillance strategies, the usefulness of testing as an 
        evaluation strategy for policy change and public health 
        interventions, challenges encountered, and recommendations for 
        responsible data use and maintaining privacy.
            (2) CDC report.--Not later than 180 days after the end of 
        the pilot program, the Centers for Disease Control and 
        Prevention shall submit a report to Congress analyzing the 
        reports submitted under paragraph (1) and detailing best 
        practices for implementing wastewater testing and using the 
        results to inform public health interventions.
    (f) Restrictions.--
            (1) Collection.--A State receiving funds pursuant to the 
        pilot program may not use such funds to collect water samples 
        from any location other than a municipal wastewater treatment 
        plant.
            (2) Disclosure.--Analyses of samples collected pursuant to 
        this section may not be disclosed to any entity other than the 
        applicable State and local health departments and the Centers 
        for Disease Control and Prevention.
            (3) Reports.--Any information relating to sample analyses 
        included in a report submitted under subsection (e) shall not 
        be made public.

                    TITLE VII--NEW RIVER RESTORATION

SEC. 27001. SHORT TITLE.

    This title may be cited as the ``California New River Restoration 
Act of 2020''.

SEC. 27002. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Mexican.--The term ``Mexican'' refers to the Federal, 
        State, and local governments of the United Mexican States.
            (3) New river.--The term ``New River'' means that portion 
        of the New River, California, that flows north within the 
        United States from the border of Mexico through Calexico, 
        California, passes through the Imperial Valley, and drains into 
        the Salton Sea.
            (4) Program.--The term ``program'' means the California New 
        River restoration program established under section 27003.
            (5) Restoration and protection.--The term ``restoration and 
        protection'' means the conservation, stewardship, and 
        enhancement of habitat for fish and wildlife to preserve and 
        improve ecosystems and ecological processes on which they 
        depend.

SEC. 27003. CALIFORNIA NEW RIVER RESTORATION PROGRAM ESTABLISHMENT.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Administrator shall establish a program to 
be known as the ``California New River restoration program''.
    (b) Duties.--In carrying out the program, the Administrator shall--
            (1) implement projects, plans, and initiatives for the 
        restoration and protection of the New River that are supported 
        by the California-Mexico Border Relations Council, in 
        consultation with applicable management entities, including 
        representatives of the Calexico New River Committee, the 
        California-Mexico Border Relations Council, the New River 
        Improvement Project Technical Advisory Committee, the Federal 
        Government, State and local governments, and regional and 
        nonprofit organizations;
            (2) undertake activities that--
                    (A) support the implementation of a shared set of 
                science-based restoration and protection activities 
                identified in accordance with paragraph (1);
                    (B) target cost-effective projects with measurable 
                results; and
                    (C) maximize conservation outcomes with no net gain 
                of Federal full-time equivalent employees; and
            (3) provide grants and technical assistance in accordance 
        with section 27004.
    (c) Coordination.--In establishing the program, the Administrator 
shall consult, as appropriate, with--
            (1) the heads of Federal agencies, including--
                    (A) the Secretary of the Interior;
                    (B) the Secretary of Agriculture;
                    (C) the Secretary of Homeland Security;
                    (D) the Administrator of General Services;
                    (E) the Commissioner of U.S. Customs and Border 
                Protection;
                    (F) the Commissioner of the International Boundary 
                Water Commission; and
                    (G) the head of any other applicable agency;
            (2) the Governor of California;
            (3) the California Environmental Protection Agency;
            (4) the California State Water Resources Control Board;
            (5) the California Department of Water Resources;
            (6) the Colorado River Basin Regional Water Quality Control 
        Board;
            (7) the Imperial Irrigation District; and
            (8) other public agencies and organizations with authority 
        for the planning and implementation of conservation strategies 
        relating to the New River.
    (d) Purposes.--The purposes of the program include--
            (1) coordinating restoration and protection activities, 
        among Mexican, Federal, State, local, and regional entities and 
        conservation partners, relating to the New River; and
            (2) carrying out coordinated restoration and protection 
        activities, and providing for technical assistance relating to 
        the New River--
                    (A) to sustain and enhance fish and wildlife 
                habitat restoration and protection activities;
                    (B) to improve and maintain water quality to 
                support fish and wildlife, as well as the habitats of 
                fish and wildlife;
                    (C) to sustain and enhance water management for 
                volume and flood damage mitigation improvements to 
                benefit fish and wildlife habitat;
                    (D) to improve opportunities for public access to, 
                and recreation in and along, the New River consistent 
                with the ecological needs of fish and wildlife habitat;
                    (E) to maximize the resilience of natural systems 
                and habitats under changing watershed conditions;
                    (F) to engage the public through outreach, 
                education, and citizen involvement, to increase 
                capacity and support for coordinated restoration and 
                protection activities relating to the New River;
                    (G) to increase scientific capacity to support the 
                planning, monitoring, and research activities necessary 
                to carry out coordinated restoration and protection 
                activities; and
                    (H) to provide technical assistance to carry out 
                restoration and protection activities relating to the 
                New River.

SEC. 27004. GRANTS AND ASSISTANCE.

    (a) In General.--In carrying out the program, the Administrator 
shall provide grants and technical assistance to State and local 
governments, nonprofit organizations, and institutions of higher 
education, to carry out the purposes of the program.
    (b) Criteria.--The Administrator, in consultation with the 
organizations described in section 27003(c), shall develop criteria for 
providing grants and technical assistance under this section to ensure 
that such activities accomplish one or more of the purposes identified 
in section 27003(d)(2).
    (c) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of a 
        project for which a grant is provided under this section shall 
        not exceed 55 percent of the total cost of the activity, as 
        determined by the Administrator.
            (2) Non-federal share.--The non-Federal share of the cost 
        of a project for which a grant is provided under this section 
        may be provided in the form of an in-kind contribution of 
        services or materials that the Administrator determines are 
        integral to the activity carried out using assistance 
        authorized by this title.
    (d) Requirements.--Sections 513 and 608 of the Federal Water 
Pollution Control Act (33 U.S.C. 1372; 1388) shall apply to the 
construction of any project or activity carried out, in whole or in 
part, under this title in the same manner those sections apply to a 
treatment works for which a grant is made available under the Federal 
Water Pollution Control Act.
    (e) Administration.--The Administrator may enter into an agreement 
to manage the implementation of this section with the North American 
Development Bank or a similar organization that offers grant management 
services.

SEC. 27005. ANNUAL REPORTS.

    Not later than 180 days after the date of enactment of this Act, 
and annually thereafter, the Administrator shall submit to Congress a 
report on the implementation of this title, including a description of 
each project that has received funding under this title and the status 
of all such projects that are in progress on the date of submission of 
the report.

                       TITLE VIII--OTHER MATTERS

SEC. 28001. COVID-19 WASTEWATER SURVEILLANCE RESEARCH PROGRAM.

    (a) Findings.--Congress finds the following:
            (1) Wastewater surveillance of COVID-19 is a rapidly 
        evolving area of research that holds great promise as an early, 
        cost-effective, unbiased community-level indicator of the 
        presence of COVID-19.
            (2) Use of wastewater surveillance to assess increasing 
        trends in the occurrence of COVID-19, especially in early 
        detection, has been successfully demonstrated, however, 
        additional research may help shed light on other areas where 
        this tool can be helpful in providing useful information to 
        public health and elected officials responding to the COVID-19 
        pandemic.
    (b) Grants.--The Administrator of the Environmental Protection 
Agency shall establish a program to award research grants to eligible 
entities to investigate the use of wastewater surveillance of the 
genetic signal of SARS CoV-2 as an indicator of the distribution of 
COVID-19 in communities.
    (c) Eligible Entities.--Entities eligible to receive a grant under 
this section include wastewater utilities (including those that receive 
funding through a State water pollution control revolving fund 
established pursuant to title VI of the Federal Water Pollution Control 
Act), institutions of higher education, and public-private consortia 
focused on water research and technology.
    (d) Requirements.--In carrying out subsection (b), the 
Administrator, in consultation with wastewater officials and public 
health officials, shall--
            (1) develop recommendations for--
                    (A) sample plan design, sample collection, and 
                sample preservation; and
                    (B) consistent data collection practices and 
                documentation that would allow data comparability;
            (2) support greater coordination in research to help better 
        understand and address knowledge gaps;
            (3) support effective communication with the public, public 
        health officials, elected officials, wastewater professionals, 
        and the media, on the results of any wastewater surveillance 
        for tracking trends relating to COVID-19; and
            (4) carry out such other activities as the Administrator 
        determines appropriate.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal years 2021 and 2022 such sums as may be 
necessary to carry out this section.

                        TITLE IX--OTHER MATTERS

SEC. 29001. SMART WATER INFRASTRUCTURE INVESTMENT GRANTS.

    Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) is amended by adding at the end the following:

``SEC. 222. SMART WASTEWATER INFRASTRUCTURE TECHNOLOGY.

    ``(a) Policy.--It is the policy of the United States to support the 
modernization of the Nation's publicly owned treatment works to 
maintain reliable and affordable water quality infrastructure that 
addresses demand impacts, including resiliency to improve public health 
and natural resources.
    ``(b) Grants.--
            ``(1) Grants to treatment works.--The Administrator shall 
        make direct grants to owners and operators of publicly owned 
        treatment works for planning, design, construction, and 
        operations training of--
                    ``(A) intelligent wastewater collection systems and 
                stormwater management operations, including 
                technologies that rely on--
                            ``(i) real-time monitoring, embedded 
                        intelligence, and predictive maintenance 
                        capabilities that improve the energy 
                        efficiency, reliability, and resiliency of 
                        wastewater pumping systems;
                            ``(ii) real-time sensors that provide 
                        continuous monitoring of wastewater collection 
                        system water quality to support the 
                        optimization of stormwater and wastewater 
                        collection systems, with a priority for water 
                        quality impacts; and
                            ``(iii) the use of artificial intelligence 
                        and other intelligent optimization tools that 
                        reduce operational costs, including operational 
                        costs relating to energy consumption and 
                        chemical treatment; and
                    ``(B) innovative and alternative combined sewer and 
                stormwater control projects, including groundwater 
                banking, that rely upon real-time data acquisition to 
                support predictive aquifer recharge through water reuse 
                and stormwater management capabilities.
            ``(2) Rural communities set-aside.--Of amounts appropriated 
        pursuant to subsection (h), the Administrator use not more than 
        20 percent to make grants to communities with populations not 
        greater than 10,000.
    ``(c) Cost-Share.--The non-Federal share of the costs of an 
activity carried out using a grant under subsection (b) shall be 25 
percent.
    ``(d) Exception.--The Administrator may waive the cost-share 
requirement of subsection (c) if the Administrator determines such 
cost-share would be financially unreasonable due to a community's 
ability to comply with such cost-share requirement.
    ``(e) Program Implementation.--
            ``(1) Guidance.--Not later than 30 days after the date of 
        enactment of this section, the Administrator shall issue 
        guidance to owners and operators of publicly owned treatment 
        works on how to apply for assistance.
            ``(2) Decision on applications.--The Administrator shall 
        make a determination of whether to make a grant to an applicant 
        within 30 days of receipt of an application. In the case that 
        the Administrator determines an application is deficient, the 
        applicant shall be advised of any such deficiencies and 
        provided the opportunity to resubmit the application.
            ``(3) Disbursement.--A grant shall be made not later than 
        60 days after the date on which the Administrator approves an 
        application.
    ``(f) Compliance With Buy America.--The requirements of section 608 
shall apply to funds granted under this section.
    ``(g) Report to Congress.--Not later than 180 days after the date 
of enactment of this subsection, and annually thereafter, the 
Administrator shall submit to Congress a report describing projects 
funded under this section, results in improving the resiliency of 
publicly owned treatment works, and recommendations to improve the 
achievement of the program's policy. For purposes of the first report 
to Congress, the Administrator shall report on the program's 
implementation, including a description of projects approved and those 
disapproved. In providing such information, the Administrator shall 
detail the reasons that a project was not awarded assistance.
    ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated $500,000,000 to carry out this section, to remain 
available until expended.''.

                    DIVISION G--ENERGY AND COMMERCE

                   TITLE I--BROADBAND INFRASTRUCTURE

SEC. 31001. DEFINITIONS.

    In this title:
            (1) Aging individual.--The term ``aging individual'' has 
        the meaning given the term ``older individual'' in section 102 
        of the Older Americans Act of 1965 (42 U.S.C. 3002).
            (2) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Appropriations of the Senate;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Appropriations of the House of 
                Representatives; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (4) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (5) Covered household.--The term ``covered household'' 
        means a household the income of which does not exceed 150 
        percent of the poverty threshold, as determined by using 
        criteria of poverty established by the Bureau of the Census, 
        for a household of the size involved.
            (6) Covered populations.--The term ``covered populations'' 
        means--
                    (A) individuals who are members of covered 
                households;
                    (B) aging individuals;
                    (C) incarcerated individuals, other than 
                individuals who are incarcerated in a Federal 
                correctional facility (including a private facility 
                operated under contract with the Federal Government);
                    (D) veterans;
                    (E) individuals with disabilities;
                    (F) individuals with a language barrier, including 
                individuals who--
                            (i) are English learners; or
                            (ii) have low levels of literacy;
                    (G) individuals who are members of a racial or 
                ethnic minority group; and
                    (H) individuals who primarily reside in a rural 
                area.
            (7) Digital literacy.--The term ``digital literacy'' means 
        the skills associated with using technology to enable users to 
        find, evaluate, organize, create, and communicate information.
            (8) Disability.--The term ``disability'' has the meaning 
        given the term in section 3 of the Americans with Disabilities 
        Act of 1990 (42 U.S.C. 12102).
            (9) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (10) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4(e) of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304(e)).
            (11) Institution of higher education.--The term 
        ``institution of higher education''--
                    (A) has the meaning given the term in section 101 
                of the Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    (B) includes a postsecondary vocational 
                institution.
            (12) Postsecondary vocational institution.--The term 
        ``postsecondary vocational institution'' has the meaning given 
        the term in section 102(c) of the Higher Education Act of 1965 
        (20 U.S.C. 1002(c)).
            (13) Rural area.--The term ``rural area'' has the meaning 
        given the term in section 13 of the Rural Electrification Act 
        of 1936 (7 U.S.C. 913).
            (14) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
            (15) Veteran.--The term ``veteran'' has the meaning given 
        the term in section 101 of title 38, United States Code.

SEC. 31002. SENSE OF CONGRESS.

    (a) In General.--It is the sense of Congress that--
            (1) a broadband service connection and digital literacy are 
        increasingly critical to how individuals--
                    (A) participate in the society, economy, and civic 
                institutions of the United States; and
                    (B) access health care and essential services, 
                obtain education, and build careers;
            (2) digital exclusion--
                    (A) carries a high societal and economic cost;
                    (B) materially harms the opportunity of an 
                individual with respect to the economic success, 
                educational achievement, positive health outcomes, 
                social inclusion, and civic engagement of that 
                individual;
                    (C) materially harms the opportunity of areas where 
                it is especially widespread with respect to economic 
                success, educational achievement, positive health 
                outcomes, social cohesion, and civic institutions; and
                    (D) exacerbates existing wealth and income gaps, 
                especially those experienced by covered populations and 
                between regions;
            (3) achieving accessible and affordable access to broadband 
        service, as well as digital literacy, for all people of the 
        United States requires additional and sustained research 
        efforts and investment;
            (4) the Federal Government, as well as State, Tribal, and 
        local governments, have made social, legal, and economic 
        obligations that necessarily extend to how the citizens and 
        residents of those governments access and use the internet; and
            (5) achieving accessible and affordable access to broadband 
        service is a matter of social and economic justice and is worth 
        pursuing.
    (b) Broadband Service Defined.--In this section, the term 
``broadband service'' has the meaning given the term ``broadband 
internet access service'' in section 8.1(b) of title 47, Code of 
Federal Regulations, or any successor regulation.

SEC. 31003. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be invalid, the remainder of this title and the 
amendments made by this title, and the application of such provision or 
amendment to any other person or circumstance, shall not be affected 
thereby.

                       Subtitle A--Digital Equity

SEC. 31100. DEFINITIONS.

    In this subtitle:
            (1) Adoption of broadband service.--The term ``adoption of 
        broadband service'' means the process by which an individual 
        obtains daily access to broadband service--
                    (A) with a download speed of at least 25 megabits 
                per second, an upload speed of at least 3 megabits per 
                second, and a latency that is sufficiently low to allow 
                real-time, interactive applications;
                    (B) with the digital skills that are necessary for 
                the individual to participate online; and
                    (C) on a--
                            (i) personal device; and
                            (ii) secure and convenient network.
            (2) Anchor institution.--The term ``anchor institution'' 
        means a public or private school, a library, a medical or 
        healthcare provider, a museum, a public safety entity, a public 
        housing agency, a community college, an institution of higher 
        education, a religious organization, or any other community 
        support organization or agency.
            (3) Assistant secretary.--Except in section 31101, the term 
        ``Assistant Secretary'' means the Assistant Secretary, acting 
        through the Office.
            (4) Broadband service.--The term ``broadband service'' has 
        the meaning given the term ``broadband internet access 
        service'' in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (5) Covered programs.--The term ``covered programs'' means 
        the State Digital Equity Capacity Grant Program established 
        under section 31121 and the Digital Equity Competitive Grant 
        Program established under section 31122.
            (6) Digital equity.--The term ``digital equity'' means the 
        condition in which individuals and communities have the 
        information technology capacity that is needed for full 
        participation in the society and economy of the United States.
            (7) Digital inclusion activities.--The term ``digital 
        inclusion activities''--
                    (A) means the activities that are necessary to 
                ensure that all individuals in the United States have 
                access to, and the use of, affordable information and 
                communication technologies, such as--
                            (i) reliable broadband service;
                            (ii) internet-enabled devices that meet the 
                        needs of the user; and
                            (iii) applications and online content 
                        designed to enable and encourage self-
                        sufficiency, participation, and collaboration; 
                        and
                    (B) includes--
                            (i) the provision of digital literacy 
                        training;
                            (ii) the provision of quality technical 
                        support; and
                            (iii) promoting basic awareness of measures 
                        to ensure online privacy and cybersecurity.
            (8) Eligible state.--The term ``eligible State'' means--
                    (A) with respect to planning grants made available 
                under section 31121(c)(3), a State with respect to 
                which the Assistant Secretary has approved an 
                application submitted to the Assistant Secretary under 
                section 31121(c)(3)(C); and
                    (B) with respect to capacity grants awarded under 
                section 31121(d), a State with respect to which the 
                Assistant Secretary has approved an application 
                submitted to the Assistant Secretary under section 
                31121(d)(2), including approval of the State Digital 
                Equity Plan developed by the State under section 
                31121(c).
            (9) Federal broadband service support program.--The term 
        ``Federal broadband service support program'' does not include 
        any Universal Service Fund program and means any of the 
        following programs (or any other similar Federal program) to 
        the extent the program offers broadband service or programs for 
        promoting access to broadband service and adoption of broadband 
        service for various demographic communities through various 
        media for residential, commercial, or community providers or 
        anchor institutions:
                    (A) The Telecommunications and Technology Program 
                of the Appalachian Regional Commission.
                    (B) The Telecommunications Infrastructure Loans and 
                Loan Guarantees, the Rural Broadband Access Loans and 
                Loan Guarantees, the Substantially Underserved Trust 
                Areas Provisions, the Community Connect Grant Program, 
                and the Distance Learning and Telemedicine Grant 
                Program of the Rural Utilities Service of the 
                Department of Agriculture.
                    (C) The Public Works and Economic Adjustment 
                Assistance Programs and the Planning and Local 
                Technical Assistance Programs of the Economic 
                Development Administration of the Department of 
                Commerce.
                    (D) The Community Development Block Grants and 
                Section 108 Loan Guarantees, the Funds for Public 
                Housing Authorities: Capital Fund and Operating Fund, 
                the Multifamily Housing, the Indian Community 
                Development Block Grant Program, the Indian Housing 
                Block Grant Program, the Title VI Loan Guarantee 
                Program, Choice Neighborhoods, the HOME Investment 
                Partnerships Program, the Housing Trust Fund, and the 
                Housing Opportunities for Persons with AIDS of the 
                Department of Housing and Urban Development.
                    (E) The American Job Centers of the Employment and 
                Training Administration of the Department of Labor.
                    (F) The Library Services and Technology Grant 
                Programs of the Institute of Museum and Library 
                Services.
                    (G) The State Digital Equity Capacity Grant Program 
                established under section 31121.
                    (H) The Digital Equity Competitive Grant Program 
                established under section 31122.
                    (I) The program established under section 723 of 
                the Communications Act of 1934 (relating to expansion 
                of access to broadband service for unserved areas, 
                areas with low-tier service, areas with mid-tier 
                service, and unserved anchor institutions), as added by 
                section 31301.
                    (J) The broadband infrastructure finance and 
                innovation program established under chapter 2 of 
                subtitle C.
            (10) Gender identity.--The term ``gender identity'' has the 
        meaning given the term in section 249(c) of title 18, United 
        States Code.
            (11) Local educational agency.--The term ``local 
        educational agency'' has the meaning given the term in section 
        8101(30) of the Elementary and Secondary Education Act of 1965 
        (20 U.S.C. 7801(30)).
            (12) Medicaid enrollee.--The term ``Medicaid enrollee'' 
        means, with respect to a State, an individual enrolled in the 
        State plan under title XIX of the Social Security Act (42 
        U.S.C. 1396 et seq.) or a waiver of that plan.
            (13) National lifeline eligibility verifier.--The term 
        ``National Lifeline Eligibility Verifier'' has the meaning 
        given such term in section 54.400 of title 47, Code of Federal 
        Regulations (or any successor regulation).
            (14) Native hawaiian organization.--The term ``Native 
        Hawaiian organization'' means any organization--
                    (A) that serves the interests of Native Hawaiians;
                    (B) in which Native Hawaiians serve in substantive 
                and policymaking positions;
                    (C) that has as a primary and stated purpose the 
                provision of services to Native Hawaiians; and
                    (D) that is recognized for having expertise in 
                Native Hawaiian affairs, digital connectivity, or 
                access to broadband service.
            (15) Office.--The term ``Office'' means the Office of 
        Internet Connectivity and Growth established pursuant to 
        section 31101.
            (16) Public housing agency.--The term ``public housing 
        agency'' has the meaning given the term in section 3(b) of the 
        United States Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (17) SNAP participant.--The term ``SNAP participant'' means 
        an individual who is a member of a household that participates 
        in the supplemental nutrition assistance program under the Food 
        and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
            (18) Socially and economically disadvantaged small business 
        concern.--The term ``socially and economically disadvantaged 
        small business concern'' has the meaning given the term in 
        section 8(a)(4) of the Small Business Act (15 U.S.C. 
        637(a)(4)).
            (19) Tribally designated entity.--The term ``tribally 
        designated entity'' means an entity designated by an Indian 
        Tribe to carry out activities under this subtitle.
            (20) Universal service fund program.--The term ``Universal 
        Service Fund program'' means any program authorized under 
        section 254 of the Communications Act of 1934 (47 U.S.C. 254), 
        to the extent such program provides support for broadband 
        service deployment.
            (21) Universal service mechanism.--The term ``universal 
        service mechanism'' means any funding stream provided by a 
        Universal Service Fund program to support broadband service 
        deployment.
            (22) Workforce development program.--The term ``workforce 
        development program'' has the meaning given the term in section 
        3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
        3102).

         CHAPTER 1--OFFICE OF INTERNET CONNECTIVITY AND GROWTH

SEC. 31101. ESTABLISHMENT OF THE OFFICE OF INTERNET CONNECTIVITY AND 
              GROWTH.

    Not later than 180 days after the date of the enactment of this 
Act, the Assistant Secretary shall establish the Office of Internet 
Connectivity and Growth within the National Telecommunications and 
Information Administration.

SEC. 31102. DUTIES.

    (a) Outreach.--The Office shall--
            (1) connect with communities that need access to broadband 
        service and improved digital inclusion activities through 
        various forms of outreach and communication techniques;
            (2) hold regional workshops across the country to share 
        best practices and effective strategies for promoting access to 
        broadband service and adoption of broadband service;
            (3) develop targeted broadband service training and 
        presentations for various demographic communities through 
        various media; and
            (4) develop and distribute publications (including 
        toolkits, primers, manuals, and white papers) providing 
        guidance, strategies, and insights to communities as the 
        communities develop strategies to expand access to broadband 
        service and adoption of broadband service.
    (b) Tracking of Federal Dollars.--
            (1) Broadband service infrastructure.--The Office shall 
        track the construction and use of and access to any broadband 
        service infrastructure built using any Federal support in a 
        central database.
            (2) Accounting mechanism.--The Office shall develop a 
        streamlined accounting mechanism by which any Federal agency 
        offering a Federal broadband service support program, and the 
        Commission with respect to the Universal Service Fund programs, 
        shall provide the information described in paragraph (1) in a 
        standardized and efficient fashion.
            (3) Report.--Not later than 1 year after the date of the 
        enactment of this Act, and every year thereafter, the Office 
        shall make public on the website of the Office and submit to 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the following:
                    (A) A description of the work of the Office for the 
                previous year and the number of residents of the United 
                States that received broadband service as result of 
                Federal broadband service support programs and the 
                Universal Service Fund programs.
                    (B) A description of how many residents of the 
                United States were provided broadband service by which 
                universal service mechanism or which Federal broadband 
                service support program.
                    (C) An estimate of the economic impact of such 
                broadband service deployment efforts on the local 
                economy, including any effect on small businesses or 
                jobs.
                    (D) A description of any non-economic benefits of 
                such broadband service deployment efforts, including 
                any effect on civic engagement.
                    (E) The extent to which residents of the United 
                States that received broadband service as a result of 
                Federal broadband service support programs and the 
                Universal Service Fund programs received such service 
                at the download and upload speeds required by such 
                programs.
    (c) Study and Report on Affordability of Adoption of Broadband 
Service.--
            (1) Study.--The Office, in consultation with the 
        Commission, the Department of Agriculture, the Department of 
        the Treasury, and such other Federal agencies as the Office 
        considers appropriate, shall, not later than 1 year after the 
        date of the enactment of this Act, and biennially thereafter, 
        conduct a study that examines the following:
                    (A) The number of households for which cost is a 
                barrier to the adoption of broadband service, the 
                financial circumstances of such households, and whether 
                such households are eligible for the broadband benefit 
                under section 31141.
                    (B) The extent to which the cost of adoption of 
                broadband service is a financial burden to households 
                that have adopted broadband service, the financial 
                circumstances of such financially burdened households, 
                and whether such households are receiving the broadband 
                benefit under section 31141.
                    (C) The appropriate standard to determine whether 
                adoption of broadband service is affordable for 
                households, given the financial circumstances of such 
                households.
                    (D) The feasibility of providing additional Federal 
                subsidies, including expanding the eligibility for or 
                increasing the amount of the broadband benefit under 
                section 31141, to households to cover the difference 
                between the cost of adoption of broadband service 
                (determined before applying such additional Federal 
                subsidies) and the price at which adoption of broadband 
                service would be affordable.
                    (E) How a program to provide additional Federal 
                subsidies as described in subparagraph (D) should be 
                administered to most effectively facilitate adoption of 
                broadband service at the lowest overall expense to the 
                Federal Government, including measures that would 
                ensure that the availability of the subsidies does not 
                result in providers raising the price of broadband 
                service for households receiving subsidies.
                    (F) How participation in the Lifeline program of 
                the Commission has changed in the 5 years prior to the 
                date of the enactment of this Act, including--
                            (i) geographic information at the census-
                        block level depicting the scale of change in 
                        participation in each area; and
                            (ii) information on changes in 
                        participation by specific types of Lifeline-
                        supported services, including fixed voice 
                        telephony service, mobile voice telephony 
                        service, fixed broadband service, and mobile 
                        broadband service and, in the case of any 
                        Lifeline-supported services provided as part of 
                        a bundle of services to which a Lifeline 
                        discount is applied, which Lifeline-supported 
                        services are part of such bundle and whether or 
                        not each Lifeline-supported service in such 
                        bundle meets Lifeline minimum service 
                        standards.
                    (G) How competition impacts the price of broadband 
                service, including the impact of monopolistic business 
                practices by broadband service providers.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, and biennially thereafter, the Office 
        shall submit to Congress a report on the results of the study 
        conducted under paragraph (1).
            (3) Cost defined.--In this subsection, the term ``cost'' 
        means, with respect to adoption of broadband service, the cost 
        of adoption of broadband service to a household after applying 
        any subsidies that reduce such cost.

SEC. 31103. STREAMLINED APPLICATIONS FOR SUPPORT.

    (a) Federal Agency Consultation.--The Office shall consult with any 
Federal agency offering a Federal broadband service support program to 
streamline and standardize the application process for financial 
assistance for such program.
    (b) Federal Agency Streamlining.--Any Federal agency offering a 
Federal broadband service support program shall amend the applications 
of such agency for broadband service support, to the extent practicable 
and as necessary, to streamline and standardize applications for 
Federal broadband service support programs across the Government.
    (c) Single Application.--To the greatest extent practicable, the 
Office shall seek to create one application that may be submitted to 
apply for all, or substantially all, Federal broadband service support 
programs.
    (d) Website Required.--Not later than 180 days after the date of 
the enactment of this Act, the Office shall create a central website 
through which potential applicants can learn about and apply for 
support through any Federal broadband service support program.

SEC. 31104. COORDINATION OF SUPPORT.

    The Office, any Federal agency that offers a Federal broadband 
service support program, and the Commission with respect to the 
Universal Service Fund programs shall coordinate to ensure that support 
is being distributed in an efficient, technology-neutral, and 
financially sustainable manner, with the goals of achieving universal 
access to affordable broadband service and promoting the most job and 
economic growth for all residents of the United States.

SEC. 31105. RULE OF CONSTRUCTION.

    Nothing in this chapter is intended to alter or amend any provision 
of section 254 of the Communications Act of 1934 (47 U.S.C. 254).

SEC. 31106. FUNDING.

    (a) Appropriation.--There are appropriated to the Assistant 
Secretary, out of any money in the Treasury not otherwise appropriated, 
$26,000,000 to carry out this chapter for fiscal year 2021, to remain 
available until expended.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Secretary $26,000,000 to carry out this 
chapter for fiscal year 2022 and each fiscal year thereafter, to remain 
available until expended.

SEC. 31107. STUDY AND RECOMMENDATIONS TO CONNECT SOCIALLY DISADVANTAGED 
              INDIVIDUALS.

    (a) In General.--Not later than 12 months after the date of the 
enactment of this act, the Office of Internet Connectivity and Growth, 
in consultation with the Commission and the Rural Utility Service of 
the Department of Agriculture, shall, after public notice and an 
opportunity for comment, conduct a study to assess the extent to which 
Federal funds for broadband internet access services, including the 
Universal Service Fund programs and other Federal broadband service 
support programs, have expanded access to and adoption of broadband 
internet access service by socially disadvantaged individuals as 
compared to individuals who are not socially disadvantaged individuals.
    (b) Report and Publication.--
            (1) Submission.--Not later than 18 months after the date of 
        the enactment of this Act, the Office of Internet Connectivity 
        and Growth shall submit a report on the results of the study 
        under subsection (a) to--
                    (A) the Committee on Energy & Commerce in the House 
                of Representatives;
                    (B) the Committee on Commerce, Science and 
                Transportation of the Senate; and
                    (C) each agency administering a program evaluated 
                by such report.
            (2) Public publication.--Contemporaneously with submitting 
        the report required by paragraph (1), the Office of Internet 
        Connectivity and Growth shall publish such report on the public 
        facing website of--
                    (A) the National Telecommunications and Information 
                Administration;
                    (B) the Commission; and
                    (C) the Rural Utility Service of the Department of 
                Agriculture.
            (3) Recommendations.--The report required by paragraph (1) 
        shall include recommendations with regard who to how Federal 
        funds for the Universal Service Fund programs and Federal 
        broadband service support programs may be dispersed in an a 
        manner that better expands access to and adoption of broadband 
        internet access service by socially disadvantaged individuals 
        as compared to individuals who are not socially disadvantaged 
        individuals.
    (c) Socially Disadvantaged Individual.--In this section, the term 
``socially disadvantaged individual'' has the meaning given that term 
in section 8 of the Small Business Act (15 U.S.C. 637).

                   CHAPTER 2--DIGITAL EQUITY PROGRAMS

SEC. 31121. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.

    (a) Establishment; Purpose.--
            (1) In general.--The Assistant Secretary shall establish in 
        the Office the State Digital Equity Capacity Grant Program 
        (referred to in this section as the ``Program'')--
                    (A) the purpose of which is to promote the 
                achievement of digital equity, support digital 
                inclusion activities, and build capacity for efforts by 
                States relating to the adoption of broadband service by 
                residents of those States;
                    (B) through which the Assistant Secretary shall 
                make grants to States in accordance with the 
                requirements of this section; and
                    (C) which shall ensure that States have the 
                capacity to promote the achievement of digital equity 
                and support digital inclusion activities.
            (2) Consultation with other federal agencies; no 
        conflict.--In establishing the Program under paragraph (1), the 
        Assistant Secretary shall--
                    (A) consult with--
                            (i) the Secretary of Agriculture;
                            (ii) the Secretary of Housing and Urban 
                        Development;
                            (iii) the Secretary of Education;
                            (iv) the Secretary of Labor;
                            (v) the Secretary of Health and Human 
                        Services;
                            (vi) the Secretary of Veterans Affairs;
                            (vii) the Secretary of the Interior;
                            (viii) the Assistant Secretary for Indian 
                        Affairs of the Department of the Interior;
                            (ix) the Commission;
                            (x) the Federal Trade Commission;
                            (xi) the Director of the Institute of 
                        Museum and Library Services;
                            (xii) the Administrator of the Small 
                        Business Administration;
                            (xiii) the Federal Cochairman of the 
                        Appalachian Regional Commission; and
                            (xiv) the head of any other Federal agency 
                        that the Assistant Secretary determines to be 
                        appropriate; and
                    (B) ensure that the Program complements and 
                enhances, and does not conflict with, other Federal 
                broadband service support programs and Universal 
                Service Fund programs.
            (3) Tribal and native hawaiian consultation and 
        engagement.--In establishing the Program under paragraph (1), 
        the Assistant Secretary shall conduct robust, interactive, pre-
        decisional, transparent consultation with Indian Tribes and 
        Native Hawaiian organizations.
    (b) Administering Entity.--
            (1) Selection; function.--The governor (or equivalent 
        official) of a State that wishes to be awarded a grant under 
        this section shall, from among entities that are eligible under 
        paragraph (2), select an administering entity for that State, 
        which shall--
                    (A) serve as the recipient of, and administering 
                agent for, any grant awarded to the State under this 
                section;
                    (B) develop, implement, and oversee the State 
                Digital Equity Plan for the State described in 
                subsection (c);
                    (C) make subgrants to any of the entities described 
                in clauses (i) through (xi) of subsection (c)(1)(D) 
                that is located in the State in support of--
                            (i) the State Digital Equity Plan for the 
                        State; and
                            (ii) digital inclusion activities in the 
                        State generally; and
                    (D) serve as--
                            (i) an advocate for digital equity policies 
                        and digital inclusion activities; and
                            (ii) a repository of best practice 
                        materials regarding the policies and activities 
                        described in clause (i).
            (2) Eligible entities.--Any of the following entities may 
        serve as the administering entity for a State for the purposes 
        of this section if the entity has demonstrated a capacity to 
        administer the Program on a statewide level:
                    (A) The State.
                    (B) A political subdivision, agency, or 
                instrumentality of the State.
                    (C) An Indian Tribe located in the State, a 
                tribally designated entity located in the State, or a 
                Native Hawaiian organization located in the State.
    (c) State Digital Equity Plan.--
            (1) Development; contents.--A State that wishes to be 
        awarded a grant under subsection (d) shall develop a State 
        Digital Equity Plan for the State, which shall include--
                    (A) an identification of the barriers to digital 
                equity faced by covered populations in the State;
                    (B) measurable objectives for documenting and 
                promoting, among each group described in subparagraphs 
                (A) through (H) of section 31001(6) located in that 
                State--
                            (i) the availability of, and affordability 
                        of access to, broadband service and technology 
                        needed for the use of broadband service;
                            (ii) public awareness of such availability 
                        and affordability and of subsidies available to 
                        increase such affordability (including 
                        subsidies available through the Lifeline 
                        program of the Commission), including 
                        objectives to--
                                    (I) inform Medicaid enrollees and 
                                SNAP participants, and organizations 
                                that serve Medicaid enrollees and SNAP 
                                participants, of potential eligibility 
                                for the Lifeline program; and
                                    (II) provide Medicaid enrollees and 
                                SNAP participants with information 
                                about the Lifeline program, including--
                                            (aa) how to apply for the 
                                        Lifeline program; and
                                            (bb) a description of the 
                                        prohibition on more than one 
                                        subscriber in each household 
                                        receiving a service provided 
                                        under the Lifeline program;
                            (iii) the online accessibility and 
                        inclusivity of public resources and services;
                            (iv) digital literacy;
                            (v) awareness of, and the use of, measures 
                        to secure the online privacy of, and 
                        cybersecurity with respect to, an individual; 
                        and
                            (vi) the availability and affordability of 
                        consumer devices and technical support for 
                        those devices;
                    (C) an assessment of how the objectives described 
                in subparagraph (B) will impact and interact with the 
                State's--
                            (i) economic and workforce development 
                        goals, plans, and outcomes;
                            (ii) educational outcomes;
                            (iii) health outcomes;
                            (iv) civic and social engagement; and
                            (v) delivery of other essential services;
                    (D) in order to achieve the objectives described in 
                subparagraph (B), a description of how the State plans 
                to collaborate with key stakeholders in the State, 
                which may include--
                            (i) anchor institutions;
                            (ii) county and municipal governments;
                            (iii) local educational agencies;
                            (iv) where applicable, Indian Tribes, 
                        tribally designated entities, or Native 
                        Hawaiian organizations;
                            (v) nonprofit organizations;
                            (vi) organizations that represent--
                                    (I) individuals with disabilities, 
                                including organizations that represent 
                                children with disabilities;
                                    (II) aging individuals;
                                    (III) individuals with a language 
                                barrier, including individuals who--
                                            (aa) are English learners; 
                                        or
                                            (bb) have low levels of 
                                        literacy;
                                    (IV) veterans;
                                    (V) individuals residing in rural 
                                areas; and
                                    (VI) incarcerated individuals in 
                                that State, other than individuals who 
                                are incarcerated in a Federal 
                                correctional facility (including a 
                                private facility operated under 
                                contract with the Federal Government);
                            (vii) civil rights organizations;
                            (viii) entities that carry out workforce 
                        development programs;
                            (ix) agencies of the State that are 
                        responsible for administering or supervising 
                        adult education and literacy activities in the 
                        State;
                            (x) public housing agencies whose 
                        jurisdictions are located in the State; and
                            (xi) a consortium of any of the entities 
                        described in clauses (i) through (x); and
                    (E) a list of organizations with which the 
                administering entity for the State collaborated in 
                developing and implementing the Plan.
            (2) Public availability.--
                    (A) In general.--The administering entity for a 
                State shall make the State Digital Equity Plan of the 
                State available for public comment for a period of not 
                less than 30 days before the date on which the State 
                submits an application to the Assistant Secretary under 
                subsection (d)(2).
                    (B) Consideration of comments received.--The 
                administering entity for a State shall, with respect to 
                an application submitted to the Assistant Secretary 
                under subsection (d)(2)--
                            (i) before submitting the application--
                                    (I) consider all comments received 
                                during the comment period described in 
                                subparagraph (A) with respect to the 
                                application (referred to in this 
                                subparagraph as the ``comment 
                                period''); and
                                    (II) make any changes to the plan 
                                that the administering entity 
                                determines to be appropriate; and
                            (ii) when submitting the application--
                                    (I) describe any changes pursued by 
                                the administering entity in response to 
                                comments received during the comment 
                                period; and
                                    (II) include a written response to 
                                each comment received during the 
                                comment period.
            (3) Planning grants.--
                    (A) In general.--Beginning in the first fiscal year 
                that begins after the date of the enactment of this 
                Act, the Assistant Secretary shall, in accordance with 
                the requirements of this paragraph, award planning 
                grants to States for the purpose of developing the 
                State Digital Equity Plans of those States under this 
                subsection.
                    (B) Eligibility.--In order to be awarded a planning 
                grant under this paragraph, a State--
                            (i) shall submit to the Assistant Secretary 
                        an application under subparagraph (C); and
                            (ii) may not have been awarded, at any 
                        time, a planning grant under this paragraph.
                    (C) Application.--A State that wishes to be awarded 
                a planning grant under this paragraph shall, not later 
                than 60 days after the date on which the notice of 
                funding availability with respect to the grant is 
                released, submit to the Assistant Secretary an 
                application, in a format to be determined by the 
                Assistant Secretary, that contains the following 
                materials:
                            (i) A description of the entity selected to 
                        serve as the administering entity for the 
                        State, as described in subsection (b).
                            (ii) A certification from the State that, 
                        not later than 1 year after the date on which 
                        the Assistant Secretary awards the planning 
                        grant to the State, the administering entity 
                        for that State will submit to the Assistant 
                        Secretary a State Digital Equity Plan developed 
                        under this subsection, which will comply with 
                        the requirements of this subsection, including 
                        the requirements of paragraph (2).
                            (iii) The assurances required under 
                        subsection (e).
                    (D) Awards.--
                            (i) Amount of grant.--The amount of a 
                        planning grant awarded to an eligible State 
                        under this paragraph shall be determined 
                        according to the formula under subsection 
                        (d)(3)(A)(i).
                            (ii) Duration.--
                                    (I) In general.--Except as provided 
                                in subclause (II), with respect to a 
                                planning grant awarded to an eligible 
                                State under this paragraph, the State 
                                shall expend the grant funds during the 
                                1-year period beginning on the date on 
                                which the State is awarded the grant 
                                funds.
                                    (II) Exception.--The Assistant 
                                Secretary may grant an extension of not 
                                longer than 180 days with respect to 
                                the requirement under subclause (I).
                            (iii) Challenge mechanism.--The Assistant 
                        Secretary shall ensure that any eligible State 
                        to which a planning grant is awarded under this 
                        paragraph may appeal or otherwise challenge in 
                        a timely fashion the amount of the grant 
                        awarded to the State, as determined under 
                        clause (i).
                    (E) Use of funds.--An eligible State to which a 
                planning grant is awarded under this paragraph shall, 
                through the administering entity for that State, use 
                the grant funds only for the following purposes:
                            (i) To develop the State Digital Equity 
                        Plan of the State under this subsection.
                            (ii)(I) Subject to subclause (II), to make 
                        subgrants to any of the entities described in 
                        clauses (i) through (xi) of paragraph (1)(D) to 
                        assist in the development of the State Digital 
                        Equity Plan of the State under this subsection.
                            (II) If the administering entity for a 
                        State makes a subgrant described in subclause 
                        (I), the administering entity shall, with 
                        respect to the subgrant, provide to the State 
                        the assurances required under subsection (e).
    (d) State Capacity Grants.--
            (1) In general.--Beginning not later than 2 years after the 
        date on which the Assistant Secretary begins awarding planning 
        grants under subsection (c)(3), the Assistant Secretary shall 
        each year award grants to eligible States to support--
                    (A) the implementation of the State Digital Equity 
                Plans of those States; and
                    (B) digital inclusion activities in those States.
            (2) Application.--A State that wishes to be awarded a grant 
        under this subsection shall, not later than 60 days after the 
        date on which the notice of funding availability with respect 
        to the grant is released, submit to the Assistant Secretary an 
        application, in a format to be determined by the Assistant 
        Secretary, that contains the following materials:
                    (A) A description of the entity selected to serve 
                as the administering entity for the State, as described 
                in subsection (b).
                    (B) The State Digital Equity Plan of that State, as 
                described in subsection (c).
                    (C) A certification that the State, acting through 
                the administering entity for the State, shall--
                            (i) implement the State Digital Equity Plan 
                        of the State; and
                            (ii) make grants in a manner that is 
                        consistent with the aims of the Plan described 
                        in clause (i).
                    (D) The assurances required under subsection (e).
                    (E) In the case of a State to which the Assistant 
                Secretary has previously awarded a grant under this 
                subsection, any amendments to the State Digital Equity 
                Plan of that State, as compared with the State Digital 
                Equity Plan of the State previously submitted.
            (3) Awards.--
                    (A) Amount of grant.--
                            (i) Formula.--Subject to clauses (ii), 
                        (iii), and (iv), the Assistant Secretary shall 
                        calculate the amount of a grant awarded to an 
                        eligible State under this subsection in 
                        accordance with the following criteria, using 
                        the best available data for all States for the 
                        fiscal year in which the grant is awarded:
                                    (I) 50 percent of the total grant 
                                amount shall be based on the population 
                                of the eligible State in proportion to 
                                the total population of all eligible 
                                States.
                                    (II) 25 percent of the total grant 
                                amount shall be based on the number of 
                                individuals in the eligible State who 
                                are members of covered populations in 
                                proportion to the total number of 
                                individuals in all eligible States who 
                                are members of covered populations.
                                    (III) 25 percent of the total grant 
                                amount shall be based on the lack of 
                                availability of broadband service and 
                                lack of adoption of broadband service 
                                in the eligible State in proportion to 
                                the lack of availability of broadband 
                                service and lack of adoption of 
                                broadband service in all eligible 
                                States, which shall be determined 
                                according to data collected--
                                            (aa) from the annual 
                                        inquiry of the Commission 
                                        conducted under section 706(b) 
                                        of the Telecommunications Act 
                                        of 1996 (47 U.S.C. 1302(b));
                                            (bb) from the American 
                                        Community Survey or, if 
                                        necessary, other data collected 
                                        by the Bureau of the Census;
                                            (cc) from the Internet and 
                                        Computer Use Supplement to the 
                                        Current Population Survey of 
                                        the Bureau of the Census;
                                            (dd) by the Commission 
                                        pursuant to the rules issued 
                                        under section 802 of the 
                                        Communications Act of 1934 (47 
                                        U.S.C. 642); and
                                            (ee) from any other source 
                                        that the Assistant Secretary, 
                                        after appropriate notice and 
                                        opportunity for public comment, 
                                        determines to be appropriate.
                            (ii) Minimum award.--The amount of a grant 
                        awarded to an eligible State under this 
                        subsection in a fiscal year shall be not less 
                        than 0.5 percent of the total amount made 
                        available to award grants to eligible States 
                        for that fiscal year.
                            (iii) Additional amounts.--If, after 
                        awarding planning grants to States under 
                        subsection (c)(3) and capacity grants to 
                        eligible States under this subsection in a 
                        fiscal year, there are amounts remaining to 
                        carry out this section, the Assistant Secretary 
                        shall distribute those amounts--
                                    (I) to eligible States to which the 
                                Assistant Secretary has awarded grants 
                                under this subsection for that fiscal 
                                year; and
                                    (II) in accordance with the formula 
                                described in clause (i).
                            (iv) Data unavailable.--If, in a fiscal 
                        year, the Commonwealth of Puerto Rico (referred 
                        to in this clause as ``Puerto Rico'') is an 
                        eligible State and specific data for Puerto 
                        Rico is unavailable for a factor described in 
                        subclause (I), (II), or (III) of clause (i), 
                        the Assistant Secretary shall use the median 
                        data point with respect to that factor among 
                        all eligible States and assign it to Puerto 
                        Rico for the purposes of making any calculation 
                        under that clause for that fiscal year.
                    (B) Duration.--With respect to a grant awarded to 
                an eligible State under this subsection, the eligible 
                State shall expend the grant funds during the 5-year 
                period beginning on the date on which the eligible 
                State is awarded the grant funds.
                    (C) Challenge mechanism.--The Assistant Secretary 
                shall ensure that any eligible State to which a grant 
                is awarded under this subsection may appeal or 
                otherwise challenge in a timely fashion the amount of 
                the grant awarded to the State, as determined under 
                subparagraph (A).
                    (D) Use of funds.--The administering entity for an 
                eligible State to which a grant is awarded under this 
                subsection shall use the grant amounts for the 
                following purposes:
                            (i)(I) Subject to subclause (II), to update 
                        or maintain the State Digital Equity Plan of 
                        the State.
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 20 
                        percent of the amount of the grant for the 
                        purpose described in subclause (I).
                            (ii) To implement the State Digital Equity 
                        Plan of the State.
                            (iii)(I) Subject to subclause (II), to 
                        award a grant to any entity that is described 
                        in section 31122(b) and is located in the 
                        eligible State in order to--
                                    (aa) assist in the implementation 
                                of the State Digital Equity Plan of the 
                                State;
                                    (bb) pursue digital inclusion 
                                activities in the State consistent with 
                                the State Digital Equity Plan of the 
                                State; and
                                    (cc) report to the State regarding 
                                the digital inclusion activities of the 
                                entity.
                            (II) Before an administering entity for an 
                        eligible State may award a grant under 
                        subclause (I), the administering entity shall 
                        require the entity to which the grant is 
                        awarded to certify that--
                                    (aa) the entity shall carry out the 
                                activities required under items (aa), 
                                (bb), and (cc) of that subclause;
                                    (bb) the receipt of the grant shall 
                                not result in unjust enrichment of the 
                                entity; and
                                    (cc) the entity shall cooperate 
                                with any evaluation--
                                            (AA) of any program that 
                                        relates to a grant awarded to 
                                        the entity; and
                                            (BB) that is carried out by 
                                        or for the administering 
                                        entity, the Assistant 
                                        Secretary, or another Federal 
                                        official.
                            (iv)(I) Subject to subclause (II), to 
                        evaluate the efficacy of the efforts funded by 
                        grants made under clause (iii).
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 5 
                        percent of the amount of the grant for a 
                        purpose described in subclause (I).
                            (v)(I) Subject to subclause (II), for the 
                        administrative costs incurred in carrying out 
                        the activities described in clauses (i) through 
                        (iv).
                            (II) An administering entity for an 
                        eligible State to which a grant is awarded 
                        under this subsection may use not more than 3 
                        percent of the amount of the grant for the 
                        purpose described in subclause (I).
    (e) Assurances.--When applying for a grant under this section, a 
State shall include in the application for that grant assurances that--
            (1) if any of the entities described in clauses (i) through 
        (xi) of subsection (c)(1)(D) or section 31122(b) is awarded 
        grant funds under this section (referred to in this subsection 
        as a ``covered recipient''), provide that--
                    (A) the covered recipient shall use the grant funds 
                in accordance with any applicable statute, regulation, 
                or application procedure;
                    (B) the administering entity for that State shall 
                adopt and use proper methods of administering any grant 
                that the covered recipient is awarded, including by--
                            (i) enforcing any obligation imposed under 
                        law on any agency, institution, organization, 
                        or other entity that is responsible for 
                        carrying out the program to which the grant 
                        relates;
                            (ii) correcting any deficiency in the 
                        operation of a program to which the grant 
                        relates, as identified through an audit or 
                        another monitoring or evaluation procedure; and
                            (iii) adopting written procedures for the 
                        receipt and resolution of complaints alleging a 
                        violation of law with respect to a program to 
                        which the grant relates; and
                    (C) the administering entity for that State shall 
                cooperate in carrying out any evaluation--
                            (i) of any program that relates to a grant 
                        awarded to the covered recipient; and
                            (ii) that is carried out by or for the 
                        Assistant Secretary or another Federal 
                        official;
            (2) the administering entity for that State shall--
                    (A) use fiscal control and fund accounting 
                procedures that ensure the proper disbursement of, and 
                accounting for, any Federal funds that the State is 
                awarded under this section;
                    (B) submit to the Assistant Secretary any reports 
                that may be necessary to enable the Assistant Secretary 
                to perform the duties of the Assistant Secretary under 
                this section;
                    (C) maintain any records and provide any 
                information to the Assistant Secretary, including those 
                records, that the Assistant Secretary determines is 
                necessary to enable the Assistant Secretary to perform 
                the duties of the Assistant Secretary under this 
                section; and
                    (D) with respect to any significant proposed change 
                or amendment to the State Digital Equity Plan for the 
                State, make the change or amendment available for 
                public comment in accordance with subsection (c)(2); 
                and
            (3) the State, before submitting to the Assistant Secretary 
        the State Digital Equity Plan of the State, has complied with 
        the requirements of subsection (c)(2).
    (f) Termination of Grant.--
            (1) In general.--In addition to other authority under 
        applicable law, the Assistant Secretary shall terminate a grant 
        awarded to an eligible State under this section if, after 
        notice to the State and opportunity for a hearing, the 
        Assistant Secretary determines, and presents to the State a 
        rationale and supporting information that clearly demonstrates, 
        that--
                    (A) the grant funds are not contributing to the 
                development or implementation of the State Digital 
                Equity Plan of the State, as applicable;
                    (B) the State is not upholding assurances made by 
                the State to the Assistant Secretary under subsection 
                (e); or
                    (C) the grant is no longer necessary to achieve the 
                original purpose for which the Assistant Secretary 
                awarded the grant.
            (2) Redistribution.--If the Assistant Secretary, in a 
        fiscal year, terminates a grant under paragraph (1) or under 
        other authority under applicable law, the Assistant Secretary 
        shall redistribute the unspent grant amounts--
                    (A) to eligible States to which the Assistant 
                Secretary has awarded grants under subsection (d) for 
                that fiscal year; and
                    (B) in accordance with the formula described in 
                subsection (d)(3)(A)(i).
    (g) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) require any entity to which a grant, including 
                a subgrant, is awarded under this section to publicly 
                report, for each year during the period described in 
                subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, 
                with respect to the grant, and in a format specified by 
                the Assistant Secretary, on--
                            (i) the use of that grant by the entity;
                            (ii) the progress of the entity towards 
                        fulfilling the objectives for which the grant 
                        was awarded; and
                            (iii) the implementation of the State 
                        Digital Equity Plan of the State;
                    (B) establish appropriate mechanisms to ensure that 
                any entity to which a grant, including a subgrant, is 
                awarded under this section--
                            (i) uses the grant amounts in an 
                        appropriate manner; and
                            (ii) complies with all terms with respect 
                        to the use of the grant amounts; and
                    (C) create and maintain a fully searchable 
                database, which shall be accessible on the internet at 
                no cost to the public, that contains, at a minimum--
                            (i) the application of each State that has 
                        applied for a grant under this section;
                            (ii) the status of each application 
                        described in clause (i);
                            (iii) each report submitted by an entity 
                        under subparagraph (A);
                            (iv) a record of public comments received 
                        during the comment period described in 
                        subsection (c)(2)(A) regarding the State 
                        Digital Equity Plan of a State, as well as any 
                        written responses to or actions taken as a 
                        result of those comments; and
                            (v) any other information that the 
                        Assistant Secretary considers appropriate to 
                        ensure that the public has sufficient 
                        information to understand and monitor grants 
                        awarded under this section; and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under this section.
    (h) Supplement Not Supplant.--A grant or subgrant awarded under 
this section shall supplement, not supplant, other Federal or State 
funds that have been made available to carry out activities described 
in this section.
    (i) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
            (1) not more than 5 percent for the implementation and 
        administration of the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to--
                            (i) States, or administering entities for 
                        States, to prepare the applications of those 
                        States; and
                            (ii) administering entities with respect to 
                        grants awarded under this section;
                    (C) developing the report required under section 
                31123(a); and
                    (D) providing assistance specific to Indian Tribes, 
                tribally designated entities, and Native Hawaiian 
                organizations, including--
                            (i) conducting annual outreach to Indian 
                        Tribes and Native Hawaiian organizations on the 
                        availability of technical assistance for 
                        applying for or otherwise participating in the 
                        Program;
                            (ii) providing technical assistance at the 
                        request of any Indian Tribe, tribally 
                        designated entity, or Native Hawaiian 
                        organization that is applying for or 
                        participating in the Program in order to 
                        facilitate the fulfillment of any applicable 
                        requirements in subsections (c) and (d); and
                            (iii) providing additional technical 
                        assistance at the request of any Indian Tribe, 
                        tribally designated entity, or Native Hawaiian 
                        organization that is applying for or 
                        participating in the Program to improve the 
                        development or implementation of a Digital 
                        Equity plan, such as--
                                    (I) assessing all Federal programs 
                                that are available to assist the Indian 
                                Tribe, tribally designated entity, or 
                                Native Hawaiian organization in meeting 
                                the goals of a Digital Equity plan;
                                    (II) identifying all applicable 
                                Federal, State, and Tribal statutory 
                                provisions, regulations, policies, and 
                                procedures that the Assistant Secretary 
                                determines are necessary to adhere to 
                                for the deployment of broadband 
                                service;
                                    (III) identifying obstacles to the 
                                deployment of broadband service under a 
                                Digital Equity plan, as well as 
                                potential solutions; or
                                    (IV) identifying activities that 
                                may be necessary to the success of a 
                                Digital Equity plan, including digital 
                                literacy training, technical support, 
                                privacy and cybersecurity expertise, 
                                and other end-user technology needs; 
                                and
            (2) not less than 5 percent to award grants directly to 
        Indian Tribes, tribally designated entities, and Native 
        Hawaiian organizations to allow those Tribes, entities, and 
        organizations to carry out the activities described in this 
        section.
    (j) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (k) Appropriation.--There are appropriated to the Assistant 
Secretary, out of any money in the Treasury not otherwise 
appropriated--
            (1) for the award of grants under subsection (c)(3), 
        $60,000,000 for fiscal year 2021, to remain available until 
        expended; and
            (2) for the award of grants under subsection (d)--
                    (A) $125,000,000 for fiscal year 2021, to remain 
                available until expended;
                    (B) $125,000,000 for fiscal year 2022, to remain 
                available until expended;
                    (C) $125,000,000 for fiscal year 2023, to remain 
                available until expended;
                    (D) $125,000,000 for fiscal year 2024, to remain 
                available until expended; and
                    (E) $125,000,000 for fiscal year 2025, to remain 
                available until expended.

SEC. 31122. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.

    (a) Establishment.--
            (1) In general.--Not later than 30 days after the date on 
        which the Assistant Secretary begins awarding grants under 
        section 31121(d), and not before that date, the Assistant 
        Secretary shall establish in the Office the Digital Equity 
        Competitive Grant Program (referred to in this section as the 
        ``Program''), the purpose of which is to award grants to 
        support efforts to achieve digital equity, promote digital 
        inclusion activities, and spur greater adoption of broadband 
        service among covered populations.
            (2) Consultation; no conflict.--In establishing the Program 
        under paragraph (1), the Assistant Secretary--
                    (A) may consult a State with respect to--
                            (i) the identification of groups described 
                        in subparagraphs (A) through (H) of section 
                        31001(6) located in that State; and
                            (ii) the allocation of grant funds within 
                        that State for projects in or affecting the 
                        State; and
                    (B) shall--
                            (i) consult with--
                                    (I) the Secretary of Agriculture;
                                    (II) the Secretary of Housing and 
                                Urban Development;
                                    (III) the Secretary of Education;
                                    (IV) the Secretary of Labor;
                                    (V) the Secretary of Health and 
                                Human Services;
                                    (VI) the Secretary of Veterans 
                                Affairs;
                                    (VII) the Secretary of the 
                                Interior;
                                    (VIII) the Assistant Secretary for 
                                Indian Affairs of the Department of the 
                                Interior;
                                    (IX) the Commission;
                                    (X) the Federal Trade Commission;
                                    (XI) the Director of the Institute 
                                of Museum and Library Services;
                                    (XII) the Administrator of the 
                                Small Business Administration;
                                    (XIII) the Federal Cochairman of 
                                the Appalachian Regional Commission; 
                                and
                                    (XIV) the head of any other Federal 
                                agency that the Assistant Secretary 
                                determines to be appropriate; and
                            (ii) ensure that the Program complements 
                        and enhances, and does not conflict with, other 
                        Federal broadband service support programs and 
                        Universal Service Fund programs.
    (b) Eligibility.--The Assistant Secretary may award a grant under 
the Program to any of the following entities if the entity is not 
serving, and has not served, as the administering entity for a State 
under section 31121(b):
            (1) A political subdivision, agency, or instrumentality of 
        a State, including an agency of a State that is responsible for 
        administering or supervising adult education and literacy 
        activities in the State.
            (2) An Indian Tribe, a tribally designated entity, or a 
        Native Hawaiian organization.
            (3) An entity that is--
                    (A) a not-for-profit entity; and
                    (B) not a school.
            (4) An anchor institution.
            (5) A local educational agency.
            (6) An entity that carries out a workforce development 
        program.
            (7) A consortium of any of the entities described in 
        paragraphs (1) through (6).
            (8) A consortium of--
                    (A) an entity described in any of paragraphs (1) 
                through (6); and
                    (B) an entity that--
                            (i) the Assistant Secretary, by rule, 
                        determines to be in the public interest; and
                            (ii) is not a school.
    (c) Application.--An entity that wishes to be awarded a grant under 
the Program shall submit to the Assistant Secretary an application--
            (1) at such time, in such form, and containing such 
        information as the Assistant Secretary may require; and
            (2) that--
                    (A) provides a detailed explanation of how the 
                entity will use any grant amounts awarded under the 
                Program to carry out the purposes of the Program in an 
                efficient and expeditious manner;
                    (B) identifies the period in which the applicant 
                will expend the grant funds awarded under the Program;
                    (C) includes--
                            (i) a justification for the amount of the 
                        grant that the applicant is requesting; and
                            (ii) for each fiscal year in which the 
                        applicant will expend the grant funds, a budget 
                        for the activities that the grant funds will 
                        support;
                    (D) demonstrates to the satisfaction of the 
                Assistant Secretary that the entity--
                            (i) is capable of carrying out the project 
                        or function to which the application relates 
                        and the activities described in subsection 
                        (h)--
                                    (I) in a competent manner; and
                                    (II) in compliance with all 
                                applicable Federal, State, and local 
                                laws; and
                            (ii) if the applicant is an entity 
                        described in subsection (b)(1), will 
                        appropriate or otherwise unconditionally 
                        obligate from non-Federal sources funds that 
                        are necessary to meet the requirements of 
                        subsection (e);
                    (E) discloses to the Assistant Secretary the source 
                and amount of other Federal, State, or outside funding 
                sources from which the entity receives, or has applied 
                for, funding for activities or projects to which the 
                application relates; and
                    (F) provides--
                            (i) the assurances that are required under 
                        subsection (f); and
                            (ii) an assurance that the entity shall 
                        follow such additional procedures as the 
                        Assistant Secretary may require to ensure that 
                        grant funds are used and accounted for in an 
                        appropriate manner.
    (d) Award of Grants.--
            (1) Factors considered in award of grants.--In deciding 
        whether to award a grant under the Program, the Assistant 
        Secretary shall, to the extent practicable, consider--
                    (A) whether--
                            (i) an application will, if approved--
                                    (I) increase access to broadband 
                                service and the adoption of broadband 
                                service among covered populations to be 
                                served by the applicant; and
                                    (II) not result in unjust 
                                enrichment; and
                            (ii) the applicant is, or plans to 
                        subcontract with, a socially and economically 
                        disadvantaged small business concern;
                    (B) the comparative geographic diversity of the 
                application in relation to other eligible applications; 
                and
                    (C) the extent to which an application may 
                duplicate or conflict with another program.
            (2) Use of funds.--
                    (A) In general.--In addition to the activities 
                required under subparagraph (B), an entity to which the 
                Assistant Secretary awards a grant under the Program 
                shall use the grant amounts to support not less than 
                one of the following activities:
                            (i) To develop and implement digital 
                        inclusion activities that benefit covered 
                        populations.
                            (ii) To facilitate the adoption of 
                        broadband service by covered populations, 
                        including by raising awareness of subsidies 
                        available to increase affordability of such 
                        service (including subsidies available through 
                        the Lifeline program of the Commission), in 
                        order to provide educational and employment 
                        opportunities to those populations.
                            (iii) To implement, consistent with the 
                        purposes of this chapter--
                                    (I) training programs for covered 
                                populations that cover basic, advanced, 
                                and applied skills; or
                                    (II) other workforce development 
                                programs.
                            (iv) To make available equipment, 
                        instrumentation, networking capability, 
                        hardware and software, or digital network 
                        technology for broadband service to covered 
                        populations at low or no cost.
                            (v) To construct, upgrade, expend, or 
                        operate new or existing public access computing 
                        centers for covered populations through anchor 
                        institutions.
                            (vi) To undertake any other project or 
                        activity that the Assistant Secretary finds to 
                        be consistent with the purposes for which the 
                        Program is established.
                    (B) Evaluation.--
                            (i) In general.--An entity to which the 
                        Assistant Secretary awards a grant under the 
                        Program shall use not more than 10 percent of 
                        the grant amounts to measure and evaluate the 
                        activities supported with the grant amounts.
                            (ii) Submission to assistant secretary.--An 
                        entity to which the Assistant Secretary awards 
                        a grant under the Program shall submit to the 
                        Assistant Secretary each measurement and 
                        evaluation performed under clause (i)--
                                    (I) in a manner specified by the 
                                Assistant Secretary;
                                    (II) not later than 15 months after 
                                the date on which the entity is awarded 
                                the grant amounts; and
                                    (III) annually after the submission 
                                described in subclause (II) for any 
                                year in which the entity expends grant 
                                amounts.
                    (C) Administrative costs.--An entity to which the 
                Assistant Secretary awards a grant under the Program 
                may use not more than 10 percent of the amount of the 
                grant for administrative costs in carrying out any of 
                the activities described in subparagraph (A).
                    (D) Time limitations.--With respect to a grant 
                awarded to an entity under the Program, the entity--
                            (i) except as provided in clause (ii), 
                        shall expend the grant amounts during the 4-
                        year period beginning on the date on which the 
                        entity is awarded the grant amounts; and
                            (ii) during the 1-year period beginning on 
                        the date that is 4 years after the date on 
                        which the entity is awarded the grant amounts, 
                        may continue to measure and evaluate the 
                        activities supported with the grant amounts, as 
                        required under subparagraph (B).
                    (E) Contracting requirements.--All laborers and 
                mechanics employed by contractors or subcontractors in 
                the performance of construction, alteration, or repair 
                work carried out, in whole or in part, with a grant 
                under the Program shall be paid wages at rates not less 
                than those prevailing on projects of a similar 
                character in the locality as determined by the 
                Secretary of Labor in accordance with subchapter IV of 
                chapter 31 of title 40, United States Code. With 
                respect to the labor standards in this subparagraph, 
                the Secretary of Labor shall have the authority and 
                functions set forth in Reorganization Plan Numbered 14 
                of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 
                of title 40, United States Code.
                    (F) Neutrality requirement.--An employer to which 
                the Assistant Secretary awards a grant under the 
                Program shall remain neutral with respect to the 
                exercise of employees and labor organizations of the 
                right to organize and bargain under the National Labor 
                Relations Act (29 U.S.C. 151 et seq.).
                    (G) Referral of alleged violations of applicable 
                federal labor and employment laws.--The Assistant 
                Secretary shall refer any alleged violation of an 
                applicable labor and employment law to the appropriate 
                Federal agency for investigation and enforcement, any 
                alleged violation of subparagraph (E) or (F) to the 
                National Labor Relations Board for investigation and 
                enforcement, utilizing all appropriate remedies up to 
                and including debarment from the Program.
    (e) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal share of any project for which the Assistant Secretary 
        awards a grant under the Program may not exceed 90 percent.
            (2) Exception.--The Assistant Secretary may grant a waiver 
        with respect to the limitation on the Federal share of a 
        project described in paragraph (1) if--
                    (A) the applicant with respect to the project 
                petitions the Assistant Secretary for the waiver; and
                    (B) the Assistant Secretary determines that the 
                petition described in subparagraph (A) demonstrates 
                financial need.
    (f) Assurances.--When applying for a grant under this section, an 
entity shall include in the application for that grant assurances that 
the entity will--
            (1) use any grant funds that the entity is awarded in 
        accordance with any applicable statute, regulation, or 
        application procedure;
            (2) adopt and use proper methods of administering any grant 
        that the entity is awarded, including by--
                    (A) enforcing any obligation imposed under law on 
                any agency, institution, organization, or other entity 
                that is responsible for carrying out a program to which 
                the grant relates;
                    (B) correcting any deficiency in the operation of a 
                program to which the grant relates, as identified 
                through an audit or another monitoring or evaluation 
                procedure; and
                    (C) adopting written procedures for the receipt and 
                resolution of complaints alleging a violation of law 
                with respect to a program to which the grant relates;
            (3) cooperate with respect to any evaluation--
                    (A) of any program that relates to a grant awarded 
                to the entity; and
                    (B) that is carried out by or for the Assistant 
                Secretary or another Federal official;
            (4) use fiscal control and fund accounting procedures that 
        ensure the proper disbursement of, and accounting for, any 
        Federal funds that the entity is awarded under the Program;
            (5) submit to the Assistant Secretary any reports that may 
        be necessary to enable the Assistant Secretary to perform the 
        duties of the Assistant Secretary under the Program; and
            (6) maintain any records and provide any information to the 
        Assistant Secretary, including those records, that the 
        Assistant Secretary determines is necessary to enable the 
        Assistant Secretary to perform the duties of the Assistant 
        Secretary under the Program.
    (g) Termination of Grant.--In addition to other authority under 
applicable law, the Assistant Secretary shall--
            (1) terminate a grant awarded to an entity under this 
        section if, after notice to the entity and opportunity for a 
        hearing, the Assistant Secretary determines, and presents to 
        the entity a rationale and supporting information that clearly 
        demonstrates, that--
                    (A) the grant funds are not being used in a manner 
                that is consistent with the application with respect to 
                the grant submitted by the entity under subsection (c);
                    (B) the entity is not upholding assurances made by 
                the entity to the Assistant Secretary under subsection 
                (f); or
                    (C) the grant is no longer necessary to achieve the 
                original purpose for which the Assistant Secretary 
                awarded the grant; and
            (2) with respect to any grant funds that the Assistant 
        Secretary terminates under paragraph (1) or under other 
        authority under applicable law, competitively award the grant 
        funds to another applicant (if such an applicant exists), 
        consistent with the requirements of this section.
    (h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
            (1) shall--
                    (A) require any entity to which the Assistant 
                Secretary awards a grant under the Program to, for each 
                year during the period described in clause (i) of 
                subsection (d)(2)(D) with respect to the grant and 
                during the period described in clause (ii) of such 
                subsection with respect to the grant if the entity 
                continues to measure and evaluate the activities 
                supported with the grant amounts during such period, 
                submit to the Assistant Secretary a report, in a format 
                specified by the Assistant Secretary, regarding--
                            (i) the use by the entity of the grant 
                        amounts; and
                            (ii) the progress of the entity towards 
                        fulfilling the objectives for which the grant 
                        was awarded;
                    (B) establish mechanisms to ensure appropriate use 
                of, and compliance with respect to all terms regarding, 
                grant funds awarded under the Program;
                    (C) create and maintain a fully searchable 
                database, which shall be accessible on the internet at 
                no cost to the public, that contains, at a minimum--
                            (i) a list of each entity that has applied 
                        for a grant under the Program;
                            (ii) a description of each application 
                        described in clause (i), including the proposed 
                        purpose of each grant described in that clause;
                            (iii) the status of each application 
                        described in clause (i), including whether the 
                        Assistant Secretary has awarded a grant with 
                        respect to the application and, if so, the 
                        amount of the grant;
                            (iv) each report submitted by an entity 
                        under subparagraph (A); and
                            (v) any other information that the 
                        Assistant Secretary considers appropriate to 
                        ensure that the public has sufficient 
                        information to understand and monitor grants 
                        awarded under the Program; and
                    (D) ensure that any entity with respect to which an 
                award is terminated under subsection (g) may, in a 
                timely manner, appeal or otherwise challenge that 
                termination; and
            (2) may establish additional reporting and information 
        requirements for any recipient of a grant under the Program.
    (i) Supplement Not Supplant.--A grant awarded to an entity under 
the Program shall supplement, not supplant, other Federal or State 
funds that have been made available to the entity to carry out 
activities described in this section.
    (j) Set Asides.--From amounts made available in a fiscal year to 
carry out the Program, the Assistant Secretary shall reserve--
            (1) not more than 5 percent for the implementation and 
        administration of the Program, which shall include--
                    (A) providing technical support and assistance, 
                including ensuring consistency in data reporting;
                    (B) providing assistance to entities to prepare the 
                applications of those entities with respect to grants 
                awarded under this section;
                    (C) developing the report required under section 
                31123(a); and
                    (D) conducting outreach to entities that may be 
                eligible to be awarded a grant under the Program 
                regarding opportunities to apply for such a grant; and
            (2) not less than 5 percent to award grants directly to 
        Indian Tribes, tribally designated entities, and Native 
        Hawaiian organizations to allow those Tribes, entities, and 
        organizations to carry out the activities described in this 
        section.
    (k) Rules.--The Assistant Secretary may prescribe such rules as may 
be necessary to carry out this section.
    (l) Appropriation.--There are appropriated to the Assistant 
Secretary, out of any money in the Treasury not otherwise appropriated, 
$625,000,000 to carry out this section for fiscal year 2021, to remain 
available until expended.

SEC. 31123. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING, 
              EVALUATION, AND DISSEMINATION.

    (a) Reporting Requirements.--
            (1) In general.--Not later than 1 year after the date on 
        which the Assistant Secretary begins awarding grants under 
        section 31121(d), and annually thereafter, the Assistant 
        Secretary shall--
                    (A) submit to the appropriate committees of 
                Congress a report that documents, for the year covered 
                by the report--
                            (i) the findings of each evaluation 
                        conducted under subparagraph (B);
                            (ii) a list of each grant awarded under 
                        each covered program, which shall include--
                                    (I) the amount of each such grant;
                                    (II) the recipient of each such 
                                grant; and
                                    (III) the purpose for which each 
                                such grant was awarded;
                            (iii) any termination or modification of a 
                        grant awarded under the covered programs, which 
                        shall include a description of the subsequent 
                        usage of any funds to which such an action 
                        applies; and
                            (iv) each challenge made by an applicant 
                        for, or a recipient of, a grant under the 
                        covered programs and the outcome of each such 
                        challenge; and
                    (B) conduct evaluations of the activities carried 
                out under the covered programs, which shall include an 
                evaluation of--
                            (i) whether eligible States to which grants 
                        are awarded under the program established under 
                        section 31121 are--
                                    (I) abiding by the assurances made 
                                by those States under subsection (e) of 
                                that section;
                                    (II) meeting, or have met, the 
                                stated goals of the State Digital 
                                Equity Plans developed by the States 
                                under subsection (c) of that section;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those States under subsection (g) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program; and
                            (ii) whether entities to which grants are 
                        awarded under the program established under 
                        section 31122 are--
                                    (I) abiding by the assurances made 
                                by those entities under subsection (f) 
                                of that section;
                                    (II) meeting, or have met, the 
                                stated goals of those entities with 
                                respect to the use of the grant 
                                amounts;
                                    (III) satisfying the requirements 
                                imposed by the Assistant Secretary on 
                                those entities under subsection (h) of 
                                that section; and
                                    (IV) in compliance with any other 
                                rules, requirements, or regulations 
                                promulgated by the Assistant Secretary 
                                in implementing that program.
            (2) Public availability.--The Assistant Secretary shall 
        make each report submitted under paragraph (1)(A) publicly 
        available in an online format that--
                    (A) facilitates access and ease of use;
                    (B) is searchable; and
                    (C) is accessible--
                            (i) to individuals with disabilities; and
                            (ii) in languages other than English.
    (b) Authority To Contract and Enter Into Other Arrangements.--The 
Assistant Secretary may award grants and enter into contracts, 
cooperative agreements, and other arrangements with Federal agencies, 
public and private organizations, and other entities with expertise 
that the Assistant Secretary determines appropriate in order to--
            (1) evaluate the impact and efficacy of activities 
        supported by grants awarded under the covered programs; and
            (2) develop, catalog, disseminate, and promote the exchange 
        of best practices, both with respect to and independent of the 
        covered programs, in order to achieve digital equity.
    (c) Consultation and Public Engagement.--In carrying out subsection 
(a), and to further the objectives described in paragraphs (1) and (2) 
of subsection (b), the Assistant Secretary shall conduct ongoing 
collaboration and consult with--
            (1) the Secretary of Agriculture;
            (2) the Secretary of Housing and Urban Development;
            (3) the Secretary of Education;
            (4) the Secretary of Labor;
            (5) the Secretary of Health and Human Services;
            (6) the Secretary of Veterans Affairs;
            (7) the Secretary of the Interior;
            (8) the Assistant Secretary for Indian Affairs of the 
        Department of the Interior;
            (9) the Commission;
            (10) the Federal Trade Commission;
            (11) the Director of the Institute of Museum and Library 
        Services;
            (12) the Administrator of the Small Business 
        Administration;
            (13) the Federal Cochairman of the Appalachian Regional 
        Commission;
            (14) State agencies and governors of States (or equivalent 
        officials);
            (15) entities serving as administering entities for States 
        under section 31121(b);
            (16) national, State, Tribal, and local organizations that 
        conduct digital inclusion activities, promote digital equity, 
        or provide digital literacy services;
            (17) researchers, academics, and philanthropic 
        organizations; and
            (18) other agencies, organizations (including international 
        organizations), entities (including entities with expertise in 
        the fields of data collection, analysis and modeling, and 
        evaluation), and community stakeholders, as determined 
        appropriate by the Assistant Secretary.
    (d) Technical Support and Assistance.--The Assistant Secretary 
shall provide technical support and assistance to potential applicants 
for the covered programs and entities awarded grants under the covered 
programs, to ensure consistency in data reporting and to meet the 
objectives of this section.

SEC. 31124. GENERAL PROVISIONS.

    (a) Nondiscrimination.--
            (1) In general.--No individual in the United States may, on 
        the basis of actual or perceived race, color, religion, 
        national origin, sex, gender identity, sexual orientation, age, 
        or disability, be excluded from participation in, be denied the 
        benefits of, or be subjected to discrimination under any 
        program or activity that is funded in whole or in part with 
        funds made available under this chapter.
            (2) Enforcement.--The Assistant Secretary shall effectuate 
        paragraph (1) with respect to any program or activity described 
        in that paragraph by issuing regulations and taking actions 
        consistent with section 602 of the Civil Rights Act of 1964 (42 
        U.S.C. 2000d-1).
            (3) Judicial review.--Judicial review of an action taken by 
        the Assistant Secretary under paragraph (2) shall be available 
        to the extent provided in section 603 of the Civil Rights Act 
        of 1964 (42 U.S.C. 2000d-2).
    (b) Technological Neutrality.--The Assistant Secretary shall, to 
the extent practicable, carry out this chapter in a technologically 
neutral manner.
    (c) Audit and Oversight.--There are appropriated to the Office of 
Inspector General of the Department of Commerce, out of any money in 
the Treasury not otherwise appropriated, for audits and oversight of 
funds made available to carry out this chapter, $5,000,000 for fiscal 
year 2021, to remain available until expended.

         CHAPTER 3--BROADBAND SERVICE FOR LOW-INCOME CONSUMERS

SEC. 31141. ADDITIONAL BROADBAND BENEFIT.

    (a) Promulgation of Regulations Required.--Not later than 180 days 
after the date of the enactment of this Act, the Commission shall 
promulgate regulations implementing this section.
    (b) Requirements.--The regulations promulgated pursuant to 
subsection (a) shall establish the following:
            (1) Broadband benefit.--A provider shall provide an 
        eligible household with an internet service offering, upon 
        request by a member of such household. Such provider shall 
        discount the price charged to such household for such internet 
        service offering in an amount equal to the broadband benefit 
        for such household.
            (2) Verification of eligibility.--To verify whether a 
        household is an eligible household, a provider shall either--
                    (A) use the National Lifeline Eligibility Verifier; 
                or
                    (B) rely upon an alternative verification process 
                of the provider, if the Commission finds such process 
                to be sufficient to avoid waste, fraud, and abuse.
            (3) Use of national lifeline eligibility verifier.--The 
        Commission shall--
                    (A) expedite the ability of all providers to access 
                the National Lifeline Eligibility Verifier for purposes 
                of determining whether a household is an eligible 
                household; and
                    (B) ensure that the National Lifeline Eligibility 
                Verifier approves an eligible household to receive the 
                broadband benefit not later than ten days after the 
                date of the submission of information necessary to 
                determine if such household is an eligible household.
            (4) Reimbursement.--From the Broadband Connectivity Fund 
        established in subsection (g), the Commission shall reimburse a 
        provider in an amount equal to the broadband benefit with 
        respect to an eligible household that receives such benefit 
        from such provider.
            (5) Reimbursement for connected device.--A provider that, 
        in addition to providing the broadband benefit to an eligible 
        household, supplies such household with a connected device may 
        be reimbursed up to $100 from the Broadband Connectivity Fund 
        established in subsection (g) for such connected device, if the 
        charge to such eligible household is more than $10 but less 
        than $50 for such connected device, except that a provider may 
        receive reimbursement for no more than one connected device per 
        eligible household.
            (6) Certification required.--To receive a reimbursement 
        under paragraph (4) or (5), a provider shall certify to the 
        Commission the following:
                    (A) That the amount for which the provider is 
                seeking reimbursement from the Broadband Connectivity 
                Fund for an internet service offering to an eligible 
                household is not more than the normal rate.
                    (B) That each eligible household for which the 
                provider is seeking reimbursement for providing an 
                internet service offering discounted by the broadband 
                benefit--
                            (i) has not been and will not be charged--
                                    (I) for such offering, if the 
                                normal rate for such offering is less 
                                than or equal to the amount of the 
                                broadband benefit for such household; 
                                or
                                    (II) more for such offering than 
                                the difference between the normal rate 
                                for such offering and the amount of the 
                                broadband benefit for such household;
                            (ii) will not be required to pay an early 
                        termination fee if such eligible household 
                        elects to enter into a contract to receive such 
                        internet service offering if such household 
                        later terminates such contract; and
                            (iii) was not subject to a mandatory 
                        waiting period for such internet service 
                        offering based on having previously received 
                        broadband service from such provider.
                    (C) That each eligible household for which the 
                provider is seeking reimbursement for supplying such 
                household with a connected device has not been and will 
                not be charged $10 or less or $50 or more for such 
                device.
                    (D) A description of the process used by the 
                provider to verify that a household is an eligible 
                household, if the provider elects an alternative 
                verification process under paragraph (2)(B), and that 
                such verification process was designed to avoid waste, 
                fraud, and abuse.
            (7) Audit requirements.--The Commission shall adopt audit 
        requirements to ensure that providers are in compliance with 
        the requirements of this section and to prevent waste, fraud, 
        and abuse in the broadband benefit program established under 
        this section.
    (c) Eligible Providers.--Notwithstanding subsection (e) of this 
section, the Commission shall provide a reimbursement to a provider 
under this section without requiring such provider to be designated as 
an eligible telecommunications carrier under section 214(e) of the 
Communications Act of 1934 (47 U.S.C. 214(e)).
    (d) Rule of Construction.--Nothing in this section shall affect the 
collection, distribution, or administration of the Lifeline Assistance 
Program governed by the rules set forth in subpart E of part 54 of 
title 47, Code of Federal Regulations (or any successor regulation).
    (e) Part 54 Regulations.--Nothing in this section shall be 
construed to prevent the Commission from providing that the regulations 
in part 54 of title 47, Code of Federal Regulations (or any successor 
regulation), shall apply in whole or in part to support provided under 
the regulations required by subsection (a), shall not apply in whole or 
in part to such support, or shall be modified in whole or in part for 
purposes of application to such support.
    (f) Enforcement.--A violation of this section or a regulation 
promulgated under this section, including the knowing or reckless 
denial of an internet service offering discounted by the broadband 
benefit to an eligible household that requests such an offering, shall 
be treated as a violation of the Communications Act of 1934 (47 U.S.C. 
151 et seq.) or a regulation promulgated under such Act. The Commission 
shall enforce this section and the regulations promulgated under this 
section in the same manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all applicable terms and 
provisions of the Communications Act of 1934 were incorporated into and 
made a part of this section.
    (g) Broadband Connectivity Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the Broadband 
        Connectivity Fund.
            (2) Appropriation.--There are appropriated to the Broadband 
        Connectivity Fund, out of any money in the Treasury not 
        otherwise appropriated, $9,000,000,000 for fiscal year 2021, to 
        remain available until expended.
            (3) Use of funds.--Amounts in the Broadband Connectivity 
        Fund shall be available to the Commission for reimbursements to 
        providers under the regulations required by subsection (a).
            (4) Relationship to universal service contributions.--
        Reimbursements provided under the regulations required by 
        subsection (a) shall be provided from amounts made available 
        under this subsection and not from contributions under section 
        254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)), 
        except the Commission may use such contributions if needed to 
        offset expenses associated with the reliance on the National 
        Lifeline Eligibility Verifier to determine eligibility of 
        households to receive the broadband benefit.
            (5) Lack of availability of funds.--The regulations 
        required by subsection (a) shall provide that a provider is not 
        required to provide an eligible household with an internet 
        service offering under subsection (b)(1) for any month for 
        which there are insufficient amounts in the Broadband 
        Connectivity Fund to reimburse the provider under subsection 
        (b)(4) for providing the broadband benefit to such eligible 
        household.
    (h) Definitions.--In this section:
            (1) Broadband benefit.--The term ``broadband benefit'' 
        means a monthly discount for an eligible household applied to 
        the normal rate for an internet service offering, in an amount 
        equal to such rate, but not more than $50, or, if an internet 
        service offering is provided to an eligible household on Tribal 
        land, not more than $75.
            (2) Connected device.--The term ``connected device'' means 
        a laptop or desktop computer or a tablet.
            (3) Eligible household.--The term ``eligible household'' 
        means, regardless of whether the household or any member of the 
        household receives support under subpart E of part 54 of title 
        47, Code of Federal Regulations (or any successor regulation), 
        and regardless of whether any member of the household has any 
        past or present arrearages with a provider, a household in 
        which--
                    (A) at least one member of the household meets the 
                qualifications in subsection (a) or (b) of section 
                54.409 of title 47, Code of Federal Regulations (or any 
                successor regulation);
                    (B) at least one member of the household has 
                applied for and been approved to receive benefits under 
                the free and reduced price lunch program under the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1751 et seq.) or the school breakfast program under 
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773);
                    (C) at least one member of the household has 
                experienced a substantial loss of income for at least 
                the two consecutive months immediately preceding the 
                month for which eligibility for the broadband benefit 
                is being determined, documented by layoff or furlough 
                notice, application for unemployment insurance 
                benefits, or similar documentation; or
                    (D) at least one member of the household has 
                received a Federal Pell Grant under section 401 of the 
                Higher Education Act of 1965 (20 U.S.C. 1070a) in the 
                most recent academic year.
            (4) Internet service offering.--The term ``internet service 
        offering'' means, with respect to a provider, broadband service 
        provided by such provider to a household, offered in the same 
        manner, and on the same terms, as described in any of such 
        provider's advertisements for broadband service to such 
        household, on May 1, 2020 (or such later date as the Commission 
        may by rule determine, if the Commission considers it 
        necessary).
            (5) Normal rate.--The term ``normal rate'' means, with 
        respect to an internet service offering by a provider, the 
        advertised monthly retail rate, on May 1, 2020 (or such later 
        date as the Commission may by rule determine, if the Commission 
        considers it necessary), including any applicable promotions 
        and excluding any taxes or other governmental fees.
            (6) Provider.--The term ``provider'' means a provider of 
        broadband service.

SEC. 31142. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE 
              ELIGIBILITY VERIFIER.

    (a) In General.--From amounts appropriated under subsection (d), 
the Commission shall, not later than 30 days after the date of the 
enactment of this Act, make a grant to each State, in an amount in 
proportion to the population of such State, for the purpose of 
connecting the database used by such State for purposes of the 
supplemental nutrition assistance program under the Food and Nutrition 
Act of 2008 (7 U.S.C. 2011 et seq.) to the National Lifeline 
Eligibility Verifier, so that the receipt by a household of benefits 
under such program is reflected in the National Lifeline Eligibility 
Verifier.
    (b) Disbursement of Grant Funds.--Funds under each grant made under 
subsection (a) shall be disbursed to the State receiving such grant not 
later than 60 days after the date of the enactment of this Act.
    (c) Certification to Congress.--Not later than 90 days after the 
date of the enactment of this Act, the Commission shall certify to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
that the grants required by subsection (a) have been made and that 
funds have been disbursed as required by subsection (b).
    (d) Appropriation.--There are appropriated to the Commission, out 
of any money in the Treasury not otherwise appropriated, $200,000,000 
to carry out this section for fiscal year 2021, to remain available 
until expended.

SEC. 31143. FEDERAL COORDINATION BETWEEN LIFELINE AND SNAP 
              VERIFICATION.

    (a) In General.--Notwithstanding section 11(x)(2)(C)(i) of the Food 
and Nutrition Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)), not later than 
180 days after the date of the enactment of this Act, the Commission 
shall, in coordination with the Secretary of Agriculture, establish an 
automated connection, to the maximum extent practicable, between the 
National Lifeline Eligibility Verifier and the National Accuracy 
Clearinghouse established under section 11(x) of the Food and Nutrition 
Act of 2008 (7 U.S.C. 2020(x)) for the supplemental nutrition 
assistance program.
    (b) Definition.--In this section, the term ``automated connection'' 
means a connection between two or more information systems where the 
manual input of information in one system leads to the automatic input 
of the same information any other connected system.

  CHAPTER 4--E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER EQUIPMENT, AND 
                           CONNECTED DEVICES

SEC. 31161. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER EQUIPMENT, AND 
              CONNECTED DEVICES.

    (a) Regulations Required.--Not later than 180 days after the date 
of the enactment of this Act, the Commission shall promulgate 
regulations providing for the provision, from amounts made available 
from the Connectivity Fund established under subsection (h)(1), of 
support under section 254(h)(1)(B) of the Communications Act of 1934 
(47 U.S.C. 254(h)(1)(B)) to an elementary school, secondary school, or 
library (including a Tribal elementary school, Tribal secondary school, 
or Tribal library) eligible for support under such section, for the 
purchase of equipment described in subsection (c), advanced 
telecommunications and information services, or equipment described in 
such subsection and advanced telecommunications and information 
services, for use by--
            (1) in the case of a school, students and staff of such 
        school at locations that include locations other than such 
        school; and
            (2) in the case of a library, patrons of such library at 
        locations that include locations other than such library.
    (b) Tribal Issues.--
            (1) Set aside for tribal lands.--The Commission shall 
        reserve not less than 5 percent of the amounts available to the 
        Commission under subsection (h)(3) to provide support under the 
        regulations required by subsection (a) to schools and libraries 
        that serve persons who are located on Tribal lands.
            (2) Eligibility of tribal libraries.--For purposes of 
        determining the eligibility of a Tribal library for support 
        under the regulations required by subsection (a), the portion 
        of paragraph (4) of section 254(h) of the Communications Act of 
        1934 (47 U.S.C. 254(h)) relating to eligibility for assistance 
        from a State library administrative agency under the Library 
        Services and Technology Act shall not apply.
    (c) Equipment Described.--The equipment described in this 
subsection is the following:
            (1) Wi-Fi hotspots.
            (2) Modems.
            (3) Routers.
            (4) Devices that combine a modem and router.
            (5) Connected devices.
    (d) Prioritization of Support.--The Commission shall provide in the 
regulations required by subsection (a) for a mechanism to require a 
school or library to prioritize the provision of equipment described in 
subsection (c), advanced telecommunications and information services, 
or equipment described in such subsection and advanced 
telecommunications and information services, for which support is 
received under such regulations, to students and staff or patrons (as 
the case may be) that the school or library believes do not have access 
to equipment described in subsection (c), do not have access to 
advanced telecommunications and information services, or have access to 
neither equipment described in subsection (c) nor advanced 
telecommunications and information services, at the residences of such 
students and staff or patrons.
    (e) Permissible Uses of Equipment.--The Commission shall provide in 
the regulations required by subsection (a) that, in the case of a 
school or library that purchases equipment described in subsection (c) 
using support received under such regulations, such school or library--
            (1) may use such equipment for such purposes as such school 
        or library considers appropriate, subject to any restrictions 
        provided in such regulations (or any successor regulation); and
            (2) may not sell or otherwise transfer such equipment in 
        exchange for any thing (including a service) of value, except 
        that such school or library may exchange such equipment for 
        upgraded equipment of the same type.
    (f) Rule of Construction.--Nothing in this section shall be 
construed to affect any authority the Commission may have under section 
254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) 
to allow support under such section to be used for the purposes 
described in subsection (a) other than as required by such subsection.
    (g) Part 54 Regulations.--Nothing in this section shall be 
construed to prevent the Commission from providing that the regulations 
in part 54 of title 47, Code of Federal Regulations (or any successor 
regulation), shall apply in whole or in part to support provided under 
the regulations required by subsection (a), shall not apply in whole or 
in part to such support, or shall be modified in whole or in part for 
purposes of application to such support.
    (h) Connectivity Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the Connectivity Fund.
            (2) Appropriation.--There are appropriated to the 
        Connectivity Fund, out of any money in the Treasury not 
        otherwise appropriated, $5,000,000,000 for fiscal year 2021, to 
        remain available until expended.
            (3) Use of funds.--Amounts in the Connectivity Fund shall 
        be available to the Commission to provide support under the 
        regulations required by subsection (a).
            (4) Relationship to universal service contributions.--
        Support provided under the regulations required by subsection 
        (a) shall be provided from amounts made available under 
        paragraph (3) and not from contributions under section 254(d) 
        of the Communications Act of 1934 (47 U.S.C. 254(d)).
    (i) Definitions.--In this section:
            (1) Advanced telecommunications and information services.--
        The term ``advanced telecommunications and information 
        services'' means advanced telecommunications and information 
        services, as such term is used in section 254(h) of the 
        Communications Act of 1934 (47 U.S.C. 254(h)).
            (2) Connected device.--The term ``connected device'' means 
        a laptop computer, tablet computer, or similar device that is 
        capable of connecting to advanced telecommunications and 
        information services.
            (3) Library.--The term ``library'' includes a library 
        consortium.
            (4) Tribal land.--The term ``Tribal land'' means--
                    (A) any land located within the boundaries of--
                            (i) an Indian reservation, pueblo, or 
                        rancheria; or
                            (ii) a former reservation within Oklahoma;
                    (B) any land not located within the boundaries of 
                an Indian reservation, pueblo, or rancheria, the title 
                to which is held--
                            (i) in trust by the United States for the 
                        benefit of an Indian Tribe or an individual 
                        Indian;
                            (ii) by an Indian Tribe or an individual 
                        Indian, subject to restriction against 
                        alienation under laws of the United States; or
                            (iii) by a dependent Indian community;
                    (C) any land located within a region established 
                pursuant to section 7(a) of the Alaska Native Claims 
                Settlement Act (43 U.S.C. 1606(a));
                    (D) Hawaiian Home Lands, as defined in section 801 
                of the Native American Housing Assistance and Self-
                Determination Act of 1996 (25 U.S.C. 4221); or
                    (E) those areas or communities designated by the 
                Assistant Secretary of Indian Affairs of the Department 
                of the Interior that are near, adjacent, or contiguous 
                to reservations where financial assistance and social 
                service programs are provided to Indians because of 
                their status as Indians.
            (5) Wi-fi.--The term ``Wi-Fi'' means a wireless networking 
        protocol based on Institute of Electrical and Electronics 
        Engineers standard 802.11 (or any successor standard).
            (6) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a 
        device that is capable of--
                    (A) receiving mobile advanced telecommunications 
                and information services; and
                    (B) sharing such services with another device 
                through the use of Wi-Fi.

                   Subtitle B--Broadband Transparency

SEC. 31201. DEFINITIONS.

    In this subtitle:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given the 
        term in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (2) Fixed wireless broadband.--The term ``fixed wireless 
        broadband'' means broadband internet access service that serves 
        end users primarily at fixed endpoints through stationary 
        equipment connected by the use of radio, such as by the use of 
        unlicensed spectrum.
            (3) Mobile broadband.--The term ``mobile broadband''--
                    (A) means broadband internet access service that 
                serves end users primarily using mobile stations;
                    (B) includes services that use smartphones or 
                mobile network-enabled tablets as the primary endpoints 
                for connection to the internet; and
                    (C) includes mobile satellite broadband internet 
                access services.
            (4) Provider.--The term ``provider'' means a provider of 
        fixed or mobile broadband internet access service.
            (5) Satellite broadband.--The term ``satellite broadband'' 
        means broadband internet access service that serves end users 
        primarily at fixed endpoints through stationary equipment 
        connected by the use of orbital satellites.
            (6) Terrestrial fixed broadband.--The term ``terrestrial 
        fixed broadband'' means broadband internet access service that 
        serves end users primarily at fixed endpoints through 
        stationary equipment connected by wired technology such as 
        cable, DSL, and fiber.

SEC. 31202. BROADBAND TRANSPARENCY.

    (a) Rules.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall issue final 
        rules that include a requirement for the annual collection by 
        the Commission of data relating to the price and subscription 
        rates of terrestrial fixed broadband, fixed wireless broadband, 
        satellite broadband, and mobile broadband.
            (2) Updates.--Not later than 90 days after the date on 
        which rules are issued under paragraph (1), and when determined 
        to be necessary by the Commission thereafter, the Commission 
        shall revise such rules to verify the accuracy of data 
        submitted pursuant to such rules.
            (3) Redundancy avoidance.--Nothing in this section shall be 
        construed to require the Commission, in order to meet a 
        requirement of this section, to duplicate an activity that the 
        Commission is undertaking as of the date of the enactment of 
        this Act, if the Commission refers to such activity in the 
        rules issued under paragraph (1), such activity meets the 
        requirements of this section, and the Commission discloses such 
        activity to the public.
    (b) Content of Rules.--The rules issued by the Commission under 
subsection (a)(1) shall require the Commission to collect from each 
provider of terrestrial fixed broadband, fixed wireless broadband, 
mobile broadband, or satellite broadband, data that includes--
            (1) either the weighted average of the monthly prices 
        charged to subscribed households within each census block for 
        each distinct broadband internet access service plan or tier of 
        standalone broadband internet access service, including 
        mandatory equipment charges, usage-based fees, and fees for 
        early termination of required contracts, or the monthly price 
        charged to each subscribed household, including such charges 
        and fees;
            (2) either the mean monthly price within the duration of 
        subscription contracts offered within each census block for 
        each distinct broadband internet access service plan or tier of 
        standalone broadband internet access service, including 
        mandatory equipment charges, usage-based fees, and fees for 
        early termination of required contracts, or the mean monthly 
        price within the duration of subscription contracts offered to 
        each household, including such charges and fees;
            (3) either the subscription rate within each census block 
        for each distinct broadband internet access service plan or 
        tier of standalone broadband internet access service, or 
        information regarding the subscription status of each household 
        to which a subscription is offered;
            (4) data necessary to demonstrate the actual price paid by 
        subscribers of broadband internet access service at each tier 
        for such service in a manner that--
                    (A) takes into account any discounts (or similar 
                price concessions); and
                    (B) identifies any additional taxes and fees 
                (including for the use of equipment related to the use 
                of a subscription for such service), any monthly data 
                usage limitation at the stated price, and the extent to 
                which the price of the service reflects inclusion 
                within a product bundle; and
            (5) data necessary to assess the resiliency of the 
        broadband internet access service network in the event of a 
        natural disaster or emergency.
    (c) Technical Assistance.--The Commission shall provide technical 
assistance to small providers (as defined by the Commission) of 
broadband internet access service, to ensure such providers can fulfill 
the requirements of this section.

SEC. 31203. DISTRIBUTION OF DATA.

    (a) Availability of Data.--Subject to subsection (b), the 
Commission shall make all data relating to broadband internet access 
service collected under rules required by this subtitle available in a 
commonly used electronic format to--
            (1) other Federal agencies, including the National 
        Telecommunications and Information Administration, to assist 
        that agency in conducting the study required by section 
        31102(c);
            (2) a broadband office, public utility commission, 
        broadband mapping program, or other broadband program of a 
        State, in the case of data pertaining to the needs of that 
        State;
            (3) a unit of local government, in the case of data 
        pertaining to the needs of that locality; and
            (4) an individual or organization conducting research for 
        noncommercial purposes or public interest purposes.
    (b) Protection of Data.--
            (1) In general.--The Commission may not share any data 
        described in subsection (a) with an entity or individual 
        described in that subsection unless the Commission has 
        determined that the receiving entity or individual has the 
        capability and intent to protect any personally identifiable 
        information contained in the data.
            (2) Determination of personally identifiable information.--
        The Commission--
                    (A) shall define the term ``personally identifiable 
                information'', for purposes of paragraph (1), through 
                notice and comment rulemaking; and
                    (B) may not share any data under subsection (a) 
                before completing the rulemaking under subparagraph 
                (A).
    (c) Balancing Access and Protection.--If the Commission is unable 
to determine under subsection (b)(1) that an entity or individual 
requesting access to data under subsection (a) has the capability to 
protect personally identifiable information contained in the data, the 
Commission shall make as much of the data available as possible in a 
format that does not compromise personally identifiable information, 
through methods such as anonymization.

SEC. 31204. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.

    Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C. 
644(b)(2)), as added by the Broadband DATA Act (Public Law 116-130), is 
amended--
            (1) in subparagraph (A)(ii), by striking the semicolon at 
        the end and inserting ``; and'';
            (2) by amending subparagraph (B) to read as follows:
                    ``(B) coordinate with the Postmaster General, the 
                heads of other Federal agencies that operate delivery 
                fleet vehicles, and the Director of the Bureau of the 
                Census for assistance with data collection whenever 
                coordination could feasibly yield more specific 
                geographic data.''; and
            (3) by striking subparagraph (C).

SEC. 31205. BROADBAND CONSUMER LABELS.

    (a) Rules.--Not later than 1 year after the date of the enactment 
of this Act, the Commission shall issue final rules to promote and 
incentivize widespread adoption of the broadband consumer labels 
referred to in the Public Notice of the Commission released on April 4, 
2016 (DA 16-357).
    (b) Hearings.--The Commission shall conduct a series of public 
hearings in the rulemaking proceeding required by subsection (a) to 
assess how consumers currently evaluate internet service plans and 
whether existing disclosures are available, effective, and sufficient.

SEC. 31206. APPROPRIATION FOR BROADBAND DATA ACT.

    There are appropriated to the Commission, out of any money in the 
Treasury not otherwise appropriated, $24,000,000 to carry out title 
VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.), as 
added by the Broadband DATA Act (Public Law 116-130), for fiscal year 
2021, to remain available until expended.

SEC. 31207. GAO REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committee on Energy and Commerce of the House of Representatives, the 
Committee on Agriculture of the House of Representatives, the Committee 
on Transportation and Infrastructure of the House of the 
Representatives, the Committee on Commerce, Science, and Transportation 
of the Senate, the Committee on Environment and Public Works of the 
Senate, and the Committee on Agriculture, Nutrition, and Forestry of 
the Senate, a report that evaluates the process used by the Commission 
for establishing, reviewing, and updating the upload and download 
broadband internet access speed thresholds, including--
            (1) how the Commission reviews and updates broadband 
        internet access speed thresholds;
            (2) whether the Commission considers future broadband 
        internet access speed needs when establishing broadband 
        internet access speed thresholds, including whether the 
        Commission considers the need, or the anticipated need, for 
        higher upload or download broadband internet access speeds in 
        the five-year period and the ten-year period after the date on 
        which a broadband speed threshold is to be established; and
            (3) how the Commission considers the impacts of changing 
        uses of the internet in establishing, reviewing, or updating 
        broadband internet access speed thresholds, including--
                    (A) the proliferation of internet-based business;
                    (B) working remotely and running a business from 
                home;
                    (C) video teleconferencing;
                    (D) distance learning;
                    (E) in-house web hosting; and
                    (F) cloud data storage.

                      Subtitle C--Broadband Access

                CHAPTER 1--EXPANSION OF BROADBAND ACCESS

SEC. 31301. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS 
              WITH LOW-TIER OR MID-TIER SERVICE.

    Title VII of the Communications Act of 1934 (47 U.S.C. 601 et seq.) 
is amended by adding at the end the following new section:

``SEC. 723. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS 
              WITH LOW-TIER OR MID-TIER SERVICE.

    ``(a) Program Established.--Not later than 180 days after the date 
of the enactment of this section, the Commission, in consultation with 
the Assistant Secretary, shall establish a program to expand access to 
broadband service for unserved areas, areas with low-tier service, 
areas with mid-tier service, and unserved anchor institutions in 
accordance with the requirements of this section that--
            ``(1) is separate from any universal service program 
        established pursuant to section 254; and
            ``(2) does not require funding recipients to be designated 
        as eligible telecommunications carriers under section 214(e).
    ``(b) Use of Program Funds.--
            ``(1) Expanding access to broadband service through 
        national system of competitive bidding.--Not later than 18 
        months after the date of the enactment of this section, the 
        Commission shall award 75 percent of the amounts appropriated 
        under subsection (g) through national systems of competitive 
        bidding to funding recipients only to expand access to 
        broadband service in unserved areas and areas with low-tier 
        service.
            ``(2) Expanding access to broadband service through 
        states.--
                    ``(A) Distribution of funds to states.--Not later 
                than 255 days after the date of the enactment of this 
                section, the Commission shall distribute 25 percent of 
                the amounts appropriated under subsection (g) among the 
                States, in direct proportion to the population of each 
                State.
                    ``(B) Public notice.--Not later than 195 days after 
                the date of the enactment of this section, the 
                Commission shall issue a public notice informing each 
                State and the public of the amounts to be distributed 
                under this paragraph. The notice shall include--
                            ``(i) the manner in which a State shall 
                        inform the Commission of that State's 
                        acceptance or acceptance in part of the amounts 
                        to be distributed under this paragraph;
                            ``(ii) the date (which is 30 days after the 
                        date on which the public notice is issued) by 
                        which such acceptance or acceptance in part is 
                        due; and
                            ``(iii) the requirements as set forth under 
                        this section and as may be further prescribed 
                        by the Commission.
                    ``(C) Acceptance by states.--Not later than 30 days 
                after the date on which a public notice is issued under 
                subparagraph (B), each State accepting amounts to be 
                distributed under this paragraph shall inform the 
                Commission of the acceptance or acceptance in part by 
                the State of the amounts to be distributed under this 
                paragraph in the manner described by the Commission in 
                the public notice.
                    ``(D) Requirements for state receipt of amounts 
                distributed.--Each State accepting amounts distributed 
                under this paragraph--
                            ``(i) shall only award such amounts through 
                        statewide systems of competitive bidding, in 
                        the manner prescribed by the State but subject 
                        to the requirements as set forth under this 
                        section and as may be further prescribed by the 
                        Commission;
                            ``(ii) shall make such awards only--
                                    ``(I) to funding recipients to 
                                expand access to broadband service in 
                                unserved areas and areas with low-tier 
                                service;
                                    ``(II) to funding recipients to 
                                expand access to broadband service to 
                                unserved anchor institutions; or
                                    ``(III) to funding recipients to 
                                expand access to broadband service in 
                                areas with mid-tier service, but only 
                                if a State does not have, or no longer 
                                has, any unserved areas or areas with 
                                low-tier service;
                            ``(iii) shall conduct separate systems of 
                        competitive bidding for awards made to unserved 
                        anchor institutions under clause (ii)(II), if a 
                        State awards any amounts distributed under this 
                        paragraph to unserved anchor institutions;
                            ``(iv) shall return any unused portion of 
                        amounts distributed under this paragraph to the 
                        Commission within 10 years after the date of 
                        the enactment of this section and shall submit 
                        a certification to the Commission before 
                        receiving such amounts that the State will 
                        return such amounts; and
                            ``(v) may not use more than 5 percent of 
                        the amounts distributed under this paragraph to 
                        administer a system or systems of competitive 
                        bidding authorized by this paragraph.
            ``(3) Coordination of federal and state funding.--The 
        Commission, in consultation with the Office of Internet 
        Connectivity and Growth, shall establish processes through the 
        rulemaking under subsection (e) to--
                    ``(A) enable States to conduct statewide systems of 
                competitive bidding as part of, or in coordination 
                with, national systems of competitive bidding;
                    ``(B) assist States in conducting statewide systems 
                of competitive bidding;
                    ``(C) ensure that program funds awarded by the 
                Commission and program funds awarded by the States are 
                not used in the same areas; and
                    ``(D) ensure that program funds and funds awarded 
                through other Federal programs to expand broadband 
                service with a download speed of at least 100 megabits 
                per second, an upload speed of at least 100 megabits 
                per second, and a latency that is sufficiently low to 
                allow real-time, interactive applications, are not used 
                in the same areas.
    ``(c) Program Requirements.--
            ``(1) Technology neutrality required.--The entity 
        administering a system of competitive bidding (either a State 
        or the Commission) in making awards may not favor a project 
        using any particular technology.
            ``(2) Gigabit performance funding.--The Commission shall 
        reserve 20 percent of the amounts to be awarded by the 
        Commission under subsection (b)(1), and each State shall 
        reserve 20 percent of the amounts distributed to such State 
        under subsection (b)(2), for bidders committing (with respect 
        to any particular project by such a bidder) to offer, not later 
        than the date that is 5 years after the date on which funding 
        is provided under this section for such project, broadband 
        service with a download speed of at least 1 gigabit per second 
        and an upload speed of at least 1 gigabit per second or, in the 
        case of a project to provide broadband service to an unserved 
        anchor institution, broadband service with a download speed of 
        at least 10 gigabits per second per 1,000 users and an upload 
        speed of at least 10 gigabits per second per 1,000 users.
            ``(3) System of competitive bidding process.--The entity 
        administering a system of competitive bidding (either a State 
        or the Commission) shall structure the system of competitive 
        bidding process to--
                    ``(A) first hold a system of competitive bidding 
                only for bidders committing (with respect to any 
                particular project by such a bidder) to offer, not 
                later than the date that is 5 years after the date on 
                which funding is provided under this section for such 
                project, broadband service with a download speed of at 
                least 1 gigabit per second and an upload speed of at 
                least 1 gigabit per second or, in the case of a project 
                to provide broadband service to an unserved anchor 
                institution, broadband service with a download speed of 
                at least 10 gigabits per second per 1,000 users and an 
                upload speed of at least 10 gigabits per second per 
                1,000 users; and
                    ``(B) after holding the system of competitive 
                bidding required by subparagraph (A), hold one or more 
                systems of competitive bidding, in areas not receiving 
                awards under subparagraph (A), to award funds for 
                projects in areas that are estimated to remain unserved 
                areas, areas with low-tier service, or (to the extent 
                permitted under this section) areas with mid-tier 
                service, or (to the extent permitted under this 
                section) for projects to offer broadband service to 
                anchor institutions that are estimated to remain 
                unserved anchor institutions, after the completion of 
                the projects for which funding is awarded under the 
                system of competitive bidding required by subparagraph 
                (A) or any previous system of competitive bidding under 
                this subparagraph.
            ``(4) Funds priority preference.--There shall be a 
        preference in a system of competitive bidding for projects that 
        would expand access to broadband service in areas where at 
        least 90 percent of the population has no access to broadband 
        service or does not have access to broadband service offered 
        with a download speed of at least 25 megabits per second, with 
        an upload speed of at least 3 megabits per second, and with 
        latency that is sufficiently low to allow real-time, 
        interactive applications. Such projects shall be given priority 
        in such system of competitive bidding over all other projects, 
        regardless of how many preferences under paragraph (5) for 
        which such other projects qualify.
            ``(5) Funds preference.--There shall be a preference in a 
        system of competitive bidding, as determined by the entity 
        administering the system of competitive bidding (either a State 
        or the Commission), for any of the following projects:
                    ``(A) Projects with at least 20 percent matching 
                funds from non-Federal sources.
                    ``(B) Projects that would expand access to 
                broadband service on Tribal lands, as defined by the 
                Commission.
                    ``(C) Projects that would provide broadband service 
                with higher speeds than those specified in subsection 
                (d)(2), except in the case of funds awarded under 
                subparagraph (A) of paragraph (3).
                    ``(D) Projects that would expand access to 
                broadband service in advance of the time specified in 
                subsection (e)(5), except in the case of funds awarded 
                under subparagraph (A) of paragraph (3).
                    ``(E) Projects that would expand access to 
                broadband service to persistent poverty counties or 
                high-poverty areas at subsidized rates.
                    ``(F) Projects that, at least until the date that 
                is 10 years after the date of the enactment of this 
                section, would provide broadband service with 
                comparable speeds to those provided in areas that, on 
                the day before such date of enactment, were not 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service, with minimal future investment.
                    ``(G) Projects that would provide broadband service 
                consistent with consumer preferences based on data and 
                analysis conducted by the Commission.
                    ``(H) Projects that would provide for the 
                deployment of open-access broadband service networks.
            ``(6) Unserved areas and areas with low-tier or mid-tier 
        service.--In determining whether an area is an unserved area, 
        an area with low-tier service, or an area with mid-tier service 
        or whether an anchor institution is an unserved anchor 
        institution for any system of competitive bidding authorized 
        under this section, the Commission shall implement the 
        following requirements through the rulemaking described in 
        subsection (e):
                    ``(A) Data for initial determination.--To make an 
                initial determination as to whether an area is an 
                unserved area, an area with low-tier service, or an 
                area with mid-tier service or whether an anchor 
                institution is an unserved anchor institution, the 
                Commission shall--
                            ``(i) use the most accurate and granular 
                        data on the map created by the Commission under 
                        section 802(c)(1)(B);
                            ``(ii) refine the data described in clause 
                        (i) by using--
                                    ``(I) other data on access to 
                                broadband service obtained or purchased 
                                by the Commission;
                                    ``(II) other publicly available 
                                data or information on access to 
                                broadband service; and
                                    ``(III) other publicly available 
                                data or information on State broadband 
                                service deployment programs; and
                            ``(iii) not determine an area is not an 
                        unserved area, an area with low-tier service, 
                        or an area with mid-tier service on the basis 
                        that one location within such area does not 
                        meet the definition of an unserved area, an 
                        area with low-tier service, or an area with 
                        mid-tier service.
                    ``(B) Initial determination.--The Commission shall 
                make an initial determination of the areas that are 
                unserved areas, areas with low-tier service, and areas 
                with mid-tier service and which anchor institutions are 
                unserved anchor institutions not later than 270 days 
                after the date of the enactment of this section.
                    ``(C) Challenge of determination.--
                            ``(i) In general.--The Commission shall 
                        provide for a process for challenging any 
                        initial determination regarding whether an area 
                        is an unserved area, an area with low-tier 
                        service, or an area with mid-tier service or 
                        whether an anchor institution is an unserved 
                        anchor institution that, at a minimum, provides 
                        not less than 45 days for a person to 
                        voluntarily submit information concerning--
                                    ``(I) the broadband service offered 
                                in the area, or a commitment to offer 
                                broadband service in the area that is 
                                subject to legal sanction if not 
                                performed; or
                                    ``(II) the broadband service 
                                offered to the anchor institution.
                            ``(ii) Streamlined process.--The Commission 
                        shall ensure that such process is sufficiently 
                        streamlined such that a reasonably prudent 
                        person may easily participate to challenge such 
                        initial determination with little burden on 
                        such person.
                    ``(D) Final determination.--The Commission shall 
                make a final determination of the areas that are 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service and which anchor institutions are 
                unserved anchor institutions within 1 year after the 
                date of the enactment of this section.
            ``(7) Notice, transparency, accountability, and oversight 
        required.--The program shall contain sufficient notice, 
        transparency, accountability, and oversight measures to provide 
        the public with notice of the assistance provided under this 
        section, and to deter waste, fraud, and abuse of program funds.
            ``(8) Competence.--The program shall contain sufficient 
        processes and requirements, as established by an entity 
        administering a system of competitive bidding (either a State 
        or the Commission), to ensure that, prior to bidding in such 
        system of competitive bidding, a provider of broadband service 
        seeking to participate in such system of competitive bidding--
                    ``(A) is capable of carrying out the project in a 
                competent manner in compliance with all applicable 
                Federal, State, and local laws;
                    ``(B) has the financial capacity to meet the 
                buildout obligations of the project and requirements as 
                set forth under this section and as may be further 
                prescribed by the Commission; and
                    ``(C) has the technical and operational capability 
                to provide broadband services in the manner 
                contemplated by the provider's bid in the system of 
                competitive bidding, including a detailed consideration 
                of the provider's prior performance in delivering 
                services as contemplated in the bid and the 
                capabilities of the provider's proposed network to 
                deliver the contemplated services in the area in 
                question.
            ``(9) Contracting requirements.--All laborers and mechanics 
        employed by contractors or subcontractors in the performance of 
        construction, alteration, or repair work carried out, in whole 
        or in part, with assistance made available under this section 
        shall be paid wages at rates not less than those prevailing on 
        projects of a similar character in the locality as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code. With respect to the 
        labor standards in this paragraph, the Secretary of Labor shall 
        have the authority and functions set forth in Reorganization 
        Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
        section 3145 of title 40, United States Code.
            ``(10) Rule of construction regarding environmental laws.--
        Nothing in this section shall be construed to affect--
                    ``(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    ``(B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.; commonly referred to as the `Clean 
                Water Act');
                    ``(C) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    ``(D) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    ``(E) the Solid Waste Disposal Act (42 U.S.C. 6901 
                et seq.; commonly referred to as the `Resource 
                Conservation and Recovery Act'); or
                    ``(F) any State or local law that is similar to a 
                law listed in subparagraphs (A) through (E).
            ``(11) Referral of alleged violations of applicable federal 
        labor and employment laws.--The Commission shall refer any 
        alleged violation of an applicable labor and employment law to 
        the appropriate Federal agency for investigation and 
        enforcement, and any alleged violation of paragraph (9) or (12) 
        to the National Labor Relations Board for investigation and 
        enforcement, utilizing all appropriate remedies up to and 
        including debarment from the program.
            ``(12) Labor organization.--
                    ``(A) In general.--Notwithstanding the National 
                Labor Relations Act (29 U.S.C. 151 et seq.), 
                subparagraphs (B) through (F) shall apply with respect 
                to any funding recipient who is an employer and any 
                labor organization who represents employees of a 
                funding recipient.
                    ``(B) Neutrality requirement.--An employer shall 
                remain neutral with respect to the exercise of 
                employees and labor organizations of the right to 
                organize and bargain under the National Labor Relations 
                Act (29 U.S.C. 151 et seq.).
                    ``(C) Commencement of collective bargaining.--Not 
                later than 10 days after receiving a written request 
                for collective bargaining from a labor organization 
                that has been newly recognized or certified as a 
                representative under section 9(a) of the National Labor 
                Relations Act (29 U.S.C. 159(a)), or within such 
                further period as the parties agree upon, the parties 
                shall meet and commence to bargain collectively and 
                shall make every reasonable effort to conclude and sign 
                a collective bargaining agreement.
                    ``(D) Mediation and conciliation for failure to 
                reach a collective bargaining agreement.--
                            ``(i) In general.--If the parties have 
                        failed to reach an agreement before the date 
                        that is 90 days after the date on which 
                        bargaining is commenced under subparagraph (C), 
                        or any later date agreed upon by both parties, 
                        either party may notify the Federal Mediation 
                        and Conciliation Service of the existence of a 
                        dispute and request mediation.
                            ``(ii) Federal mediation and conciliation 
                        service.--Whenever a request is received under 
                        clause (i), the Director of the Federal 
                        Mediation and Conciliation Service shall 
                        promptly communicate with the parties and use 
                        best efforts, by mediation and conciliation, to 
                        bring them to agreement.
                    ``(E) Tripartite arbitration panel.--
                            ``(i) In general.--If the Federal Mediation 
                        and Conciliation Service is not able to bring 
                        the parties to agreement by mediation or 
                        conciliation before the date that is 30 days 
                        after the date on which such mediation or 
                        conciliation is commenced, or any later date 
                        agreed upon by both parties, the Service shall 
                        refer the dispute to a tripartite arbitration 
                        panel established in accordance with such 
                        regulations as may be prescribed by the 
                        Service, with one member selected by the labor 
                        organization, one member selected by the 
                        employer, and one neutral member mutually 
                        agreed to by the parties.
                            ``(ii) Dispute settlement.--A majority of 
                        the tripartite arbitration panel shall render a 
                        decision settling the dispute and such decision 
                        shall be binding upon the parties for a period 
                        of two years, unless amended during such period 
                        by written consent of the parties. Such 
                        decision shall be based on--
                                    ``(I) the employer's financial 
                                status and prospects;
                                    ``(II) the size and type of the 
                                employer's operations and business;
                                    ``(III) the employees' cost of 
                                living;
                                    ``(IV) the employees' ability to 
                                sustain themselves, their families, and 
                                their dependents on the wages and 
                                benefits they earn from the employer; 
                                and
                                    ``(V) the wages and benefits that 
                                other employers in the same business 
                                provide their employees.
                    ``(F) Prohibition on subcontracting for certain 
                purposes.--A funding recipient may not engage in 
                subcontracting for the purpose of circumventing the 
                terms of a collective bargaining agreement with respect 
                to wages, benefits, or working conditions.
                    ``(G) Parties defined.--In this paragraph, the term 
                `parties' means a labor organization that is newly 
                recognized or certified as a representative under 
                section 9(a) of the National Labor Relations Act (29 
                U.S.C. 159(a)) and the employer of the employees 
                represented by such organization.
    ``(d) Project Requirements.--Any project funded through the program 
shall meet the following requirements:
            ``(1) The project shall adhere to quality-of-service 
        standards as established by the Commission.
            ``(2) Except as provided in paragraphs (2) and (3) of 
        subsection (c), the project shall offer broadband service with 
        a download speed of at least 100 megabits per second, an upload 
        speed of at least 100 megabits per second, and a latency that 
        is sufficiently low to allow real-time, interactive 
        applications.
            ``(3) The project shall offer broadband service at prices 
        that are comparable to, or lower than, the prices charged for 
        comparable levels of service in areas that were not unserved 
        areas, areas with low-tier service, or areas with mid-tier 
        service on the day before the date of the enactment of this 
        section.
            ``(4) For any project that involves laying fiber-optic 
        cables along a roadway, the project shall include interspersed 
        conduit access points at regular and short intervals.
            ``(5) The project shall incorporate prudent cybersecurity 
        and supply chain risk management practices, as specified by the 
        Commission through the rulemaking described in subsection (e), 
        in consultation with the Director of the National Institute of 
        Standards and Technology and the Assistant Secretary.
            ``(6) The project shall incorporate best practices, as 
        defined by the Commission, for ensuring reliability and 
        resiliency of the network during disasters.
            ``(7) Any funding recipient must agree to have the project 
        meet the requirements established under section 224, as if the 
        project were classified as a `utility' under such section. The 
        preceding sentence shall not apply to those entities or persons 
        excluded from the definition of the term `utility' by the 
        second sentence of subsection (a)(1) of such section.
            ``(8) The project shall offer an affordable option for a 
        broadband service plan under which broadband service is 
        provided--
                    ``(A) with a download speed of at least 50 megabits 
                per second;
                    ``(B) with an upload speed of at least 50 megabits 
                per second; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
    ``(e) Rulemaking and Distribution and Award of Funds.--Not later 
than 180 days after the date of the enactment of this section, the 
Commission, in consultation with the Assistant Secretary, shall 
promulgate rules--
            ``(1) that implement the requirements of this section, as 
        appropriate;
            ``(2) that establish the design of and rules for the 
        national systems of competitive bidding;
            ``(3) that establish notice requirements for all systems of 
        competitive bidding authorized under this section that, at a 
        minimum, provide the public with notice of--
                    ``(A) the initial determination of which areas are 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service;
                    ``(B) the final determination of which areas are 
                unserved areas, areas with low-tier service, or areas 
                with mid-tier service after the process for challenging 
                the initial determination has concluded;
                    ``(C) which entities have applied to bid for 
                funding; and
                    ``(D) the results of any system of competitive 
                bidding, including identifying the funding recipients, 
                which areas each project will serve, the nature of the 
                service that will be provided by the project in each of 
                those areas, and how much funding the funding 
                recipients will receive in each of those areas;
            ``(4) that establish broadband service buildout milestones 
        and periodic certification by funding recipients to ensure 
        compliance with the broadband service buildout milestones for 
        all systems of competitive bidding authorized under this 
        section;
            ``(5) that, except as provided in paragraphs (2) and (3) of 
        subsection (c), establish a maximum buildout timeframe of four 
        years beginning on the date on which funding is provided under 
        this section for a project;
            ``(6) that establish periodic reporting requirements for 
        funding recipients and that identify, at a minimum, the nature 
        of the service provided in each area for any system of 
        competitive bidding authorized under this section;
            ``(7) that establish standard penalties for the 
        noncompliance of funding recipients or projects with the 
        requirements as set forth under this section and as may be 
        further prescribed by the Commission for any system of 
        competitive bidding authorized under this section;
            ``(8) that establish procedures for recovery of funds, in 
        whole or in part, from funding recipients in the event of the 
        default or noncompliance of the funding recipient or project 
        with the requirements established under this section for any 
        system of competitive bidding authorized under this section; 
        and
            ``(9) that establish mechanisms to reduce waste, fraud, and 
        abuse within the program for any system of competitive bidding 
        authorized under this section.
    ``(f) Reports Required.--
            ``(1) Inspector general and comptroller general report.--
        Not later than June 30 and December 31 of each year following 
        the awarding of the first funds under the program, the 
        Inspector General of the Commission and the Comptroller General 
        of the United States shall submit to the Committees on Energy 
        and Commerce of the House of Representatives and Commerce, 
        Science, and Transportation of the Senate a report for the 
        previous 6 months that reviews the program. Such report shall 
        include any recommendations to address waste, fraud, and abuse.
            ``(2) State reports.--Any State that receives funds under 
        the program shall submit an annual report to the Commission on 
        how such funds were spent, along with a certification of 
        compliance with the requirements as set forth under this 
        section and as may be further prescribed by the Commission, 
        including a description of each service provided and the number 
        of individuals to whom the service was provided.
    ``(g) Appropriation.--There are appropriated to the Commission, out 
of any money in the Treasury not otherwise appropriated, 
$80,000,000,000 to carry out the program for fiscal year 2021, to 
remain available until expended.
    ``(h) Definitions.--In this section:
            ``(1) Affordable option.--The term `affordable option' 
        means, with respect to a broadband service plan, that broadband 
        service is provided under such plan at a rate that is 
        determined by the Commission, in coordination with the Office 
        of Internet Connectivity and Growth, to be affordable for a 
        household with an income of 136 percent of the poverty 
        threshold, as determined by using criteria of poverty 
        established by the Bureau of the Census, for a four-person 
        household that includes two dependents under the age of 18.
            ``(2) Anchor institution.--The term `anchor institution' 
        means a public or private school, a library, a medical or 
        healthcare provider, a museum, a public safety entity, a public 
        housing agency (as defined in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b))), a community college, 
        an institution of higher education, a religious organization, 
        or any other community support organization or agency.
            ``(3) Area.--The term `area' means the geographic unit of 
        measurement with the greatest level of granularity reasonably 
        feasible for the Commission to use in making eligibility 
        determinations under this section and in meeting the 
        requirements and deadlines of this section.
            ``(4) Area with low-tier service.--The term `area with low-
        tier service' means an area where at least 90 percent of the 
        population has access to broadband service offered--
                    ``(A) with a download speed of at least 25 megabits 
                per second but less than 100 megabits per second;
                    ``(B) with an upload speed of at least 25 megabits 
                per second but less than 100 megabits per second; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
            ``(5) Area with mid-tier service.--The term `area with mid-
        tier service' means an area where at least 90 percent of the 
        population has access to broadband service offered--
                    ``(A) with a download speed of at least 100 
                megabits per second but less than 1 gigabit per second;
                    ``(B) with an upload speed of at least 100 megabits 
                per second but less than 1 gigabit per second; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
            ``(6) Assistant secretary.--The term `Assistant Secretary' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            ``(7) Broadband service.--The term `broadband service'--
                    ``(A) means broadband internet access service that 
                is a mass-market retail service, or a service provided 
                to an anchor institution, by wire or radio that 
                provides the capability to transmit data to and receive 
                data from all or substantially all internet endpoints, 
                including any capabilities that are incidental to and 
                enable the operation of the communications service;
                    ``(B) includes any service that is a functional 
                equivalent of the service described in subparagraph 
                (A); and
                    ``(C) does not include dial-up internet access 
                service.
            ``(8) Collective bargaining.--The term `collective 
        bargaining' means performance of the mutual obligation 
        described in section 8(d) of the National Labor Relations Act 
        (29 U.S.C. 158(d)).
            ``(9) Collective bargaining agreement.--The term 
        `collective bargaining agreement' means an agreement reach 
        through collective bargaining.
            ``(10) Funding recipient.--The term `funding recipient' 
        means an entity that receives funding for a project under this 
        section, including a private entity, public-private 
        partnership, cooperative, or municipal broadband service 
        provider.
            ``(11) High-poverty area.--The term `high-poverty area' 
        means a census tract with a poverty rate of at least 20 
        percent, as measured by the most recent 5-year data series 
        available from the American Community Survey of the Bureau of 
        the Census as of the year before the date of the enactment of 
        this section. In the case of a territory or possession of the 
        United States in which no such data is collected from the 
        American Community Survey of the Bureau of the Census as of the 
        year before the date of the enactment of this section, such 
        term includes a census tract with a poverty rate of at least 20 
        percent, as measured by the 2010 Island Areas Decennial Census 
        of the Bureau of the Census.
            ``(12) Institution of higher education.--The term 
        `institution of higher education'--
                    ``(A) has the meaning given the term in section 101 
                of the Higher Education Act of 1965 (20 U.S.C. 1001); 
                and
                    ``(B) includes a postsecondary vocational 
                institution.
            ``(13) Labor organization.--The term `labor organization' 
        has the meaning given the term in section 2 of the National 
        Labor Relations Act (29 U.S.C. 152).
            ``(14) Persistent poverty county.--The term `persistent 
        poverty county' means any county with a poverty rate of at 
        least 20 percent, as determined in each of the 1990 and 2000 
        decennial censuses and in the Small Area Income and Poverty 
        Estimates of the Bureau of the Census for the most recent year 
        for which the Estimates are available. In the case of a 
        territory or possession of the United States, such term 
        includes any county equivalent area in Puerto Rico with a 
        poverty rate of at least 20 percent, as determined in each of 
        the 1990 and 2000 decennial censuses and in the most recent 5-
        year data series available from the American Community Survey 
        of the Bureau of the Census as of the year before the date of 
        the enactment of this section, or any other territory or 
        possession of the United States with a poverty rate of at least 
        20 percent, as determined in each of the 1990, 2000, and 2010 
        Island Areas Decennial Censuses of the Bureau of the Census.
            ``(15) Postsecondary vocational institution.--The term 
        `postsecondary vocational institution' has the meaning given 
        the term in section 102(c) of the Higher Education Act of 1965 
        (20 U.S.C. 1002(c)).
            ``(16) Program.--Unless otherwise indicated, the term 
        `program' means the program established under subsection (a).
            ``(17) Project.--The term `project' means an undertaking by 
        a funding recipient under this section to construct and deploy 
        infrastructure for the provision of broadband service.
            ``(18) Unserved anchor institution.--The term `unserved 
        anchor institution' means an anchor institution that has no 
        access to broadband service or does not have access to 
        broadband service offered--
                    ``(A) with a download speed of at least 1 gigabit 
                per second per 1,000 users;
                    ``(B) with an upload speed of at least 1 gigabit 
                per second per 1,000 users; and
                    ``(C) with latency that is sufficiently low to 
                allow multiple, simultaneous, real-time, interactive 
                applications.
            ``(19) Unserved area.--The term `unserved area' means an 
        area where at least 90 percent of the population has no access 
        to broadband service or does not have access to broadband 
        service offered--
                    ``(A) with a download speed of at least 25 megabits 
                per second;
                    ``(B) with an upload speed of at least 25 megabits 
                per second; and
                    ``(C) with latency that is sufficiently low to 
                allow real-time, interactive applications.''.

SEC. 31302. UNIVERSAL SERVICE IN INDIAN COUNTRY AND AREAS WITH HIGH 
              POPULATIONS OF INDIAN PEOPLE.

    Section 254(b)(3) of the Communications Act of 1934 (47 U.S.C. 
254(b)(3)) is amended by inserting ``and in Indian country (as defined 
in section 1151 of title 18, United States Code) and areas with high 
populations of Indian (as defined in section 19 of the Act of June 18, 
1934 (Chapter 576; 48 Stat. 988; 25 U.S.C. 5129)) people'' after ``high 
cost areas''.

       CHAPTER 2--BROADBAND INFRASTRUCTURE FINANCE AND INNOVATION

SEC. 31321. DEFINITIONS.

    In this chapter:
            (1) BIFIA program.--The term ``BIFIA program'' means the 
        broadband infrastructure finance and innovation program 
        established under this chapter.
            (2) Broadband service.--The term ``broadband service''--
                    (A) means broadband internet access service that is 
                a mass-market retail service, or a service provided to 
                an entity described in paragraph (11)(B)(ii), by wire 
                or radio that provides the capability to transmit data 
                to and receive data from all or substantially all 
                internet endpoints, including any capabilities that are 
                incidental to and enable the operation of the 
                communications service;
                    (B) includes any service that is a functional 
                equivalent of the service described in subparagraph 
                (A); and
                    (C) does not include dial-up internet access 
                service.
            (3) Eligible project costs.--The term ``eligible project 
        costs'' means amounts substantially all of which are paid by, 
        or for the account of, an obligor in connection with a project, 
        including the cost of--
                    (A) development phase activities, including 
                planning, feasibility analysis, revenue forecasting, 
                environmental review, historic preservation review, 
                permitting, preliminary engineering and design work, 
                and other preconstruction activities;
                    (B) construction and deployment phase activities, 
                including--
                            (i) construction, reconstruction, 
                        rehabilitation, replacement, and acquisition of 
                        real property (including land relating to the 
                        project and improvements to land), equipment, 
                        instrumentation, networking capability, 
                        hardware and software, and digital network 
                        technology;
                            (ii) environmental mitigation; and
                            (iii) construction contingencies; and
                    (C) capitalized interest necessary to meet market 
                requirements, reasonably required reserve funds, 
                capital issuance expenses, and other carrying costs 
                during construction and deployment.
            (4) Federal credit instrument.--The term ``Federal credit 
        instrument'' means a secured loan, loan guarantee, or line of 
        credit authorized to be made available under the BIFIA program 
        with respect to a project.
            (5) Investment-grade rating.--The term ``investment-grade 
        rating'' means a rating of BBB minus, Baa3, bbb minus, BBB 
        (low), or higher assigned by a rating agency to project 
        obligations.
            (6) Lender.--The term ``lender'' means any non-Federal 
        qualified institutional buyer (as defined in section 
        230.144A(a) of title 17, Code of Federal Regulations (or any 
        successor regulation), known as Rule 144A(a) of the Securities 
        and Exchange Commission and issued under the Securities Act of 
        1933 (15 U.S.C. 77a et seq.)), including--
                    (A) a qualified retirement plan (as defined in 
                section 4974(c) of the Internal Revenue Code of 1986) 
                that is a qualified institutional buyer; and
                    (B) a governmental plan (as defined in section 
                414(d) of the Internal Revenue Code of 1986) that is a 
                qualified institutional buyer.
            (7) Letter of interest.--The term ``letter of interest'' 
        means a letter submitted by a potential applicant prior to an 
        application for credit assistance in a format prescribed by the 
        Assistant Secretary on the website of the BIFIA program that--
                    (A) describes the project and the location, 
                purpose, and cost of the project;
                    (B) outlines the proposed financial plan, including 
                the requested credit assistance and the proposed 
                obligor;
                    (C) provides a status of environmental review; and
                    (D) provides information regarding satisfaction of 
                other eligibility requirements of the BIFIA program.
            (8) Line of credit.--The term ``line of credit'' means an 
        agreement entered into by the Assistant Secretary with an 
        obligor under section 31324 to provide a direct loan at a 
        future date upon the occurrence of certain events.
            (9) Loan guarantee.--The term ``loan guarantee'' means any 
        guarantee or other pledge by the Assistant Secretary to pay all 
        or part of the principal of and interest on a loan or other 
        debt obligation issued by an obligor and funded by a lender.
            (10) Obligor.--The term ``obligor'' means a party that--
                    (A) is primarily liable for payment of the 
                principal of or interest on a Federal credit 
                instrument; and
                    (B) may be a corporation, company, partnership, 
                joint venture, trust, or governmental entity, agency, 
                or instrumentality.
            (11) Project.--The term ``project'' means a project--
                    (A) to construct and deploy infrastructure for the 
                provision of broadband service; and
                    (B) that the Assistant Secretary determines will--
                            (i) provide access or improved access to 
                        broadband service to consumers residing in 
                        areas of the United States that have no access 
                        to broadband service or do not have access to 
                        broadband service offered--
                                    (I) with a download speed of at 
                                least 100 megabits per second;
                                    (II) with an upload speed of at 
                                least 20 megabits per second; and
                                    (III) with latency that is 
                                sufficiently low to allow real-time, 
                                interactive applications; or
                            (ii) provide access or improved access to 
                        broadband service to--
                                    (I) schools, libraries, medical and 
                                healthcare providers, community 
                                colleges and other institutions of 
                                higher education, museums, religious 
                                organizations, and other community 
                                support organizations and entities to 
                                facilitate greater use of broadband 
                                service by or through such 
                                organizations;
                                    (II) organizations and agencies 
                                that provide outreach, access, 
                                equipment, and support services to 
                                facilitate greater use of broadband 
                                service by low-income, unemployed, 
                                aged, and otherwise vulnerable 
                                populations;
                                    (III) job-creating strategic 
                                facilities located within a State-
                                designated economic zone, Economic 
                                Development District designated by the 
                                Department of Commerce, Empowerment 
                                Zone designated by the Department of 
                                Housing and Urban Development, or 
                                Enterprise Community designated by the 
                                Department of Agriculture; or
                                    (IV) public safety agencies.
            (12) Project obligation.--The term ``project obligation'' 
        means any note, bond, debenture, or other debt obligation 
        issued by an obligor in connection with the financing of a 
        project, other than a Federal credit instrument.
            (13) Public authority.--The term ``public authority'' means 
        a Federal, State, county, town, or township, Indian Tribe, 
        municipal or other local government or instrumentality with 
        authority to finance, build, operate, or maintain 
        infrastructure for the provision of broadband service.
            (14) Rating agency.--The term ``rating agency'' means a 
        credit rating agency registered with the Securities and 
        Exchange Commission as a nationally recognized statistical 
        rating organization (as defined in section 3(a) of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).
            (15) Secured loan.--The term ``secured loan'' means a 
        direct loan or other debt obligation issued by an obligor and 
        funded by the Assistant Secretary in connection with the 
        financing of a project under section 31323.
            (16) Small project.--The term ``small project'' means a 
        project having eligible project costs that are reasonably 
        anticipated not to equal or exceed $20,000,000.
            (17) Subsidy amount.--The term ``subsidy amount'' means the 
        amount of budget authority sufficient to cover the estimated 
        long-term cost to the Federal Government of a Federal credit 
        instrument--
                    (A) calculated on a net present value basis; and
                    (B) excluding administrative costs and any 
                incidental effects on governmental receipts or outlays 
                in accordance with the Federal Credit Reform Act of 
                1990 (2 U.S.C. 661 et seq.).
            (18) Substantial completion.--The term ``substantial 
        completion'' means, with respect to a project receiving credit 
        assistance under the BIFIA program--
                    (A) the commencement of the provision of broadband 
                service using the infrastructure being financed; or
                    (B) a comparable event, as determined by the 
                Assistant Secretary and specified in the credit 
                agreement.

SEC. 31322. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.

    (a) Eligibility.--
            (1) In general.--A project shall be eligible to receive 
        credit assistance under the BIFIA program if--
                    (A) the entity proposing to carry out the project 
                submits a letter of interest prior to submission of a 
                formal application for the project; and
                    (B) the project meets the criteria described in 
                this subsection.
            (2) Creditworthiness.--
                    (A) In general.--Except as provided in subparagraph 
                (B), to be eligible for assistance under the BIFIA 
                program, a project shall satisfy applicable 
                creditworthiness standards, which, at a minimum, shall 
                include--
                            (i) adequate coverage requirements to 
                        ensure repayment;
                            (ii) an investment-grade rating from at 
                        least two rating agencies on debt senior to the 
                        Federal credit instrument; and
                            (iii) a rating from at least two rating 
                        agencies on the Federal credit instrument.
                    (B) Small projects.--In order for a small project 
                to be eligible for assistance under the BIFIA program, 
                such project shall satisfy alternative creditworthiness 
                standards that shall be established by the Assistant 
                Secretary under section 31325 for purposes of this 
                paragraph.
            (3) Application.--A State, local government, agency or 
        instrumentality of a State or local government, public 
        authority, public-private partnership, or any other legal 
        entity undertaking the project and authorized by the Assistant 
        Secretary shall submit a project application that is acceptable 
        to the Assistant Secretary.
            (4) Eligible project cost parameters for infrastructure 
        projects.--Eligible project costs shall be reasonably 
        anticipated to equal or exceed $2,000,000 in the case of a 
        project or program of projects--
                    (A) in which the applicant is a local government, 
                instrumentality of local government, or public 
                authority (other than a public authority that is a 
                Federal or State government or instrumentality);
                    (B) located on a facility owned by a local 
                government; or
                    (C) for which the Assistant Secretary determines 
                that a local government is substantially involved in 
                the development of the project.
            (5) Dedicated revenue sources.--The applicable Federal 
        credit instrument shall be repayable, in whole or in part, 
        from--
                    (A) amounts charged to--
                            (i) subscribers of broadband service for 
                        such service; or
                            (ii) subscribers of any related service 
                        provided over the same infrastructure for such 
                        related service;
                    (B) user fees;
                    (C) payments owing to the obligor under a public-
                private partnership; or
                    (D) other dedicated revenue sources that also 
                secure or fund the project obligations.
            (6) Applications where obligor will be identified later.--A 
        State, local government, agency or instrumentality of a State 
        or local government, or public authority may submit to the 
        Assistant Secretary an application under paragraph (3), under 
        which a private party to a public-private partnership will be--
                    (A) the obligor; and
                    (B) identified later through completion of a 
                procurement and selection of the private party.
            (7) Beneficial effects.--The Assistant Secretary shall 
        determine that financial assistance for the project under the 
        BIFIA program will--
                    (A) foster, if appropriate, partnerships that 
                attract public and private investment for the project;
                    (B) enable the project to proceed at an earlier 
                date than the project would otherwise be able to 
                proceed or reduce the lifecycle costs (including debt 
                service costs) of the project; and
                    (C) reduce the contribution of Federal grant 
                assistance for the project.
            (8) Project readiness.--To be eligible for assistance under 
        the BIFIA program, the applicant shall demonstrate a reasonable 
        expectation that the contracting process for the construction 
        and deployment of infrastructure for the provision of broadband 
        service through the project can commence by no later than 90 
        days after the date on which a Federal credit instrument is 
        obligated for the project under the BIFIA program.
            (9) Public sponsorship of private entities.--
                    (A) In general.--If an eligible project is carried 
                out by an entity that is not a State or local 
                government or an agency or instrumentality of a State 
                or local government or a Tribal Government or 
                consortium of Tribal Governments, the project shall be 
                publicly sponsored.
                    (B) Public sponsorship.--For purposes of this 
                chapter, a project shall be considered to be publicly 
                sponsored if the obligor can demonstrate, to the 
                satisfaction of the Assistant Secretary, that the 
                project applicant has consulted with the State, local, 
                or Tribal Government in the area in which the project 
                is located, or that is otherwise affected by the 
                project, and that such Government supports the 
                proposal.
    (b) Selection Among Eligible Projects.--
            (1) Establishment of application process.--The Assistant 
        Secretary shall establish a rolling application process under 
        which projects that are eligible to receive credit assistance 
        under subsection (a) shall receive credit assistance on terms 
        acceptable to the Assistant Secretary, if adequate funds are 
        available to cover the subsidy costs associated with the 
        Federal credit instrument.
            (2) Preliminary rating opinion letter.--The Assistant 
        Secretary shall require each project applicant to provide--
                    (A) a preliminary rating opinion letter from at 
                least one rating agency--
                            (i) indicating that the senior obligations 
                        of the project, which may be the Federal credit 
                        instrument, have the potential to achieve an 
                        investment-grade rating; and
                            (ii) including a preliminary rating opinion 
                        on the Federal credit instrument; or
                    (B) in the case of a small project, alternative 
                documentation that the Assistant Secretary shall 
                require in the standards established under section 
                31325 for purposes of this paragraph.
            (3) Technology neutrality required.--In selecting projects 
        to receive credit assistance under the BIFIA program, the 
        Assistant Secretary may not favor a project using any 
        particular technology.
            (4) Preference for open-access networks.--In selecting 
        projects to receive credit assistance under the BIFIA program, 
        the Assistant Secretary shall give preference to projects 
        providing for the deployment of open-access broadband service 
        networks.
    (c) Federal Requirements.--
            (1) In general.--The following provisions of law shall 
        apply to funds made available under the BIFIA program and 
        projects assisted with those funds:
                    (A) Title VI of the Civil Rights Act of 1964 (42 
                U.S.C. 2000d et seq.).
                    (B) The National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
                    (C) 54 U.S.C. 300101 et seq. (commonly referred to 
                as the ``National Historic Preservation Act'').
                    (D) The Uniform Relocation Assistance and Real 
                Property Acquisition Policies Act of 1970 (42 U.S.C. 
                4601 et seq.).
            (2) NEPA.--No funding shall be obligated for a project that 
        has not received an environmental categorical exclusion, a 
        finding of no significant impact, or a record of decision under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
            (3) Title vi of the civil rights act of 1964.--For purposes 
        of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et 
        seq.), any project that receives credit assistance under the 
        BIFIA program shall be considered a program or activity within 
        the meaning of section 606 of such title (42 U.S.C. 2000d-4a).
            (4) Contracting requirements.--All laborers and mechanics 
        employed by contractors or subcontractors in the performance of 
        construction, alteration, or repair work carried out, in whole 
        or in part, with assistance made available through a Federal 
        credit instrument shall be paid wages at rates not less than 
        those prevailing on projects of a similar character in the 
        locality as determined by the Secretary of Labor in accordance 
        with subchapter IV of chapter 31 of title 40, United States 
        Code. With respect to the labor standards in this paragraph, 
        the Secretary of Labor shall have the authority and functions 
        set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 
        1267; 5 U.S.C. App.) and section 3145 of title 40, United 
        States Code.
            (5) Neutrality requirement.--An employer receiving 
        assistance made available through a Federal credit instrument 
        under this chapter shall remain neutral with respect to the 
        exercise of employees and labor organizations of the right to 
        organize and bargain under the National Labor Relations Act (29 
        U.S.C. 151 et seq.).
            (6) Referral of alleged violations of applicable federal 
        labor and employment laws.--The Assistant Secretary shall refer 
        any alleged violation of an applicable labor and employment law 
        to the appropriate Federal agency for investigation and 
        enforcement, and any alleged violation of paragraph (4) or (5) 
        to the National Labor Relations Board for investigation and 
        enforcement, utilizing all appropriate remedies up to and 
        including debarment from the BIFIA program.
    (d) Application Processing Procedures.--
            (1) Notice of complete application.--Not later than 30 days 
        after the date of receipt of an application under this section, 
        the Assistant Secretary shall provide to the applicant a 
        written notice to inform the applicant whether--
                    (A) the application is complete; or
                    (B) additional information or materials are needed 
                to complete the application.
            (2) Approval or denial of application.--Not later than 60 
        days after the date of issuance of the written notice under 
        paragraph (1), the Assistant Secretary shall provide to the 
        applicant a written notice informing the applicant whether the 
        Assistant Secretary has approved or disapproved the 
        application.
            (3) Approval before nepa review.--Subject to subsection 
        (c)(2), an application for a project may be approved before the 
        project receives an environmental categorical exclusion, a 
        finding of no significant impact, or a record of decision under 
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
        et seq.).
    (e) Development Phase Activities.--Any credit instrument secured 
under the BIFIA program may be used to finance up to 100 percent of the 
cost of development phase activities as described in section 
31321(3)(A).

SEC. 31323. SECURED LOANS.

    (a) In General.--
            (1) Agreements.--Subject to paragraphs (2) and (3), the 
        Assistant Secretary may enter into agreements with one or more 
        obligors to make secured loans, the proceeds of which shall be 
        used--
                    (A) to finance eligible project costs of any 
                project selected under section 31322;
                    (B) to refinance interim construction financing of 
                eligible project costs of any project selected under 
                section 31322; or
                    (C) to refinance long-term project obligations or 
                Federal credit instruments, if the refinancing provides 
                additional funding capacity for the completion, 
                enhancement, or expansion of any project that--
                            (i) is selected under section 31322; or
                            (ii) otherwise meets the requirements of 
                        section 31322.
            (2) Limitation on refinancing of interim construction 
        financing.--A loan under paragraph (1) shall not refinance 
        interim construction financing under paragraph (1)(B)--
                    (A) if the maturity of such interim construction 
                financing is later than 1 year after the substantial 
                completion of the project; and
                    (B) later than 1 year after the date of substantial 
                completion of the project.
            (3) Risk assessment.--Before entering into an agreement 
        under this subsection, the Assistant Secretary, in consultation 
        with the Director of the Office of Management and Budget, shall 
        determine an appropriate capital reserve subsidy amount for 
        each secured loan, taking into account each rating letter 
        provided by a rating agency under section 31322(b)(2)(A)(ii) 
        or, in the case of a small project, the alternative 
        documentation provided under section 31322(b)(2)(B).
    (b) Terms and Limitations.--
            (1) In general.--A secured loan under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Assistant Secretary determines to be appropriate.
            (2) Maximum amount.--The amount of a secured loan under 
        this section shall not exceed the lesser of 49 percent of the 
        reasonably anticipated eligible project costs or, if the 
        secured loan is not for a small project and does not receive an 
        investment-grade rating, the amount of the senior project 
        obligations.
            (3) Payment.--A secured loan under this section--
                    (A) shall--
                            (i) be payable, in whole or in part, from--
                                    (I) amounts charged to--
                                            (aa) subscribers of 
                                        broadband service for such 
                                        service; or
                                            (bb) subscribers of any 
                                        related service provided over 
                                        the same infrastructure for 
                                        such related service;
                                    (II) user fees;
                                    (III) payments owing to the obligor 
                                under a public-private partnership; or
                                    (IV) other dedicated revenue 
                                sources that also secure the senior 
                                project obligations; and
                            (ii) include a coverage requirement or 
                        similar security feature supporting the project 
                        obligations; and
                    (B) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (4) Interest rate.--The interest rate on a secured loan 
        under this section shall be not less than the yield on United 
        States Treasury securities of a similar maturity to the 
        maturity of the secured loan on the date of execution of the 
        loan agreement.
            (5) Maturity date.--The final maturity date of the secured 
        loan shall be the lesser of--
                    (A) 35 years after the date of substantial 
                completion of the project; and
                    (B) if the useful life of the infrastructure for 
                the provision of broadband service being financed is of 
                a lesser period, the useful life of the infrastructure.
            (6) Nonsubordination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the secured loan shall not be subordinated to the 
                claims of any holder of project obligations in the 
                event of bankruptcy, insolvency, or liquidation of the 
                obligor.
                    (B) Preexisting indenture.--
                            (i) In general.--The Assistant Secretary 
                        shall waive the requirement under subparagraph 
                        (A) for a public agency borrower that is 
                        financing ongoing capital programs and has 
                        outstanding senior bonds under a preexisting 
                        indenture, if--
                                    (I) the secured loan--
                                            (aa) is rated in the A 
                                        category or higher; or
                                            (bb) in the case of a small 
                                        project, meets an alternative 
                                        standard that the Assistant 
                                        Secretary shall establish under 
                                        section 31325 for purposes of 
                                        this subclause;
                                    (II) the secured loan is secured 
                                and payable from pledged revenues not 
                                affected by project performance, such 
                                as a tax-backed revenue pledge or a 
                                system-backed pledge of project 
                                revenues; and
                                    (III) the BIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            (ii) Limitation.--If the Assistant 
                        Secretary waives the nonsubordination 
                        requirement under this subparagraph--
                                    (I) the maximum credit subsidy to 
                                be paid by the Federal Government shall 
                                be not more than 10 percent of the 
                                principal amount of the secured loan; 
                                and
                                    (II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost, if any.
            (7) Fees.--The Assistant Secretary may establish fees at a 
        level sufficient to cover all or a portion of the costs to the 
        Federal Government of making a secured loan under this section.
            (8) Non-federal share.--The proceeds of a secured loan 
        under the BIFIA program, if the loan is repayable from non-
        Federal funds--
                    (A) may be used for any non-Federal share of 
                project costs required under this chapter; and
                    (B) shall not count toward the total Federal 
                assistance provided for a project for purposes of 
                paragraph (9).
            (9) Maximum federal involvement.--The total Federal 
        assistance provided for a project receiving a loan under the 
        BIFIA program shall not exceed 80 percent of the total project 
        cost.
    (c) Repayment.--
            (1) Schedule.--The Assistant Secretary shall establish a 
        repayment schedule for each secured loan under this section 
        based on--
                    (A) the projected cash flow from project revenues 
                and other repayment sources; and
                    (B) the useful life of the infrastructure for the 
                provision of broadband service being financed.
            (2) Commencement.--Scheduled loan repayments of principal 
        or interest on a secured loan under this section shall commence 
        not later than 5 years after the date of substantial completion 
        of the project.
            (3) Deferred payments.--
                    (A) In general.--If, at any time after the date of 
                substantial completion of the project, the project is 
                unable to generate sufficient revenues to pay the 
                scheduled loan repayments of principal and interest on 
                the secured loan, the Assistant Secretary may, subject 
                to subparagraph (C), allow the obligor to add unpaid 
                principal and interest to the outstanding balance of 
                the secured loan.
                    (B) Interest.--Any payment deferred under 
                subparagraph (A) shall--
                            (i) continue to accrue interest in 
                        accordance with subsection (b)(4) until fully 
                        repaid; and
                            (ii) be scheduled to be amortized over the 
                        remaining term of the loan.
                    (C) Criteria.--
                            (i) In general.--Any payment deferral under 
                        subparagraph (A) shall be contingent on the 
                        project meeting criteria established by the 
                        Assistant Secretary.
                            (ii) Repayment standards.--The criteria 
                        established pursuant to clause (i) shall 
                        include standards for reasonable assurance of 
                        repayment.
            (4) Prepayment.--
                    (A) Use of excess revenues.--Any excess revenues 
                that remain after satisfying scheduled debt service 
                requirements on the project obligations and secured 
                loan and all deposit requirements under the terms of 
                any trust agreement, bond resolution, or similar 
                agreement securing project obligations may be applied 
                annually to prepay the secured loan without penalty.
                    (B) Use of proceeds of refinancing.--The secured 
                loan may be prepaid at any time without penalty from 
                the proceeds of refinancing from non-Federal funding 
                sources.
    (d) Sale of Secured Loans.--
            (1) In general.--Subject to paragraph (2), as soon as 
        practicable after substantial completion of a project and after 
        notifying the obligor, the Assistant Secretary may sell to 
        another entity or reoffer into the capital markets a secured 
        loan for the project if the Assistant Secretary determines that 
        the sale or reoffering can be made on favorable terms.
            (2) Consent of obligor.--In making a sale or reoffering 
        under paragraph (1), the Assistant Secretary may not change the 
        original terms and conditions of the secured loan without the 
        written consent of the obligor.
    (e) Loan Guarantees.--
            (1) In general.--The Assistant Secretary may provide a loan 
        guarantee to a lender in lieu of making a secured loan under 
        this section if the Assistant Secretary determines that the 
        budgetary cost of the loan guarantee is substantially the same 
        as that of a secured loan.
            (2) Terms.--The terms of a loan guarantee under paragraph 
        (1) shall be consistent with the terms required under this 
        section for a secured loan, except that the rate on the 
        guaranteed loan and any prepayment features shall be negotiated 
        between the obligor and the lender, with the consent of the 
        Assistant Secretary.
    (f) Streamlined Application Process.--
            (1) In general.--The Assistant Secretary shall develop one 
        or more expedited application processes, available at the 
        request of entities seeking secured loans under the BIFIA 
        program, that use a set or sets of conventional terms 
        established pursuant to this section.
            (2) Terms.--In establishing the streamlined application 
        process required by this subsection, the Assistant Secretary 
        may allow for an expedited application period and include terms 
        such as those that require--
                    (A) that the project be a small project;
                    (B) the secured loan to be secured and payable from 
                pledged revenues not affected by project performance, 
                such as a tax-backed revenue pledge, tax increment 
                financing, or a system-backed pledge of project 
                revenues; and
                    (C) repayment of the loan to commence not later 
                than 5 years after disbursement.

SEC. 31324. LINES OF CREDIT.

    (a) In General.--
            (1) Agreements.--Subject to paragraphs (2) through (4), the 
        Assistant Secretary may enter into agreements to make available 
        to one or more obligors lines of credit in the form of direct 
        loans to be made by the Assistant Secretary at future dates on 
        the occurrence of certain events for any project selected under 
        section 31322.
            (2) Use of proceeds.--The proceeds of a line of credit made 
        available under this section shall be available to pay debt 
        service on project obligations issued to finance eligible 
        project costs, extraordinary repair and replacement costs, 
        operation and maintenance expenses, and costs associated with 
        unexpected Federal or State environmental restrictions.
            (3) Risk assessment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), before entering into an agreement under this 
                subsection, the Assistant Secretary, in consultation 
                with the Director of the Office of Management and 
                Budget and each rating agency providing a preliminary 
                rating opinion letter under section 31322(b)(2)(A), 
                shall determine an appropriate capital reserve subsidy 
                amount for each line of credit, taking into account the 
                rating opinion letter.
                    (B) Small projects.--Before entering into an 
                agreement under this subsection to make available a 
                line of credit for a small project, the Assistant 
                Secretary, in consultation with the Director of the 
                Office of Management and Budget, shall determine an 
                appropriate capital reserve subsidy amount for each 
                such line of credit, taking into account the 
                alternative documentation provided under section 
                31322(b)(2)(B) instead of preliminary rating opinion 
                letters provided under section 31322(b)(2)(A).
            (4) Investment-grade rating requirement.--The funding of a 
        line of credit under this section shall be contingent on--
                    (A) the senior obligations of the project receiving 
                an investment-grade rating from 2 rating agencies; or
                    (B) in the case of a small project, the project 
                meeting an alternative standard that the Assistant 
                Secretary shall establish under section 31325 for 
                purposes of this paragraph.
    (b) Terms and Limitations.--
            (1) In general.--A line of credit under this section with 
        respect to a project shall be on such terms and conditions and 
        contain such covenants, representations, warranties, and 
        requirements (including requirements for audits) as the 
        Assistant Secretary determines to be appropriate.
            (2) Maximum amounts.--The total amount of a line of credit 
        under this section shall not exceed 33 percent of the 
        reasonably anticipated eligible project costs.
            (3) Draws.--Any draw on a line of credit under this section 
        shall--
                    (A) represent a direct loan; and
                    (B) be made only if net revenues from the project 
                (including capitalized interest, but not including 
                reasonably required financing reserves) are 
                insufficient to pay the costs specified in subsection 
                (a)(2).
            (4) Interest rate.--The interest rate on a direct loan 
        resulting from a draw on the line of credit shall be not less 
        than the yield on 30-year United States Treasury securities, as 
        of the date of execution of the line of credit agreement.
            (5) Security.--A line of credit issued under this section--
                    (A) shall--
                            (i) be payable, in whole or in part, from--
                                    (I) amounts charged to--
                                            (aa) subscribers of 
                                        broadband service for such 
                                        service; or
                                            (bb) subscribers of any 
                                        related service provided over 
                                        the same infrastructure for 
                                        such related service;
                                    (II) user fees;
                                    (III) payments owing to the obligor 
                                under a public-private partnership; or
                                    (IV) other dedicated revenue 
                                sources that also secure the senior 
                                project obligations; and
                            (ii) include a coverage requirement or 
                        similar security feature supporting the project 
                        obligations; and
                    (B) may have a lien on revenues described in 
                subparagraph (A), subject to any lien securing project 
                obligations.
            (6) Period of availability.--The full amount of a line of 
        credit under this section, to the extent not drawn upon, shall 
        be available during the 10-year period beginning on the date of 
        substantial completion of the project.
            (7) Rights of third-party creditors.--
                    (A) Against federal government.--A third-party 
                creditor of the obligor shall not have any right 
                against the Federal Government with respect to any draw 
                on a line of credit under this section.
                    (B) Assignment.--An obligor may assign a line of 
                credit under this section to--
                            (i) one or more lenders; or
                            (ii) a trustee on the behalf of such a 
                        lender.
            (8) Nonsubordination.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a direct loan under this section shall not be 
                subordinated to the claims of any holder of project 
                obligations in the event of bankruptcy, insolvency, or 
                liquidation of the obligor.
                    (B) Pre-existing indenture.--
                            (i) In general.--The Assistant Secretary 
                        shall waive the requirement of subparagraph (A) 
                        for a public agency borrower that is financing 
                        ongoing capital programs and has outstanding 
                        senior bonds under a preexisting indenture, 
                        if--
                                    (I) the line of credit--
                                            (aa) is rated in the A 
                                        category or higher; or
                                            (bb) in the case of a small 
                                        project, meets an alternative 
                                        standard that the Assistant 
                                        Secretary shall establish under 
                                        section 31325 for purposes of 
                                        this subclause;
                                    (II) the BIFIA program loan 
                                resulting from a draw on the line of 
                                credit is payable from pledged revenues 
                                not affected by project performance, 
                                such as a tax-backed revenue pledge or 
                                a system-backed pledge of project 
                                revenues; and
                                    (III) the BIFIA program share of 
                                eligible project costs is 33 percent or 
                                less.
                            (ii) Limitation.--If the Assistant 
                        Secretary waives the nonsubordination 
                        requirement under this subparagraph--
                                    (I) the maximum credit subsidy to 
                                be paid by the Federal Government shall 
                                be not more than 10 percent of the 
                                principal amount of the secured loan; 
                                and
                                    (II) the obligor shall be 
                                responsible for paying the remainder of 
                                the subsidy cost.
            (9) Fees.--The Assistant Secretary may establish fees at a 
        level sufficient to cover all or a portion of the costs to the 
        Federal Government of providing a line of credit under this 
        section.
            (10) Relationship to other credit instruments.--A project 
        that receives a line of credit under this section also shall 
        not receive a secured loan or loan guarantee under section 
        31323 in an amount that, combined with the amount of the line 
        of credit, exceeds 49 percent of eligible project costs.
    (c) Repayment.--
            (1) Terms and conditions.--The Assistant Secretary shall 
        establish repayment terms and conditions for each direct loan 
        under this section based on--
                    (A) the projected cash flow from project revenues 
                and other repayment sources; and
                    (B) the useful life of the infrastructure for the 
                provision of broadband service being financed.
            (2) Timing.--All repayments of principal or interest on a 
        direct loan under this section shall be scheduled--
                    (A) to commence not later than 5 years after the 
                end of the period of availability specified in 
                subsection (b)(6); and
                    (B) to conclude, with full repayment of principal 
                and interest, by the date that is 25 years after the 
                end of the period of availability specified in 
                subsection (b)(6).

SEC. 31325. ALTERNATIVE PRUDENTIAL LENDING STANDARDS FOR SMALL 
              PROJECTS.

    Not later than 180 days after the date of the enactment of this 
Act, the Assistant Secretary shall establish alternative, streamlined 
prudential lending standards for small projects receiving credit 
assistance under the BIFIA program to ensure that such projects pose no 
additional risk to the Federal Government, as compared with projects 
that are not small projects.

SEC. 31326. PROGRAM ADMINISTRATION.

    (a) Requirement.--The Assistant Secretary shall establish a uniform 
system to service the Federal credit instruments made available under 
the BIFIA program.
    (b) Fees.--The Assistant Secretary may collect and spend fees, 
contingent on authority being provided in appropriations Acts, at a 
level that is sufficient to cover--
            (1) the costs of services of expert firms retained pursuant 
        to subsection (d); and
            (2) all or a portion of the costs to the Federal Government 
        of servicing the Federal credit instruments.
    (c) Servicer.--
            (1) In general.--The Assistant Secretary may appoint a 
        financial entity to assist the Assistant Secretary in servicing 
        the Federal credit instruments.
            (2) Duties.--A servicer appointed under paragraph (1) shall 
        act as the agent for the Assistant Secretary.
            (3) Fee.--A servicer appointed under paragraph (1) shall 
        receive a servicing fee, subject to approval by the Assistant 
        Secretary.
    (d) Assistance From Expert Firms.--The Assistant Secretary may 
retain the services of expert firms, including counsel, in the field of 
municipal and project finance to assist in the underwriting and 
servicing of Federal credit instruments.
    (e) Expedited Processing.--The Assistant Secretary shall implement 
procedures and measures to economize the time and cost involved in 
obtaining approval and the issuance of credit assistance under the 
BIFIA program.
    (f) Assistance to Small Projects.--Of the amount appropriated under 
section 31329(a), and after the set-aside for administrative expenses 
under section 31329(b), not less than 20 percent shall be made 
available for the Assistant Secretary to use in lieu of fees collected 
under subsection (b) for small projects.

SEC. 31327. STATE AND LOCAL PERMITS.

    The provision of credit assistance under the BIFIA program with 
respect to a project shall not--
            (1) relieve any recipient of the assistance of any 
        obligation to obtain any required State or local permit or 
        approval with respect to the project;
            (2) limit the right of any unit of State or local 
        government to approve or regulate any rate of return on private 
        equity invested in the project; or
            (3) otherwise supersede any State or local law (including 
        any regulation) applicable to the construction or operation of 
        the project.

SEC. 31328. REGULATIONS.

    The Assistant Secretary may promulgate such regulations as the 
Assistant Secretary determines to be appropriate to carry out the BIFIA 
program.

SEC. 31329. FUNDING.

    (a) Appropriation.--There are appropriated to the Assistant 
Secretary, out of any money in the Treasury not otherwise appropriated, 
$5,000,000,000 to carry out this chapter for fiscal year 2021, to 
remain available until expended.
    (b) Administrative Expenses.--Of the amount appropriated under 
subsection (a), the Assistant Secretary may use not more than 5 percent 
for the administration of the BIFIA program.

SEC. 31330. REPORTS TO CONGRESS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, and every 2 years thereafter, the Assistant 
Secretary shall submit to Congress a report summarizing the financial 
performance of the projects that are receiving, or have received, 
assistance under the BIFIA program, including a recommendation as to 
whether the objectives of the BIFIA program are best served by--
            (1) continuing the program under the authority of the 
        Assistant Secretary; or
            (2) establishing a Federal corporation or federally 
        sponsored enterprise to administer the program.
    (b) Application Process Report.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and annually thereafter, the 
        Assistant Secretary shall submit to the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a report 
        that includes a list of all of the letters of interest and 
        applications received for assistance under the BIFIA program 
        during the preceding fiscal year.
            (2) Inclusions.--
                    (A) In general.--Each report under paragraph (1) 
                shall include, at a minimum, a description of, with 
                respect to each letter of interest and application 
                included in the report--
                            (i) the date on which the letter of 
                        interest or application was received;
                            (ii) the date on which a notification was 
                        provided to the applicant regarding whether the 
                        application was complete or incomplete;
                            (iii) the date on which a revised and 
                        completed application was submitted (if 
                        applicable);
                            (iv) the date on which a notification was 
                        provided to the applicant regarding whether the 
                        project was approved or disapproved; and
                            (v) if the project was not approved, the 
                        reason for the disapproval.
                    (B) Correspondence.--Each report under paragraph 
                (1) shall include copies of any correspondence provided 
                to the applicant in accordance with section 31322(d).

                    CHAPTER 3--WI-FI ON SCHOOL BUSES

SEC. 31341. E-RATE SUPPORT FOR SCHOOL BUS WI-FI.

    (a) Rulemaking.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Commission shall commence a 
        rulemaking to make the provision of Wi-Fi access on school 
        buses eligible for support under the E-rate program of the 
        Commission set forth under subpart F of part 54 of title 47, 
        Code of Federal Regulations.
            (2) Eligible recipients.--Notwithstanding section 
        254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 
        254(h)(1)(B)), the Commission shall provide in the rulemaking 
        under paragraph (1) for State educational agencies, educational 
        service agencies, and local educational agencies to be eligible 
        to receive the support described in such paragraph.
    (b) Definitions.--In this section:
            (1) School bus.--The term ``school bus'' means a passenger 
        motor vehicle that is--
                    (A) designed to carry a driver and not less than 
                five passengers; and
                    (B) used significantly to transport--
                            (i) children enrolled in an early childhood 
                        education program to or from such program or an 
                        event related to such program; or
                            (ii) students enrolled in an elementary 
                        school or secondary school to or from such 
                        school or an event related to such school.
            (2) Terms defined in elementary and secondary education act 
        of 1965.--The terms ``early childhood education program'', 
        ``educational service agency'', ``elementary school'', ``local 
        educational agency'', ``secondary school'', and ``State 
        educational agency'' have the meanings given such terms in 
        section 8101 of the Elementary and Secondary Education Act of 
        1965 (20 U.S.C. 7801).

                    Subtitle D--Community Broadband

SEC. 31401. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP, AND CO-OP 
              BROADBAND SERVICES.

    Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302) 
is amended--
            (1) by redesignating subsection (d) as subsection (e) and 
        inserting after subsection (c) the following:
    ``(d) State, Local, Public-Private Partnership, and Co-Op Advanced 
Telecommunications Capability and Services.--
            ``(1) In general.--No State statute, regulation, or other 
        State legal requirement may prohibit or have the effect of 
        prohibiting any public provider, public-private partnership 
        provider, or cooperatively organized provider from providing, 
        to any person or any public or private entity, advanced 
        telecommunications capability or any service that utilizes the 
        advanced telecommunications capability provided by such 
        provider.
            ``(2) Antidiscrimination safeguards.--
                    ``(A) Public providers.--To the extent any public 
                provider regulates competing private providers of 
                advanced telecommunications capability or services that 
                utilize advanced telecommunications capability, such 
                public provider shall apply its ordinances and rules 
                without discrimination in favor of itself or any 
                provider that it owns of services that utilize advanced 
                telecommunications capability.
                    ``(B) Public-private partnership providers.--To the 
                extent any State or local entity that is part of a 
                public-private partnership provider regulates competing 
                private providers of advanced telecommunications 
                capability or services that utilize advanced 
                telecommunications capability, such State or local 
                entity shall apply its ordinances and rules without 
                discrimination in favor of such public-private 
                partnership provider or any provider that such State or 
                local entity or public-private partnership provider 
                owns of services that utilize advanced 
                telecommunications capability.
            ``(3) Savings clause.--Nothing in this subsection shall 
        exempt a public provider, public-private partnership provider, 
        or cooperatively organized provider from any Federal or State 
        telecommunications law or regulation that applies to all 
        providers of advanced telecommunications capability or services 
        that utilize such advanced telecommunications capability.''; 
        and
            (2) in subsection (e), as redesignated--
                    (A) in the matter preceding paragraph (1), by 
                striking ``this subsection'' and inserting ``this 
                section'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following:
            ``(2) Cooperatively organized provider.--The term 
        `cooperatively organized provider' means an entity that is 
        treated as a cooperative under Federal tax law and that 
        provides advanced telecommunications capability, or any service 
        that utilizes such advanced telecommunications capability, to 
        any person or public or private entity.''; and
                    (D) by adding at the end the following:
            ``(4) Public provider.--The term `public provider' means a 
        State or local entity that provides advanced telecommunications 
        capability, or any service that utilizes such advanced 
        telecommunications capability, to any person or public or 
        private entity.
            ``(5) Public-private partnership provider.--The term 
        `public-private partnership provider' means a public-private 
        partnership, between a State or local entity and a private 
        entity, that provides advanced telecommunications capability, 
        or any service that utilizes such advanced telecommunications 
        capability, to any person or public or private entity.
            ``(6) State or local entity.--The term `State or local 
        entity' means a State or political subdivision thereof, any 
        agency, authority, or instrumentality of a State or political 
        subdivision thereof, or an Indian tribe (as defined in section 
        4(e) of the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 5304(e))).''.

       Subtitle E--Repeal of Rule and Prohibition on Use of NPRM

SEC. 31501. REPEAL OF RULE AND PROHIBITION ON USE OF NPRM.

    (a) Repeal of Rule.--The Fourth Report and Order, Order on 
Reconsideration, Memorandum Opinion and Order, Notice of Proposed 
Rulemaking, and Notice of Inquiry in the matter of bridging the digital 
divide for low-income consumers, lifeline and link up reform and 
modernization, telecommunications carriers eligible for universal 
service support that was adopted by the Commission on November 16, 2017 
(FCC 17-155) shall have no force or effect.
    (b) Rulemaking in Reliance on Universal Service Contribution 
Methodology NPRM Prohibited.--Beginning on the date of the enactment of 
this Act, the Commission may not rely on the Notice of Proposed 
Rulemaking in the matter of universal service contribution methodology 
that was adopted by the Commission on May 15, 2019 (FCC 19-46), to 
satisfy the requirements of section 553 of title 5, United States Code, 
for adopting, amending, revoking, or otherwise modifying any rule (as 
defined in section 551 of such title) of the Commission.
    (c) Repeal of Declaratory Ruling and Prohibition on Use of NPRM.--
The Notice of Proposed Rulemaking and Declaratory Ruling in the matter 
of improving competitive broadband access to multiple tenant 
environments and petition for preemption of Article 52 of the San 
Francisco Police Code filed by the Multifamily Broadband Council that 
was adopted by the Commission on July 10, 2019 (FCC 19-65), shall have 
no force or effect and the Commission may not rely on such Notice of 
Proposed Rulemaking to satisfy the requirements of section 553 of title 
5, United States Code, for adopting, amending, revoking, or otherwise 
modifying any rule (as defined in section 551 of such title) of the 
Commission.

                   Subtitle F--Next Generation 9-1-1

SEC. 31601. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the 9-1-1 professionals in the United States perform 
        important and lifesaving work every day, and need the tools and 
        communications technologies to perform the work effectively in 
        a world with digital communications technologies;
            (2) the transition from the legacy communications 
        technologies used in the 9-1-1 systems of the United States to 
        Next Generation 9-1-1 is a national priority and a national 
        imperative;
            (3) the United States should complete the transition 
        described in paragraph (2) as soon as practicable;
            (4) the United States should develop a nationwide framework 
        that facilitates cooperation among Federal, State, and local 
        officials on deployment of Next Generation 9-1-1 in order to 
        meet that goal;
            (5) the term ``Public Safety Answering Point'' becomes 
        outdated in a broadband environment and 9-1-1 centers are 
        increasingly and appropriately being referred to as emergency 
        communications centers; and
            (6) 9-1-1 authorities and emergency communications centers 
        should have sufficient resources to implement Next Generation 
        9-1-1, including resources to support associated geographic 
        information systems (commonly known as ``GIS''), and 
        cybersecurity measures.

SEC. 31602. STATEMENT OF POLICY.

    It is the policy of the United States that--
            (1) Next Generation 9-1-1 should be technologically and 
        competitively neutral;
            (2) Next Generation 9-1-1 should be interoperable;
            (3) the governance and control of the 9-1-1 systems of the 
        United States, including Next Generation 9-1-1, should remain 
        at the State, regional, and local level; and
            (4) individuals in the United States should receive 
        information on how to best utilize Next Generation 9-1-1 and on 
        its capabilities and usefulness.

SEC. 31603. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.

    Part C of title I of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 901 et seq.) is 
amended by adding at the end the following:

``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.

    ``(a) Additional Functions of 9-1-1 Implementation Coordination 
Office.--
            ``(1) Authority.--The Office shall implement the provisions 
        of this section.
            ``(2) Management plan.--
                    ``(A) Development.--The Assistant Secretary and the 
                Administrator shall develop and may modify a management 
                plan for the grant program established under this 
                section, including by developing--
                            ``(i) plans related to the organizational 
                        structure of such program; and
                            ``(ii) funding profiles for each fiscal 
                        year of the duration of such program.
                    ``(B) Submission to congress.--Not later than 90 
                days after the date of the enactment of this section or 
                90 days after the date on which the plan is modified, 
                as applicable, the Assistant Secretary and the 
                Administrator shall submit the management plan 
                developed under subparagraph (A) to--
                            ``(i) the Committees on Commerce, Science, 
                        and Transportation and Appropriations of the 
                        Senate; and
                            ``(ii) the Committees on Energy and 
                        Commerce and Appropriations of the House of 
                        Representatives.
            ``(3) Purpose of office.--The Office shall--
                    ``(A) take actions, in concert with coordinators 
                designated in accordance with subsection (b)(3)(A)(ii), 
                to improve coordination and communication with respect 
                to the implementation of Next Generation 9-1-1;
                    ``(B) develop, collect, and disseminate information 
                concerning practices, procedures, and technology used 
                in the implementation of Next Generation 9-1-1;
                    ``(C) advise and assist eligible entities in the 
                preparation of implementation plans required under 
                subsection (b)(3)(A)(iii);
                    ``(D) receive, review, and recommend the approval 
                or disapproval of applications for grants under 
                subsection (b); and
                    ``(E) oversee the use of funds provided by such 
                grants in fulfilling such implementation plans.
            ``(4) Reports.--The Assistant Secretary and the 
        Administrator shall provide an annual report to Congress by the 
        first day of October of each year on the activities of the 
        Office to improve coordination and communication with respect 
        to the implementation of Next Generation 9-1-1.
    ``(b) Next Generation 9-1-1 Implementation Grants.--
            ``(1) Matching grants.--The Assistant Secretary and the 
        Administrator, acting through the Office, shall provide grants 
        to eligible entities for--
                    ``(A) the implementation of Next Generation 9-1-1;
                    ``(B) establishing and maintaining Next Generation 
                9-1-1;
                    ``(C) training directly related to Next Generation 
                9-1-1;
                    ``(D) public outreach and education on how best to 
                use Next Generation 9-1-1 and on its capabilities and 
                usefulness; and
                    ``(E) administrative costs associated with planning 
                and implementation of Next Generation 9-1-1, including 
                costs related to planning for and preparing an 
                application and related materials as required by this 
                section, if--
                            ``(i) such costs are fully documented in 
                        materials submitted to the Office; and
                            ``(ii) such costs are reasonable and 
                        necessary and do not exceed 5 percent of the 
                        total grant award.
            ``(2) Matching requirement.--The Federal share of the cost 
        of a project eligible for a grant under this section shall not 
        exceed 80 percent.
            ``(3) Coordination required.--In providing grants under 
        paragraph (1), the Assistant Secretary and the Administrator 
        shall require an eligible entity to certify in its application 
        that--
                    ``(A) in the case of an eligible entity that is a 
                State, the entity--
                            ``(i) has coordinated the application with 
                        the emergency communications centers located 
                        within the jurisdiction of such entity;
                            ``(ii) has designated a single officer or 
                        governmental body to serve as the State point 
                        of contact to coordinate the implementation of 
                        Next Generation 9-1-1 for that State, except 
                        that such designation need not vest such 
                        coordinator with direct legal authority to 
                        implement Next Generation 9-1-1 or to manage 
                        emergency communications operations; and
                            ``(iii) has developed and submitted a State 
                        plan for the coordination and implementation of 
                        Next Generation 9-1-1 that--
                                    ``(I) ensures interoperability by 
                                requiring the use of commonly accepted 
                                standards;
                                    ``(II) enables emergency 
                                communications centers to process, 
                                analyze, and store multimedia, data, 
                                and other information;
                                    ``(III) incorporates the use of 
                                effective cybersecurity resources;
                                    ``(IV) uses open and competitive 
                                request for proposal processes, or the 
                                applicable State equivalent, for 
                                deployment of Next Generation 9-1-1;
                                    ``(V) includes input from relevant 
                                emergency communications centers, 
                                regional authorities, local 
                                authorities, and Tribal authorities; 
                                and
                                    ``(VI) includes a governance body 
                                or bodies, either by creation of new or 
                                use of existing body or bodies, for the 
                                development and deployment of Next 
                                Generation 9-1-1 that--
                                            ``(aa) includes relevant 
                                        stakeholders; and
                                            ``(bb) consults and 
                                        coordinates with the State 
                                        point of contact required by 
                                        clause (ii); or
                    ``(B) in the case of an eligible entity that is not 
                a State, the entity has complied with clauses (i) and 
                (iii) of subparagraph (A), and the State in which the 
                entity is located has complied with clause (ii) of such 
                subparagraph.
            ``(4) Criteria.--
                    ``(A) In general.--Not later than 9 months after 
                the date of enactment of this section, the Assistant 
                Secretary and the Administrator shall issue 
                regulations, after providing the public with notice and 
                an opportunity to comment, prescribing the criteria for 
                selection for grants under this section.
                    ``(B) Requirements.--The criteria shall--
                            ``(i) include performance requirements and 
                        a schedule for completion of any project to be 
                        financed by a grant under this section; and
                            ``(ii) specifically permit regional or 
                        multi-State applications for funds.
                    ``(C) Updates.--The Assistant Secretary and the 
                Administrator shall update such regulations as 
                necessary.
            ``(5) Grant certifications.--Each applicant for a grant 
        under this section shall certify to the Assistant Secretary and 
        the Administrator at the time of application, and each 
        applicant that receives such a grant shall certify to the 
        Assistant Secretary and the Administrator annually thereafter 
        during any period of time the funds from the grant are 
        available to the applicant, that--
                    ``(A) no portion of any designated 9-1-1 charges 
                imposed by a State or other taxing jurisdiction within 
                which the applicant is located are being obligated or 
                expended for any purpose other than the purposes for 
                which such charges are designated or presented during 
                the period beginning 180 days immediately preceding the 
                date on which the application was filed and continuing 
                through the period of time during which the funds from 
                the grant are available to the applicant;
                    ``(B) any funds received by the applicant will be 
                used to support deployment of Next Generation 9-1-1 
                that ensures interoperability by requiring the use of 
                commonly accepted standards;
                    ``(C) the State in which the applicant resides has 
                established, or has committed to establish no later 
                than 3 years following the date on which the funds are 
                distributed to the applicant, a sustainable funding 
                mechanism for Next Generation 9-1-1 to be deployed 
                pursuant to the grant;
                    ``(D) the applicant will promote interoperability 
                between Next Generation 9-1-1 emergency communications 
                centers and emergency response providers including 
                users of the nationwide public safety broadband network 
                implemented by the First Responder Network Authority;
                    ``(E) the applicant has or will take steps to 
                coordinate with adjoining States to establish and 
                maintain Next Generation 9-1-1; and
                    ``(F) the applicant has developed a plan for public 
                outreach and education on how to best use Next 
                Generation 9-1-1 and on its capabilities and 
                usefulness.
            ``(6) Condition of grant.--Each applicant for a grant under 
        this section shall agree, as a condition of receipt of the 
        grant, that if the State or other taxing jurisdiction within 
        which the applicant is located, during any period of time 
        during which the funds from the grant are available to the 
        applicant, fails to comply with the certifications required 
        under paragraph (5), all of the funds from such grant shall be 
        returned to the Office.
            ``(7) Penalty for providing false information.--Any 
        applicant that provides a certification under paragraph (5) 
        knowing that the information provided in the certification was 
        false shall--
                    ``(A) not be eligible to receive the grant under 
                this subsection;
                    ``(B) return any grant awarded under this 
                subsection during the time that the certification was 
                not valid; and
                    ``(C) not be eligible to receive any subsequent 
                grants under this subsection.
            ``(8) Prohibition.--No grant funds under this subsection 
        may be used--
                    ``(A) for any component of the Nationwide Public 
                Safety Broadband Network; or
                    ``(B) to make any payments to a person who has 
                been, for reasons of national security, prohibited by 
                any entity of the Federal Government from bidding on a 
                contract, participating in an auction, or receiving a 
                grant.
            ``(9) Contracting requirements.--All laborers and mechanics 
        employed by contractors or subcontractors in the performance of 
        construction, alteration, or repair work carried out, in whole 
        or in part, with a grant under this section shall be paid wages 
        at rates not less than those prevailing on projects of a 
        similar character in the locality as determined by the 
        Secretary of Labor in accordance with subchapter IV of chapter 
        31 of title 40, United States Code. With respect to the labor 
        standards in this paragraph, the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.
    ``(c) Funding and Termination.--
            ``(1) In general.--In addition to any funds authorized for 
        grants under section 158, there is authorized to be 
        appropriated $12,000,000,000 for fiscal years 2021 through 
        2025.
            ``(2) Administrative costs.--The Office may use up to 5 
        percent of the funds authorized under this subsection for 
        reasonable and necessary administrative costs associated with 
        the grant program.
    ``(d) Definitions.--In this section:
            ``(1) 9-1-1 request for emergency assistance.--The term `9-
        1-1 request for emergency assistance' means a communication, 
        such as voice, text, picture, multimedia, or any other type of 
        data that is sent to an emergency communications center for the 
        purpose of requesting emergency assistance.
            ``(2) Commonly accepted standards.--The term `commonly 
        accepted standards' means--
                    ``(A) the technical standards followed by the 
                communications industry for network, device, and 
                Internet Protocol connectivity, including but not 
                limited to, standards developed by the Third Generation 
                Partnership Project (3GPP), the Institute of Electrical 
                and Electronics Engineers (IEEE), the Alliance for 
                Telecommunications Industry Solutions (ATIS), the 
                Internet Engineering Taskforce (IETF), and the 
                International Telecommunications Union (ITU); and
                    ``(B) standards that are accredited by a recognized 
                authority such as the American National Standards 
                Institute (ANSI).
            ``(3) Designated 9-1-1 charges.--The term `designated 9-1-1 
        charges' means any taxes, fees, or other charges imposed by a 
        State or other taxing jurisdiction that are designated or 
        presented as dedicated to deliver or improve 9-1-1 services, 
        E9-1-1 services, or Next Generation 9-1-1.
            ``(4) Eligible entity.--The term `eligible entity'--
                    ``(A) means a State, local government, or a tribal 
                organization (as defined in section 4(l) of the Indian 
                Self-Determination and Education Assistance Act (25 
                U.S.C. 450b(l)));
                    ``(B) includes public authorities, boards, 
                commissions, and similar bodies created by one or more 
                eligible entities described in subparagraph (A) to 
                coordinate or provide Next Generation 9-1-1; and
                    ``(C) does not include any entity that has failed 
                to submit--
                            ``(i) the certifications required under 
                        subsection (b)(5); and
                            ``(ii) the most recently required 
                        certification under subsection (c) within 30 
                        days after the date on which such certification 
                        is due.
            ``(5) Emergency communications center.--The term `emergency 
        communications center' means a facility that is designated to 
        receive a 9-1-1 request for emergency assistance and perform 
        one or more of the following functions:
                    ``(A) Process and analyze 9-1-1 requests for 
                emergency assistance and other gathered information.
                    ``(B) Dispatch appropriate emergency response 
                providers.
                    ``(C) Transfer or exchange 9-1-1 requests for 
                emergency assistance and other gathered information 
                with other emergency communications centers and 
                emergency response providers.
                    ``(D) Analyze any communications received from 
                emergency response providers.
                    ``(E) Support incident command functions.
            ``(6) Emergency response provider.--The term `emergency 
        response provider' has the meaning given that term under 
        section 2 of the Homeland Security Act (47 U.S.C. 101(6)), 
        emergency response providers includes Federal, State, and local 
        governmental and nongovernmental emergency public safety, fire, 
        law enforcement, emergency response, emergency medical 
        (including hospital emergency facilities), and related 
        personnel, agencies, and authorities).
            ``(7) Interoperable.--The term `interoperable' or 
        `interoperability' means the capability of emergency 
        communications centers to receive 9-1-1 requests for emergency 
        assistance and related data such as location information and 
        callback numbers from the public, then process and share the 9-
        1-1 requests for emergency assistance and related data with 
        other emergency communications centers and emergency response 
        providers, regardless of jurisdiction, equipment, device, 
        software, service provider, or other relevant factors, and 
        without the need for proprietary interfaces.
            ``(8) Nationwide.--The term `nationwide' means all states 
        of the United States, the District of Columbia, Puerto Rico, 
        American Samoa, Guam, the United States Virgin Islands, the 
        Northern Mariana Islands, any other territory or possession of 
        the United States, and each federally recognized Indian Tribe.
            ``(9) Nationwide public safety broadband network.--The term 
        `nationwide public safety broadband network' has the meaning 
        given the term in section 6001 of the Middle Class Tax Relief 
        and Job Creation Act of 2012 (47 U.S.C. 1401).
            ``(10) Next generation 9-1-1.--The term Next Generation 9-
        1-1 means an interoperable, secure, Internet Protocol-based 
        system that--
                    ``(A) employs commonly accepted standards;
                    ``(B) enables the appropriate emergency 
                communications centers to receive, process, and analyze 
                all types of 9-1-1 requests for emergency assistance;
                    ``(C) acquires and integrates additional 
                information useful to handling 9-1-1 requests for 
                emergency assistance; and
                    ``(D) supports sharing information related to 9-1-1 
                requests for emergency assistance among emergency 
                communications centers and emergency response 
                providers.
            ``(11) Office.--The term `Office' means the Next Generation 
        9-1-1 Implementation Coordination Office established under 
        section 158 of this title.
            ``(12) State.--The term `State' means any State of the 
        United States, the District of Columbia, Puerto Rico, American 
        Samoa, Guam, the United States Virgin Islands, the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States.
            ``(13) Sustainable funding mechanism.--The term 
        `sustainable funding mechanism' means a funding mechanism that 
        provides adequate revenues to cover ongoing expenses, including 
        operations, maintenance, and upgrades.''.

SEC. 31604. SAVINGS PROVISION.

    Nothing in this subtitle or any amendment made by this subtitle 
shall affect any application pending or grant awarded under section 158 
of the National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 942) prior to date of the enactment of this 
Act.

     Subtitle G--Extension of 2.5 GHz Rural Tribal Priority Window

SEC. 31701. EXTENSION OF 2.5 GHZ RURAL TRIBAL PRIORITY WINDOW.

    The Commission shall extend the Rural Tribal Priority Window 
established for the 2.5 gigahertz band in the Public Notice released by 
the Commission on December 2, 2019 (DA 19-1226), by not less than 180 
days.

                     TITLE II--MOTOR VEHICLE SAFETY

SEC. 32001. SAFETY WARNING FOR OCCUPANTS OF HOT CARS.

    (a) Occupant Safety.--
            (1) In general.--Chapter 301 of title 49, United States 
        Code, is amended by inserting after section 30128 the 
        following:
``Sec. 30129. Occupant safety
    ``(a) Definitions.--In this section:
            ``(1) Passenger motor vehicle.--The term `passenger motor 
        vehicle' has the meaning given that term in section 32101.
            ``(2) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
    ``(b) Rulemaking.--Not later than 2 years after the date of the 
enactment of this section, the Secretary shall issue a final rule 
prescribing a motor vehicle safety standard that requires all new 
passenger motor vehicles with a gross vehicle weight of 10,000 pounds 
or less to be equipped with a system to detect the presence of an 
occupant in the passenger compartment of the vehicle when the vehicle 
engine or motor is deactivated and engage a warning.
    ``(c) Limitation on Capability of Being Disabled.--The motor 
vehicle safety standard prescribed under subsection (b) shall require 
that the system installed in a new passenger motor vehicle cannot be 
disabled, overridden, reset, or recalibrated in such a way that the 
system will no longer detect the presence of an occupant in the 
passenger compartment of the vehicle when the vehicle engine or motor 
is deactivated and engage a warning.
    ``(d) Means.--
            ``(1) In general.--The warning required under the motor 
        vehicle safety standard prescribed under subsection (b)--
                    ``(A) shall include a distinct auditory and visual 
                warning to notify individuals inside and outside of the 
                vehicle of the presence of an occupant, which shall be 
                combined with an interior haptic warning; and
                    ``(B) shall be activated when the vehicle engine or 
                motor is deactivated and the presence of an occupant is 
                detected.
            ``(2) Consideration.--In developing such warning, the 
        Secretary shall also consider including a secondary additional 
        alert to notify operators that are not in close proximity to 
        the vehicle.
    ``(e) Compliance.--The rule issued under subsection (b) shall 
require full compliance with the motor vehicle safety standard 
prescribed in the rule not later than 2 years after the date on which 
the final rule is issued.''.
            (2) Clerical amendment.--The table of sections for chapter 
        301 of title 49, United States Code, is amended by inserting 
        after the item relating to section 30128 the following:

``30129. Occupant safety.''.
    (b) Study.--
            (1) Independent study.--
                    (A) Contract.--Not later than 90 days after issuing 
                the final rule under section 30129(b) of title 49, 
                United States Code, as added by subsection (a)(1), the 
                Secretary shall enter into a contract with an 
                independent third party to perform the services under 
                this subparagraph.
                    (B) Study.--
                            (i) In general.--Under the contract between 
                        the Secretary and an independent third party 
                        under this subparagraph, the independent third 
                        party shall carry out a study on retrofitting 
                        existing passenger motor vehicles with 
                        technology that meets the safety need addressed 
                        by the motor vehicle safety standard prescribed 
                        under such section 30129(b) of title 49, United 
                        States Code, as added by subsection (a)(1).
                            (ii) Elements.--In carrying out the study 
                        required under clause (i), the independent 
                        third party shall--
                                    (I) survey and evaluate a variety 
                                of methods used by current and emerging 
                                technology or products to solve the 
                                problem of occupants being left 
                                unattended in vehicles and occupants 
                                independently accessing unoccupied 
                                vehicles;
                                    (II) make recommendations for 
                                manufacturers of such technology or 
                                products to undergo a functional safety 
                                performance assessment to ensure that 
                                the products perform as designed by the 
                                manufacturer under a variety of real-
                                world conditions; and
                                    (III) provide recommendations for 
                                consumers on how to select such 
                                technology or products in order to 
                                retrofit existing vehicles.
                            (iii) Availability through nhtsa website.--
                        The Secretary shall make the recommendations 
                        provided under clause (ii)(III) available to 
                        the public through the website of the National 
                        Highway Traffic Safety Administration.
            (2) Publication; public comment.--Not later than 2 years 
        after the date on which the Secretary issues the final rule 
        under section 30129(b) of title 49, United States Code, as 
        added by subsection (a)(1), the Secretary shall--
                    (A) publish the study required under paragraph 
                (1)(B) in the Federal Register; and
                    (B) provide a period for public comment of not 
                longer than 90 days after the study is published under 
                subparagraph (A).
            (3) Submission to congress.--Not later than 90 days after 
        the conclusion of the public comment period under paragraph 
        (2)(B), the Secretary shall publish in the Federal Register and 
        submit to the Committee on Commerce, Science, and 
        Transportation of the Senate and the Committee on Energy and 
        Commerce of the House of Representatives the study required by 
        paragraph (1)(B). The submission shall include all public 
        comments in response to the study received by the Secretary 
        upon publication in the Federal Register.
            (4) Definitions.--In this paragraph--
                    (A) the term ``child restraint system'' has the 
                meaning given that term in section 571.213 of title 49, 
                Code of Federal Regulations (or any successor 
                regulation);
                    (B) the term ``independent third party'' means a 
                person who does not have any financial or contractual 
                ties with any person producing or supplying equipment 
                for occupant detection or reminder warning systems, 
                child restraint systems, or passenger motor vehicles;
                    (C) the term ``passenger motor vehicle'' has the 
                meaning given that term in section 32101 of title 49, 
                United States Code; and
                    (D) the term ``Secretary'' means the Secretary of 
                Transportation.

SEC. 32002. PROTECTING AMERICANS FROM THE RISKS OF KEYLESS IGNITION 
              TECHNOLOGY.

    (a) Definitions.--In this section--
            (1) the term ``electric vehicle''--
                    (A) means a vehicle that does not include an engine 
                and is powered solely by an external source of 
                electricity, solar power, or both; and
                    (B) does not include an electric hybrid vehicle 
                that uses a chemical fuel such as gasoline or diesel 
                fuel;
            (2) the term ``key'' has the meaning given the term in 
        section 571.114 of title 49, Code of Federal Regulations (or 
        successor regulations);
            (3) the term ``manufacturer'' has the meaning given the 
        term in section 30102(a) of title 49, United States Code;
            (4) The term ``motor vehicle''
                    (A) has the meaning given the term in section 
                30102(a) of title 49, United States Code; and
                    (B) does not include--
                            (i) a motorcycle or trailer (as those terms 
                        are defined in section 571.3 of title 49, Code 
                        of Federal Regulations) (or successor 
                        regulations);
                            (ii) any motor vehicle that is rated at 
                        more than 10,000 pounds gross vehicular weight; 
                        or
                            (iii) an electric vehicle.
            (5) The term ``Secretary'' means the Secretary of 
        Transportation.
    (b) Automatic Shutoff Systems for Motor Vehicles.--
            (1) Final rule.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this section, the Secretary shall 
                issue a final rule amending section 571.114 of title 
                49, Code of Federal Regulations (relating to Federal 
                Motor Vehicle Safety Standard Number 114), to require 
                manufacturers to install technology in each motor 
                vehicle equipped with a keyless ignition device and an 
                internal combustion engine to automatically shut off 
                the motor vehicle after the motor vehicle has idled for 
                the period designated under subparagraph (B).
                    (B) Period described.--
                            (i) In general.--The period referred to in 
                        subparagraph (A) is the period designated by 
                        the Administrator of the National Highway 
                        Traffic Safety Administration as necessary to 
                        prevent carbon monoxide poisoning.
                            (ii) Different periods.--The Administrator 
                        of the National Highway Traffic Safety 
                        Administration may designate different periods 
                        under clause (i) for different types of motor 
                        vehicles, depending on the rate at which the 
                        motor vehicle emits carbon monoxide, if--
                                    (I) the Administrator determines a 
                                different period is necessary for a 
                                type of motor vehicle for purposes of 
                                section 30111 of title 49, United 
                                States Code; and
                                    (II) requiring a different period 
                                for a type of motor vehicle is 
                                consistent with the prevention of 
                                carbon monoxide poisoning.
            (2) Deadline.--The rule under paragraph (1) shall become 
        effective not later than 2 years after the date on which the 
        Secretary issues the rule.
    (c) Preventing Motor Vehicles From Rolling Away.--
            (1) Requirement.--Not later than 2 years after the date of 
        enactment of this section, the Secretary shall issue a final 
        rule amending part 571 of title 49, Code of Federal 
        Regulations, requiring manufacturers to install technology in 
        motor vehicles equipped with keyless ignition devices and 
        automatic transmissions to prevent movement of the motor 
        vehicle if--
                    (A) the transmission of the motor vehicle is not in 
                the park setting;
                    (B) the motor vehicle does not exceed the speed 
                determined by the Secretary under paragraph (2);
                    (C) the door for the operator of the motor vehicle 
                is open;
                    (D) the seat belt of the operator of the motor 
                vehicle is unbuckled; and
                    (E) the service brake of the motor vehicle is not 
                engaged.
            (2) Determination.--The Secretary shall determine the 
        maximum speed at which a motor vehicle may be safely locked in 
        place under the conditions described in subparagraphs (A), (C), 
        (D), and (E) of paragraph (1) to prevent vehicle rollaways.
            (3) Deadline.--The rule under paragraph (1) shall become 
        effective not later than 2 years after the date on which the 
        Secretary issues such rule.

SEC. 32003. 21ST CENTURY SMART CARS.

    (a) Crash Avoidance Rulemaking.--
            (1) In general.--Subchapter II of chapter 301 of title 49, 
        United States Code, is amended by adding at the end the 
        following:
``Sec. 30130. Crash avoidance rulemaking
    ``(a) In General.--Not later than 2 years after the date of 
enactment of this section, the Secretary shall issue final rules 
prescribing Federal motor vehicle safety standards that--
            ``(1) establish minimum performance requirements for the 
        crash avoidance technologies described in subsection (b); and
            ``(2) require all new passenger motor vehicles manufactured 
        for sale in the United States, introduced or delivered for 
        introduction in interstate commerce, or imported into the 
        United States to be equipped with the crash avoidance 
        technologies described in subsection (b).
    ``(b) Crash Avoidance Technologies.--The Secretary shall issue 
Federal motor vehicle safety standards for each of the following crash 
avoidance technologies--
            ``(1) forward collision warning and automatic emergency 
        braking, including crash imminent braking and dynamic brake 
        support, that detects potential collisions with a vehicle, 
        object, pedestrian, bicyclist, and other vulnerable road user 
        while the vehicle is traveling forward, provides a warning to 
        the driver, and automatically applies the brakes to avoid or 
        mitigate the severity of an impact;
            ``(2) rear automatic emergency braking that detects a 
        potential collision with a vehicle, object, pedestrian, 
        bicyclist, and other vulnerable road user while a vehicle is 
        moving in reverse and automatically applies the brakes to avoid 
        or mitigate the severity of an impact;
            ``(3) rear cross traffic warning that detects vehicles, 
        objects, pedestrians, bicyclists, and other vulnerable road 
        users approaching from the side and rear of a vehicle as it 
        moves in reverse and alerts the driver;
            ``(4) lane departure warning that monitors a vehicle's 
        position in its lane and alerts the driver as the vehicle 
        approaches or crosses lane markers; and
            ``(5) blind spot warning that detects a vehicle, object, 
        pedestrian, bicyclist, and other vulnerable road user to the 
        side or rear of a vehicle and alerts the driver to their 
        presence, including when a driver attempts to change the course 
        of travel toward another vehicle or road user in the blind zone 
        of the vehicle.
    ``(c) Considerations.--In prescribing the Federal motor vehicle 
safety standards required in subsection (a), the Secretary shall ensure 
that the crash avoidance technologies perform effectively at speeds for 
which a passenger motor vehicle is reasonably expected to operate, 
including on city streets and highways.
    ``(d) Compliance Date.--The compliance date of the standards 
prescribed under subsection (a) shall not exceed more than 2 model 
years from the date final rules are issued.
    ``(e) Headlamps.--
            ``(1) Not later than 2 years after the date of enactment of 
        this section, the Secretary shall issue a final rule that 
        revises Federal motor vehicle safety standard 108 to--
                    ``(A) improve illumination of the roadway;
                    ``(B) prevent glare;
                    ``(C) establish minimum performance standards for--
                            ``(i) semi-automatic headlamp beam 
                        switching; and
                            ``(ii) curve adaptive headlamps.
            ``(2) The compliance date of the revised standard 
        prescribed under paragraph (1) shall not exceed more than 2 
        model years from the effective date.
            ``(3) Not later than 1 year after the date of enactment of 
        this section, the Secretary shall finalize the Rulemaking (83 
        Fed. Reg. 51766) to permit the certification of adaptive 
        driving beam headlighting systems.
    ``(f) Definitions.--In this section:
            ``(1) Crash avoidance.--The term `crash avoidance' has the 
        meaning given that term in section 32301.
            ``(2) Passenger motor vehicle.--The term `passenger motor 
        vehicle' has the meaning given to that term in section 
        32101.''.
            (2) Conforming amendment.--The table of sections for 
        subchapter II of chapter 301 of title 49, United States Code, 
        is further amended by adding after the item relating to section 
        30129 (as added by section 32002(a)(2)) the following:

``30130. Crash avoidance rulemaking.''.
    (b) Research of Advanced Crash Systems.--
            (1) In general.--Subchapter II of chapter 301 of title 49, 
        United States Code, as amended by section(a)(1), is further 
        amended by adding at the end the following:
``Sec. 30131. Advanced crash systems research and consumer education
    ``(a) Advanced Crash Systems Research.--
            ``(1) Not later than 2 years after the date of enactment of 
        this section, the Secretary shall complete research into the 
        following:
                    ``(A) Driver monitoring systems that will minimize 
                driver disengagement, prevent automation complacency, 
                and account for foreseeable misuse of the automation.
                    ``(B) Lane keeping assistance that assists with 
                steering to keep a vehicle within its driving lane.
                    ``(C) Automatic crash data notification systems 
                that--
                            ``(i) notify emergency responders that a 
                        crash has occurred and provide the geographical 
                        location of the vehicle and crash data in a 
                        manner that allows for assessment of potential 
                        injuries and emergency response; and
                            ``(ii) transfer to the Secretary anonymized 
                        automatic crash data for the purposes of safety 
                        research and statistical analysis.
            ``(2) Requirements.--In conducting the research required 
        under subsection (a), the Secretary shall--
                    ``(A) develop one or more tests to evaluate the 
                performance of the system;
                    ``(B) determine metrics that would be most 
                effective at evaluating the performance of the system; 
                and
                    ``(C) determine fail, pass, or advanced pass 
                criteria to assure the systems are performing their 
                intended function.
            ``(3) Report.--The Secretary shall submit a report 
        detailing findings from the research required under subsection 
        (a) to the House Energy and Commerce Committee and the Senate 
        Commerce, Science, and Transportation Committee not later than 
        3 years after the date of enactment of this Act.
            ``(4) Rulemaking.--Not later than 4 years after the date of 
        enactment of this section, the Secretary shall issue final 
        rules to establish Federal motor vehicle safety standards for 
        the advanced crash systems described in this subsection and to 
        require all new passenger motor vehicles manufactured for sale 
        in the United States produced after the effective date of such 
        standards to be equipped with advanced crash systems described 
        in this subsection.
    ``(b) Rulemaking on Point of Sale Information.--Not later than 18 
months after the date of enactment of this section, the Secretary shall 
issue a final rule to require clear and concise information about the 
capabilities and limitations of an advanced driver assistance system to 
be provided to a consumer at the point of sale and in the vehicle 
owner's manual, including a publicly accessible electronic owner's 
manual.''.
            (2) Conforming amendment.--The table of section for 
        subchapter II of chapter 301 of title 49, United States Code, 
        is further amended by adding after the item relating to section 
        30129, as added by section 2(b), the following:

``30131. Advanced crash systems research and consumer education.''.

SEC. 32004. UPDATING THE 5-STAR SAFETY RATING SYSTEM.

    (a) Amendment.--Section 32302 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(e) Roadmap.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this subsection and every 2 years thereafter, the 
        Secretary shall publish a clear and concise report on a 
        publicly accessible website detailing efforts over the next 
        five-year period to improve the passenger motor vehicle 
        information developed under subsection (a).
            ``(2) Elements.--The report required under paragraph (1) 
        shall include--
                    ``(A) descriptions of actions that will be taken to 
                update the passenger motor vehicle information 
                developed under subsection (a), including the 
                development of test procedures, test devices, test 
                fixtures, and safety performance metrics;
                    ``(B) key milestones, including the anticipated 
                start of an action, completion of an action, and 
                effective date of an update; and
                    ``(C) descriptions of how an update will improve 
                the passenger motor vehicle information developed under 
                subsection (a).
            ``(3) Requirements.--In developing, implementing, and 
        updating the report required under paragraph (1), the Secretary 
        shall--
                    ``(A) identify and prioritize features and systems 
                that meet a known safety need and for which objective 
                rating tests and evaluation criteria exists;
                    ``(B) when reasonable and in the interest of 
                improving the safety of passenger motor vehicles, 
                harmonize the passenger motor vehicle information 
                developed under subsection (a) with other safety 
                information programs, including those administered 
                internationally or by private organizations, that 
                provide comparisons of safety characteristics of 
                passenger motor vehicles;
                    ``(C) establish objective criteria, including 
                effectiveness in reducing traffic accidents and deaths 
                and injuries resulting from traffic accidents, for the 
                selection of safety technologies to be rated;
                    ``(D) conduct a review not less frequently than 
                once every 2 years to evaluate effectiveness of the 
                passenger motor vehicle information produced under 
                subsection (a) at improving the safety of passenger 
                motor vehicles; and
                    ``(E) adhere to all deadlines established under 
                subsection (f).
            ``(4) Public comment.--The Secretary shall provide for a 
        period of public comment and review in developing the plan 
        required under paragraph (1).
    ``(f) Immediate Updates to the 5-Star Safety Rating System.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this section, the Secretary shall finalize the 
        proceeding entitled New Car Assessment Program (80 Fed. Reg. 
        78521) to update the passenger motor vehicle information 
        required under subsection (a).
            ``(2) Crashworthiness.--In carrying out paragraph (1), the 
        Secretary shall--
                    ``(A) update the test procedures and devices, 
                including anthropomorphic test devices, used in 
                crashworthiness tests;
                    ``(B) establish new or refine injury criteria, 
                including head, neck, chest, abdomen, pelvis, upper leg 
                and lower leg injury criteria, based on real-world 
                injuries and the greatest potential to increase safety;
                    ``(C) establish rear seat crashworthiness tests for 
                adult (men and women) occupants in all designated 
                seating positions;
                    ``(D) establish crashworthiness tests for elderly 
                occupants in all designated seating positions;
                    ``(E) establish crashworthiness tests for children 
                in all rear designated seating positions and ratings;
                    ``(F) establish crashworthiness tests for seating 
                system performance for occupants in all designated 
                seating positions; and
                    ``(G) ensure that crashworthiness tests account for 
                occupancy of all designated seating positions, as 
                applicable.
            ``(3) Crash avoidance.--In carrying out paragraph (1), the 
        Secretary shall update and create, as applicable, crash 
        avoidance tests, which shall include forward automatic 
        emergency braking, lane departure warning, blind spot warning, 
        rear cross traffic warning, and rear automatic emergency 
        braking.
            ``(4) Vulnerable road user safety.--In carrying out 
        paragraph (1), the Secretary shall--
                    ``(A) establish crash avoidance tests to evaluate 
                crash avoidance systems, including automatic emergency 
                braking and rear automatic emergency braking, for 
                crashes between a passenger motor vehicle and a 
                pedestrian, bicyclist, or other vulnerable road user; 
                and
                    ``(B) establish crashworthiness tests to prevent 
                and mitigate injury and death caused by a collision 
                between a passenger motor vehicle and a pedestrian, 
                bicyclist, or other vulnerable road user, including the 
                potential risks of injuries to the head, pelvis, upper, 
                and lower leg.
            ``(5) Enhancing motor vehicle information.--
                    ``(A) In carrying out paragraph (1), the Secretary 
                shall--
                            ``(i) create a combined overall five-star 
                        vehicle rating; and
                            ``(ii) create separate five-star ratings 
                        for--
                                    ``(I) crashworthiness for adults 
                                (women and men);
                                    ``(II) crashworthiness for elderly 
                                occupants;
                                    ``(III) crashworthiness for 
                                children;
                                    ``(IV) crash avoidance; and
                                    ``(V) pedestrian and bicyclist 
                                crashworthiness and crash avoidance.
                    ``(B) In developing the ratings under subparagraph 
                (A), the Secretary shall require that a vehicle can 
                only achieve the highest rating if the systems are 
                standard for the model.
                    ``(C) The Secretary shall--
                            ``(i) require manufacturers to prominently 
                        display the five-star ratings described in 
                        subparagraph (A) on Monroney labels (as 
                        required by section 3 of the Automobile 
                        Information Disclosure Act (15 U.S.C. 1232)); 
                        and
                            ``(ii) publish the five-star safety ratings 
                        for a passenger motor vehicle on a publicly 
                        available and easily accessible (including on 
                        mobile devices) website not later than 30 days 
                        after the Secretary has provided a safety 
                        rating for a passenger motor vehicle to the 
                        manufacturer.
                    ``(D) The ratings created under this subsection 
                shall--
                            ``(i) provide consumers with easy-to-
                        understand information about vehicle safety;
                            ``(ii) provide meaningful comparative 
                        information about the safety of vehicles; and
                            ``(iii) provide incentives for the design 
                        of safer vehicles.
            ``(6) Post-crash safety.--
                    ``(A) Not later than 2 years after the date of 
                enactment of this section, the Secretary shall complete 
                research into the development of tests for the 
                following systems--
                            ``(i) automatic collision notification; and
                            ``(ii) advanced automatic collision 
                        notification.
                    ``(B) After completion of the research required 
                under subparagraph (A), the Secretary shall include 
                each of the systems in the passenger motor vehicle 
                information developed under subsection (a) not later 
                than 3 years after the date of enactment of this 
                section unless the Secretary determines that doing so 
                will not improve such information.
                    ``(C) If the Secretary determines that including 
                one or more of the systems in subparagraph (A) will not 
                improve the passenger motor vehicle safety information 
                developed under subsection (a), the Secretary shall 
                submit a report describing the reasons for not 
                including any such system or systems to the Committee 
                on Energy and Commerce of the House of Representatives 
                and the Committee on Commerce, Science, and 
                Transportation of the Senate not later than 3 years 
                after the date of enactment of this section. If one or 
                more of the systems is included in another safety 
                information program, including those administered by 
                international or private organizations, the Secretary 
                shall detail why the tests, or substantively similar 
                tests, from such other safety information program were 
                not adopted.
            ``(7) Advanced crash avoidance systems.--
                    ``(A) Not later than 2 years after the date of 
                enactment of this section, the Secretary shall complete 
                research into the development of tests for the 
                following systems--
                            ``(i) lane keeping assistance;
                            ``(ii) traffic jam assistance;
                            ``(iii) driver distraction prevention, 
                        including systems to maintain driver engagement 
                        and methods for mitigating distraction from in-
                        vehicle electronic devices;
                            ``(iv) driver monitoring; and
                            ``(v) intelligent speed assistance.
                    ``(B) After completion of the research required 
                under subparagraph (A), the Secretary shall include 
                each of the safety systems in the crash avoidance 
                rating not later than 3 years after the date of 
                enactment of this section unless the Secretary 
                determines that doing so will not improve the passenger 
                motor vehicle safety information developed under 
                subsection (a).
                    ``(C) If the Secretary determines that including 
                one or more of the safety systems in the crash 
                avoidance rating required will not improve the 
                passenger motor vehicle safety information developed 
                under subsection (a), the Secretary shall, not later 
                than 3 years after the date of enactment of this 
                section, submit a report to the Committee on Energy and 
                Commerce of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate, describing the reasons for not including 
                each of the safety systems in the crash avoidance 
                rating. If one or more of the safety systems is 
                included in another safety information program, 
                including those administered by international or 
                private organizations, the Secretary shall detail why 
                the tests, or substantively similar tests, from such 
                other safety information program were not adopted.
            ``(8) Advanced drunk driving prevention technology.--
                    ``(A) Not later than 3 years after the date of 
                enactment of this section, the Secretary shall complete 
                research into the development of tests for advanced 
                drunk driving prevention technology.
                    ``(B) After completion of the research required 
                under subparagraph (A), the Secretary shall include 
                advanced drunk driving prevention technology in the 
                crash avoidance rating not later than 5 years after the 
                date of enactment of this section unless the Secretary 
                determines that doing so will not improve the passenger 
                motor vehicle safety information developed under 
                subsection (a).
                    ``(C) If the Secretary determines that including 
                advanced drunk driving prevention technology in the 
                crash avoidance rating will not improve the passenger 
                motor vehicle safety information developed under 
                subsection (a), the Secretary shall, not later than 4 
                years after the date of enactment of this section 
                submit a report to the Committee on Energy and Commerce 
                of the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate 
                describing the reasons for not including such 
                technology in the crash avoidance rating. If advanced 
                drunk driving prevention technology is included in 
                another safety information program, including those 
                administered by international or private organizations, 
                the Secretary shall detail why the tests, or 
                substantively similar tests, from such other safety 
                information program were not adopted.
            ``(9) Continuous updates.--
                    ``(A) Not later than 2 years after completing the 
                updates required under this subsection and every 2 
                years thereafter, the Secretary shall--
                            ``(i) update the passenger motor vehicle 
                        information program developed under subsection 
                        (a) to expand consumer access to vehicles with 
                        improved safety in accordance with the roadmap 
                        required under subsection (e); and
                            ``(ii) update a test or rating established 
                        pursuant to this section unless the Secretary 
                        makes a determination that updating the test or 
                        rating will not improve the safety of passenger 
                        motor vehicles.
                    ``(B) If the Secretary makes a determination that a 
                test or rating established pursuant to this section no 
                longer improves the safety of passenger motor vehicles, 
                the Secretary shall replace or eliminate that test or 
                rating, only if the Secretary determines that a 
                replacement test will not improve the safety of 
                passenger motor vehicles. Should the Secretary make 
                such a determination, the Secretary shall, within 30 
                days of making such a determination, complete and 
                submit a report to the Committee on Energy and Commerce 
                of the House of Representatives and the Committee on 
                Commerce, Science, and Transportation of the Senate, 
                providing an explanation for such a determination.
            ``(10) Reporting requirement.--Should the Secretary fail to 
        meet a deadline set forth in this subsection, the Secretary 
        shall complete and submit a report to the Committee on Energy 
        and Commerce of the House of Representatives and the Committee 
        on Commerce, Science, and Transportation of the Senate within 
        30 days of such deadline, providing an explanation for why the 
        deadline was not met and a detailed plan and projected timeline 
        for completing the requirement.''.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Transportation $75,000,000 for each of 
fiscal years 2021 through 2026 to carry out this section and the 
amendments made by this section.

SEC. 32005. ADVANCED DRUNK DRIVING PREVENTION TECHNOLOGY.

    (a) Requirements.--
            (1) Motor vehicle safety standard.--Not later than 18 
        months after the date of enactment of this section, the 
        Secretary of Transportation shall issue an advanced notice of 
        proposed rulemaking to initiate a rulemaking to prescribe a 
        motor vehicle safety standard under section 30111 of title 49, 
        United States Code, that requires passenger motor vehicles 
        manufactured after the effective date of such standard to be 
        equipped with advanced drunk driving prevention technology.
            (2) Notice and comment.--Not later than 3 years after the 
        date of enactment of this section, the Secretary of 
        Transportation shall issue a notice of proposed rulemaking in 
        order to continue the rulemaking proceeding required by 
        paragraph (1).
            (3) Final rule.--
                    (A) Not later than 5 years after the date of 
                enactment of this section, the Secretary shall 
                prescribe a final rule containing the motor vehicle 
                safety standard required under this subsection. The 
                final rule shall specify an effective date that 
                provides at least 2 years, and no more than 3 year, to 
                allow for manufacturing compliance.
                    (B) If the Secretary determines that a new motor 
                vehicle safety standard required under this subsection 
                cannot meet the requirements and considerations set 
                forth in subsections (a) and (b) of section 30111 of 
                title 49, United States Code, the Secretary shall 
                submit a report to the Committee on Energy and Commerce 
                of the House of Representatives and the Committee on 
                Commerce, Science and Transportation of the Senate 
                describing the reasons for not prescribing such a 
                standard.
    (b) Development.--The Secretary shall work directly with 
manufacturers of passenger motor vehicles, suppliers, safety advocates, 
and other interested parties, including universities with expertise in 
automotive engineering, to--
            (1) accelerate the development of the advanced drunk 
        driving prevention technology required to prescribe a motor 
        vehicle safety standard described in subsection (a); and
            (2) ensure the integration of such technology into 
        passenger motor vehicles available for sale at the earliest 
        practicable date.
    (c) Definitions.--In this section--
            (1) the term ``advanced drunk driving prevention 
        technology'' means a passive system which--
                    (A) monitors a driver's performance to identify 
                impairment of a driver;
                    (B) a system which passively detects a blood 
                alcohol level equal to and exceeding .08 blood alcohol 
                content; or
                    (C) a similar system which detects impairment and 
                prevents or limits vehicle operation;
            (2) the term ``motor vehicle safety standard'' has the 
        meaning given such term in section 30102 of title 49, United 
        States Code; and
            (3) the term ``passenger motor vehicle'' has the meaning 
        given such term in section 32101 of title 49, United States 
        Code.

SEC. 32006. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STANDARDS.

    (a) Limousine Standards.--
            (1) Safety belt and seating system standards for 
        limousines.--Not later than 2 years after the date of enactment 
        of this section, the Secretary shall prescribe a final rule--
                    (A) that amends Federal Motor Vehicle Safety 
                Standard Numbers 208, 209, and 210 to require to be 
                installed in limousines at each designated seating 
                position, including on side-facing seats--
                            (i) an occupant restraint system consisting 
                        of integrated lap shoulder belts; or
                            (ii) an occupant restraint system 
                        consisting of a lap belt if the occupant 
                        protection system described in clause (i) does 
                        not meet the need for motor vehicle safety; and
                    (B) that amends Federal Motor Vehicle Safety 
                Standard Number 207 to require limousines to meet 
                standards for seats (including side-facing seats), 
                attachment assemblies, and installation to minimize the 
                possibility of their failure by forces acting on them 
                as a result of vehicle impact.
            (2) Report on retrofit assessment for limousines.--Not 
        later than 2 years after the date of enactment of this section, 
        the Secretary shall submit to the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Commerce, Science, and Transportation of the Senate a report 
        that assesses the feasibility, benefits, and costs with respect 
        to the application of any requirement established under 
        paragraph (1) to a limousine introduced into interstate 
        commerce before the date on which the requirement applies to a 
        limousine.
    (b) Safety Regulations of Limousines.--Section 30102(a)(6) of title 
49, United States Code, is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period and 
        inserting ``; or''; and
            (3) by inserting at the end the following new subparagraph:
                    ``(C) modifying a passenger motor vehicle that has 
                already been purchased by the first purchaser (as such 
                term is defined in subsection (b)) by increasing the 
                wheelbase of the vehicle so that the vehicle has 
                increased seating capacity.''.
    (c) Definitions.--In this section the following definitions apply:
            (1) Certified passenger motor vehicle.--The term 
        ``certified passenger motor vehicle'' means a passenger motor 
        vehicle that has been certified in accordance with section 
        30115 of title 49, United States Code, to meet all applicable 
        Federal Motor Vehicle Safety Standards.
            (2) Limousine.--The term ``limousine'' means a motor 
        vehicle--
                    (A) that has a seating capacity of nine or more 
                persons (including the driver);
                    (B) with a gross vehicle weight greater than 10,000 
                pounds but not greater than 26,000 pounds; and
                    (C) that the Secretary has decided by regulation 
                has physical characteristics resembling a passenger car 
                or multipurpose passenger vehicle.
            (3) Limousine operator.--The term ``limousine operator'' 
        means a person who owns or leases, and uses, the limousine to 
        transport passengers for compensation.
            (4) Limousine remodeler.--The term ``limousine remodeler'' 
        means a person who alters or modifies by addition, 
        substitution, or removal of components (other than readily 
        attachable components) an incomplete vehicle, a vehicle 
        manufactured in two or more stages, or a certified motor 
        vehicle before or after the first purchase of the vehicle to 
        manufacture a limousine.
            (5) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning given that term in section 30102(a) of title 49, United 
        States Code.
            (6) Passenger motor vehicle.--The term ``passenger motor 
        vehicle'' has the meaning given that term in section 32101 of 
        title 49, United States Code.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (d) Limousine Compliance With Federal Safety Standards.--
            (1) In general.--Chapter 301 of subtitle VI of title 49, 
        United States Code, is amended by section 32003, is further 
        amended by inserting after section 30131 the following new 
        section:
``Sec. 30132. Limousine compliance with Federal Safety Standards
    ``(a) Requirement.--Not later than 1 year after the date of 
enactment of this section, a limousine remodeler may not offer for 
sale, lease, or rent, introduce or deliver for introduction into 
interstate commerce, or import into the United States a new limousine 
unless the limousine remodeler has provided a vehicle remodeler plan, 
in accordance with this section, to the Secretary that describes how 
the remodeler is addressing the safety of the limousine. A vehicle 
remodeler plan shall include the following:
            ``(1) Verification and validation of compliance with 
        applicable Federal Motor Vehicle Safety Standards.
            ``(2) Design, quality control, manufacturing, and training 
        practices adopted by a manufacturer, limousine remodeler, 
        incomplete vehicle manufacturer, intermediate manufacturer, or 
        final-stage manufacturer.
            ``(3) Customer support guidelines, including instructions 
        for limousine occupants to wear seatbelts and limousine 
        operators to notify occupants of the date and results of the 
        most recent inspection of the limousine.
    ``(b) Updates.--Each manufacturer, limousine remodeler, incomplete 
vehicle manufacturer, intermediate manufacturer, or final-stage 
manufacturer shall submit an updated vehicle remodeler plan to the 
Secretary each year.
    ``(c) Publicly Available.--The Secretary shall make any vehicle 
remodeler plan submitted pursuant to subsection (a) or (b) publicly 
available not later than 60 days after the date on which the plan is 
received, except the Secretary may not make publicly available any 
information relating to a trade secret or other confidential business 
information as defined in part 512 of title 49, Code of Federal 
Regulations.
    ``(d) Review.--The Secretary may inspect any vehicle remodeler plan 
developed by a manufacturer, limousine remodeler, incomplete vehicle 
manufacturer, intermediate manufacturer, or final-stage manufacturer 
under this section to enable the Secretary to decide whether the 
manufacturer, limousine remodeler, incomplete vehicle manufacturer, 
intermediate manufacturer, or final-stage manufacturer has complied, or 
is complying, with this chapter or a regulation prescribed or order 
issued pursuant to this chapter.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to affect discovery, subpoena, other court order, or any 
other judicial process otherwise allowed under applicable Federal or 
State law.
    ``(f) Definitions.--In this section the following definitions 
apply:
            ``(1) Limousine.--The term `limousine' means a motor 
        vehicle--
                    ``(A) that has a seating capacity of 9 or more 
                persons (including the driver);
                    ``(B) with a gross vehicle weight greater than 
                10,000 pounds but not greater than 26,000 pounds; and
                    ``(C) that the Secretary has decided by regulation 
                has physical characteristics resembling a passenger car 
                or multipurpose passenger vehicle.
            ``(2) Limousine remodeler.--The term `limousine remodeler' 
        means a person who alters or modifies by addition, 
        substitution, or removal of components (other than readily 
        attachable components) an incomplete vehicle, a vehicle 
        manufactured in two or more stages, or a certified motor 
        vehicle before or after the first purchase of the vehicle to 
        manufacture a limousine.
            ``(3) Motor vehicle.--The term `motor vehicle' has the 
        meaning given that term in section 32101.''.
            (2) Enforcement.--Section 30165(a)(1) of title 49, United 
        States Code, is amended by inserting ``30132,'' after 
        ``30127,''.
            (3) Conforming amendment.--The table of section for 
        subchapter II of chapter 301 of title 49, United States Code, 
        is further amended by adding after the item relating to section 
        30131, as added by section 2(b), the following:

``30132. Limousine compliance with federal safety standards.''.
    (e) Limousine Crashworthiness.--
            (1) Research.--Not later than 4 years after the date of 
        enactment of this section, the Secretary shall complete 
        research into the development of Federal Motor Vehicle Safety 
        Standards for side impact protection, roof crush resistance, 
        and air bag systems for the protection of occupants for 
        limousines with perimeter seating positions, including 
        perimeter seating arrangements.
            (2) Rulemaking or report.--
                    (A) Crashworthiness standards.--Not later than 2 
                years after the completion of the research required 
                pursuant to paragraph (1), the Secretary shall 
                prescribe final Federal Motor Vehicle Safety Standards 
                for side impact protection, roof crush resistance, and 
                air bag systems for the protection of occupants for 
                limousines with alternative seating positions if the 
                Secretary determines that such a standard or standards 
                meet the requirements and considerations set forth in 
                subsections (a) and (b) of section 30111 of title 49, 
                United States Code.
                    (B) Report.--If the Secretary determines that a 
                standard or standards described in subparagraph (A) 
                does not meet the requirements and considerations set 
                forth in subsections (a) and (b) of section 30111 of 
                title 49, United States Code, the Secretary shall 
                submit to the Committee on Energy and Commerce of the 
                House of Representatives and the Committee on Commerce, 
                Science, and Transportation of the Senate a report 
                describing the reasons for not prescribing the standard 
                or standards and publish the report in the Federal 
                Register.
    (f) Limousine Evacuation.--
            (1) Research.--Not later than 2 years after the date of 
        enactment of this section, the Secretary shall complete 
        research into safety features and standards that aid evacuation 
        in the event that one exit in the passenger compartment of a 
        limousine is blocked.
            (2) Standards.--Not later than 3 years after the date of 
        enactment of this section, the Secretary shall issue Federal 
        Motor Vehicle Safety Standards based on the results of the 
        research under paragraph (1).
    (g) Limousine Inspection Disclosure.--
            (1) Limousine inspection disclosure.--A limousine operator 
        may not introduce a limousine into interstate commerce unless 
        the limousine operator has prominently disclosed in a clear and 
        conspicuous notice, including on the website of the operator if 
        the operator has a website, that includes--
                    (A) the date of the most recent inspection of the 
                limousine required under State or Federal law;
                    (B) the results of the inspection; and
                    (C) any corrective action taken by the limousine 
                operator to ensure the limousine passed inspection.
            (2) Federal trade commission enforcement.--The Commission 
        shall enforce this subsection in the same manner, by the same 
        means, and with the same jurisdiction, powers, and duties as 
        though all applicable terms and provisions of the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
        and made a part of this section. Any person who violates this 
        subsection shall be subject to the penalties and entitled to 
        the privileges and immunities provided in the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.).
            (3) Savings provision.--Nothing in this subsection shall be 
        construed to limit the authority of the Federal Trade 
        Commission under any other provision of law.
            (4) Effective date.--This subsection shall take effect 180 
        days after the date of enactment of this section.
    (h) Event Data Recorders for Limousines.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this section, the Secretary, acting through the 
        Administrator of the National Highway Traffic Safety 
        Administration, shall issue a final rule requiring the use of 
        event data recorders for limousines.
            (2) Privacy protections.--Any standard promulgated under 
        paragraph (1) pertaining to event data recorder information 
        shall comply with the collection and sharing requirements under 
        the FAST Act (Public Law 114-94) and any other applicable law.

SEC. 32007. CHILD RESTRAINT SYSTEMS.

    (a) Labeling Requirement.--Not later than 180 days after the date 
of enactment of this section, the Administrator of the National Highway 
Traffic Safety Administration shall revise Federal motor vehicle safety 
standard 213 prescribed under section 30111 of title 49, United States 
Code, to require that booster seat child restraint systems (those used 
in motor vehicles, as defined under such standard) contain a clear and 
conspicuous label, on both the packaging of such system and attached to 
such system the following labels:
            (1) A label stating the following: ``For use of children 
        who are over 40 lbs and four years old or older''.
            (2) A label stating the following: ``Strongly recommended 
        children use this seat only when they reach either the height 
        or weight limit for a child harness car seat as indicated by 
        the manufacturer''.
            (3) On the harness package, a label stating the following: 
        ``To prevent possible child injury or death it is important to 
        delay the transition from a 5-point harness seat to a booster 
        seat as long as possible, until the child reaches the harness' 
        weight or height limits as set by the manufacturer''.
    (b) Semi-Annual Reporting Requirement on Side Impact Crashes.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and every 180 days thereafter until 
        the promulgation of the final rule relating to the protection 
        of children seated in child restraint systems during side 
        impact crashes required under section 31501(a) of the Moving 
        Ahead for Progress in the 21st Century Act (49 U.S.C. 30127 
        note), the Administrator of the National Highway Traffic Safety 
        Administration shall submit to Congress and make publicly 
        available on the website of the Administration a report 
        regarding the current status of such rule.
            (2) Matters to be included.--Each report required by 
        paragraph (1) shall include, at a minimum, the following:
                    (A) The current expected timeline for the 
                promulgation of such rule.
                    (B) Any technical or administrative challenges 
                delaying the promulgation of such rule.
                    (C) Any new financial resources or legislative 
                authorities necessary to promulgate such rule.
                    (D) The number of children injured or killed in 
                side impact crashes while restrained in a 5-point 
                harness or booster seat between the date of the 
                enactment of the Moving Ahead for Progress in the 21st 
                Century Act (Public Law 112-141) and the date of the 
                report.

SEC. 32008. MOTOR VEHICLE PEDESTRIAN AND CYCLIST PROTECTION.

    (a) Rulemaking.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary of Transportation, through the 
Administrator of the National Highway Traffic Safety Administration, 
shall issue a final rule that--
            (1) establishes standards for the hood and bumper areas of 
        motor vehicles, including passenger cars, multipurpose 
        passenger vehicles, trucks, and buses with a gross vehicle 
        weight rating of 4,536 kilograms (10,000 pounds) or less, in 
        order to reduce the number of injuries and fatalities suffered 
        by vulnerable road users, including pedestrians and cyclists, 
        who are struck by such vehicles; and
            (2) considers the protection of vulnerable pedestrian and 
        cycling populations, including children and older adults, and 
        people with disabilities.
    (b) Compliance.--The rule issued under subsection (a) shall require 
full compliance with minimum performance standards established by the 
Secretary not later than 2 years after the date on which the final rule 
is issued.

            TITLE III--ENERGY AND ENVIRONMENT INFRASTRUCTURE

                       Subtitle A--Infrastructure

                       CHAPTER 1--DRINKING WATER

            Subchapter A--PFAS Infrastructure Grant Program

SEC. 33101. ESTABLISHMENT OF PFAS INFRASTRUCTURE GRANT PROGRAM.

    Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is 
amended by adding at the end the following new section:

``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.

    ``(a) Establishment.--Not later than 180 days after the date of 
enactment of this section, the Administrator shall establish a program 
to award grants to affected community water systems to pay for capital 
costs associated with the implementation of eligible treatment 
technologies.
    ``(b) Applications.--
            ``(1) Guidance.--Not later than 12 months after the date of 
        enactment of this section, the Administrator shall publish 
        guidance describing the form and timing for community water 
        systems to apply for grants under this section.
            ``(2) Required information.--The Administrator shall 
        require a community water system applying for a grant under 
        this section to submit--
                    ``(A) information showing the presence of PFAS in 
                water of the community water system; and
                    ``(B) a certification that the treatment technology 
                in use by the community water system at the time of 
                application is not sufficient to remove all detectable 
                amounts of PFAS.
    ``(c) List of Eligible Treatment Technologies.--Not later than 150 
days after the date of enactment of this section, and every 2 years 
thereafter, the Administrator shall publish a list of treatment 
technologies that the Administrator determines are effective at 
removing all detectable amounts of PFAS from drinking water.
    ``(d) Priority for Funding.--In awarding grants under this section, 
the Administrator shall prioritize affected community water systems 
that--
            ``(1) serve a disadvantaged community;
            ``(2) will provide at least a 10 percent cost share for the 
        cost of implementing an eligible treatment technology; or
            ``(3) demonstrate the capacity to maintain the eligible 
        treatment technology to be implemented using the grant.
    ``(e) No Effect on Cleanup Responsibility.--Receipt by a community 
water system of a grant under this section shall have no effect on any 
responsibility of the Department of Defense relating to the cleanup of 
the applicable PFAS.
    ``(f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section not more than $500,000,000 for 
each of the fiscal years 2021 through 2025.
    ``(g) Definitions.--In this section:
            ``(1) Affected community water system.--The term `affected 
        community water system' means a community water system that is 
        affected by the presence of PFAS in the water in the community 
        water system.
            ``(2) Disadvantaged community.--The term `disadvantaged 
        community' has the meaning given that term in section 1452.
            ``(3) Eligible treatment technology.--The term `eligible 
        treatment technology' means a treatment technology included on 
        the list published under subsection (c).''.

SEC. 33102. DEFINITION.

    Section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is 
amended by adding at the end the following:
            ``(17) PFAS.--The term `PFAS' means a perfluoroalkyl or 
        polyfluoroalkyl substance with at least one fully fluorinated 
        carbon atom.''.

                        Subchapter B--Extensions

SEC. 33103. FUNDING.

    (a) State Revolving Loan Funds.--Section 1452(m)(1) of the Safe 
Drinking Water Act (42 U.S.C. 300j-12(m)(1)) is amended--
            (1) in subparagraph (B), by striking ``and'';
            (2) in subparagraph (C), by striking ``2021.'' and 
        inserting ``2021;''; and
            (3) by adding at the end the following:
                    ``(D) $4,140,000,000 for fiscal year 2022;
                    ``(E) $4,800,000,000 for fiscal year 2023; and
                    ``(F) $5,500,000,000 for each of fiscal years 2024 
                and 2025.''.
    (b) Indian Reservation Drinking Water Program.--Section 2001(d) of 
America's Water Infrastructure Act of 2018 (Public Law 115-270) is 
amended by striking ``2022'' and inserting ``2025''.
    (c) Voluntary School and Child Care Program Lead Testing Grant 
Program.--Section 1464(d)(8) of the Safe Drinking Water Act (42 U.S.C. 
300j-24(d)(8)) is amended by striking ``2021'' and inserting ``2025''.
    (d) Drinking Water Fountain Replacement for Schools.--Section 
1465(d) of the Safe Drinking Water Act (42 U.S.C. 300j-25(d)) is 
amended by striking ``2021'' and inserting ``2025''.
    (e) Technical Assistance and Grants.--Section 1433(g)(6) of the 
Safe Drinking Water Act (42 U.S.C. 300i-2(g)(6)) is amended by striking 
``2021'' and inserting ``2025''.
    (f) Grants for State Programs.--Section 1443(a)(7) of the Safe 
Drinking Water Act (42 U.S.C. 300j-2(a)(7)) is amended by striking 
``2021'' and inserting ``2025''.

SEC. 33104. AMERICAN IRON AND STEEL PRODUCTS.

    Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 
300j-12(a)(4)(A)) is amended by striking ``During fiscal years 2019 
through 2023, funds'' and inserting ``Funds''.

SEC. 33105. COMPREHENSIVE LEAD SERVICE LINE REPLACEMENT.

    Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b) 
is amended--
            (1) in subsection (d)--
                    (A) by striking ``$60,000,000'' and inserting 
                ``$4,500,000,000''; and
                    (B) by striking ``2021'' and inserting ``2025''; 
                and
            (2) by adding at the end the following:
    ``(f) Comprehensive Lead Reduction Projects.--
            ``(1) Grants.--The Administrator shall make grants 
        available to eligible entities for comprehensive lead reduction 
        projects that, notwithstanding any other provision in this 
        section, pay to fully replace all lead service lines served by 
        the eligible entity, irrespective of the ownership of the 
        service line and without requiring a contribution to the cost 
        of replacement of any portion of the service line by any 
        individual homeowner.
            ``(2) Priority.--In making grants under paragraph (1), the 
        Administrator shall give priority to eligible entities serving 
        disadvantaged communities, consistent with subsection (b)(3), 
        and environmental justice communities (with significant 
        representation of communities of color, low-income communities, 
        or Tribal and indigenous communities, that experience, or are 
        at risk of experiencing, higher or more adverse human health or 
        environmental effects).
            ``(3) No cost-sharing.--The Federal share of the cost of a 
        project carried out pursuant to this subsection shall be 100 
        percent.''.

                      Subchapter C--Other Matters

SEC. 33106. DRINKING WATER FOUNTAIN REPLACEMENT IN PUBLIC PLAYGROUNDS 
              AND PARKS.

    (a) In General.--Part F of the Safe Drinking Water Act (42 U.S.C. 
300j-21 et seq.) is amended by adding at the end the following:

``SEC. 1466. DRINKING WATER FOUNTAIN REPLACEMENT IN PUBLIC PLAYGROUNDS 
              AND PARKS.

    ``(a) Establishment.--Not later than 1 year after the date of 
enactment of this section, the Administrator shall establish a grant 
program to provide assistance to States and municipalities for the 
replacement, in playgrounds or parks owned by States or municipalities, 
of drinking water fountains manufactured prior to 1988.
    ``(b) Use of Funds.--Funds awarded under the grant program--
            ``(1) shall be used to pay the costs of replacement of 
        drinking water fountains in playgrounds or parks owned by a 
        State or municipality receiving such funds; and
            ``(2) may be used to pay the costs of monitoring and 
        reporting of lead levels in the drinking water of playgrounds 
        or parks owned by a State or municipality receiving such funds, 
        as determined appropriate by the Administrator.
    ``(c) Priority.--In awarding funds under the grant program, the 
Administrator shall give priority to projects and activities that 
benefit an underserved community or a disadvantaged community.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2020 through 2025''.
    (b) Definitions.--Section 1461 of the Safe Drinking Water Act (42 
U.S.C. 300j-21) is amended by adding at the end the following:
            ``(8) Disadvantaged community.--The term `disadvantaged 
        community' has the meaning given such term in section 
        1452(d)(3).
            ``(9) Playground or park.--The term `playground or park' 
        means an indoor or outdoor park, building, site, or other 
        facility, including any parking lot appurtenant thereto, that 
        is intended for recreation purposes.
            ``(10) Underserved community.--The term `underserved 
        community' has the meaning given such term in section 1459A.''.

                      Subchapter D--Other Matters

SEC. 33107. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.

    Section 2020 of America's Water Infrastructure Act of 2018 (Public 
Law 115-270) is amended--
            (1) in subsection (b)(1), by striking ``subsection (e)(1)'' 
        and inserting ``subsection (f)(1)'';
            (2) by redesignating subsections (c) through (e) as 
        subsections (d) through (f), respectively;
            (3) by inserting after subsection (b) the following:
    ``(c) Assistance for Territories.--The Administrator may use funds 
made available under subsection (f)(1) to make grants to Guam, the 
Virgin Islands, American Samoa, and the Northern Mariana Islands for 
the purposes of providing assistance to eligible systems to restore or 
increase compliance with national primary drinking water 
regulations.''; and
            (4) in subsection (f), as so redesignated--
                    (A) in the heading, by striking ``State Revolving 
                Fund Capitalization''; and
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``and to make grants under 
                        subsection (c) of this section,'' before ``to 
                        be available''; and
                            (ii) in subparagraph (A), by inserting ``or 
                        subsection (c), as applicable'' after 
                        ``subsection (b)(1)''.

                      Subchapter E--Other Matters

SEC. 33108. ALLOTMENTS FOR TERRITORIES.

    Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(j)) is amended by striking ``0.33 percent'' and inserting ``1.5 
percent''.

               CHAPTER 2--GRID SECURITY AND MODERNIZATION

SEC. 33111. 21ST CENTURY POWER GRID.

    (a) In General.--The Secretary of Energy shall establish a program 
to provide financial assistance to eligible partnerships to carry out 
projects related to the modernization of the electric grid, including--
            (1) projects for the deployment of technologies to improve 
        monitoring of, advanced controls for, and prediction of 
        performance of, a distribution system; and
            (2) projects related to transmission system planning and 
        operation.
    (b) Eligible Projects.--Projects for which an eligible partnership 
may receive financial assistance under subsection (a)--
            (1) shall be designed to improve the resiliency, 
        performance, or efficiency of the electric grid, while ensuring 
        the continued provision of safe, secure, reliable, and 
        affordable power;
            (2) may be designed to deploy a new product or technology 
        that could be used by customers of an electric utility; and
            (3) shall demonstrate--
                    (A) secure integration and management of energy 
                resources, including through distributed energy 
                generation, combined heat and power, microgrids, energy 
                storage, electric vehicles, energy efficiency, demand 
                response, or controllable loads; or
                    (B) secure integration and interoperability of 
                communications and information technologies related to 
                the electric grid.
    (c) Cybersecurity Plan.--Each project carried out with financial 
assistance provided under subsection (a) shall include the development 
of a cybersecurity plan written in accordance with guidelines developed 
by the Secretary of Energy.
    (d) Privacy Effects Analysis.--Each project carried out with 
financial assistance provided under subsection (a) shall include a 
privacy effects analysis that evaluates the project in accordance with 
the Voluntary Code of Conduct of the Department of Energy, commonly 
known as the ``DataGuard Energy Data Privacy Program'', or the most 
recent revisions to the privacy program of the Department.
    (e) Definitions.--In this section:
            (1) Eligible partnership.--The term ``eligible 
        partnership'' means a partnership consisting of two or more 
        entities, which--
                    (A) may include--
                            (i) any institution of higher education;
                            (ii) a National Laboratory;
                            (iii) a State or a local government or 
                        other public body created by or pursuant to 
                        State law;
                            (iv) an Indian Tribe;
                            (v) a Federal power marketing 
                        administration; or
                            (vi) an entity that develops and provides 
                        technology; and
                    (B) shall include at least one of any of--
                            (i) an electric utility;
                            (ii) a Regional Transmission Organization; 
                        or
                            (iii) an Independent System Operator.
            (2) Electric utility.--The term ``electric utility'' has 
        the meaning given that term in section 3(22) of the Federal 
        Power Act (16 U.S.C. 796(22)), except that such term does not 
        include an entity described in subparagraph (B) of such 
        section.
            (3) Federal power marketing administration.--The term 
        ``Federal power marketing administration'' means the Bonneville 
        Power Administration, the Southeastern Power Administration, 
        the Southwestern Power Administration, or the Western Area 
        Power Administration.
            (4) Independent system operator; regional transmission 
        organization.--The terms ``Independent System Operator'' and 
        ``Regional Transmission Organization'' have the meanings given 
        those terms in section 3 of the Federal Power Act (16 U.S.C. 
        796).
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given that 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Energy to carry out this section 
$700,000,000 for each of fiscal years 2021 through 2025, to remain 
available until expended.

SEC. 33112. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.

    (a) Definitions.--In this section:
            (1) Qualified energy efficient transformer.--The term 
        ``qualified energy efficient transformer'' means a transformer 
        that meets or exceeds the applicable energy conservation 
        standards described in the tables in subsection (b)(2) and 
        paragraphs (1) and (2) of subsection (c) of section 431.196 of 
        title 10, Code of Federal Regulations (as in effect on the date 
        of enactment of this Act).
            (2) Qualified energy inefficient transformer.--The term 
        ``qualified energy inefficient transformer'' means a 
        transformer with an equal number of phases and capacity to a 
        transformer described in any of the tables in subsection (b)(2) 
        and paragraphs (1) and (2) of subsection (c) of section 431.196 
        of title 10, Code of Federal Regulations (as in effect on the 
        date of enactment of this Act) that--
                    (A) does not meet or exceed the applicable energy 
                conservation standards described in paragraph (1); and
                    (B)(i) was manufactured between January 1, 1985, 
                and December 31, 2006, for a transformer with an equal 
                number of phases and capacity as a transformer 
                described in the table in subsection (b)(2) of section 
                431.196 of title 10, Code of Federal Regulations (as in 
                effect on the date of enactment of this Act); or
                    (ii) was manufactured between January 1, 1990, and 
                December 31, 2009, for a transformer with an equal 
                number of phases and capacity as a transformer 
                described in the table in paragraph (1) or (2) of 
                subsection (c) of that section (as in effect on the 
                date of enactment of this Act).
            (3) Qualified entity.--The term ``qualified entity'' means 
        an owner of industrial or manufacturing facilities, commercial 
        buildings, or multifamily residential buildings, a utility, or 
        an energy service company, that fulfills the requirements of 
        subsection (c).
    (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Energy shall establish a 
program to provide rebates to qualified entities for expenditures made 
by the qualified entity for the replacement of a qualified energy 
inefficient transformer with a qualified energy efficient transformer.
    (c) Requirements.--To be eligible to receive a rebate under this 
section, an entity shall submit to the Secretary of Energy an 
application in such form, at such time, and containing such information 
as the Secretary may require, including demonstrated evidence--
            (1) that the entity purchased a qualified energy efficient 
        transformer;
            (2) of the core loss value of the qualified energy 
        efficient transformer;
            (3) of the age of the qualified energy inefficient 
        transformer being replaced;
            (4) of the core loss value of the qualified energy 
        inefficient transformer being replaced--
                    (A) as measured by a qualified professional or 
                verified by the equipment manufacturer, as applicable; 
                or
                    (B) for transformers described in subsection 
                (a)(2)(B)(i), as selected from a table of default 
                values as determined by the Secretary in consultation 
                with applicable industry; and
            (5) that the qualified energy inefficient transformer has 
        been permanently decommissioned and scrapped.
    (d) Authorized Amount of Rebate.--The amount of a rebate provided 
under this section shall be--
            (1) for a 3-phase or single-phase transformer with a 
        capacity of not less than 10 and not greater than 2,500 
        kilovolt-amperes, twice the amount equal to the difference in 
        watts between the core loss value (as measured in accordance 
        with paragraphs (2) and (4) of subsection (c)) of--
                    (A) the qualified energy inefficient transformer; 
                and
                    (B) the qualified energy efficient transformer; or
            (2) for a transformer described in subsection (a)(2)(B)(i), 
        the amount determined using a table of default rebate values by 
        rated transformer output, as measured in kilovolt-amperes, as 
        determined by the Secretary in consultation with applicable 
        industry.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2021 through 2025, to remain available until expended.

SEC. 33113. INTERREGIONAL TRANSMISSION PLANNING REPORT.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary of Energy shall submit to Congress a report that--
            (1) examines the effectiveness of interregional 
        transmission planning processes for identifying transmission 
        projects across regions that provide economic, reliability, or 
        operational benefits, taking into consideration the public 
        interest, the integrity of markets, and the protection of 
        consumers;
            (2) evaluates the current architecture of regional 
        electricity grids (including international transmission 
        connections of such grids) that together comprise the Nation's 
        electricity grid, with respect to--
                    (A) potential growth in renewable energy 
                generation, including energy generation from offshore 
                wind;
                    (B) potential growth in electricity demand; and
                    (C) retirement of existing electricity generation 
                assets;
            (3) analyzes--
                    (A) the range of benefits that interregional 
                transmission provides;
                    (B) the impact of basing transmission project 
                approvals on a comprehensive assessment of the multiple 
                benefits provided;
                    (C) synchronization of processes described in 
                paragraph (1) among neighboring regions;
                    (D) how often interregional transmission planning 
                should be completed;
                    (E) whether voltage, size, or cost requirements 
                should be a factor in the approval of interregional 
                transmission projects;
                    (F) cost allocation methodologies for interregional 
                transmission projects; and
                    (G) current barriers and challenges to construction 
                of interregional transmission projects; and
            (4) identifies potential changes, based on the analysis 
        under paragraph (3), to the processes described in paragraph 
        (1) to ensure the most efficient, cost effective, and broadly 
        beneficial transmission projects are selected for construction.

SEC. 33114. PROMOTING GRID STORAGE.

    (a) Definitions.--In this section:
            (1) Energy storage system.--The term ``energy storage 
        system'' means equipment or facilities relating to the electric 
        grid that are capable of absorbing and converting energy, as 
        applicable, storing the energy for a period of time, and 
        dispatching the energy, that--
                    (A) use mechanical, electrochemical, biochemical, 
                or thermal processes, to convert and store energy that 
                was generated at an earlier time for use at a later 
                time;
                    (B) use mechanical, electrochemical, biochemical, 
                or thermal processes to convert and store energy 
                generated from mechanical processes that would 
                otherwise be wasted for delivery at a later time; or
                    (C) convert and store energy in an electric, 
                thermal, or gaseous state for direct use for heating or 
                cooling at a later time in a manner that avoids the 
                need to use electricity or other fuel sources at that 
                later time, as is offered by grid-enabled water 
                heaters.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State, territory, or possession of the United 
                States;
                    (B) a State energy office (as defined in section 
                124(a) of the Energy Policy Act of 2005 (42 U.S.C. 
                15821(a)));
                    (C) a tribal organization (as defined in section 
                3765 of title 38, United States Code);
                    (D) an institution of higher education (as defined 
                in section 101 of the Higher Education Act of 1965 (20 
                U.S.C. 1001));
                    (E) an electric utility, including--
                            (i) a rural electric cooperative;
                            (ii) a political subdivision of a State, 
                        such as a municipally owned electric utility, 
                        or any agency, authority, corporation, or 
                        instrumentality of one or more State political 
                        subdivisions; and
                            (iii) an investor-owned utility; and
                    (F) a private energy storage company that is a 
                small business concern (as defined in section 3 of the 
                Small Business Act (15 U.S.C. 632)).
            (3) Island mode.--The term ``island mode'' means a mode in 
        which a distributed generator or energy storage system 
        continues to power a location in the absence of electric power 
        from the primary source.
            (4) Microgrid.--The term ``microgrid'' means an integrated 
        energy system consisting of interconnected loads and 
        distributed energy resources, including generators and energy 
        storage systems, within clearly defined electrical boundaries 
        that--
                    (A) acts as a single controllable entity with 
                respect to the electric grid; and
                    (B) can connect to, and disconnect from, the 
                electric grid to operate in both grid-connected mode 
                and island mode.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Energy Storage Research Program.--
            (1) In general.--The Secretary shall establish a cross-
        cutting national program within the Department of Energy for 
        the research of energy storage systems, including components 
        and materials of such systems.
            (2) Additional requirements.--In establishing the program 
        under paragraph (1), the Secretary shall--
                    (A) identify and coordinate across all relevant 
                program offices throughout the Department of Energy key 
                areas of existing and future research with respect to a 
                portfolio of technologies and approaches;
                    (B) adopt long-term cost, performance, and 
                demonstration targets for different types of energy 
                storage systems and for use in a variety of regions, 
                including rural areas;
                    (C) incorporate considerations of sustainability, 
                sourcing, recycling, reuse, and disposal of materials, 
                including critical elements, in the design of energy 
                storage systems;
                    (D) identify energy storage duration needs;
                    (E) analyze the need for various types of energy 
                storage to improve electric grid resilience and 
                reliability; and
                    (F) support research and development of advanced 
                manufacturing technologies that have the potential to 
                improve United States competitiveness in energy storage 
                manufacturing.
            (3) Establishment.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                establish within the Office of Electricity of the 
                Department of Energy a research, development, and 
                demonstration program of grid-scale energy storage 
                systems, in accordance with this subsection.
                    (B) Goals, priorities, cost targets.--The Secretary 
                shall develop goals, priorities, and cost targets for 
                the program.
            (4) Strategic plan.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this section, the Secretary shall 
                submit to the Committee on Energy and Natural Resources 
                of the Senate and the Committee on Science, Space, and 
                Technology of the House of Representatives a 10-year 
                strategic plan for the program.
                    (B) Contents.--The strategic plan submitted under 
                subparagraph (A) shall--
                            (i) identify Department of Energy programs 
                        that--
                                    (I) support the research and 
                                development activities described in 
                                paragraph (5) and the demonstration 
                                projects under paragraph (3) under 
                                subsection (e); and
                                    (II)(aa) do not support the 
                                activities or projects described in 
                                subclause (I); but
                                    (bb) are important to the 
                                development of grid-scale energy 
                                storage systems and the mission of the 
                                Office of Electricity of the Department 
                                of Energy, as determined by the 
                                Secretary; and
                            (ii) include expected timelines for--
                                    (I) the accomplishment of relevant 
                                objectives under current programs of 
                                the Department of Energy relating to 
                                grid-scale energy storage systems; and
                                    (II) the commencement of any new 
                                initiatives within the Department of 
                                Energy relating to grid-scale energy 
                                storage systems to accomplish those 
                                objectives.
                    (C) Updates to plan.--Not less frequently than once 
                every 2 years, the Secretary shall submit to the 
                Committee on Energy and Natural Resources of the Senate 
                and the Committee on Science, Space, and Technology of 
                the House of Representatives an updated 10-year 
                strategic plan, which shall identify, and provide a 
                justification for, any major deviation from a previous 
                strategic plan submitted under this paragraph.
            (5) Research and development.--In carrying out the program, 
        the Secretary shall focus research and development activities 
        on developing cost effective energy storage systems that--
                    (A)(i) to balance day-scale needs, are capable of 
                highly flexible power output for not less than 6 hours; 
                and
                    (ii) have a lifetime of--
                            (I) not less than 8,000 cycles of discharge 
                        at full output; and
                            (II) 20 years of operation;
                    (B)(i) can provide power to the electric grid for 
                durations of approximately 10 to 100 hours; and
                    (ii) have a lifetime of--
                            (I) not less than 1,500 cycles of discharge 
                        at full output; and
                            (II) 20 years of operation; and
                    (C) can store energy over several months and 
                address seasonal scale variations in supply and demand.
            (6) Cost targets.--Cost targets developed by the Secretary 
        under paragraph (3)(B) shall--
                    (A) be for energy storage costs across all types of 
                energy storage technology; and
                    (B) include technology costs, installation costs, 
                balance of services costs, and soft costs.
            (7) Testing and validation.--The Secretary shall support 
        the standardized testing and validation of energy storage 
        systems under the program through collaboration with 1 or more 
        National Laboratories, including the development of 
        methodologies to independently validate energy storage 
        technologies by performance of energy storage systems on the 
        electric grid, including when appropriate, testing of 
        application-driven charge and discharge protocols.
            (8) Target updates; subtargets.--Not less frequently than 
        once every 5 years during the 10-year period beginning on the 
        date of enactment of this section, the Secretary shall--
                    (A) revise the cost targets developed under 
                paragraph (3)(B) to be more stringent, based on--
                            (i) a technology-neutral approach that 
                        considers all types of energy storage 
                        deployment scenarios, including individual 
                        technologies, technology combination use 
                        profiles, and integrated control system 
                        applications;
                            (ii) input from a variety of stakeholders;
                            (iii) the inclusion and use of existing 
                        infrastructure; and
                            (iv) the ability to optimize the 
                        integration of intermittent renewable energy 
                        generation technology and distributed energy 
                        resources; and
                    (B) establish cost subtargets for technologies and 
                applications relating to the energy storage systems 
                described in paragraph (5), taking into consideration--
                            (i) electricity market prices; and
                            (ii) the goal of being cost-competitive in 
                        specific markets for electric grid products and 
                        services.
    (c) Technical Assistance and Grant Program.--
            (1) Establishment.--
                    (A) In general.--The Secretary shall establish a 
                technical assistance and grant program (referred to in 
                this subsection as the ``program'')--
                            (i) to disseminate information and provide 
                        technical assistance directly to eligible 
                        entities so the eligible entities can identify, 
                        evaluate, plan, design, and develop processes 
                        to procure energy storage systems; and
                            (ii) to make grants to eligible entities so 
                        that the eligible entities may contract to 
                        obtain technical assistance to identify, 
                        evaluate, plan, design, and develop processes 
                        to procure energy storage systems.
                    (B) Technical assistance.--
                            (i) In general.--The technical assistance 
                        described in subparagraph (A) shall include 
                        assistance with one or more of the following 
                        activities relating to energy storage systems:
                                    (I) Identification of opportunities 
                                to use energy storage systems.
                                    (II) Assessment of technical and 
                                economic characteristics.
                                    (III) Utility interconnection.
                                    (IV) Permitting and siting issues.
                                    (V) Business planning and financial 
                                analysis.
                                    (VI) Engineering design.
                            (ii) Exclusion.--The technical assistance 
                        described in subparagraph (A) shall not include 
                        assistance relating to modification of Federal, 
                        State, or local regulations or policies 
                        relating to energy storage systems.
                    (C) Information dissemination.--The information 
                dissemination under subparagraph (A)(i) shall include 
                dissemination of--
                            (i) information relating to the topics 
                        described in subparagraph (B), including case 
                        studies of successful examples;
                            (ii) computer software for assessment, 
                        design, and operation and maintenance of energy 
                        storage systems; and
                            (iii) public databases that track the 
                        operation of existing and planned energy 
                        storage systems.
            (2) Applications.--
                    (A) In general.--An eligible entity desiring 
                technical assistance or grants under the program shall 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    (B) Application process.--The Secretary shall seek 
                applications for technical assistance and grants under 
                the program--
                            (i) on a competitive basis; and
                            (ii) on a periodic basis, but not less 
                        frequently than once every 12 months.
                    (C) Priorities.--In selecting eligible entities for 
                technical assistance and grants under the program, the 
                Secretary shall give priority to eligible entities with 
                projects that have the greatest potential for--
                            (i) strengthening the reliability of energy 
                        infrastructure and the resilience of energy 
                        infrastructure to the effects of extreme 
                        weather events, power grid failures, and 
                        interruptions in supply of fossil fuels;
                            (ii) reducing the cost of energy storage 
                        systems;
                            (iii) facilitating the use of renewable 
                        energy resources;
                            (iv) minimizing environmental impact, 
                        including regulated air pollutants and 
                        greenhouse gas emissions;
                            (v) improving the feasibility of microgrids 
                        or islanding, particularly in rural areas, 
                        including rural areas with high energy costs; 
                        and
                            (vi) maximizing local job creation.
            (3) Grants.--On application by an eligible entity, the 
        Secretary may award grants to the eligible entity to provide 
        funds to cover not more than--
                    (A) 100 percent of the costs of carrying out an 
                initial assessment to identify net system benefits of 
                using energy storage systems;
                    (B) 75 percent of the cost of obtaining guidance 
                relating to methods to assess energy storage in long-
                term resource planning and resource procurement;
                    (C) 60 percent of the cost of carrying out studies 
                to assess the cost-benefit ratio of energy storage 
                systems; and
                    (D) 50 percent of the cost of obtaining guidance on 
                complying with State and local regulatory technical 
                standards, including siting and permitting standards.
            (4) Rules and procedures.--
                    (A) Rules.--Not later than 180 days after the date 
                of enactment of this Act, the Secretary shall, by rule, 
                establish procedures for carrying out the program.
                    (B) Grants.--Not later than 120 days after the date 
                on which the Secretary establishes procedures for the 
                program under subparagraph (A), the Secretary shall 
                issue grants under this subsection.
            (5) Reports.--The Secretary shall submit to Congress and 
        make available to the public--
                    (A) not less frequently than once every 2 years, a 
                report describing the performance of the program under 
                this subsection, including a synthesis and analysis of 
                any information the Secretary requires grant recipients 
                to provide to the Secretary as a condition of receiving 
                a grant; and
                    (B) on termination of the program under this 
                subsection, an assessment of the success of, and 
                education provided by, the measures carried out by 
                eligible entities under the program.
    (d) Department of Energy Workshops.--The Secretary shall hold one 
or more workshops during each of calendar years 2021 and 2023 to 
facilitate the sharing, across the Department of Energy, the States, 
local and Tribal governments, industry, and the academic research 
community, of research developments and new technical knowledge gained 
in carrying out subsections (b) and (c).
    (e) Energy Storage System Demonstration Program.--
            (1) Energy storage grant program.--
                    (A) Establishment.--The Secretary shall establish a 
                competitive grant program for pilot energy storage 
                systems, as identified by the Secretary, that use 
                either--
                            (i) a single system; or
                            (ii) aggregations of multiple systems.
                    (B) Selection requirements.--In selecting eligible 
                entities to receive a grant under this subsection, the 
                Secretary shall, to the maximum extent practicable--
                            (i) ensure regional diversity among 
                        eligible entities that receive the grants, 
                        including participation by rural States and 
                        small States;
                            (ii) ensure that specific projects selected 
                        for grants--
                                    (I) expand on the existing 
                                technology demonstration programs of 
                                the Department of Energy; and
                                    (II) are designed to achieve one or 
                                more of the objectives described in 
                                subparagraph (C);
                            (iii) prioritize projects from eligible 
                        entities that do not have an energy storage 
                        system;
                            (iv) give consideration to proposals from 
                        eligible entities for securing energy storage 
                        through competitive procurement or contracts 
                        for service;
                            (v) prioritize projects that coordinate 
                        with the local incumbent electric utility for 
                        in-front-of-the-meter projects that do not 
                        formally involve an electric utility; and
                            (vi) prioritize projects that leverage 
                        matching funds from non-Federal sources.
                    (C) Objectives.--Each demonstration project 
                selected for a grant under subparagraph (A) shall 
                include one or more of the following objectives:
                            (i) To improve the security and resiliency 
                        of critical infrastructure and emergency 
                        response systems.
                            (ii) To improve the reliability of the 
                        electricity transmission and distribution 
                        system, particularly in rural areas, including 
                        rural areas with high energy costs.
                            (iii) To optimize electricity transmission 
                        or distribution system operation and power 
                        quality to defer or avoid costs of replacing or 
                        upgrading electric grid infrastructure, 
                        including transformers and substations.
                            (iv) To supply energy at peak periods of 
                        demand on the electric grid or during periods 
                        of significant variation of electric grid 
                        supply.
                            (v) To reduce peak residential and 
                        commercial loads, particularly to defer or 
                        avoid investments in new electric grid 
                        capacity.
                            (vi) To advance power conversion systems to 
                        make the systems internet-connected, more 
                        efficient, able to communicate with other 
                        inverters, and able to control voltage.
                            (vii) To provide ancillary services for 
                        grid stability and management.
                            (viii) To integrate a renewable energy 
                        resource production source into the grid at the 
                        source or away from the source.
                            (ix) To increase the feasibility of 
                        microgrids or islanding.
                            (x) To enable the use of stored energy in 
                        forms other than electricity to support the 
                        natural gas system and other industrial 
                        processes.
                    (D) Restriction on use of funds.--Any eligible 
                entity that receives a grant under subparagraph (A) may 
                only use the grant to fund programs relating to the 
                demonstration of energy storage systems connected to 
                the electric grid, including energy storage systems 
                sited behind a customer revenue meter.
                    (E) Funding limitations.--
                            (i) Federal cost share.--The Federal cost 
                        share of a project carried out with a grant 
                        under subparagraph (A) shall be not more than 
                        50 percent of the total costs incurred in 
                        connection with the development, construction, 
                        acquisition of components for, or engineering 
                        of a demonstration project.
                            (ii) Maximum grant.--The maximum amount of 
                        a grant awarded under subparagraph (A) shall be 
                        $5,000,000.
                    (F) No project ownership interest.--The United 
                States shall hold no equity or other ownership interest 
                in an energy storage system for which a grant is 
                provided under subparagraph (A).
                    (G) Comparable wage rates.--Each laborer and 
                mechanic employed by a contractor or subcontractor in 
                performance of construction work financed, in whole or 
                in part, by the grant shall be paid wages at rates not 
                less than the rates prevailing on similar construction 
                in the locality as determined by the Secretary of Labor 
                in accordance with subchapter IV of chapter 31 of title 
                40, United States Code.
            (2) Rules and procedures; awarding of grants.--
                    (A) Rules and procedures.--Not later than 180 days 
                after the date of enactment of this Act, the Secretary 
                shall, by rule, establish procedures for carrying out 
                the grant program under paragraph (1).
                    (B) Awarding of grants.--Not later than 1 year 
                after the date on which the Secretary establishes 
                procedures under subparagraph (A), the Secretary shall 
                award the initial grants provided under this 
                subsection.
            (3) Reports.--The Secretary shall submit to Congress and 
        make publicly available--
                    (A) not less frequently than once every 2 years for 
                the duration of the grant program under paragraph (1), 
                a report describing the performance of the grant 
                program, including a synthesis and analysis of any 
                information the Secretary requires grant recipients to 
                provide to the Secretary as a condition of receiving a 
                grant; and
                    (B) on termination of the grant program under 
                paragraph (1), an assessment of the success of, and 
                education provided by, the measures carried out by 
                grant recipients under the grant program.
            (4) Demonstration projects.--
                    (A) In general.--Not later than September 30, 2023, 
                under the program, the Secretary shall, to the maximum 
                extent practicable, enter into agreements to carry out 
                not more than 5 grid-scale energy storage system 
                demonstration projects.
                    (B) Objectives.--Each demonstration project carried 
                out under subparagraph (A) shall be designed to further 
                the development of the energy storage systems described 
                in subsection (b)(5).
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated--
            (1) for each of fiscal years 2021 through 2025, 
        $175,000,000 to carry out subsection (b);
            (2) for the period of fiscal years 2021 through 2025, 
        $100,000,000 to carry out subsection (c), to remain available 
        until expended; and
            (3) for the period of fiscal years 2021 through 2025, 
        $150,000,000 to carry out subsection (e), to remain available 
        until expended.

SEC. 33115. EXPANDING ACCESS TO SUSTAINABLE ENERGY.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                    (A) a rural electric cooperative; or
                    (B) a nonprofit organization working with at least 
                six or more rural electric cooperatives.
            (2) Energy storage.--The term ``energy storage'' means the 
        use of equipment or facilities relating to the electric grid 
        that are capable of absorbing and converting energy, as 
        applicable, storing the energy for a period of time, and 
        dispatching the energy, that--
                    (A) use mechanical, electrochemical, biochemical, 
                or thermal processes, to convert and store energy that 
                was generated at an earlier time for use at a later 
                time;
                    (B) use mechanical, electrochemical, biochemical, 
                or thermal processes to convert and store energy 
                generated from mechanical processes that would 
                otherwise be wasted for delivery at a later time; or
                    (C) convert and store energy in an electric, 
                thermal, or gaseous state for direct use for heating or 
                cooling at a later time in a manner that avoids the 
                need to use electricity or other fuel sources at that 
                later time, as is offered by grid-enabled water 
                heaters.
            (3) Island.--The term ``island mode'' means a mode in which 
        a distributed generator or energy storage device continues to 
        power a location in the absence of electric power from the 
        primary source.
            (4) Microgrid.--The term ``microgrid'' means an 
        interconnected system of loads and distributed energy 
        resources, including generators and energy storage devices, 
        within clearly defined electrical boundaries that--
                    (A) acts as a single controllable entity with 
                respect to the electric grid; and
                    (B) can connect to, and disconnect from, the 
                electric grid to operate in both grid-connected mode 
                and island mode.
            (5) Renewable energy source.--The term ``renewable energy 
        source'' has the meaning given the term in section 609(a) of 
        the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 
        918c(a)).
            (6) Rural electric cooperative.--The term ``rural electric 
        cooperative'' means an electric cooperative (as defined in 
        section 3 of the Federal Power Act (16 U.S.C. 796)) that sells 
        electric energy to persons in rural areas.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Energy Storage and Microgrid Assistance Program.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall establish a program 
        under which the Secretary shall--
                    (A) provide grants to eligible entities under 
                paragraph (3);
                    (B) provide technical assistance to eligible 
                entities under paragraph (4); and
                    (C) disseminate information to eligible entities 
                on--
                            (i) the activities described in paragraphs 
                        (3)(A) and (4); and
                            (ii) potential and existing energy storage 
                        and microgrid projects.
            (2) Cooperative agreement.--The Secretary may enter into a 
        cooperative agreement with an eligible entity to carry out 
        paragraph (1).
            (3) Grants.--
                    (A) In general.--The Secretary shall award grants 
                to eligible entities for identifying, evaluating, 
                designing, and demonstrating energy storage and 
                microgrid projects that utilize energy from renewable 
                energy sources.
                    (B) Application.--To be eligible to receive a grant 
                under subparagraph (A), an eligible entity shall submit 
                to the Secretary an application at such time, in such 
                manner, and containing such information as the 
                Secretary may require.
                    (C) Use of grant.--An eligible entity that receives 
                a grant under subparagraph (A)--
                            (i) shall use the grant--
                                    (I) to conduct feasibility studies 
                                to assess the potential for 
                                implementation or improvement of energy 
                                storage or microgrid projects;
                                    (II) to analyze and implement 
                                strategies to overcome barriers to 
                                energy storage or microgrid project 
                                implementation, including financial, 
                                contracting, siting, and permitting 
                                barriers;
                                    (III) to conduct detailed 
                                engineering of energy storage or 
                                microgrid projects;
                                    (IV) to perform a cost-benefit 
                                analysis with respect to an energy 
                                storage or microgrid project;
                                    (V) to plan for both the short- and 
                                long-term inclusion of energy storage 
                                or microgrid projects into the future 
                                development plans of the eligible 
                                entity; or
                                    (VI) to purchase and install 
                                necessary equipment, materials, and 
                                supplies for demonstration of emerging 
                                technologies; and
                            (ii) may use the grant to obtain technical 
                        assistance from experts in carrying out the 
                        activities described in clause (i).
                    (D) Condition.--As a condition of receiving a grant 
                under subparagraph (A), an eligible entity shall--
                            (i) implement a public awareness campaign, 
                        in coordination with the Secretary, about the 
                        project implemented under the grant in the 
                        community in which the eligible entity is 
                        located;
                            (ii) submit to the Secretary, and make 
                        available to the public, a report that 
                        describes--
                                    (I) any energy cost savings and 
                                environmental benefits achieved under 
                                the project; and
                                    (II) the results of the project, 
                                including quantitative assessments to 
                                the extent practicable, associated with 
                                each activity described in subparagraph 
                                (C)(i); and
                            (iii) create and disseminate tools and 
                        resources that will benefit other rural 
                        electric cooperatives, which may include cost 
                        calculators, guidebooks, handbooks, templates, 
                        and training courses.
                    (E) Cost-share.--Activities under this paragraph 
                shall be subject to the cost-sharing requirements of 
                section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
                16352).
            (4) Technical assistance.--
                    (A) In general.--In carrying out the program 
                established under paragraph (1), the Secretary shall 
                provide eligible entities with technical assistance 
                relating to--
                            (i) identifying opportunities for energy 
                        storage and microgrid projects;
                            (ii) understanding the technical and 
                        economic characteristics of energy storage or 
                        microgrid projects;
                            (iii) understanding financing alternatives;
                            (iv) permitting and siting issues;
                            (v) obtaining case studies of similar and 
                        successful energy storage or microgrid 
                        projects;
                            (vi) reviewing and obtaining computer 
                        software for assessment, design, and operation 
                        and maintenance of energy storage or microgrid 
                        systems; and
                            (vii) understanding and utilizing the 
                        reliability and resiliency benefits of energy 
                        storage and microgrid projects.
                    (B) External contracts.--In carrying out 
                subparagraph (A), the Secretary may enter into 
                contracts with third-party experts, including 
                engineering, finance, and insurance experts, to provide 
                technical assistance to eligible entities relating to 
                the activities described in such subparagraph, or other 
                relevant activities, as determined by the Secretary.
    (c) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $5,000,000 for each of fiscal years 2021 
        through 2025.
            (2) Administrative costs.--Not more than 5 percent of the 
        amount appropriated under paragraph (1) for each fiscal year 
        shall be used for administrative expenses.

SEC. 33116. INTERREGIONAL TRANSMISSION PLANNING RULEMAKING.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this section, the Federal Energy Regulatory Commission 
(hereinafter referred to as ``the Commission'') shall initiate a 
rulemaking to increase the effectiveness of the interregional 
transmission planning process.
    (b) Assessment.--In conducting the rulemaking under subsection (a), 
the Commission shall assess--
            (1) the effectiveness of interregional transmission 
        planning processes for identifying transmission planning 
        solutions that provide economic, reliability, operation, and 
        public policy benefits, taking into consideration--
                    (A) the public interest;
                    (B) the integrity of markets; and
                    (C) the protection of consumers; and
            (2) proposed changes to the processes described in 
        paragraph (1) to ensure that efficient, cost-effective, and 
        broadly beneficial transmission solutions are selected for 
        construction, taking into consideration--
                    (A) the public interest;
                    (B) the integrity of markets;
                    (C) the protection of consumers; and
                    (D) the range of benefits that interregional 
                transmission provides.
    (c) Emphasis.--In conducting the rulemaking under subsection (a), 
the Commission shall develop rules that emphasize--
            (1) the need for a solution to secure approval based on a 
        comprehensive assessment of the multiple benefits the solution 
        is expected to provide;
            (2) that interregional benefit analyses made between 
        multiple regions should not be subject to reassessment by a 
        single regional entity;
            (3) the importance of synchronizing the planning processes 
        between regions that neighbor one another, including using one 
        timeline with a single set of needs, input assumptions, and 
        benefit metrics;
            (4) that evaluation of long-term scenarios should align 
        with the expected life of an interregional transmission 
        solution;
            (5) that transmission planning authorities should allow for 
        the identification and joint evaluation between regions of 
        alternative proposals;
            (6) that the interregional transmission planning process 
        should take place not less frequently than once every 3 years;
            (7) the elimination of arbitrary voltage, size, or cost 
        requirements for an interregional transmission solution; and
            (8) cost allocation methodologies that reflect the multiple 
        benefits provided by an interregional transmission solution.
    (d) Timing.--Not later than 18 months after the date of the 
enactment of this section, the Commission shall complete the rulemaking 
initiated under subsection (a).
    (e) Definitions.--In this section:
            (1) Interregional benefit analysis.--The term 
        ``interregional benefit analysis'' means the identification and 
        evaluation of the estimated benefits of interregional 
        transmission facilities in two or more neighboring transmission 
        planning regions to meet the needs for transmission system 
        reliability, resilience, economic, and public policy 
        requirements.
            (2) Interregional transmission planning process.--The term 
        ``interregional transmission planning process'' means an 
        evaluation of transmission needs established by public utility 
        transmission providers in two or more neighboring transmission 
        planning regions that are jointly evaluated by those regions.
            (3) Interregional transmission solution.--The term 
        ``interregional transmission solution'' means an interregional 
        transmission facility that is evaluated by two or more 
        neighboring transmission planning regions and determined by 
        each of those regions for the ability of the project to 
        efficiently or cost effectively meet regional transmission 
        needs or to provide substantial benefits that are not addressed 
        in either of the region's regional planning processes.
            (4) Transmission planning authority.--The term 
        ``transmission planning authority'' means the public utility 
        transmission provider within a transmission planning region 
        that is required to create a regional transmission plan that 
        identifies transmission facilities and nontransmission 
        alternatives needed to meet regional needs.
            (5) Transmission planning regions.--The term ``transmission 
        planning regions'' means the transmission planning regions 
        recognized by the Commission as compliant with the final rule 
        entitled ``Transmission Planning and Cost Allocation by 
        Transmission Owning and Operating Public Utilities'' located at 
        part 35 of title 18, Code of Federal Regulations (or any 
        successor regulation).

          CHAPTER 3--CONTROLLING METHANE LEAKS FROM PIPELINES

SEC. 33121. IMPROVING THE NATURAL GAS DISTRIBUTION SYSTEM.

    (a) Program.--The Secretary of Energy shall establish a grant 
program to provide financial assistance to States to offset the 
incremental rate increases paid by low-income households resulting from 
the implementation of State-approved infrastructure replacement, 
repair, and maintenance programs designed to accelerate the necessary 
replacement, repair, or maintenance of natural gas distribution 
systems.
    (b) Date of Eligibility.--Awards may be provided under this section 
to offset rate increases described in subsection (a) occurring on or 
after the date of enactment of this Act.
    (c) Prioritization.--The Secretary shall collaborate with States to 
prioritize the distribution of grants made under this section. At a 
minimum, the Secretary shall consider prioritizing the distribution of 
grants to States which have--
            (1) authorized or adopted enhanced infrastructure 
        replacement programs or innovative rate recovery mechanisms, 
        such as infrastructure cost trackers and riders, infrastructure 
        base rate surcharges, deferred regulatory asset programs, and 
        earnings stability mechanisms; and
            (2) a viable means for delivering financial assistance to 
        low-income households.
    (d) Auditing and Reporting Requirements.--The Secretary shall 
establish auditing and reporting requirements for States with respect 
to the performance of eligible projects funded pursuant to grants 
awarded under this section.
    (e) Prevailing Wages.--All laborers and mechanics employed by 
contractors or subcontractors in the performance of construction, 
alteration, or repair work assisted, in whole or in part, by a grant 
under this section shall be paid wages at rates not less than those 
prevailing on similar construction in the locality as determined by the 
Secretary of Labor in accordance with subchapter IV of chapter 31 of 
title 40. With respect to the labor standards in this subsection, the 
Secretary of Labor shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) 
and section 3145 of title 40.
    (f) Definitions.--In this section:
            (1) Innovative rate recovery mechanisms.--The term 
        ``innovative rate recovery mechanisms'' means rate structures 
        that allow State public utility commissions to modify tariffs 
        and recover costs of investments in utility replacement 
        incurred between rate cases.
            (2) Low-income household.--The term ``low-income 
        household'' means a household that is eligible to receive 
        payments under section 2605(b)(2) of the Low-Income Home Energy 
        Assistance Act of 1981 (42 U.S.C. 8624(b)(2)).
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $250,000,000 to carry out this section in 
each fiscal year beginning in fiscal year 2021 and ending in fiscal 
year 2025.

                      CHAPTER 4--RENEWABLE ENERGY

SEC. 33131. GRANT PROGRAM FOR SOLAR INSTALLATIONS LOCATED IN, OR THAT 
              SERVE, LOW-INCOME AND UNDERSERVED AREAS.

    (a) Definitions.--In this section:
            (1) Beneficiary.--The term ``beneficiary'' means a low-
        income household or a low-income household in an underserved 
        area.
            (2) Community solar facility.--The term ``community solar 
        facility'' means a solar generating facility that--
                    (A) through a voluntary program, has multiple 
                subscribers that receive financial benefits that are 
                directly attributable to the facility;
                    (B) has a nameplate rating of 5 megawatts AC or 
                less; and
                    (C) is located in the utility distribution service 
                territory of subscribers.
            (3) Community solar subscription.--The term ``community 
        solar subscription'' means a share in the capacity, or a 
        proportional interest in the electricity generation, of a 
        community solar facility.
            (4) Covered facility.--The term ``covered facility'' 
        means--
                    (A) a community solar facility--
                            (i) that is located in an underserved area; 
                        or
                            (ii) at least 50 percent of the capacity of 
                        which is reserved for low-income households;
                    (B) a solar generating facility located at a 
                residence of a low-income household; or
                    (C) a solar generating facility located at a multi-
                family affordable housing complex.
            (5) Covered state.--The term ``covered State'' means a 
        State with processes in place to ensure that covered facilities 
        deliver financial benefits to low-income households.
            (6) Eligible entity.--The term ``eligible entity'' means--
                    (A) a nonprofit organization that provides services 
                to low-income households or multi-family affordable 
                housing complexes;
                    (B) a developer, owner, or operator of a community 
                solar facility that reserves a portion of the capacity 
                of the facility for subscribers who are members of low-
                income households or for low-income households that 
                otherwise financially benefit from the facility;
                    (C) a covered State, or political subdivision 
                thereof;
                    (D) an Indian Tribe or a tribally owned electric 
                utility;
                    (E) a Native Hawaiian community-based organization;
                    (F) any other national or regional entity that has 
                experience developing or installing solar generating 
                facilities for low-income households that maximize 
                financial benefits to those households; and
                    (G) an electric cooperative or municipal electric 
                utility (as such terms are defined in section 3 of the 
                Federal Power Act).
            (7) Eligible installation project.--The term ``eligible 
        installation project'' means a project to install a covered 
        facility in a covered State.
            (8) Eligible planning project.--The term ``eligible 
        planning project'' means a project to carry out pre-
        installation activities for the development of a covered 
        facility in a covered State.
            (9) Eligible project.--The term ``eligible project'' 
        means--
                    (A) an eligible planning project; or
                    (B) an eligible installation project.
            (10) Feasibility study.--The term ``feasibility study'' 
        means any activity to determine the feasibility of a specific 
        solar generating facility, including a customer interest 
        assessment and a siting assessment, as determined by the 
        Secretary.
            (11) Indian tribe.--The term ``Indian Tribe'' means any 
        Indian Tribe, band, nation, or other organized group or 
        community, including any Alaska Native village, Regional 
        Corporation, or Village Corporation (as defined in, or 
        established pursuant to, the Alaska Native Claims Settlement 
        Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible 
        for the special programs and services provided by the United 
        States to Indians because of their status as Indians.
            (12) Interconnection service.--The term ``interconnection 
        service'' has the meaning given such term in section 111(d)(15) 
        of the Public Utility Regulatory Policies Act of 1978 (16 
        U.S.C. 2621(d)(15)).
            (13) Low-income household.--The term ``low-income 
        household'' means that income in relation to family size 
        which--
                    (A) is at or below 200 percent of the poverty level 
                determined in accordance with criteria established by 
                the Director of the Office of Management and Budget, 
                except that the Secretary may establish a higher level 
                if the Secretary determines that such a higher level is 
                necessary to carry out the purposes of this section;
                    (B) is the basis on which cash assistance payments 
                have been paid during the preceding 12-month period 
                under titles IV and XVI of the Social Security Act (42 
                U.S.C. 601 et seq., 1381 et seq.) or applicable State 
                or local law; or
                    (C) if a State elects, is the basis for eligibility 
                for assistance under the Low-Income Home Energy 
                Assistance Act of 1981 (42 U.S.C. 8621 et seq.), 
                provided that such basis is at least 200 percent of the 
                poverty level determined in accordance with criteria 
                established by the Director of the Office of Management 
                and Budget.
            (14) Multi-family affordable housing complex.--The term 
        ``multi-family affordable housing complex'' means any federally 
        subsidized affordable housing complex in which at least 50 
        percent of the units are reserved for low-income households.
            (15) Native hawaiian community-based organization.--The 
        term ``Native Hawaiian community-based organization'' means any 
        organization that is composed primarily of Native Hawaiians 
        from a specific community and that assists in the social, 
        cultural, and educational development of Native Hawaiians in 
        that community.
            (16) Program.--The term ``program'' means the program 
        established under subsection (b).
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (18) Solar generating facility.--The term ``solar 
        generating facility'' means--
                    (A) a generator that creates electricity from light 
                photons; and
                    (B) the accompanying hardware enabling that 
                electricity to flow--
                            (i) onto the electric grid;
                            (ii) into a facility or structure; or
                            (iii) into an energy storage device.
            (19) State.--The term ``State'' means each of the 50 
        States, the District of Columbia, Guam, the Commonwealth of 
        Puerto Rico, the Northern Mariana Islands, the Virgin Islands, 
        and American Samoa.
            (20) Subscriber.--The term ``subscriber'' means a person 
        who--
                    (A) owns a community solar subscription, or an 
                equivalent unit or share of the capacity or generation 
                of a community solar facility; or
                    (B) financially benefits from a community solar 
                facility, even if the person does not own a community 
                solar subscription for the facility.
            (21) Underserved area.--The term ``underserved area'' 
        means--
                    (A) a geographical area with low or no photovoltaic 
                solar deployment, as determined by the Secretary;
                    (B) a geographical area that has low or no access 
                to electricity, as determined by the Secretary;
                    (C) a geographical area with an average annual 
                residential retail electricity price that exceeds the 
                national average annual residential retail electricity 
                price (as reported by the Energy Information Agency) by 
                50 percent or more; or
                    (D) trust land, as defined in section 3765 of title 
                38, United States Code.
    (b) Establishment.--The Secretary shall establish a program to 
provide financial assistance to eligible entities--
            (1) carry out planning projects that are necessary to 
        establish the feasibility, obtain required permits, identify 
        beneficiaries, or secure subscribers to install a covered 
        facility; or
            (2) install a covered facility for beneficiaries in 
        accordance with this section.
    (c) Applications.--
            (1) In general.--To be eligible to receive assistance under 
        the program, an eligible entity shall submit to the Secretary 
        an application at such time, in such manner, and containing 
        such information as the Secretary may require.
            (2) Inclusion for installation assistance.--
                    (A) Requirements.--For an eligible entity to 
                receive assistance for a project to install a covered 
                facility, the Secretary shall require the eligible 
                entity to include--
                            (i) information in the application that is 
                        sufficient to demonstrate that the eligible 
                        entity has obtained, or has the capacity to 
                        obtain, necessary permits, subscribers, access 
                        to an installation site, and any other items or 
                        agreements necessary to comply with an 
                        agreement under subsection (g)(1) and to 
                        complete the installation of the applicable 
                        covered facility;
                            (ii) a description of the mechanism through 
                        which financial benefits will be distributed to 
                        beneficiaries or subscribers; and
                            (iii) an estimate of the anticipated 
                        financial benefit for beneficiaries or 
                        subscribers.
                    (B) Consideration of planning projects.--The 
                Secretary shall consider the successful completion of 
                an eligible planning project pursuant to subsection 
                (b)(1) by the eligible entity to be sufficient to 
                demonstrate the ability of the eligible entity to meet 
                the requirements of subparagraph (A)(i).
    (d) Selection.--
            (1) In general.--In selecting eligible projects to receive 
        assistance under the program, the Secretary shall--
                    (A) prioritize--
                            (i) eligible installation projects that 
                        will result in the most financial benefit for 
                        subscribers, as determined by the Secretary;
                            (ii) eligible installation projects that 
                        will result in development of covered 
                        facilities in underserved areas; and
                            (iii) eligible projects that include 
                        apprenticeship, job training, or community 
                        participation as part of their application; and
                    (B) ensure that such assistance is provided in a 
                manner that results in eligible projects being carried 
                out on a geographically diverse basis within and among 
                covered States.
            (2) Determination of financial benefit.--In determining the 
        amount of financial benefit for low-income households of an 
        eligible installation project, the Secretary shall ensure that 
        all calculations for estimated household energy savings are 
        based solely on electricity offsets from the applicable covered 
        facility and use formulas established by the State or local 
        government with jurisdiction over the applicable covered 
        facility for verifiable household energy savings estimates that 
        accrue to low-income households.
    (e) Assistance.--
            (1) Form.--The Secretary may provide assistance under the 
        program in the form of a grant (which may be in the form of a 
        rebate) or a low-interest loan.
            (2) Multiple projects for same facility.--
                    (A) In general.--An eligible entity may apply for 
                assistance under the program for an eligible planning 
                project and an eligible installation project for the 
                same covered facility.
                    (B) Separate selections.--Selection by the 
                Secretary for assistance under the program of an 
                eligible planning project does not require the 
                Secretary to select for assistance under the program an 
                eligible installation project for the same covered 
                facility.
    (f) Use of Assistance.--
            (1) Eligible planning projects.--An eligible entity 
        receiving assistance for an eligible planning project under the 
        program may use such assistance to pay the costs of pre-
        installation activities associated with an applicable covered 
        facility, including--
                    (A) feasibility studies;
                    (B) permitting;
                    (C) site assessment;
                    (D) on-site job training, or other community-based 
                activities directly associated with the eligible 
                planning project; or
                    (E) such other costs determined by the Secretary to 
                be appropriate.
            (2) Eligible installation projects.--An eligible entity 
        receiving assistance for an eligible installation project under 
        the program may use such assistance to pay the costs of--
                    (A) installation of a covered facility, including 
                costs associated with materials, permitting, labor, or 
                site preparation;
                    (B) storage technology sited at a covered facility;
                    (C) interconnection service expenses;
                    (D) on-site job training, or other community-based 
                activities directly associated with the eligible 
                installation project;
                    (E) offsetting the cost of a subscription for a 
                covered facility described in subparagraph (A) of 
                subsection (a)(4) for subscribers that are members of a 
                low income household; or
                    (F) such other costs determined by the Secretary to 
                be appropriate.
    (g) Administration.--
            (1) Agreements.--
                    (A) In general.--As a condition of receiving 
                assistance under the program, an eligible entity shall 
                enter into an agreement with the Secretary.
                    (B) Requirements.--An agreement entered into under 
                this paragraph--
                            (i) shall require the eligible entity to 
                        maintain such records and adopt such 
                        administrative practices as the Secretary may 
                        require to ensure compliance with the 
                        requirements of this section and the agreement;
                            (ii) with respect to an eligible 
                        installation project shall require that any 
                        solar generating facility installed using 
                        assistance provided pursuant to the agreement 
                        comply with local building and safety codes and 
                        standards; and
                            (iii) shall contain such other terms as the 
                        Secretary may require to ensure compliance with 
                        the requirements of this section.
                    (C) Term.--An agreement under this paragraph shall 
                be for a term that begins on the date on which the 
                agreement is entered into and ends on the date that is 
                2 years after the date on which the eligible entity 
                receives assistance pursuant to the agreement, which 
                term may be extended once for a period of not more than 
                1 year if the eligible entity demonstrates to the 
                satisfaction of the Secretary that such an extension is 
                necessary to complete the activities required by the 
                agreement.
            (2) Use of funds.--Of the funds made available to provide 
        assistance to eligible installation projects under this section 
        over the period of fiscal years 2021 through 2025, the 
        Secretary shall use--
                    (A) not less than 50 percent to provide assistance 
                for eligible installation projects with respect to 
                which low-income households make up at least 50 percent 
                of the subscribers to the project; and
                    (B) not more than 50 percent to provide assistance 
                for eligible installation projects with respect to 
                which low-income households make up at least 25 percent 
                of the subscribers to the project.
            (3) Regulations.--Not later than 120 days after the date of 
        enactment of this Act, the Secretary shall publish in the 
        Federal Register regulations to carry out this section, which 
        shall take effect on the date of publication.
    (h) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        the Secretary to carry out this section $200,000,000 for each 
        of fiscal years 2021 through 2025, to remain available until 
        expended.
            (2) Amounts for planning projects.--Of the amounts 
        appropriated pursuant to this section over the period of fiscal 
        years 2021 through 2025, the Secretary shall use not more than 
        15 percent of funds to provide assistance to eligible planning 
        projects.
    (i) Relationship to Other Assistance.--The Secretary shall, to the 
extent practicable, encourage eligible entities that receive assistance 
under this section to leverage such funds by seeking additional funding 
through federally or locally subsidized weatherization and energy 
efficiency programs.

                      CHAPTER 5--SMART COMMUNITIES

SEC. 33141. 3C ENERGY PROGRAM.

    (a) Establishment.--The Secretary of Energy shall establish a 
program to be known as the Cities, Counties, and Communities Energy 
Program (or the 3C Energy Program) to provide technical assistance and 
competitively awarded grants to local governments, public housing 
authorities, nonprofit organizations, and other entities the Secretary 
determines to be eligible, to incorporate clean energy into community 
development and revitalization efforts.
    (b) Best Practice Models.--The Secretary of Energy shall--
            (1) provide a recipient of technical assistance or a grant 
        under the program established under subsection (a) with best 
        practice models that are used in jurisdictions of similar size 
        and situation; and
            (2) assist such recipient in developing and implementing 
        strategies to achieve its clean energy technology goals.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2021 through 2025.

SEC. 33142. FEDERAL TECHNOLOGY ASSISTANCE.

    (a) Smart City or Community Assistance Pilot Program.--
            (1) In general.--The Secretary of Energy shall develop and 
        implement a pilot program under which the Secretary shall 
        contract with the national laboratories to provide technical 
        assistance to cities and communities, to improve the access of 
        such cities and communities to expertise, competencies, and 
        infrastructure of the national laboratories for the purpose of 
        promoting smart city or community technologies.
            (2) Partnerships.--In carrying out the program under this 
        subsection, the Secretary of Energy shall prioritize assistance 
        for cities and communities that have partnered with small 
        business concerns.
    (b) Technologist in Residence Pilot Program.--
            (1) In general.--The Secretary of Energy shall expand the 
        Technologist in Residence pilot program of the Department of 
        Energy to include partnerships between national laboratories 
        and local governments with respect to research and development 
        relating to smart cities and communities.
            (2) Requirements.--For purposes of the partnerships entered 
        into under paragraph (1), technologists in residence shall work 
        with an assigned unit of local government to develop an 
        assessment of smart city or community technologies available 
        and appropriate to meet the objectives of the city or 
        community, in consultation with private sector entities 
        implementing smart city or community technologies.
    (c) Guidance.--The Secretary of Energy, in consultation with the 
Secretary of Commerce, shall issue guidance with respect to--
            (1) the scope of the programs established and implemented 
        under subsections (a) and (b); and
            (2) requests for proposals from local governments 
        interested in participating in such programs.
    (d) Considerations.--In establishing and implementing the programs 
under subsections (a) and (b), the Secretary of Energy shall seek to 
address the needs of small- and medium-sized cities.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2021 through 2025.

SEC. 33143. TECHNOLOGY DEMONSTRATION GRANT PROGRAM.

    (a) In General.--The Secretary of Commerce shall establish a smart 
city or community regional demonstration grant program under which the 
Secretary shall conduct demonstration projects focused on advanced 
smart city or community technologies and systems in a variety of 
communities, including small- and medium-sized cities.
    (b) Goals.--The goals of the program established under subsection 
(a) are--
            (1) to demonstrate--
                    (A) potential benefits of concentrated investments 
                in smart city or community technologies relating to 
                public safety that are repeatable and scalable; and
                    (B) the efficiency, reliability, and resilience of 
                civic infrastructure and services;
            (2) to facilitate the adoption of advanced smart city or 
        community technologies and systems; and
            (3) to demonstrate protocols and standards that allow for 
        the measurement and validation of the cost savings and 
        performance improvements associated with the installation and 
        use of smart city or community technologies and practices.
    (c) Demonstration Projects.--
            (1) Eligibility.--Subject to paragraph (2), a unit of local 
        government shall be eligible to receive a grant for a 
        demonstration project under this section.
            (2) Cooperation.--To qualify for a demonstration project 
        under this section, a unit of local government shall agree to 
        follow applicable best practices identified by the Secretary of 
        Commerce and the Secretary of Energy, in consultation with 
        industry entities, to evaluate the effectiveness of the 
        implemented smart city or community technologies to ensure 
        that--
                    (A) technologies and interoperability can be 
                assessed;
                    (B) best practices can be shared; and
                    (C) data can be shared in a public, interoperable, 
                and transparent format.
            (3) Federal share of cost of technology investments.--The 
        Secretary of Commerce--
                    (A) subject to subparagraph (B), shall provide to a 
                unit of local government selected under this section 
                for the conduct of a demonstration project a grant in 
                an amount equal to not more than 50 percent of the 
                total cost of technology investments to incorporate and 
                assess smart city or community technologies in the 
                applicable jurisdiction; but
                    (B) may waive the cost-share requirement of 
                subparagraph (A) as the Secretary determines to be 
                appropriate.
    (d) Requirement.--In conducting demonstration projects under this 
section, the Secretary shall--
            (1) develop competitive, technology-neutral requirements;
            (2) seek to leverage ongoing or existing civic 
        infrastructure investments; and
            (3) take into consideration the non-Federal cost share as a 
        competitive criterion in applicant selection in order to 
        leverage non-Federal investment.
    (e) Public Availability of Data and Reports.--The Secretary of 
Commerce shall ensure that reports, public data sets, schematics, 
diagrams, and other works created using a grant provided under this 
section are--
            (1) available on a royalty-free, non-exclusive basis; and
            (2) open to the public to reproduce, publish, or otherwise 
        use, without cost.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (c) $100,000,000 for each of 
fiscal years 2021 through 2025.

SEC. 33144. SMART CITY OR COMMUNITY.

    (a) In General.--In this chapter, the term ``smart city or 
community'' means a community in which innovative, advanced, and 
trustworthy information and communication technologies and related 
mechanisms are applied--
            (1) to improve the quality of life for residents;
            (2) to increase the efficiency and cost effectiveness of 
        civic operations and services;
            (3) to promote economic growth; and
            (4) to create a community that is safer and more secure, 
        sustainable, resilient, livable, and workable.
    (b) Inclusions.--The term ``smart city or community'' includes a 
local jurisdiction that--
            (1) gathers and incorporates data from systems, devices, 
        and sensors embedded in civic systems and infrastructure to 
        improve the effectiveness and efficiency of civic operations 
        and services;
            (2) aggregates and analyzes gathered data;
            (3) communicates the analysis and data in a variety of 
        formats;
            (4) makes corresponding improvements to civic systems and 
        services based on gathered data; and
            (5) integrates measures--
                    (A) to ensure the resilience of civic systems 
                against cybersecurity threats and physical and social 
                vulnerabilities and breaches;
                    (B) to protect the private data of residents; and
                    (C) to measure the impact of smart city or 
                community technologies on the effectiveness and 
                efficiency of civic operations and services.

SEC. 33145. CLEAN CITIES COALITION PROGRAM.

    (a) In General.--The Secretary shall carry out a program to be 
known as the Clean Cities Coalition Program.
    (b) Program Elements.--In carrying out the program under subsection 
(a), the Secretary shall--
            (1) establish criteria for designating local and regional 
        Clean Cities Coalitions;
            (2) designate local and regional Clean Cities Coalitions 
        that the Secretary determines meet the criteria established 
        under paragraph (1);
            (3) make awards to each designated Clean Cities Coalition 
        for administrative and program expenses of the coalition;
            (4) make competitive awards to designated Clean Cities 
        Coalitions for projects and activities described in subsection 
        (c);
            (5) provide technical assistance and training to designated 
        Clean Cities Coalitions;
            (6) provide opportunities for communication and sharing of 
        best practices among designated Clean Cities Coalitions; and
            (7) maintain, and make available to the public, a 
        centralized database of information included in the reports 
        submitted under subsection (d).
    (c) Projects and Activities.--Projects and activities eligible for 
awards under subsection (b)(4) are projects and activities that reduce 
petroleum consumption, improve air quality, promote energy and economic 
security, and encourage deployment of a diverse, domestic supply of 
alternative fuels in the transportation sector by--
            (1) encouraging the purchase and use of alternative fuel 
        vehicles and alternative fuels, including by fleet managers;
            (2) expediting the establishment of local, regional, and 
        national infrastructure to fuel alternative fuel vehicles;
            (3) advancing the use of other petroleum fuel reduction 
        technologies and strategies;
            (4) conducting outreach and education activities to advance 
        the use of alternative fuels and alternative fuel vehicles;
            (5) providing training and technical assistance and tools 
        to users that adopt petroleum fuel reduction technologies; or
            (6) collaborating with and training officials and first 
        responders with responsibility for permitting and enforcing 
        fire, building, and other safety codes related to the 
        deployment and use of alternative fuels or alternative fuel 
        vehicles.
    (d) Annual Report.--Each designated Clean Cities Coalition shall 
submit an annual report to the Secretary on the activities and 
accomplishments of the coalition.
    (e) Definitions.--In this section:
            (1) Alternative fuel.--The term ``alternative fuel'' has 
        the meaning given such term in section 32901 of title 49, 
        United States Code.
            (2) Alternative fuel vehicle.--The term ``alternative fuel 
        vehicle'' means any vehicle that is capable of operating, 
        partially or exclusively, on an alternative fuel.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (f) Funding.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this section--
                    (A) $50,000,000 for fiscal year 2021;
                    (B) $60,000,000 for fiscal year 2022;
                    (C) $75,000,000 for fiscal year 2023;
                    (D) $90,000,000 for fiscal year 2024; and
                    (E) $100,000,000 for fiscal year 2025.
            (2) Allocations.--The Secretary shall allocate funds made 
        available to carry out this section in each fiscal year as 
        follows:
                    (A) Thirty percent of such funds shall be 
                distributed as awards under subsection (b)(3).
                    (B) Fifty percent of such funds shall be 
                distributed as competitive awards under subsection 
                (b)(4).
                    (C) Twenty percent of such funds shall be used to 
                carry out the duties of the Secretary under this 
                section.

                         CHAPTER 6--BROWNFIELDS

SEC. 33151. BROWNFIELDS FUNDING.

    (a) Authorization of Appropriations.--Section 104(k)(13) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(k)(13)) is amended to read as follows:
            ``(13) Authorization of appropriations.--There are 
        authorized to be appropriated to carry out this subsection--
                    ``(A) $350,000,000 for fiscal year 2021;
                    ``(B) $400,000,000 for fiscal year 2022;
                    ``(C) $450,000,000 for fiscal year 2023;
                    ``(D) $500,000,000 for fiscal year 2024; and
                    ``(E) $550,000,000 for fiscal year 2025.''.
    (b) State Response Programs.--Section 128(a)(3) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9628(a)(3)) is amended to read as follows:
            ``(3) Funding.--There are authorized to be appropriated to 
        carry out this subsection--
                    ``(A) $70,000,000 for fiscal year 2021;
                    ``(B) $80,000,000 for fiscal year 2022;
                    ``(C) $90,000,000 for fiscal year 2023;
                    ``(D) $100,000,000 for fiscal year 2024; and
                    ``(E) $110,000,000 for fiscal year 2025.''.

                        CHAPTER 7--INDIAN ENERGY

SEC. 33161. INDIAN ENERGY.

    (a) Definition of Indian Land.--Section 2601(2) of the Energy 
Policy Act of 1992 (25 U.S.C. 3501(2)) is amended--
            (1) in subparagraph (B)(iii), by striking ``and'';
            (2) in subparagraph (C), by striking ``land.'' and 
        inserting ``land; and''; and
            (3) by adding at the end the following subparagraph:
                    ``(D) any land in a census tract in which the 
                majority of the residents are Natives (as defined in 
                section 3(b) of the Alaska Native Claims Settlement Act 
                (43 U.S.C. 1602(b))).''.
    (b) Reduction of Cost Share.--Section 2602(b)(5) of the Energy 
Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended by adding at the 
end the following subparagraph:
            ``(D) The Director may reduce any applicable cost share 
        required of an Indian tribe, intertribal organization, or 
        tribal energy development organization in order to receive a 
        grant under this subsection to not less than 10 percent if the 
        Indian tribe, intertribal organization, or tribal energy 
        development organization meets criteria developed by the 
        Director, including financial need.
            ``(E) Section 988 of the Energy Policy Act of 2005 (42 
        U.S.C. 16352) shall not apply to grants provided under this 
        subsection.''.
    (c) Authorization.--Section 2602(b)(7) of the Energy Policy Act of 
1992 (25 U.S.C. 3502(b)(7)) is amended by striking ``$20,000,000 for 
each of fiscal years 2006 through 2016'' and inserting ``$50,000,000 
for each of fiscal years 2021 through 2025''.

SEC. 33162. REPORT ON ELECTRICITY ACCESS AND RELIABILITY.

    (a) Assessment.--The Secretary of Energy shall conduct an 
assessment of the status of access to electricity by households 
residing in Tribal communities or on Indian land, and the reliability 
of electric service available to households residing in Tribal 
communities or on Indian land, as compared to the status of access to 
and reliability of electricity within neighboring States or within the 
State in which Indian land is located.
    (b) Consultation.--The Secretary of Energy shall consult with 
Indian Tribes, Tribal organizations, the North American Electricity 
Reliability Corporation, and the Federal Energy Regulatory Commission 
in the development and conduct of the assessment under subsection (a). 
Indian Tribes and Tribal organizations shall have the opportunity to 
review and make recommendations regarding the development of the 
assessment and the findings of the assessment, prior to the submission 
of the report under subsection (c).
    (c) Report.--Not later than 18 months after the date of enactment 
of this Act, the Secretary of Energy shall submit to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Energy and Natural Resources of the Senate a report on the results 
of the assessment conducted under subsection (a), which shall include--
            (1) a description of generation, transmission, and 
        distribution assets available to provide electricity to 
        households residing in Tribal communities or on Indian land;
            (2) a survey of the retail and wholesale prices of 
        electricity available to households residing in Tribal 
        communities or on Indian land;
            (3) a description of participation of Tribal members in the 
        electric utility workforce, including the workforce for 
        construction and maintenance of renewable energy resources and 
        distributed energy resources;
            (4) the percentage of households residing in Tribal 
        communities or on Indian land that do not have access to 
        electricity;
            (5) the potential of distributed energy resources to 
        provide electricity to households residing in Tribal 
        communities or on Indian land;
            (6) the potential for tribally-owned electric utilities or 
        electric utility assets to participate in or benefit from 
        regional electricity markets;
            (7) a description of the barriers to providing access to 
        electric service to households residing in Tribal communities 
        or on Indian land; and
            (8) recommendations to improve access to and reliability of 
        electric service for households residing in Tribal communities 
        or on Indian land.
    (d) Definitions.--In this section:
            (1) Tribal member.--The term ``Tribal member'' means a 
        person who is an enrolled member of a federally recognized 
        Tribe or village.
            (2) Tribal community.--The term ``Tribal community'' means 
        a community in a United States census tract in which the 
        majority of residents are persons who are enrolled members of a 
        federally recognized Tribe or village.

                  CHAPTER 8--HYDROPOWER AND DAM SAFETY

SEC. 33171. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY 
              IMPROVEMENTS.

    (a) Hydroelectric Production Incentives.--Section 242 of the Energy 
Policy Act of 2005 (42 U.S.C. 15881) is amended--
            (1) in subsection (b), by striking paragraph (1) and 
        inserting the following:
            ``(1) Qualified hydroelectric facility.--The term 
        `qualified hydroelectric facility' means a turbine or other 
        generating device owned or solely operated by a non-Federal 
        entity--
                    ``(A) that generates hydroelectric energy for sale; 
                and
                    ``(B)(i) that is added to an existing dam or 
                conduit; or
                    ``(ii)(I) that has a generating capacity of not 
                more than 10 megawatts;
                    ``(II) for which the non-Federal entity has 
                received a construction authorization from the Federal 
                Energy Regulatory Commission, if applicable; and
                    ``(III) that is constructed in a region in which 
                there is inadequate electric service, as determined by 
                the Secretary.'';
            (2) in subsection (c), by striking ``10'' and inserting 
        ``22'';
            (3) in subsection (e)(2), by striking ``section 
        29(d)(2)(B)'' and inserting ``section 45K(d)(2)(B)'';
            (4) in subsection (f), by striking ``20'' and inserting 
        ``32''; and
            (5) in subsection (g), by striking ``each of the fiscal 
        years 2006 through 2015'' and inserting ``each of fiscal years 
        2019 through 2036''.
    (b) Hydroelectric Efficiency Improvement.--Section 243(c) of the 
Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended by striking 
``each of the fiscal years 2006 through 2015'' and inserting ``each of 
fiscal years 2019 through 2036''.

SEC. 33172. FERC BRIEFING ON EDENVILLE DAM AND SANFORD DAM FAILURES.

    Not later than 90 days after the date on which the Forensic 
Investigation Team submits to the Federal Energy Regulatory Commission 
the reports on the root causes, and any other contributing causes, of 
the Edenville Dam and Sanford Dam failures, the Federal Energy 
Regulatory Commission shall conduct a briefing for, and submit a report 
summarizing such briefing to, the Committee on Energy and Commerce of 
the House of Representatives that includes--
            (1) an explanation of the findings of the Forensic 
        Investigation Team reports on the root causes, and any other 
        contributing causes, of the Edenville Dam and Sanford Dam 
        failures;
            (2) a determination of whether the dam safety procedures of 
        the Federal Energy Regulatory Commission should be revised in 
        light of the lessons learned from such reports;
            (3) a determination of whether additional safety 
        inspections of dams should be required after large storms;
            (4) a determination of whether the safety requirements and 
        testing protocols for dams adequately account for the projected 
        effects of climate change and atmospheric rivers on dams; and
            (5) a determination of whether additional actions should be 
        taken to ensure the safety of dams that operate without an 
        emergency spillway.

SEC. 33173. DAM SAFETY CONDITIONS.

    Section 10 of the Federal Power Act (16 U.S.C. 803) is amended by 
adding at the end the following:
    ``(k) That the dam and other project works meet the Commission's 
dam safety requirements and that the licensee shall continue to manage, 
operate, and maintain the dam and other project works in a manner that 
ensures dam safety and public safety under the operating conditions of 
the license.''.

SEC. 33174. DAM SAFETY REQUIREMENTS.

    Section 15 of the Federal Power Act (16 U.S.C. 808) is amended by 
adding at the end the following:
    ``(g) The Commission may issue a new license under this section 
only if the Commission determines that the dam and other project works 
covered by the license meet the Commission's dam safety requirements 
and that the licensee can continue to manage, operate, and maintain the 
dam and other project works in a manner that ensures dam safety and 
public safety under the operating conditions of the new license.''.

SEC. 33175. VIABILITY PROCEDURES.

    The Federal Energy Regulatory Commission shall establish procedures 
to assess the financial viability of an applicant for a license under 
the Federal Power Act to meet applicable dam safety requirements and to 
operate the dam and project works under the license.

SEC. 33176. FERC DAM SAFETY TECHNICAL CONFERENCE WITH STATES.

    (a) Technical Conference.--Not later than April 1, 2021, the 
Federal Energy Regulatory Commission, acting through the Office of 
Energy Projects, shall hold a technical conference with the States to 
discuss and provide information on--
            (1) dam maintenance and repair;
            (2) Risk Informed Decision Making (RIDM);
            (3) climate and hydrological regional changes that may 
        affect the structural integrity of dams; and
            (4) high hazard dams.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000 for fiscal year 2021.
    (c) State Defined.--In this section, the term ``State'' has the 
meaning given such term in section 3 of the Federal Power Act (16 
U.S.C. 796).

SEC. 33177. REQUIRED DAM SAFETY COMMUNICATIONS BETWEEN FERC AND STATES.

    (a) In General.--The Commission, acting through the Office of 
Energy Projects, shall notify a State within which a project is located 
when--
            (1) the Commission issues a finding, following a dam safety 
        inspection, that requires the licensee for such project to take 
        actions to repair the dam and other project works that are the 
        subject of such finding;
            (2) after a period of 5 years starting on the date a 
        finding under paragraph (1) is issued, the licensee has failed 
        to take actions to repair the dam and other project works, as 
        required by such finding; and
            (3) the Commission initiates a non-compliance proceeding or 
        otherwise takes steps to revoke a license issued under section 
        4 of the Federal Power Act (16 U.S.C. 797) due to the failure 
        of a licensee to take actions to repair a dam and other project 
        works.
    (b) Notice Upon Revocation, Surrender, or Implied Surrender of a 
License.--If the Commission issues an order to revoke a license or 
approve the surrender or implied surrender of a license under the 
Federal Power Act (16 U.S.C. 792 et seq.), the Commission shall provide 
to the State within which the project that relates to such license is 
located--
            (1) all records pertaining to the structure and operation 
        of the applicable dam and other project works, including, as 
        applicable, any dam safety inspection reports by independent 
        consultants, specifications for required repairs or maintenance 
        of such dam and other project works that have not been 
        completed, and estimates of the costs for such repairs or 
        maintenance;
            (2) all records documenting the history of maintenance or 
        repair work for the applicable dam and other project works;
            (3) information on the age of the dam and other project 
        works and the hazard classification of the dam and other 
        project works;
            (4) the most recent assessment of the condition of the dam 
        and other project works by the Commission;
            (5) as applicable, the most recent hydrologic information 
        used to determine the potential maximum flood for the dam and 
        other project works; and
            (6) the results of the most recent risk assessment 
        completed on the dam and other project works.
    (c) Definition.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal 
        Energy Regulatory Commission.
            (2) Licensee.--The term ``licensee'' has the meaning given 
        such term in section 3 of the Federal Power Act (16 U.S.C. 
        796).
            (3) Project.--The term ``project'' has the meaning given 
        such term in section 3 of the Federal Power Act (16 U.S.C. 
        796).

SEC. 33178. CONSIDERATION OF INVASIVE SPECIES.

    Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by 
inserting ``In prescribing a fishway, the Secretary of Commerce or the 
Secretary of the Interior, as appropriate, shall consider the threat of 
invasive species.'' before ``The license applicant and any party to the 
proceeding shall be entitled to a determination on the record,''.

                 CHAPTER 9--LOAN PROGRAM OFFICE REFORM

SEC. 33181. LOAN PROGRAM OFFICE TITLE XVII REFORM.

    (a) Terms and Conditions.--Section 1702 of the Energy Policy Act of 
2005 (42 U.S.C. 16512) is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        cost of a guarantee shall be paid by the Secretary using an 
        appropriation made for the cost of the guarantee, subject to 
        the availability of such an appropriation.
            ``(2) Insufficient appropriations.--If sufficient 
        appropriated funds to pay the cost of a guarantee are not 
        available, then the guarantee shall not be made unless--
                    ``(A) the Secretary has received from the borrower 
                a payment in full for the cost of the guarantee and 
                deposited the payment into the Treasury; or
                    ``(B) a combination of one or more appropriations 
                and one or more payments from the borrower under this 
                subsection has been made that is sufficient to cover 
                the cost of the guarantee.'';
            (2) in subsection (h)(1), by striking ``charge and collect 
        fees'' and inserting ``charge, and collect at the financial 
        close of the obligation, fees''; and
            (3) by adding at the end the following:
    ``(l) Application Status.--
            ``(1) Request.--If the Secretary does not make a final 
        decision on an application for a guarantee under this section 
        by the date that is 270 days after receipt of the application 
        by the Secretary, on that date and every 90 days thereafter 
        until the final decision is made, the applicant may request 
        that the Secretary provide to the applicant a description of 
        the status of the application.
            ``(2) Response.--Not later than 10 days after receiving a 
        request from an applicant under paragraph (1), the Secretary 
        shall provide to the applicant a response that includes--
                    ``(A) a summary of any factors that are delaying a 
                final decision on the application; and
                    ``(B) an estimate of when review of the application 
                will be completed.''.
    (b) Project Eligibility Expansion.--Section 1703 of the Energy 
Policy Act of 2005 (42 U.S.C. 16513) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, utilize'' 
                after ``reduce''; and
                    (B) in paragraph (2), by striking ``.'' and 
                inserting the following: ``which may include--
                    ``(A) a system of technologies that combine 
                existing technologies in an innovative manner;
                    ``(B) projects containing elements of commercial 
                technologies in combination with new or significantly 
                improved technologies; or
                    ``(C) projects that incorporate new and innovative 
                platform technologies developed outside the energy 
                sector that enable modernization of existing energy 
                infrastructure and systems.'';
            (2) in subsection (b)--
                    (A) in paragraph (5)--
                            (i) by adding ``, utilization,'' after 
                        ``capture''; and
                            (ii) by inserting ``and technologies that 
                        capture greenhouse gases already airborne'' 
                        after ``sequester carbon''; and
                    (B) by adding at the end the following:
            ``(11) Energy storage technologies, including battery 
        storage technologies, for residential, industrial, and 
        transportation applications.
            ``(12) Technologies and systems for reducing high global 
        warming potential pollutants, including methane leakage from 
        natural gas transmission and distribution infrastructure.
            ``(13) Manufacturing and deployment of nuclear supply 
        components for advanced nuclear reactors.
            ``(14) System-level energy management solutions.
            ``(15) Application of platform technologies, including data 
        analytics, artificial intelligence, and other software to 
        improve the energy efficiency and effectiveness of energy 
        infrastructure, including electric grid operations.
            ``(16) Energy-water use efficiency in water resources 
        infrastructure and water-using technologies.
            ``(17) Innovative technologies for improving the resilience 
        or reliability of existing energy infrastructure.''; and
            (3) by adding at the end the following:
    ``(f) Regional Variation.--The Secretary shall account for regional 
variation in commercial technology deployment such that no project 
shall be ineligible for assistance under this title because a similar 
project exists in a different region than the proposed project.''.
    (c) State Loan Eligibility.--
            (1) Definitions.--Section 1701 of the Energy Policy Act of 
        2005 (42 U.S.C. 16511) is amended by adding at the end the 
        following:
            ``(6) State.--The term `State' has the meaning given the 
        term in section 202 of the Energy Conservation and Production 
        Act (42 U.S.C. 6802).
            ``(7) State energy financing institution.--
                    ``(A) In general.--The term `State energy financing 
                institution' means a quasi-independent entity or an 
                entity within a State agency or financing authority 
                established by a State--
                            ``(i) to provide financing support or 
                        credit enhancements, including loan guarantees 
                        and loan loss reserves, for eligible projects; 
                        and
                            ``(ii) to create liquid markets for 
                        eligible projects, including warehousing and 
                        securitization, or take other steps to reduce 
                        financial barriers to the deployment of 
                        existing and new eligible projects.
                    ``(B) Inclusion.--The term `State energy financing 
                institution' includes an entity or organization 
                established to achieve the purposes described in 
                clauses (i) and (ii) of subparagraph (A) by an Indian 
                tribal entity or an Alaska Native Corporation.''.
            (2) Eligibility.--Section 1702 of the Energy Policy Act of 
        2005 (42 U.S.C. 16512) is amended--
                    (A) in subsection (a), by inserting ``, including 
                projects receiving financial support or credit 
                enhancements from a State energy financing 
                institution,'' after ``for projects'';
                    (B) in subsection (d)(1), by inserting ``, 
                including a guarantee for a project receiving financial 
                support or credit enhancements from a State energy 
                financing institution,'' after ``No guarantee''; and
                    (C) by adding at the end the following:
    ``(m) State Energy Financing Institutions.--
            ``(1) Eligibility.--To be eligible for a guarantee under 
        this title, a project receiving financial support or credit 
        enhancements from a State energy financing institution--
                    ``(A) shall meet the requirements of section 
                1703(a)(1); and
                    ``(B) shall not be required to meet the 
                requirements of section 1703(a)(2).
            ``(2) Partnerships authorized.--In carrying out a project 
        receiving a guarantee under this title, State energy financing 
        institutions may enter into partnerships with private entities, 
        Tribal entities, and Alaska Native corporations.''.

             CHAPTER 10--CLIMATE ACTION PLANNING FOR PORTS

SEC. 33191. GRANTS TO REDUCE GREENHOUSE GAS EMISSIONS AT PORTS.

    (a) Grants.--The Administrator of the Environmental Protection 
Agency may award grants to eligible entities--
            (1) to implement plans to reduce greenhouse gas emissions 
        at one or more ports or port facilities within the 
        jurisdictions of the respective eligible entities; and
            (2) to develop climate action plans described in subsection 
        (b)(2).
    (b) Application.--
            (1) In general.--To seek a grant under this section, an 
        eligible entity shall submit an application to the 
        Administrator of the Environmental Protection Agency at such 
        time, in such manner, and containing such information and 
        assurances as the Administrator may require.
            (2) Climate action plan.--At a minimum, each such 
        application shall contain--
                    (A) a detailed and strategic plan, to be known as a 
                climate action plan, that outlines how the eligible 
                entity will develop and implement climate change 
                mitigation or adaptation measures through the grant; or
                    (B) a request pursuant to subsection (a)(2) for 
                funding for the development of a climate action plan.
            (3) Required components.--A climate action plan under 
        paragraph (2) shall demonstrate that the measures proposed to 
        be implemented through the grant--
                    (A) will reduce greenhouse gas emissions at the 
                port or port facilities involved pursuant to greenhouse 
                gas emission reduction goals set forth in the climate 
                action plan;
                    (B) will reduce other air pollutants at the port or 
                port facilities involved pursuant to criteria pollutant 
                emission reduction goals set forth in the climate 
                action plan;
                    (C) will implement emissions accounting and 
                inventory practices to determine baseline emissions and 
                measure progress; and
                    (D) will ensure labor protections for workers 
                employed directly at the port or port facilities 
                involved, including by--
                            (i) demonstrating that implementation of 
                        the measures proposed to be implemented through 
                        the grant will not result in a net loss of jobs 
                        at the port or port facilities involved;
                            (ii) ensuring that laborers and mechanics 
                        employed by contractors and subcontractors on 
                        construction projects to implement the plan 
                        will be paid wages not less than those 
                        prevailing on similar construction in the 
                        locality, as determined by the Secretary of 
                        Labor under sections 3141 through 3144, 3146, 
                        and 3147 of title 40, United States Code; and
                            (iii) requiring any projects initiated to 
                        carry out the plan with total capital costs of 
                        $1,000,000 or greater to utilize a project 
                        labor agreement and not impact any preexisting 
                        project labor agreement.
            (4) Other components.--In addition to the components 
        required by paragraph (3), a climate action plan under 
        paragraph (2) shall demonstrate that the measures proposed to 
        be implemented through the grant will do at least two of the 
        following:
                    (A) Improve energy efficiency at a port or port 
                facility, including by using--
                            (i) energy-efficient vehicles, such as 
                        hybrid, low-emission, or zero-emission 
                        vehicles;
                            (ii) energy efficient cargo-handling, 
                        harbor vessels, or storage facilities such as 
                        energy-efficient refrigeration equipment;
                            (iii) energy-efficient lighting;
                            (iv) shore power; or
                            (v) other energy efficiency improvements.
                    (B) Deploy technology or processes that reduce 
                idling of vehicles at a port or port facility.
                    (C) Reduce the direct emissions of greenhouse gases 
                and other air pollutants with a goal of achieving zero 
                emissions, including by replacing and retrofitting 
                equipment (including vehicles onsite, cargo-handling 
                equipment, or harbor vessels) at a port or port 
                facility.
            (5) Prohibited use.--An eligible entity may not use a grant 
        provided under this section--
                    (A) to purchase fully automated cargo handling 
                equipment;
                    (B) to build, or plan to build, terminal 
                infrastructure that is designed for fully automated 
                cargo handling equipment;
                    (C) to purchase, test, or develop highly automated 
                trucks, chassis, or any related equipment that can be 
                used to transport containerized freight; or
                    (D) to utilize any independent contractor, 
                independent owner-operator, or other entity that does 
                not use employees to perform any work on the port or 
                port facilities.
            (6) Coordination with stakeholders.--In developing a 
        climate action plan under paragraph (2), an eligible entity 
        shall--
                    (A) identify and collaborate with stakeholders who 
                may be affected by the plan, including local 
                environmental justice communities and other near-port 
                communities;
                    (B) address the potential cumulative effects of the 
                plan on stakeholders when those effects may have a 
                community-level impact; and
                    (C) ensure effective advance communication with 
                stakeholders to avoid and minimize conflicts.
    (c) Priority.--In awarding grants under this section, the 
Administrator of the Environmental Protection Agency shall give 
priority to applicants proposing--
            (1) to strive for zero emissions as a key strategy within 
        the grantee's climate action plan under paragraph (2);
            (2) to take a regional approach to reducing greenhouse gas 
        emissions at ports;
            (3) to collaborate with near-port communities to identify 
        and implement mutual solutions to reduce air pollutants at 
        ports or port facilities affecting such communities, with 
        emphasis given to implementation of such solutions in near-port 
        communities that are environmental justice communities;
            (4) to implement activities with off-site benefits, such as 
        by reducing air pollutants from vehicles, equipment, and 
        vessels at sites other than the port or port facilities 
        involved; and
            (5) to reduce localized health risk pursuant to health risk 
        reduction goals that are set within the grantee's climate 
        action plan under paragraph (2).
    (d) Model Methodologies.--The Administrator of the Environmental 
Protection Agency shall--
            (1) develop model methodologies which grantees under this 
        section may choose to use for emissions accounting and 
        inventory practices referred to in subsection (b)(3)(C); and
            (2) ensure that such methodologies are designed to measure 
        progress in reducing air pollution at near-port communities.
    (e) Definitions.--In this section:
            (1) The term ``Administrator'' means the Administrator of 
        the Environmental Protection Agency.
            (2) The term ``cargo-handling equipment'' includes--
                    (A) ship-to-shore container cranes and other 
                cranes;
                    (B) container-handling equipment; and
                    (C) equipment for moving or handling cargo, 
                including trucks, reachstackers, toploaders, and 
                forklifts.
            (3) The term ``eligible entity'' means--
                    (A) a port authority;
                    (B) a State, regional, local, or Tribal agency that 
                has jurisdiction over a port authority or a port;
                    (C) an air pollution control district; or
                    (D) a private entity (including any nonprofit 
                organization) that--
                            (i) applies for a grant under this section 
                        in collaboration with an entity described in 
                        subparagraph (A), (B), or (C) ; and
                            (ii) owns, operates, or uses a port 
                        facility, cargo equipment, transportation 
                        equipment, related technology, or a warehouse 
                        facility at a port or port facility.
            (4) The term ``environmental justice community'' means a 
        community with significant representation of communities of 
        color, low-income communities, or Tribal and indigenous 
        communities, that experiences, or is at risk of experiencing, 
        higher or more adverse human health or environmental effects.
            (5) The term ``harbor vessel'' includes a ship, boat, 
        lighter, or maritime vessel designed for service at and around 
        harbors and ports.
            (6) The term ``inland port'' means a logistics or 
        distribution hub that is located inland from navigable waters, 
        where cargo, such as break-bulk cargo or cargo in shipping 
        containers, is processed, stored, and transferred between 
        trucks, rail cars, or aircraft.
            (7) The term ``port'' includes an inland port.
            (8) The term ``stakeholder'' means residents, community 
        groups, businesses, business owners, labor unions, commission 
        members, or groups from which a near-port community draws its 
        resources that--
                    (A) have interest in the climate action plan of a 
                grantee under this section; or
                    (B) can affect or be affected by the objectives and 
                policies of such a climate action plan.
    (f) Authorization of Appropriations.--
            (1) In general.--To carry out this section, there is 
        authorized to be appropriated $250,000,000 for each of fiscal 
        years 2021 through 2025.
            (2) Development of climate action plans.--In addition to 
        the authorization of appropriations in paragraph (1), there is 
        authorized to be appropriated for grants pursuant to subsection 
        (a)(2) to develop climate action plans $50,000,000 for fiscal 
        year 2021, to remain available until expended.

        CHAPTER 11--CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR

SEC. 33192. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR.

    Title XVI of the Energy Policy Act of 2005 (Public Law 109-58, as 
amended) is amended by adding at the end the following new subtitle:

       ``Subtitle C--Clean Energy and Sustainability Accelerator

``SEC. 1621. DEFINITIONS.

    ``In this subtitle:
            ``(1) Accelerator.--The term `Accelerator' means the Clean 
        Energy and Sustainability Accelerator established under section 
        1622.
            ``(2) Board.--The term `Board' means the Board of Directors 
        of the Accelerator.
            ``(3) Chief executive officer.--The term `chief executive 
        officer' means the chief executive officer of the Accelerator.
            ``(4) Climate-impacted communities.--The term `climate-
        impacted communities' includes--
                    ``(A) communities of color, which include any 
                geographically distinct area the population of color of 
                which is higher than the average population of color of 
                the State in which the community is located;
                    ``(B) communities that are already or are likely to 
                be the first communities to feel the direct negative 
                effects of climate change;
                    ``(C) distressed neighborhoods, demonstrated by 
                indicators of need, including poverty, childhood 
                obesity rates, academic failure, and rates of juvenile 
                delinquency, adjudication, or incarceration;
                    ``(D) low-income communities, defined as any census 
                block group in which 30 percent or more of the 
                population are individuals with low income;
                    ``(E) low-income households, defined as a household 
                with annual income equal to, or less than, the greater 
                of--
                            ``(i) an amount equal to 80 percent of the 
                        median income of the area in which the 
                        household is located, as reported by the 
                        Department of Housing and Urban Development; 
                        and
                            ``(ii) 200 percent of the Federal poverty 
                        line; and
                    ``(F) rural areas, which include any area other 
                than--
                            ``(i) a city or town that has a population 
                        of greater than 50,000 inhabitants; and
                            ``(ii) any urbanized area contiguous and 
                        adjacent to a city or town described in clause 
                        (i).
            ``(5) Climate resilient infrastructure.--The term `climate 
        resilient infrastructure' means any project that builds or 
        enhances infrastructure so that such infrastructure--
                    ``(A) is planned, designed, and operated in a way 
                that anticipates, prepares for, and adapts to changing 
                climate conditions; and
                    ``(B) can withstand, respond to, and recover 
                rapidly from disruptions caused by these climate 
                conditions.
            ``(6) Electrification.--The term `electrification' means 
        the installation, construction, or use of end-use electric 
        technology that replaces existing fossil-fuel-based technology.
            ``(7) Energy efficiency.--The term `energy efficiency' 
        means any project, technology, function, or measure that 
        results in the reduction of energy use required to achieve the 
        same level of service or output prior to the application of 
        such project, technology, function, or measure, or 
        substantially reduces greenhouse gas emissions relative to 
        emissions that would have occurred prior to the application of 
        such project, technology, function, or measure.
            ``(8) Fuel switching.--The term `fuel switching' means any 
        project that replaces a fossil-fuel-based heating system with 
        an electric-powered system or one powered by biomass-generated 
        heat.
            ``(9) Green bank.--The term `green bank' means a dedicated 
        public or nonprofit specialized finance entity that--
                    ``(A) is designed to drive private capital into 
                market gaps for low- and zero-emission goods and 
                services;
                    ``(B) uses finance tools to mitigate climate 
                change;
                    ``(C) does not take deposits;
                    ``(D) is funded by government, public, private, or 
                charitable contributions; and
                    ``(E) invests or finances projects--
                            ``(i) alone; or
                            ``(ii) in conjunction with other investors.
            ``(10) Qualified projects.--The terms `qualified projects' 
        means the following kinds of technologies and activities that 
        are eligible for financing and investment from the Clean Energy 
        and Sustainability Accelerator, either directly or through 
        State and local green banks funded by the Clean Energy and 
        Sustainability Accelerator:
                    ``(A) Renewable energy generation, including the 
                following:
                            ``(i) Solar.
                            ``(ii) Wind.
                            ``(iii) Geothermal.
                            ``(iv) Hydropower.
                            ``(v) Ocean and hydrokinetic.
                            ``(vi) Fuel cell.
                    ``(B) Building energy efficiency, fuel switching, 
                and electrification.
                    ``(C) Industrial decarbonization.
                    ``(D) Grid technology such as transmission, 
                distribution, and storage to support clean energy 
                distribution, including smart-grid applications.
                    ``(E) Agriculture and forestry projects that reduce 
                net greenhouse gas emissions.
                    ``(F) Clean transportation, including the 
                following:
                            ``(i) Battery electric vehicles.
                            ``(ii) Plug-in hybrid electric vehicles.
                            ``(iii) Hydrogen vehicles.
                            ``(iv) Other zero-emissions fueled 
                        vehicles.
                            ``(v) Related vehicle charging and fueling 
                        infrastructure.
                    ``(G) Climate resilient infrastructure.
                    ``(H) Any other key areas identified by the Board 
                as consistent with the mandate of the Accelerator as 
                described in section 1623.
            ``(11) Renewable energy generation.--The term `renewable 
        energy generation' means electricity created by sources that 
        are continually replenished by nature, such as the sun, wind, 
        and water.

``SEC. 1622. ESTABLISHMENT.

    ``(a) In General.--Not later than 1 year after the date of 
enactment of this subtitle, there shall be established a nonprofit 
corporation to be known as the `Clean Energy and Sustainability 
Accelerator'.
    ``(b) Limitation.--The Accelerator shall not be an agency or 
instrumentality of the Federal Government.
    ``(c) Full Faith and Credit.--The full faith and credit of the 
United States shall not extend to the Accelerator.
    ``(d) Nonprofit Status.--The Accelerator shall maintain its status 
as an organization exempt from taxation under the Internal Revenue Code 
of 1986 (26 U.S.C. 1 et seq.).

``SEC. 1623. MANDATE.

    ``The Accelerator shall make the United States a world leader in 
combating the causes and effects of climate change through the rapid 
deployment of mature technologies and scaling of new technologies by 
maximizing the reduction of emissions in the United States for every 
dollar deployed by the Accelerator, including by--
            ``(1) providing financing support for investments in the 
        United States in low- and zero-emissions technologies and 
        processes in order to rapidly accelerate market penetration;
            ``(2) catalyzing and mobilizing private capital through 
        Federal investment and supporting a more robust marketplace for 
        clean technologies, while avoiding competition with private 
        investment;
            ``(3) enabling climate-impacted communities to benefit from 
        and afford projects and investments that reduce emissions;
            ``(4) providing support for workers and communities 
        impacted by the transition to a low-carbon economy;
            ``(5) supporting the creation of green banks within the 
        United States where green banks do not exist; and
            ``(6) causing the rapid transition to a clean energy 
        economy without raising energy costs to end users and seeking 
        to lower costs where possible.

``SEC. 1624. FINANCE AND INVESTMENT DIVISION.

    ``(a) In General.--There shall be within the Accelerator a finance 
and investment division, which shall be responsible for--
            ``(1) the Accelerator's greenhouse gas emissions mitigation 
        efforts by directly financing qualifying projects or doing so 
        indirectly by providing capital to State and local green banks;
            ``(2) originating, evaluating, underwriting, and closing 
        the Accelerator's financing and investment transactions in 
        qualified projects;
            ``(3) partnering with private capital providers and capital 
        markets to attract coinvestment from private banks, investors, 
        and others in order to drive new investment into 
        underpenetrated markets, to increase the efficiency of private 
        capital markets with respect to investing in greenhouse gas 
        reduction projects, and to increase total investment caused by 
        the Accelerator;
            ``(4) managing the Accelerator's portfolio of assets to 
        ensure performance and monitor risk;
            ``(5) ensuring appropriate debt and risk mitigation 
        products are offered; and
            ``(6) overseeing prudent, noncontrolling equity 
        investments.
    ``(b) Products and Investment Types.--The finance and investment 
division of the Accelerator may provide capital to qualified projects 
in the form of--
            ``(1) senior, mezzanine, and subordinated debt;
            ``(2) credit enhancements including loan loss reserves and 
        loan guarantees;
            ``(3) aggregation and warehousing;
            ``(4) equity capital; and
            ``(5) any other financial product approved by the Board.
    ``(c) State and Local Green Bank Capitalization.--The finance and 
investment division of the Accelerator shall make capital available to 
State and local green banks to enable such banks to finance qualifying 
projects in their markets that are better served by a locally based 
entity, rather than through direct investment by the Accelerator.
    ``(d) Investment Committee.--The debt, risk mitigation, and equity 
investments made by the Accelerator shall be--
            ``(1) approved by the investment committee of the Board; 
        and
            ``(2) consistent with an investment policy that has been 
        established by the investment committee of the Board in 
        consultation with the risk management committee of the Board.

``SEC. 1625. START-UP DIVISION.

    ``There shall be within the Accelerator a Start-up Division, which 
shall be responsible for providing technical assistance and start-up 
funding to States and other political subdivisions that do not have 
green banks to establish green banks in those States and political 
subdivisions, including by working with relevant stakeholders in those 
States and political subdivisions.

``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE FINANCING 
              PROGRAM.

    ``Not later than 1 year after the date of establishment of the 
Accelerator, the Accelerator shall explore the establishment of a 
program to provide low- and zero-interest loans, up to 30 years in 
length, to any school, metropolitan planning organization, or nonprofit 
organization seeking financing for the acquisition of zero-emissions 
vehicle fleets or associated infrastructure to support zero-emissions 
vehicle fleets.

``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS.

    ``(a) Emissions Reduction Mandate.--In investing in projects that 
mitigate greenhouse gas emissions, the Accelerator shall maximize the 
reduction of emissions in the United States for every dollar deployed 
by the Accelerator.
    ``(b) Environmental Justice Prioritization.--
            ``(1) In general.--In order to address environmental 
        justice needs, the Accelerator shall, as applicable, prioritize 
        the provision of program benefits and investment activity that 
        are expected to directly or indirectly result in the deployment 
        of projects to serve, as a matter of official policy, climate-
        impacted communities.
            ``(2) Minimum percentage.--The Accelerator shall ensure 
        that over the 30-year period of its charter 20 percent of its 
        investment activity is directed to serve climate-impacted 
        communities.
    ``(c) Consumer Protection.--
            ``(1) Prioritization.--Consistent with mandate under 
        section 1623 to maximize the reduction of emissions in the 
        United States for every dollar deployed by the Accelerator, the 
        Accelerator shall prioritize qualified projects according to 
        benefits conferred on consumers and affected communities.
            ``(2) Consumer credit protection.--The Accelerator shall 
        ensure that any residential energy efficiency or distributed 
        clean energy project in which the Accelerator invests directly 
        or indirectly complies with the requirements of the Consumer 
        Credit Protection Act (15 U.S.C. 1601 et seq.), including, in 
        the case of a financial product that is a residential mortgage 
        loan, any requirements of title I of that Act relating to 
        residential mortgage loans (including any regulations 
        promulgated by the Bureau of Consumer Financial Protection 
        under section 129C(b)(3)(C) of that Act (15 U.S.C. 
        1639c(b)(3)(C))).
    ``(d) Labor.--
            ``(1) In general.--The Accelerator shall ensure that 
        laborers and mechanics employed by contractors and 
        subcontractors in construction work financed directly by the 
        Accelerator will be paid wages not less than those prevailing 
        on similar construction in the locality, as determined by the 
        Secretary of Labor under sections 3141 through 3144, 3146, and 
        3147 of title 40, United States Code.
            ``(2) Project labor agreement.--The Accelerator shall 
        ensure that projects financed directly by the Accelerator with 
        total capital costs of $100,000,000 or greater utilize a 
        project labor agreement.

``SEC. 1628. BOARD OF DIRECTORS.

    ``(a) In General.--The Accelerator shall operate under the 
direction of a Board of Directors, which shall be composed of seven 
members.
    ``(b) Initial Composition and Terms.--
            ``(1) Selection.--The initial members of the Board shall be 
        selected as follows:
                    ``(A) Appointed members.--Three members shall be 
                appointed by the President, with the advice and consent 
                of the Senate, of whom no more than two shall belong to 
                the same political party.
                    ``(B) Elected members.--Four members shall be 
                elected unanimously by the three members appointed and 
                confirmed pursuant to subparagraph (A).
            ``(2) Terms.--The terms of the initial members of the Board 
        shall be as follows:
                    ``(A) The three members appointed and confirmed 
                under paragraph (1)(A) shall have initial 5-year terms.
                    ``(B) Of the four members elected under paragraph 
                (1)(B), two shall have initial 3-year terms, and two 
                shall have initial 4-year terms.
    ``(c) Subsequent Composition and Terms.--
            ``(1) Selection.--Except for the selection of the initial 
        members of the Board for their initial terms under subsection 
        (b), the members of the Board shall be elected by the members 
        of the Board.
            ``(2) Disqualification.--A member of the Board shall be 
        disqualified from voting for any position on the Board for 
        which such member is a candidate.
            ``(3) Terms.--All members elected pursuant to paragraph (1) 
        shall have a term of 5 years.
    ``(d) Qualifications.--The members of the Board shall collectively 
have expertise in--
            ``(1) the fields of clean energy, electric utilities, 
        industrial decarbonization, clean transportation, resiliency, 
        and agriculture and forestry practices;
            ``(2) climate change science;
            ``(3) finance and investments; and
            ``(4) environmental justice and matters related to the 
        energy and environmental needs of climate-impacted communities.
    ``(e) Restriction on Membership.--No officer or employee of the 
Federal or any other level of government may be appointed or elected as 
a member of the Board.
    ``(f) Quorum.--Five members of the Board shall constitute a quorum.
    ``(g) Bylaws.--
            ``(1) In general.--The Board shall adopt, and may amend, 
        such bylaws as are necessary for the proper management and 
        functioning of the Accelerator.
            ``(2) Officers.--In the bylaws described in paragraph (1), 
        the Board shall--
                    ``(A) designate the officers of the Accelerator; 
                and
                    ``(B) prescribe the duties of those officers.
    ``(h) Vacancies.--Any vacancy on the Board shall be filled through 
election by the Board.
    ``(i) Interim Appointments.--A member elected to fill a vacancy 
occurring before the expiration of the term for which the predecessor 
of that member was appointed or elected shall serve for the remainder 
of the term for which the predecessor of that member was appointed or 
elected.
    ``(j) Reappointment.--A member of the Board may be elected for not 
more than one additional term of service as a member of the Board.
    ``(k) Continuation of Service.--A member of the Board whose term 
has expired may continue to serve on the Board until the date on which 
a successor member is elected.
    ``(l) Chief Executive Officer.--The Board shall appoint a chief 
executive officer who shall be responsible for--
            ``(1) hiring employees of the Accelerator;
            ``(2) establishing the two divisions of the Accelerator 
        described in sections 1624 and 1625; and
            ``(3) performing any other tasks necessary for the day-to-
        day operations of the Accelerator.
    ``(m) Advisory Committee.--
            ``(1) Establishment.--The Accelerator shall establish an 
        advisory committee (in this subsection referred to as the 
        `advisory committee'), which shall be composed of not more than 
        13 members appointed by the Board on the recommendation of the 
        president of the Accelerator.
            ``(2) Members.--Members of the advisory committee shall be 
        broadly representative of interests concerned with the 
        environment, production, commerce, finance, agriculture, 
        forestry, labor, services, and State Government. Of such 
        members--
                    ``(A) not fewer than three shall be representatives 
                of the small business community;
                    ``(B) not fewer than two shall be representatives 
                of the labor community, except that no two members may 
                be from the same labor union;
                    ``(C) not fewer than two shall be representatives 
                of the environmental nongovernmental organization 
                community, except that no two members may be from the 
                same environmental organization;
                    ``(D) not fewer than two shall be representatives 
                of the environmental justice nongovernmental 
                organization community, except that no two members may 
                be from the same environmental organization;
                    ``(E) not fewer than two shall be representatives 
                of the consumer protection and fair lending community, 
                except that no two members may be from the same 
                consumer protection or fair lending organization; and
                    ``(F) not fewer than two shall be representatives 
                of the financial services industry with knowledge of 
                and experience in financing transactions for clean 
                energy and other sustainable infrastructure assets.
            ``(3) Meetings.--The advisory committee shall meet not less 
        frequently than once each quarter.
            ``(4) Duties.--The advisory committee shall--
                    ``(A) advise the Accelerator on the programs 
                undertaken by the Accelerator; and
                    ``(B) submit to the Congress an annual report with 
                comments from the advisory committee on the extent to 
                which the Accelerator is meeting the mandate described 
                in section 1623, including any suggestions for 
                improvement.
    ``(n) Chief Risk Officer.--
            ``(1) Appointment.--Subject to the approval of the Board, 
        the chief executive officer shall appoint a chief risk officer 
        from among individuals with experience at a senior level in 
        financial risk management, who--
                    ``(A) shall report directly to the Board; and
                    ``(B) shall be removable only by a majority vote of 
                the Board.
            ``(2) Duties.--The chief risk officer, in coordination with 
        the risk management and audit committees established under 
        section 1631, shall develop, implement, and manage a 
        comprehensive process for identifying, assessing, monitoring, 
        and limiting risks to the Accelerator, including the overall 
        portfolio diversification of the Accelerator.

``SEC. 1629. ADMINISTRATION.

    ``(a) Capitalization.--
            ``(1) In general.--To the extent and in the amounts 
        provided in advance in appropriations Acts, the Secretary of 
        Energy shall transfer to the Accelerator--
                    ``(A) $10,000,000,000 on the date on which the 
                Accelerator is established under section 1622; and
                    ``(B) $2,000,000,000 on October 1 of each of the 5 
                fiscal years following that date.
            ``(2) Authorization of appropriations.--For purposes of the 
        transfers under paragraph (1), there are authorized to be 
        appropriated--
                    ``(A) $10,000,000,000 for the fiscal year in which 
                the Accelerator is established under section 1622; and
                    ``(B) $2,000,000,000 for each of the 5 succeeding 
                fiscal years.
    ``(b) Charter.--The Accelerator shall establish a charter, the term 
of which shall be 30 years.
    ``(c) Operational Funds.--To sustain operations, the Accelerator 
shall manage revenue from financing fees, interest, repaid loans, and 
other types of funding.
    ``(d) Report.--The Accelerator shall submit on a quarterly basis to 
the relevant committees of Congress a report that describes the 
financial activities, emissions reductions, and private capital 
mobilization metrics of the Accelerator for the previous quarter.
    ``(e) Restriction.--The Accelerator shall not accept deposits.
    ``(f) Committees.--The Board shall establish committees and 
subcommittees, including--
            ``(1) an investment committee; and
            ``(2) in accordance with section 1630--
                    ``(A) a risk management committee; and
                    ``(B) an audit committee.

``SEC. 1630. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND AUDIT 
              COMMITTEE.

    ``(a) In General.--To assist the Board in fulfilling the duties and 
responsibilities of the Board under this subtitle, the Board shall 
establish a risk management committee and an audit committee.
    ``(b) Duties and Responsibilities of Risk Management Committee.--
Subject to the direction of the Board, the risk management committee 
established under subsection (a) shall establish policies for and have 
oversight responsibility for--
            ``(1) formulating the risk management policies of the 
        operations of the Accelerator;
            ``(2) reviewing and providing guidance on operation of the 
        global risk management framework of the Accelerator;
            ``(3) developing policies for--
                    ``(A) investment;
                    ``(B) enterprise risk management;
                    ``(C) monitoring; and
                    ``(D) management of strategic, reputational, 
                regulatory, operational, developmental, environmental, 
                social, and financial risks; and
            ``(4) developing the risk profile of the Accelerator, 
        including--
                    ``(A) a risk management and compliance framework; 
                and
                    ``(B) a governance structure to support that 
                framework.
    ``(c) Duties and Responsibilities of Audit Committee.--Subject to 
the direction of the Board, the audit committee established under 
subsection (a) shall have oversight responsibility for--
            ``(1) the integrity of--
                    ``(A) the financial reporting of the Accelerator; 
                and
                    ``(B) the systems of internal controls regarding 
                finance and accounting;
            ``(2) the integrity of the financial statements of the 
        Accelerator;
            ``(3) the performance of the internal audit function of the 
        Accelerator; and
            ``(4) compliance with the legal and regulatory requirements 
        related to the finances of the Accelerator.

``SEC. 1631. OVERSIGHT.

    ``(a) External Oversight.--The inspector general of the Department 
of Energy shall have oversight responsibilities over the Accelerator.
    ``(b) Reports and Audit.--
            ``(1) Annual report.--The Accelerator shall publish an 
        annual report which shall be transmitted by the Accelerator to 
        the President and the Congress.
            ``(2) Annual audit of accounts.--The accounts of the 
        Accelerator shall be audited annually. Such audits shall be 
        conducted in accordance with generally accepted auditing 
        standards by independent certified public accountants who are 
        certified by a regulatory authority of the jurisdiction in 
        which the audit is undertaken.
            ``(3) Additional audits.--In addition to the annual audits 
        under paragraph (2), the financial transactions of the 
        Accelerator for any fiscal year during which Federal funds are 
        available to finance any portion of its operations may be 
        audited by the Government Accountability Office in accordance 
        with such rules and regulations as may be prescribed by the 
        Comptroller General of the United States.

``SEC. 1632. MAXIMUM CONTINGENT LIABILITY.

    ``The maximum contingent liability of the Accelerator that may be 
outstanding at any time shall be not more than $70,000,000,000 in the 
aggregate.''.

           CHAPTER 12--CARBON CAPTURE UTILIZATION AND STORAGE

SEC. 33193. SUPPORTING CARBON CAPTURE UTILIZATION AND STORAGE.

    (a) Repeal of Clean Coal Power Initiative.--Subtitle A of title IV 
of the Energy Policy Act of 2005 (42 U.S.C. 15961 et seq.) is repealed.
    (b) Fossil Energy Objectives.--Section 961(a) of the Energy Policy 
Act of 2005 (42 U.S.C. 16291(a)) is amended by adding at the end the 
following:
            ``(8) Improving the conversion, use, and storage of carbon 
        dioxide from fossil fuels.
            ``(9) Lowering greenhouse gas emissions across the fossil 
        fuel cycle to the maximum extent possible, including emissions 
        from all fossil fuel production, generation, delivery, and 
        utilization.
            ``(10) Preventing, predicting, monitoring, and mitigating 
        the unintended leaking of methane, carbon dioxide, and other 
        fossil fuel-related emissions into the atmosphere.
            ``(11) Reducing water use, improving water reuse, and 
        minimizing the surface and subsurface environmental impact of 
        the development of unconventional domestic oil and natural gas 
        resources.
            ``(12) Developing carbon removal and utilization 
        technologies, products, and methods that result in net 
        reductions in greenhouse gas emissions, including direct air 
        capture and storage and carbon use and reuse for commercial 
        application.''.
    (c) Carbon Capture and Utilization Technology Commercialization 
Program.--
            (1) Establishment.--The Secretary of Energy shall establish 
        a carbon capture and utilization technology commercialization 
        program to significantly improve the efficiency, effectiveness, 
        cost, and environmental performance of fossil fuel-fired 
        facilities.
            (2) Inclusions.--The program shall include funding for--
                    (A) front end engineering design studies for 
                commercial demonstration projects for at least three 
                types of advanced carbon capture technology and at 
                least one type of direct air capture technology;
                    (B) commercial demonstration of advanced carbon 
                capture technology projects intended to produce a 
                standard design specification for up to five 
                demonstrations of a particular technology type;
                    (C) commercial demonstration of direct air capture 
                technology projects intended to produce a standard 
                design specification for up to 5 demonstrations of a 
                particular technology type; and
                    (D) commercialization projects of large-scale 
                carbon dioxide storage sites in saline geological 
                formations that are designed to accept at least 
                10,000,000 tons per year of carbon dioxide, including 
                activities exploring, categorizing, and developing 
                storage sites and necessary pipeline infrastructure.
            (3) Funding.--
                    (A) Authorization of appropriations.--There are 
                authorized to be appropriated for activities--
                            (i) under paragraph (2)(A), $100,000,000 
                        for each of fiscal years 2021 through 2025, and 
                        such sums as may be necessary for fiscal years 
                        2026 through 2030;
                            (ii) under paragraph (2)(B), $1,500,000,000 
                        for each of fiscal years 2021 through 2025, and 
                        such sums as may be necessary for fiscal years 
                        2026 through 2030;
                            (iii) under paragraph (2)(C), $250,000,000 
                        for each of fiscal years 2021 through 2025, and 
                        such sums as may be necessary for fiscal years 
                        2026 through 2030; and
                            (iv) under paragraph (2)(D), $500,000,000 
                        for each of fiscal years 2021 through 2025, and 
                        such sums as may be necessary for fiscal years 
                        2026 through 2030.
                    (B) Cost sharing.--Federal grants under this 
                section shall be limited as follows:
                            (i) For activities under paragraph (2)(A), 
                        the Secretary shall provide not more than 80 
                        percent of project funds.
                            (ii) For activities under any of 
                        subparagraphs (B) through (D) of paragraph (2), 
                        the Secretary shall provide not more than 50 
                        percent of project funds.
    (d) Direct Air Capture Technology Prize Program.--
            (1) Definitions.--In this subsection:
                    (A) Qualified carbon dioxide.--
                            (i) In general.--The term ``qualified 
                        carbon dioxide'' means any carbon dioxide 
                        that--
                                    (I) is captured directly from the 
                                ambient air; and
                                    (II) is measured at the source of 
                                capture and verified at the point of 
                                disposal, injection, or utilization.
                            (ii) Inclusion.--The term ``qualified 
                        carbon dioxide'' includes the initial deposit 
                        of captured carbon dioxide used as a tertiary 
                        injectant.
                            (iii) Exclusion.--The term ``qualified 
                        carbon dioxide'' does not include carbon 
                        dioxide that is recaptured, recycled, and 
                        reinjected as part of the enhanced oil and 
                        natural gas recovery process.
                    (B) Qualified direct air capture facility.--
                            (i) In general.--Subject to clause (ii), 
                        the term ``qualified direct air capture 
                        facility'' means any facility that--
                                    (I) uses carbon capture equipment 
                                to capture carbon dioxide directly from 
                                the ambient air; and
                                    (II) captures more than 10,000 
                                metric tons of qualified carbon dioxide 
                                annually.
                            (ii) Exclusion.--The term ``qualified 
                        direct air capture facility'' does not include 
                        any facility that captures carbon dioxide--
                                    (I) that is deliberately released 
                                from naturally occurring subsurface 
                                springs; or
                                    (II) using natural photosynthesis.
            (2) Establishment.--Not later than 1 year after the date of 
        enactment of this section, the Secretary of Energy, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, shall establish a direct air capture prize 
        program designed to significantly reward development, 
        demonstration, and deployment of direct air capture 
        technologies.
            (3) Direct air capture prize program.--
                    (A) Awards.--Under the prize program, the Secretary 
                shall provide financial awards in a competitive setting 
                equally for each ton of qualified carbon dioxide 
                captured by a qualified direct air capture facility 
                until appropriated funds are expended. The prize per 
                metric ton shall not exceed--
                            (i) $180 for qualified carbon dioxide 
                        captured and stored in saline storage 
                        formations;
                            (ii) a lesser amount as determined by the 
                        Secretary for qualified carbon dioxide captured 
                        and stored in conjunction with enhanced oil 
                        recovery operations; or
                            (iii) a lesser amount as determined by the 
                        Secretary for qualified carbon dioxide captured 
                        and utilized in any activity consistent with 
                        section 45Q(f)(5) of the Internal Revenue Code 
                        of 1986 (26 U.S.C. 45Q(f)(5)).
                    (B) Administration.--
                            (i) Requirements.--Not later than 1 year 
                        after the date of enactment of this section, 
                        the Administrator, in consultation with the 
                        Secretary, shall submit requirements for 
                        qualifying metric tons of carbon dioxide. In 
                        carrying out this clause, the Administrator 
                        shall develop specific requirements for--
                                    (I) the process of applying for 
                                prizes; and
                                    (II) the demonstration of 
                                performance of approved projects.
                            (ii) Determination.--For purposes of 
                        determining the amount of metric tons of 
                        qualified carbon dioxide eligible for prizes 
                        under clause (i), the amount shall be equal to 
                        the net metric tons of carbon dioxide removal 
                        demonstrated by the recipient, subject to the 
                        requirements set forth by the Administrator 
                        under such clause.
                    (C) Schedule of payment.--The Secretary shall award 
                prizes on an annual basis to qualified direct air 
                capture facilities for metric tons of qualified carbon 
                dioxide captured and verified at the point of disposal, 
                injection, or utilization.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to carry out this subsection $200,000,000 
        for the period of fiscal years 2021 through 2025, and 
        $400,000,000 for the period of fiscal years 2026 through 2030, 
        to remain available until expended.
    (e) Increased Funding for Injection Well Permitting.--
            (1) Authorization of appropriations.--For activities 
        involved in the permitting by the Administrator of the 
        Environmental Protection Agency of Class VI wells for the 
        injection of carbon dioxide for the purpose of geologic 
        sequestration in accordance with the requirements of the Safe 
        Drinking Water Act (42 U.S.C. 300f et seq.) and regulations 
        promulgated thereunder by the Administrator on December 10, 
        2010 (75 Fed. Reg. 77230), there are authorized to be 
        appropriated $5,000,000 for each of fiscal years 2021 through 
        2025, and such sums as may be necessary for fiscal years 2026 
        through 2030.
            (2) State permitting programs.--
                    (A) Grants.--The Administrator shall provide grants 
                to States that receive program approval for permitting 
                Class VI wells for the injection of carbon dioxide 
                pursuant to section 1422 of the Safe Drinking Water Act 
                (42 U.S.C. 300h-1), for the purpose of defraying State 
                expenses related to the establishment and operation of 
                such State permitting programs.
                    (B) Authorization of appropriations.--For State 
                grants described in subparagraph (A), there are 
                authorized to be appropriated $50,000,000 for the 
                period of fiscal years 2021 through 2025, and such sums 
                as may be necessary for fiscal years 2026 through 2030.

                     Subtitle B--Energy Efficiency

                 CHAPTER 1--ENERGY EFFICIENCY RETROFITS

                      Subchapter A--HOPE for HOMES

SEC. 33201. DEFINITIONS.

    In this subchapter:
            (1) Contractor certification.--The term ``contractor 
        certification'' means an industry recognized certification that 
        may be obtained by a residential contractor to advance the 
        expertise and education of the contractor in energy efficiency 
        retrofits of residential buildings, including--
                    (A) a certification provided by--
                            (i) the Building Performance Institute;
                            (ii) the Air Conditioning Contractors of 
                        America;
                            (iii) the National Comfort Institute;
                            (iv) the North American Technician 
                        Excellence;
                            (v) RESNET;
                            (vi) the United States Green Building 
                        Council; or
                            (vii) Home Innovation Research Labs; and
                    (B) any other certification the Secretary 
                determines appropriate for purposes of the Home Energy 
                Savings Retrofit Rebate Program.
            (2) Contractor company.--The term ``contractor company'' 
        means a company--
                    (A) the business of which is to provide services to 
                residential building owners with respect to HVAC 
                systems, insulation, air sealing, or other services 
                that are approved by the Secretary;
                    (B) that holds the licenses and insurance required 
                by the State in which the company provides services; 
                and
                    (C) that provides services for which a partial 
                system rebate, measured performance rebate, or modeled 
                performance rebate may be provided pursuant to the Home 
                Energy Savings Retrofit Rebate Program.
            (3) Energy audit.--The term ``energy audit'' means an 
        inspection, survey, and analysis of the energy use of a 
        building, including the building envelope and HVAC system.
            (4) Home.--The term ``home'' means a residential dwelling 
        unit in a building with no more than 4 dwelling units that--
                    (A) is located in the United States;
                    (B) was constructed before the date of enactment of 
                this Act; and
                    (C) is occupied at least 6 months out of the year.
            (5) Home energy savings retrofit rebate program.--The term 
        ``Home Energy Savings Retrofit Rebate Program'' means the Home 
        Energy Savings Retrofit Rebate Program established under 
        section 33203.
            (6) Homeowner.--The term ``homeowner'' means the owner of 
        an owner-occupied home or a tenant-occupied home.
            (7) Home valuation certification.--The term ``home 
        valuation certification'' means the following home assessments:
                    (A) Home Energy Score.
                    (B) PEARL Certification.
                    (C) National Green Building Standard.
                    (D) LEED.
                    (E) Any other assessment the Secretary determines 
                to be appropriate.
            (8) HOPE qualification.--The term ``HOPE Qualification'' 
        means the qualification described in section 33202B.
            (9) HOPE training credit.--The term ``HOPE training 
        credit'' means a HOPE training task credit or a HOPE training 
        supplemental credit.
            (10) HOPE training task credit.--The term ``HOPE training 
        task credit'' means a credit described in section 33202A(a).
            (11) HOPE training supplemental credit.--The term ``HOPE 
        training supplemental credit'' means a credit described in 
        section 33202A(b).
            (12) HVAC system.--The term ``HVAC system'' means a 
        system--
                    (A) consisting of a heating component, a 
                ventilation component, and an air-conditioning 
                component; and
                    (B) which components may include central air 
                conditioning, a heat pump, a furnace, a boiler, a 
                rooftop unit, and a window unit.
            (13) Measured performance rebate.--The term ``measured 
        performance rebate'' means a rebate provided in accordance with 
        section 33203B and described in subsection (e) of that section.
            (14) Modeled performance rebate.--The term ``modeled 
        performance rebate'' means a rebate provided in accordance with 
        section 33203B and described in subsection (d) of that section.
            (15) Moderate income.--The term ``moderate income'' means, 
        with respect to a household, a household with an annual income 
        that is less than 80 percent of the area median income, as 
        determined annually by the Department of Housing and Urban 
        Development.
            (16) Partial system rebate.--The term ``partial system 
        rebate'' means a rebate provided in accordance with section 
        33203A.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (18) State.--The term ``State'' includes--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the United States Virgin Islands; and
                    (H) any other territory or possession of the United 
                States.
            (19) State energy office.--The term ``State energy office'' 
        means the office or agency of a State responsible for 
        developing the State energy conservation plan for the State 
        under section 362 of the Energy Policy and Conservation Act (42 
        U.S.C. 6322).

                         PART 1--HOPE TRAINING

SEC. 33202. NOTICE FOR HOPE QUALIFICATION TRAINING AND GRANTS.

    Not later than 30 days after the date of enactment of this Act, the 
Secretary, acting through the Director of the Building Technologies 
Office of the Department of Energy, shall issue a notice that 
includes--
            (1) criteria established under section 33202A for approval 
        by the Secretary of courses for which credits may be issued for 
        purposes of a HOPE Qualification;
            (2) a list of courses that meet such criteria and are so 
        approved; and
            (3) information on how individuals and entities may apply 
        for grants under this part.

SEC. 33202A. COURSE CRITERIA.

    (a) HOPE Training Task Credit.--
            (1) Criteria.--The Secretary shall establish criteria for 
        approval of a course for which a credit, to be known as a HOPE 
        training task credit, may be issued, including that such 
        course--
                    (A) is equivalent to at least 30 hours in total 
                course time;
                    (B) is accredited by the Interstate Renewable 
                Energy Council or is determined to be equivalent by the 
                Secretary;
                    (C) is, with respect to a particular job, aligned 
                with the relevant National Renewable Energy Laboratory 
                Job Task Analysis, or other credentialing program 
                foundation that helps identify the necessary core 
                knowledge areas, critical work functions, or skills, as 
                approved by the Secretary;
                    (D) has established learning objectives; and
                    (E) includes, as the Secretary determines 
                appropriate, an appropriate assessment of such learning 
                objectives that may include a final exam, to be 
                proctored on-site or through remote proctoring, or an 
                in-person field exam.
            (2) Included courses.--The Secretary shall approve one or 
        more courses that meet the criteria described in paragraph (1) 
        for training related to--
                    (A) contractor certification;
                    (B) energy auditing or assessment;
                    (C) home energy systems (including HVAC systems);
                    (D) insulation installation and air leakage 
                control;
                    (E) health and safety regarding the installation of 
                energy efficiency measures or health and safety impacts 
                associated with energy efficiency retrofits; and
                    (F) indoor air quality.
    (b) HOPE Training Supplemental Credit Criteria.--The Secretary 
shall establish criteria for approval of a course for which a credit, 
to be known as a HOPE training supplemental credit, may be issued, 
including that such course provides--
            (1) training related to--
                    (A) small business success, including management, 
                home energy efficiency software, or general accounting 
                principles;
                    (B) the issuance of a home valuation certification;
                    (C) the use of wifi-enabled technology in an energy 
                efficiency upgrade; or
                    (D) understanding and being able to participate in 
                the Home Energy Savings Retrofit Rebate Program; and
            (2) as the Secretary determines appropriate, an appropriate 
        assessment of such training that may include a final exam, to 
        be proctored on-site or through remote proctoring, or an in-
        person field exam.
    (c) Existing Approved Courses.--The Secretary may approve a course 
that meets the applicable criteria established under this section that 
is approved by the applicable State energy office or relevant State 
agency with oversight authority for residential energy efficiency 
programs.
    (d) In-Person and Online Training.--An online course approved 
pursuant to this section may be conducted in-person, but may not be 
offered exclusively in-person.

SEC. 33202B. HOPE QUALIFICATION.

    (a) Issuance of Credits.--
            (1) In general.--The Secretary, or an entity authorized by 
        the Secretary pursuant to paragraph (2), may issue--
                    (A) a HOPE training task credit to any individual 
                that completes a course that meets applicable criteria 
                under section 33202A; and
                    (B) a HOPE training supplemental credit to any 
                individual that completes a course that meets the 
                applicable criteria under section 33202A.
            (2) Other entities.--The Secretary may authorize a State 
        energy office implementing an authorized program under 
        subsection (b)(2), an organization described in section 
        33202C(b), and any other entity the Secretary determines 
        appropriate, to issue HOPE training credits in accordance with 
        paragraph (1).
    (b) HOPE Qualification.--
            (1) In general.--The Secretary may certify that an 
        individual has achieved a qualification, to be known as a HOPE 
        Qualification, that indicates that the individual has received 
        at least three HOPE training credits, of which at least two 
        shall be HOPE training task credits.
            (2) State programs.--The Secretary may authorize a State 
        energy office to implement a program to provide HOPE 
        Qualifications in accordance with this part.

SEC. 33202C. GRANTS.

    (a) In General.--The Secretary shall, to the extent amounts are 
made available in appropriations Acts for such purposes, provide grants 
to support the training of individuals toward the completion of a HOPE 
Qualification.
    (b) Provider Organizations.--
            (1) In general.--The Secretary may provide a grant of up to 
        $20,000 under this section to an organization to provide 
        training online, including establishing, modifying, or 
        maintaining the online systems, staff time, and software and 
        online program management, through a course that meets the 
        applicable criteria established under section 33202A.
            (2) Criteria.--In order to receive a grant under this 
        subsection, an organization shall be--
                    (A) a nonprofit organization;
                    (B) an educational institution; or
                    (C) an organization that has experience providing 
                training to contractors that work with the 
                weatherization assistance program implemented under 
                part A of title IV of the Energy Conservation and 
                Production Act (42 U.S.C. 6861 et seq.) or equivalent 
                experience, as determined by the Secretary.
            (3) Additional certifications.--In addition to any grant 
        provided under paragraph (1), the Secretary may provide an 
        organization up to $5,000 for each additional course for which 
        a HOPE training credit may be issued that is offered by the 
        organization.
    (c) Contractor Company.--The Secretary may provide a grant under 
this section of $1,000 per employee to a contractor company, up to a 
maximum of $10,000, to reimburse the contractor company for training 
costs for employees, and any home technology support needed for an 
employee to receive training pursuant to this section. Grant funds 
provided under this subsection may be used to support wages of 
employees during training.
    (d) Trainees.--The Secretary may provide a grant of up to $1,000 
under this section to an individual who receives a HOPE Qualification.
    (e) State Energy Office.--The Secretary may provide a grant under 
this section to a State energy office of up to $25,000 to implement an 
authorized program under section 33202B(b).

SEC. 33202D. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this part 
$500,000,000 for the period of fiscal years 2021 through 2025, to 
remain available until expended.

          PART 2--HOME ENERGY SAVINGS RETROFIT REBATE PROGRAM

SEC. 33203. ESTABLISHMENT OF HOME ENERGY SAVINGS RETROFIT REBATE 
              PROGRAM.

     The Secretary shall establish a program, to be known as the Home 
Energy Savings Retrofit Rebate Program, to--
            (1) provide rebates in accordance with section 33203A; and
            (2) provide grants to States to carry out programs to 
        provide rebates in accordance with section 33203B.

SEC. 33203A. PARTIAL SYSTEM REBATES.

    (a) Amount of Rebate.--In carrying out the Home Energy Savings 
Retrofit Rebate Program, and subject to the availability of 
appropriations for such purpose, the Secretary shall provide a 
homeowner a rebate, to be known as a partial system rebate, of, except 
as provided in section 33203C, up to--
            (1) $800 for the purchase and installation of insulation 
        and air sealing within a home of the homeowner; and
            (2) $1,500 for the purchase and installation of insulation 
        and air sealing within a home of the homeowner and replacement 
        of an HVAC system, the heating component of an HVAC system, or 
        the cooling component of an HVAC system, of such home.
    (b) Specifications.--
            (1) Cost.--The amount of a partial system rebate provided 
        under this section shall, except as provided in section 33203C, 
        not exceed 30 percent of cost of the purchase and installation 
        of insulation and air sealing under subsection (a)(1), or the 
        purchase and installation of insulation and air sealing and 
        replacement of an HVAC system, the heating component of an HVAC 
        system, or the cooling component of an HVAC system, under 
        subsection (a)(2). Labor may be included in such cost but may 
        not exceed--
                    (A) in the case of a rebate under subsection 
                (a)(1), 50 percent of such cost; and
                    (B) in the case of a rebate under subsection 
                (a)(2), 25 percent of such cost.
            (2) Replacement of an hvac system, the heating component of 
        an hvac system, or the cooling component of an hvac system.--In 
        order to qualify for a partial system rebate described in 
        subsection (a)(2)--
                    (A) any HVAC system, heating component of an HVAC 
                system, or cooling component of an HVAC system 
                installed shall be Energy Star Most Efficient 
                certified;
                    (B) installation of such an HVAC system, the 
                heating component of an HVAC system, or the cooling 
                component of an HVAC system, shall be completed in 
                accordance with standards specified by the Secretary 
                that are at least as stringent as the applicable 
                guidelines of the Air Conditioning Contractors of 
                America that are in effect on the date of enactment of 
                this Act;
                    (C) if ducts are present, replacement of an HVAC 
                system, the heating component of an HVAC system, or the 
                cooling component of an HVAC system shall include duct 
                sealing; and
                    (D) the installation of insulation and air sealing 
                shall occur within 6 months of the replacement of the 
                HVAC system, the heating component of an HVAC system, 
                or the cooling component of an HVAC system.
    (c) Additional Incentives for Contractors.--In carrying out the 
Home Energy Savings Retrofit Rebate Program, the Secretary may provide 
a $250 payment to a contractor per home for which--
            (1) a partial system rebate is provided under this section 
        for the installation of insulation and air sealing, or 
        installation of insulation and air sealing and replacement of 
        an HVAC system, the heating component of an HVAC system, or the 
        cooling component of an HVAC system, by the contractor;
            (2) the applicable homeowner has signed and submitted to 
        the Secretary a release form made available pursuant to section 
        33203E(b) authorizing the contractor access to information in 
        the utility bills of the homeowner; and
            (3) the contractor inputs, into the Department of Energy's 
        Building Performance Database--
                    (A) the energy usage for the home for the 12 months 
                preceding, and the 24 months following, the 
                installation of insulation and air sealing or 
                installation of insulation and air sealing and 
                replacement of an HVAC system, the heating component of 
                an HVAC system, or the cooling component of an HVAC 
                system;
                    (B) a description of such installation or 
                installation and replacement; and
                    (C) the total cost to the homeowner for such 
                installation or installation and replacement.
    (d) Process.--
            (1) Forms; rebate processing system.--Not later than 90 
        days after the date of enactment of this Act, the Secretary, in 
        consultation with the Secretary of the Treasury, shall--
                    (A) develop and make available rebate forms 
                required to receive a partial system rebate under this 
                section;
                    (B) establish a Federal rebate processing system 
                which shall serve as a database and information 
                technology system that will allow homeowners to submit 
                required rebate forms; and
                    (C) establish a website that provides information 
                on partial system rebates provided under this section, 
                including how to determine whether particular measures 
                qualify for a rebate under this section and how to 
                receive such a rebate.
            (2) Submission of forms.--In order to receive a partial 
        system rebate under this section, a homeowner shall submit the 
        required rebate forms, and any other information the Secretary 
        determines appropriate, to the Federal rebate processing system 
        established pursuant to paragraph (1).
    (e) Funding.--
            (1) Limitation.--For each fiscal year, the Secretary may 
        not use more than 50 percent of the amounts made available to 
        carry out this part to carry out this section.
            (2) Allocation.--The Secretary shall allocate amounts made 
        available to carry out this section for partial system rebates 
        among the States using the same formula as is used to allocate 
        funds for States under part D of title III of the Energy Policy 
        and Conservation Act (42 U.S.C. 6321 et seq.).

SEC. 33203B. STATE ADMINISTERED REBATES.

    (a) Funding.--In carrying out the Home Energy Savings Retrofit 
Rebate Program, and subject to the availability of appropriations for 
such purpose, the Secretary shall provide grants to States to carry out 
programs to provide rebates in accordance with this section.
    (b) State Participation.--
            (1) Plan.--In order to receive a grant under this section a 
        State shall submit to the Secretary an application that 
        includes a plan to implement a State program that meets the 
        minimum criteria under subsection (c).
            (2) Approval.--Not later than 60 days after receipt of a 
        completed application for a grant under this section, the 
        Secretary shall either approve the application or provide to 
        the applicant an explanation for denying the application.
    (c) Minimum Criteria for State Programs.--Not later than 6 months 
after the date of enactment of this Act, the Secretary shall establish 
and publish minimum criteria for a State program to meet to qualify for 
funding under this section, including--
            (1) that the State program be carried out by the applicable 
        State energy office or its designee;
            (2) that a rebate be provided under a State program only 
        for a home energy efficiency retrofit that--
                    (A) is completed by a contractor who meets minimum 
                training requirements and certification requirements 
                set forth by the Secretary;
                    (B) includes installation of one or more home 
                energy efficiency retrofit measures for a home that 
                together are modeled to achieve, or are shown to 
                achieve, a reduction in home energy use of 20 percent 
                or more from the baseline energy use of the home;
                    (C) does not include installation of any measure 
                that the Secretary determines does not improve the 
                thermal energy performance of the home, such as a pool 
                pump, pool heater, spa, or EV charger; and
                    (D) includes, after installation of the applicable 
                home energy efficiency retrofit measures, a test-out 
                procedure conducted in accordance with guidelines 
                issued by the Secretary of such measures to ensure--
                            (i) the safe operation of all systems post 
                        retrofit; and
                            (ii) that all improvements are included in, 
                        and have been installed according to--
                                    (I) manufacturers installation 
                                specifications; and
                                    (II) all applicable State and local 
                                codes or equivalent standards approved 
                                by the Secretary;
            (3) that the State program utilize--
                    (A) for purposes of modeled performance rebates, 
                modeling software approved by the Secretary for 
                determining and documenting the baseline energy use of 
                a home and the reductions in home energy use resulting 
                from the implementation of a home energy efficiency 
                retrofit; and
                    (B) for purposes of measured performance rebates, 
                methods and procedures approved by the Secretary for 
                determining and documenting the baseline energy use of 
                a home and the reductions in home energy use resulting 
                from the implementation of a home energy efficiency 
                retrofit, including methods and procedures for use of 
                advanced metering infrastructure, weather-normalized 
                data, and open source standards, to measure such 
                baseline energy use and such reductions in home energy 
                use;
            (4) that the State program include implementation of a 
        quality assurance program--
                    (A) to ensure that home energy efficiency retrofits 
                are achieving the stated level of energy savings, that 
                efficiency measures were installed correctly, and that 
                work is performed in accordance with procedures 
                developed by the Secretary, including through quality-
                control inspections for a portion of home energy 
                efficiency retrofits completed by each applicable 
                contractor; and
                    (B) under which a quality-control inspection of a 
                home energy efficiency retrofit is performed by a 
                quality assurance provider who--
                            (i) is independent of the contractor for 
                        such retrofit; and
                            (ii) will confirm that such contractor is a 
                        contractor who meets minimum training 
                        requirements and certification requirements set 
                        forth by the Secretary;
            (5) that the State program include requirements for a 
        homeowner, contractor, or rebate aggregator to claim a rebate, 
        including that the homeowner, contractor, or rebate aggregator 
        submit any applicable forms approved by the Secretary to the 
        State, including a copy of the certificate provided by the 
        applicable contractor certifying projected or measured 
        reduction of home energy use;
            (6) that the State program may include requirements for an 
        entity to be eligible to serve as a rebate aggregator to 
        facilitate the delivery of rebates to homeowners or 
        contractors;
            (7) that the State program include procedures for a 
        homeowner to transfer the right to claim a rebate to the 
        contractor performing the applicable home energy efficiency 
        retrofit or to a rebate aggregator that works with the 
        contractor; and
            (8) that the State program provide that a homeowner, 
        contractor, or rebate aggregator may claim more than one rebate 
        under the State program, and may claim a rebate under the State 
        program after receiving a partial system rebate under section 
        33203A, provided that no 2 rebates may be provided with respect 
        to a home using the same baseline energy use of such home.
    (d) Modeled Performance Rebates.--
            (1) In general.--In carrying out a State program under this 
        section, a State may provide a homeowner, contractor, or rebate 
        aggregator a rebate, to be known as a modeled performance 
        rebate, for an energy audit of a home and a home energy 
        efficiency retrofit that is projected, using modeling software 
        approved by the Secretary, to reduce home energy use by at 
        least 20 percent.
            (2) Amount.--
                    (A) In general.--Except as provided in section 
                33203C, and subject to subparagraph (B), the amount of 
                a modeled performance rebate provided under a State 
                program shall be equal to 50 percent of the cost of the 
                applicable energy audit of a home and home energy 
                efficiency retrofit, including the cost of diagnostic 
                procedures, labor, reporting, and modeling.
                    (B) Limitation.--Except as provided in section 
                33203C, with respect to an energy audit and home energy 
                efficiency retrofit that is projected to reduce home 
                energy use by--
                            (i) at least 20 percent, but less than 40 
                        percent, the maximum amount of a modeled 
                        performance rebate shall be $2,000; and
                            (ii) at least 40 percent, the maximum 
                        amount of a modeled performance rebate shall be 
                        $4,000.
    (e) Measured Performance Rebates.--
            (1) In general.--In carrying out a State program under this 
        section, a State may provide a homeowner, contractor, or rebate 
        aggregator a rebate, to be known as a measured performance 
        rebate, for a home energy efficiency retrofit that reduces home 
        energy use by at least 20 percent as measured using methods and 
        procedures approved by the Secretary.
            (2) Amount.--
                    (A) In general.--Except as provided in section 
                33203C, and subject to subparagraph (B), the amount of 
                a measured performance rebate provided under a State 
                program shall be equal to 50 percent of the cost, 
                including the cost of diagnostic procedures, labor, 
                reporting, and energy measurement, of the applicable 
                home energy efficiency retrofit.
                    (B) Limitation.--Except as provided in section 
                33203C, with respect to a home energy efficiency 
                retrofit that is measured as reducing home energy use 
                by--
                            (i) at least 20 percent, but less than 40 
                        percent, the maximum amount of a measured 
                        performance rebate shall be $2,000; and
                            (ii) at least 40 percent, the maximum 
                        amount of a measured performance rebate shall 
                        be $4,000.
    (f) Coordination of Rebate and Existing State-Sponsored or Utility-
Sponsored Programs.--A State that receives a grant under this section 
is encouraged to work with State agencies, energy utilities, 
nonprofits, and other entities--
            (1) to assist in marketing the availability of the rebates 
        under the applicable State program;
            (2) to coordinate with utility or State managed financing 
        programs;
            (3) to assist in implementation of the applicable State 
        program, including installation of home energy efficiency 
        retrofits; and
            (4) to coordinate with existing quality assurance programs.
    (g) Administration and Oversight.--
            (1) Review of approved modeling software.--The Secretary 
        shall, on an annual basis, list and review all modeling 
        software approved for use in determining and documenting the 
        reductions in home energy use for purposes of modeled 
        performance rebates under subsection (d). In approving such 
        modeling software each year, the Secretary shall ensure that 
        modeling software approved for a year will result in modeling 
        of energy efficiency gains for any type of home energy 
        efficiency retrofit that is at least as substantial as the 
        modeling of energy efficiency gains for such type of home 
        energy efficiency retrofit using the modeling software approved 
        for the previous year.
            (2) Oversight.--If the Secretary determines that a State is 
        not implementing a State program that was approved pursuant to 
        subsection (b) and that meets the minimum criteria under 
        subsection (c), the Secretary may, after providing the State a 
        period of at least 90 days to meet such criteria, withhold 
        grant funds under this section from the State.

SEC. 33203C. SPECIAL PROVISIONS FOR MODERATE INCOME HOUSEHOLDS.

    (a) Certifications.--The Secretary shall establish procedures for 
certifying that the household of a homeowner is moderate income for 
purposes of this section.
    (b) Percentages.--Subject to subsection (c), for households of 
homeowners that are certified pursuant to the procedures established 
under subsection (a) as moderate income the--
            (1) amount of a partial system rebate under section 33203A 
        shall not exceed 60 percent of the applicable purchase and 
        installation costs described in section 33203A(b)(1); and
            (2) amount of--
                    (A) a modeled performance rebate under section 
                33203B provided shall be equal to 80 percent of the 
                applicable costs described in section 33203B(d)(2)(A); 
                and
                    (B) a measured performance rebate under section 
                33203B provided shall be equal to 80 percent of the 
                applicable costs described in section 33203B(e)(2)(A).
    (c) Maximum Amounts.--For households of homeowners that are 
certified pursuant to the procedures established under subsection (a) 
as moderate income the maximum amount--
            (1) of a partial system rebate--
                    (A) under section 33203A(a)(1) for the purchase and 
                installation of insulation and air sealing within a 
                home of the homeowner shall be $1600; and
                    (B) under section 33203A(a)(2) for the purchase and 
                installation of insulation and air sealing within a 
                home of the homeowner and replacement of an HVAC 
                system, the heating component of an HVAC system, or the 
                cooling component of an HVAC system, of such home, 
                shall be $3,000;
            (2) of a modeled performance rebate under section 33203B 
        for an energy audit and home energy efficiency retrofit that is 
        projected to reduce home energy use as described in--
                    (A) section 33203B(d)(2)(B)(i) shall be $4,000; and
                    (B) section 33203B(d)(2)(B)(ii) shall be $8,000; 
                and
            (3) of a measured performance rebate under section 33203B 
        for a home energy efficiency retrofit that reduces home energy 
        use as described in--
                    (A) section 33203B(e)(2)(B)(i) shall be $4,000; and
                    (B) section 33203B(e)(2)(B)(ii) shall be $8,000.
    (d) Outreach.--The Secretary shall establish procedures to--
            (1) provide information to households of homeowners that 
        are certified pursuant to the procedures established under 
        subsection (a) as moderate income regarding other programs and 
        resources relating to assistance for energy efficiency upgrades 
        of homes, including the weatherization assistance program 
        implemented under part A of title IV of the Energy Conservation 
        and Production Act (42 U.S.C. 6861 et seq.); and
            (2) refer such households, as applicable, to such other 
        programs and resources.

SEC. 33203D. EVALUATION REPORTS TO CONGRESS.

    (a) In General.--Not later than 3 years after the date of enactment 
of this Act and annually thereafter until the termination of the Home 
Energy Savings Retrofit Rebate Program, the Secretary shall submit to 
Congress a report on the use of funds made available to carry out this 
part.
    (b) Contents.--Each report submitted under subsection (a) shall 
include--
            (1) how many home energy efficiency retrofits have been 
        completed during the previous year under the Home Energy 
        Savings Retrofit Rebate Program;
            (2) an estimate of how many jobs have been created through 
        the Home Energy Savings Retrofit Rebate Program, directly and 
        indirectly;
            (3) a description of what steps could be taken to promote 
        further deployment of energy efficiency and renewable energy 
        retrofits;
            (4) a description of the quantity of verifiable energy 
        savings, homeowner energy bill savings, and other benefits of 
        the Home Energy Savings Retrofit Rebate Program;
            (5) a description of any waste, fraud, or abuse with 
        respect to funds made available to carry out this part; and
            (6) any other information the Secretary considers 
        appropriate.

SEC. 33203E. ADMINISTRATION.

    (a) In General.--The Secretary shall provide such administrative 
and technical support to contractors, rebate aggregators, States, and 
Indian Tribes as is necessary to carry out this part.
    (b) Information Collection.--The Secretary shall establish, and 
make available to a homeowner, or the homeowner's designated 
representative, seeking a rebate under this part, release forms 
authorizing access by the Secretary, or a designated third-party 
representative to information in the utility bills of the homeowner 
with appropriate privacy protections in place.

SEC. 33203F. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary to carry out this part $1,200,000,000 for each of fiscal 
years 2021 through 2025, to remain available until expended.
    (b) Tribal Allocation.--Of the amounts made available pursuant to 
subsection (a) for a fiscal year, the Secretary shall work with Indian 
Tribes and use 2 percent of such amounts to carry out a program or 
programs that as close as possible reflect the goals, requirements, and 
provisions of this part, taking into account any factors that the 
Secretary determines to be appropriate.

                       PART 3--GENERAL PROVISIONS

SEC. 33204. APPOINTMENT OF PERSONNEL.

    Notwithstanding the provisions of title 5, United States Code, 
regarding appointments in the competitive service and General Schedule 
classifications and pay rates, the Secretary may appoint such 
professional and administrative personnel as the Secretary considers 
necessary to carry out this subchapter.

SEC. 33204A. MAINTENANCE OF FUNDING.

    Each State receiving Federal funds pursuant to this subchapter 
shall provide reasonable assurances to the Secretary that it has 
established policies and procedures designed to ensure that Federal 
funds provided under this subchapter will be used to supplement, and 
not to supplant, State and local funds.

                     Subchapter B--Public Buildings

SEC. 33211. ENERGY EFFICIENT PUBLIC BUILDINGS.

    (a) Grants.--Section 125(a) of the Energy Policy Act of 2005 (42 
U.S.C. 15822(a)) is amended--
            (1) in paragraph (1)--
                    (A) by inserting ``Standard 90.1 of the American 
                Society of Heating, Refrigerating, and Air-Conditioning 
                Engineers,'' after ``the International Energy 
                Conservation Code,''; and
                    (B) by striking ``; or'' and inserting a semicolon;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(3) through benchmarking programs to enable use of 
        building performance data to evaluate the performance of energy 
        efficiency investments over time.''.
    (b) Assurance of Improvement.--Section 125 of the Energy Policy Act 
of 2005 (42 U.S.C. 15822) is amended by redesignating subsections (b) 
and (c) as subsections (c) and (d), respectively, and inserting after 
subsection (a) the following:
    ``(b) Assurance of Improvement.--
            ``(1) Verification.--A State agency receiving a grant for 
        activities described in paragraph (1) or (2) of subsection (a) 
        shall ensure, as a condition of eligibility for assistance 
        pursuant to such grant, that a unit of local government 
        receiving such assistance obtain third-party verification of 
        energy efficiency improvements in each public building with 
        respect to which such assistance is used.
            ``(2) Guidance.--The Secretary may provide guidance to 
        State agencies to comply with paragraph (1). In developing such 
        guidance, the Secretary shall consider available third-party 
        verification tools for high-performing buildings and available 
        third-party verification tools for energy efficiency 
        retrofits.''.
    (c) Administration.--Section 125(c) of the Energy Policy Act of 
2005, as so redesignated, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``State energy offices receiving grants'' and inserting ``A 
        State agency receiving a grant'';
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) ensure that all laborers and mechanics employed by 
        contractors and subcontractors in the performance of 
        construction, alteration, or repair work financed in whole or 
        in part with assistance received pursuant to this section shall 
        be paid wages at rates not less than those prevailing on 
        projects of a similar character in the locality, as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code (and with respect to 
        such labor standards, the Secretary of Labor shall have the 
        authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code).''.
    (d) Authorization of Appropriations.--Section 125(d) of the Energy 
Policy Act of 2005, as so redesignated, is amended by striking 
``$30,000,000 for each of fiscal years 2006 through 2010'' and 
inserting ``$100,000,000 for each of fiscal years 2021 through 2025''.

                         Subchapter C--Schools

SEC. 33221. ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.

    Section 392 of the Energy Policy and Conservation Act (42 U.S.C. 
6371a) is amended by adding at the end the following:
    ``(e) Coordination of Energy Retrofitting Assistance for Schools.--
            ``(1) Definition of school.--Notwithstanding section 
        391(6), for the purposes of this subsection, the term `school' 
        means--
                    ``(A) an elementary school or secondary school (as 
                defined in section 9101 of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 7801));
                    ``(B) an institution of higher education (as 
                defined in section 102(a) of the Higher Education Act 
                of 1965 (20 U.S.C. 1002(a)));
                    ``(C) a school of the defense dependents' education 
                system under the Defense Dependents' Education Act of 
                1978 (20 U.S.C. 921 et seq.) or established under 
                section 2164 of title 10, United States Code;
                    ``(D) a school operated by the Bureau of Indian 
                Affairs;
                    ``(E) a tribally controlled school (as defined in 
                section 5212 of the Tribally Controlled Schools Act of 
                1988 (25 U.S.C. 2511)); and
                    ``(F) a Tribal College or University (as defined in 
                section 316(b) of the Higher Education Act of 1965 (20 
                U.S.C. 1059c(b))).
            ``(2) Establishment of clearinghouse.--The Secretary, 
        acting through the Office of Energy Efficiency and Renewable 
        Energy, shall establish a clearinghouse to disseminate 
        information regarding available Federal programs and financing 
        mechanisms that may be used to help initiate, develop, and 
        finance energy efficiency, distributed generation, and energy 
        retrofitting projects for schools.
            ``(3) Requirements.--In carrying out paragraph (2), the 
        Secretary shall--
                    ``(A) consult with appropriate Federal agencies to 
                develop a list of Federal programs and financing 
                mechanisms that are, or may be, used for the purposes 
                described in paragraph (2); and
                    ``(B) coordinate with appropriate Federal agencies 
                to develop a collaborative education and outreach 
                effort to streamline communications and promote 
                available Federal programs and financing mechanisms 
                described in subparagraph (A), which may include the 
                development and maintenance of a single online resource 
                that includes contact information for relevant 
                technical assistance in the Office of Energy Efficiency 
                and Renewable Energy that States, local education 
                agencies, and schools may use to effectively access and 
                use such Federal programs and financing mechanisms.''.

SEC. 33222. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE 
              ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.

    (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        consortium of--
                    (A) one local educational agency; and
                    (B) one or more--
                            (i) schools;
                            (ii) nonprofit organizations;
                            (iii) for-profit organizations; or
                            (iv) community partners that have the 
                        knowledge and capacity to partner and assist 
                        with energy improvements.
            (2) Energy improvements.--The term ``energy improvements'' 
        means--
                    (A) any improvement, repair, or renovation, to a 
                school that will result in a direct reduction in school 
                energy costs including but not limited to improvements 
                to building envelope, air conditioning, ventilation, 
                heating system, domestic hot water heating, compressed 
                air systems, distribution systems, lighting, power 
                systems and controls;
                    (B) any improvement, repair, renovation, or 
                installation that leads to an improvement in teacher 
                and student health including but not limited to indoor 
                air quality, daylighting, ventilation, electrical 
                lighting, and acoustics; and
                    (C) the installation of renewable energy 
                technologies (such as wind power, photovoltaics, solar 
                thermal systems, geothermal energy, hydrogen-fueled 
                systems, biomass-based systems, biofuels, anaerobic 
                digesters, and hydropower) involved in the improvement, 
                repair, or renovation to a school.
    (b) Authority.--From amounts made available for grants under this 
section, the Secretary of Energy shall provide competitive grants to 
eligible entities to make energy improvements authorized by this 
section.
    (c) Priority.--In making grants under this subsection, the 
Secretary shall give priority to eligible entities that have 
renovation, repair, and improvement funding needs and are--
            (1) a high-need local educational agency, as defined in 
        section 2102 of the Elementary and Secondary Education Act of 
        1965 (20 14 U.S.C. 6602); or
            (2) a local educational agency designated with a 
        metrocentric locale code of 41, 42, or 43 as determined by the 
        National Center for Education Statistics (NCES), in conjunction 
        with the Bureau of the Census, using the NCES system for 
        classifying local educational agencies.
    (d) Competitive Criteria.--The competitive criteria used by the 
Secretary shall include the following:
            (1) The fiscal capacity of the eligible entity to meet the 
        needs for improvements of school facilities without assistance 
        under this section, including the ability of the eligible 
        entity to raise funds through the use of local bonding capacity 
        and otherwise.
            (2) The likelihood that the local educational agency or 
        eligible entity will maintain, in good condition, any facility 
        whose improvement is assisted.
            (3) The potential energy efficiency and safety benefits 
        from the proposed energy improvements.
    (e) Applications.--To be eligible to receive a grant under this 
section, an applicant must submit to the Secretary an application that 
includes each of the following:
            (1) A needs assessment of the current condition of the 
        school and facilities that are to receive the energy 
        improvements.
            (2) A draft work plan of what the applicant hopes to 
        achieve at the school and a description of the energy 
        improvements to be carried out.
            (3) A description of the applicant's capacity to provide 
        services and comprehensive support to make the energy 
        improvements.
            (4) An assessment of the applicant's expected needs for 
        operation and maintenance training funds, and a plan for use of 
        those funds, if any.
            (5) An assessment of the expected energy efficiency and 
        safety benefits of the energy improvements.
            (6) A cost estimate of the proposed energy improvements.
            (7) An identification of other resources that are available 
        to carry out the activities for which funds are requested under 
        this section, including the availability of utility programs 
        and public benefit funds.
    (f) Use of Grant Amounts.--
            (1) In general.--The recipient of a grant under this 
        section shall use the grant amounts only to make the energy 
        improvements contemplated in the application, subject to the 
        other provisions of this subsection.
            (2) Operation and maintenance training.--The recipient may 
        use up to 5 percent for operation and maintenance training for 
        energy efficiency and renewable energy improvements (such as 
        maintenance staff and teacher training, education, and 
        preventative maintenance training).
            (3) Audit.--The recipient may use funds for a third-party 
        investigation and analysis for energy improvements (such as 
        energy audits and existing building commissioning).
            (4) Continuing education.--The recipient may use up to 1 
        percent of the grant amounts to develop a continuing education 
        curriculum relating to energy improvements.
    (g) Contracting Requirements.--
            (1) Davis-bacon.--Any laborer or mechanic employed by any 
        contractor or subcontractor in the performance of work on any 
        energy improvements funded by a grant under this section shall 
        be paid wages at rates not less than those prevailing on 
        similar construction in the locality as determined by the 
        Secretary of Labor under subchapter IV of chapter 31 of title 
        40, United States Code (commonly referred to as the Davis-Bacon 
        Act).
            (2) Competition.--Each applicant that receives funds shall 
        ensure that, if the applicant carries out repair or renovation 
        through a contract, any such contract process--
                    (A) ensures the maximum number of qualified 
                bidders, including small, minority, and women-owned 
                businesses, through full and open competition; and
                    (B) gives priority to businesses located in, or 
                resources common to, the State or the geographical area 
                in which the project is carried out.
    (h) Reporting.--Each recipient of a grant under this section shall 
submit to the Secretary, at such time as the Secretary may require, a 
report describing the use of such funds for energy improvements, the 
estimated cost savings realized by those energy improvements, the 
results of any audit, the use of any utility programs and public 
benefit funds and the use of performance tracking for energy 
improvements (such as the Department of Energy: Energy Star program or 
LEED for Existing Buildings).
    (i) Best Practices.--The Secretary shall develop and publish 
guidelines and best practices for activities carried out under this 
section.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2021 through 2025.

                       CHAPTER 2--WEATHERIZATION

SEC. 33231. WEATHERIZATION ASSISTANCE PROGRAM.

    (a) Reauthorization Of Weatherization Assistance Program.--Section 
422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is 
amended by striking paragraphs (1) through (5) and inserting the 
following:
            ``(1) $350,000,000 for fiscal year 2021;
            ``(2) $500,000,000 for fiscal year 2022;
            ``(3) $650,000,000 for fiscal year 2023;
            ``(4) $800,000,000 for fiscal year 2024; and
            ``(5) $1,000,000,000 for fiscal year 2025.''.
    (b) Modernizing the Definition of Weatherization Materials.--
Section 412(9)(J) of the Energy Conservation and Production Act (42 
U.S.C. 6862(9)(J)) is amended--
            (1) by inserting ``, including renewable energy 
        technologies and other advanced technologies,'' after ``devices 
        or technologies''; and
            (2) by striking ``, after consulting with the Secretary of 
        Housing and Urban Development, the Secretary of Agriculture, 
        and the Director of the Community Services Administration''.
    (c) Consideration of Health Benefits.--Section 413(b) of the Energy 
Conservation and Production Act (42 U.S.C. 6863(b)) is amended--
            (1) in paragraph (1), by striking ``Health, Education, and 
        Welfare'' and inserting ``Health and Human Services'';
            (2) in paragraph (2)(A), by striking ``Health, Education, 
        and Welfare'' and inserting ``Health and Human Services'';
            (3) in paragraph (3)--
                    (A) by striking ``and with the Director of the 
                Community Services Administration'';
                    (B) by inserting ``and by'' after ``in carrying out 
                this part,''; and
                    (C) by striking ``, and the Director of the 
                Community Services Administration in carrying out 
                weatherization programs under section 222(a)(12) of the 
                Economic Opportunity Act of 1964'';
            (4) by redesignating paragraphs (4) through (6) as 
        paragraphs (5) through (7), respectively; and
            (5) by inserting after paragraph (3), the following:
    ``(4) The Secretary may amend the regulations prescribed under 
paragraph (1) to provide that the standards described in paragraph 
(2)(A) take into consideration improvements in the health and safety of 
occupants of dwelling units, and other non-energy benefits, from 
weatherization.''.
    (d) Contractor Optimization.--
            (1) In general.--The Energy Conservation and Production Act 
        is amended by inserting after section 414B (42 U.S.C. 6864b) 
        the following:

``SEC. 414C. CONTRACTOR OPTIMIZATION.

    ``(a) In General.--The Secretary may request that entities 
receiving funding from the Federal Government or from a State through a 
weatherization assistance program under section 413 or section 414 
perform periodic reviews of the use of private contractors in the 
provision of weatherization assistance, and encourage expanded use of 
contractors as appropriate.
    ``(b) Use of Training Funds.--Entities described in subsection (a) 
may use funding described in such subsection to train private, non-
Federal entities that are contracted to provide weatherization 
assistance under a weatherization program, in accordance with rules 
determined by the Secretary.''.
            (2) Table of contents amendment.--The table of contents for 
        the Energy Conservation and Production Act is amended by 
        inserting after the item relating to section 414B the 
        following:

``Sec. 414C. Contractor optimization.''.
    (e) Financial Assistance for WAP Enhancement and Innovation.--
            (1) In general.--The Energy Conservation and Production Act 
        is amended by inserting after section 414C (as added by 
        subsection (d) of this section) the following:

``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND INNOVATION.

    ``(a) Purposes.--The purposes of this section are--
            ``(1) to expand the number of dwelling units that are 
        occupied by low-income persons that receive weatherization 
        assistance by making such dwelling units weatherization-ready;
            ``(2) to promote the deployment of renewable energy in 
        dwelling units that are occupied by low-income persons;
            ``(3) to ensure healthy indoor environments by enhancing or 
        expanding health and safety measures and resources available to 
        dwellings that are occupied by low-income persons;
            ``(4) to disseminate new methods and best practices among 
        entities providing weatherization assistance; and
            ``(5) to encourage entities providing weatherization 
        assistance to hire and retain employees who are individuals--
                    ``(A) from the community in which the assistance is 
                provided; and
                    ``(B) from communities or groups that are 
                underrepresented in the home energy performance 
                workforce, including religious and ethnic minorities, 
                women, veterans, individuals with disabilities, and 
                individuals who are socioeconomically disadvantaged.
    ``(b) Financial Assistance.--The Secretary shall, to the extent 
funds are made available, award financial assistance, on an annual 
basis, through a competitive process to entities receiving funding from 
the Federal Government or from a State, tribal organization, or unit of 
general purpose local government through a weatherization program under 
section 413 or section 414, or to nonprofit entities, to be used by 
such an entity--
            ``(1) with respect to dwelling units that are occupied by 
        low-income persons, to--
                    ``(A) implement measures to make such dwelling 
                units weatherization-ready by addressing structural, 
                plumbing, roofing, and electrical issues, environmental 
                hazards, or other measures that the Secretary 
                determines to be appropriate;
                    ``(B) install energy efficiency technologies, 
                including home energy management systems, smart 
                devices, and other technologies the Secretary 
                determines to be appropriate;
                    ``(C) install renewable energy systems (as defined 
                in section 415(c)(6)(A)); and
                    ``(D) implement measures to ensure healthy indoor 
                environments by improving indoor air quality, 
                accessibility, and other healthy homes measures as 
                determined by the Secretary;
            ``(2) to improve the capability of the entity--
                    ``(A) to significantly increase the number of 
                energy retrofits performed by such entity;
                    ``(B) to replicate best practices for work 
                performed pursuant to this section on a larger scale;
                    ``(C) to leverage additional funds to sustain the 
                provision of weatherization assistance and other work 
                performed pursuant to this section after financial 
                assistance awarded under this section is expended; and
                    ``(D) to hire and retain employees who are 
                individuals described subsection (a)(5);
            ``(3) for innovative outreach and education regarding the 
        benefits and availability of weatherization assistance and 
        other assistance available pursuant to this section;
            ``(4) for quality control of work performed pursuant to 
        this section;
            ``(5) for data collection, measurement, and verification 
        with respect to such work;
            ``(6) for program monitoring, oversight, evaluation, and 
        reporting regarding such work;
            ``(7) for labor, training, and technical assistance 
        relating to such work;
            ``(8) for planning, management, and administration (up to a 
        maximum of 15 percent of the assistance provided); and
            ``(9) for such other activities as the Secretary determines 
        to be appropriate.
    ``(c) Award Factors.--In awarding financial assistance under this 
section, the Secretary shall consider--
            ``(1) the applicant's record of constructing, renovating, 
        repairing, or making energy efficient single-family, 
        multifamily, or manufactured homes that are occupied by low-
        income persons, either directly or through affiliates, 
        chapters, or other partners (using the most recent year for 
        which data are available);
            ``(2) the number of dwelling units occupied by low-income 
        persons that the applicant has built, renovated, repaired, 
        weatherized, or made more energy efficient in the 5 years 
        preceding the date of the application;
            ``(3) the qualifications, experience, and past performance 
        of the applicant, including experience successfully managing 
        and administering Federal funds;
            ``(4) the strength of an applicant's proposal to achieve 
        one or more of the purposes under subsection (a);
            ``(5) the extent to which such applicant will utilize 
        partnerships and regional coordination to achieve one or more 
        of the purposes under subsection (a);
            ``(6) regional and climate zone diversity;
            ``(7) urban, suburban, and rural localities; and
            ``(8) such other factors as the Secretary determines to be 
        appropriate.
    ``(d) Applications.--
            ``(1) Administration.--To be eligible for an award of 
        financial assistance under this section, an applicant shall 
        submit to the Secretary an application in such manner and 
        containing such information as the Secretary may require.
            ``(2) Awards.--Subject to the availability of 
        appropriations, not later than 270 days after the date of 
        enactment of this section, the Secretary shall make a first 
        award of financial assistance under this section.
    ``(e) Maximum Amount and Term.--
            ``(1) In general.--The total amount of financial assistance 
        awarded to an entity under this section shall not exceed 
        $2,000,000.
            ``(2) Technical and training assistance.--The total amount 
        of financial assistance awarded to an entity under this section 
        shall be reduced by the cost of any technical and training 
        assistance provided by the Secretary that relates to such 
        financial assistance.
            ``(3) Term.--The term of an award of financial assistance 
        under this section shall not exceed 3 years.
            ``(4) Relationship to formula grants.--An entity may use 
        financial assistance awarded to such entity under this section 
        in conjunction with other financial assistance provided to such 
        entity under this part.
    ``(f) Requirements.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall issue requirements to 
implement this section, including, for entities receiving financial 
assistance under this section--
            ``(1) standards for allowable expenditures;
            ``(2) a minimum saving-to-investment ratio; and
            ``(3) standards for--
                    ``(A) training programs;
                    ``(B) energy audits;
                    ``(C) the provision of technical assistance;
                    ``(D) monitoring activities carried out using such 
                financial assistance;
                    ``(E) verification of energy and cost savings;
                    ``(F) liability insurance requirements; and
                    ``(G) recordkeeping and reporting requirements, 
                which shall include reporting to the Office of 
                Weatherization and Intergovernmental Programs of the 
                Department of Energy applicable data on each dwelling 
                unit retrofitted or otherwise assisted pursuant to this 
                section.
    ``(g) Compliance With State and Local Law.--Nothing in this section 
supersedes or otherwise affects any State or local law, to the extent 
that the State or local law contains a requirement that is more 
stringent than the applicable requirement of this section.
    ``(h) Review and Evaluation.--The Secretary shall review and 
evaluate the performance of each entity that receives an award of 
financial assistance under this section (which may include an audit).
    ``(i) Annual Report.--The Secretary shall submit to Congress an 
annual report that provides a description of--
            ``(1) actions taken under this section to achieve the 
        purposes of this section; and
            ``(2) accomplishments as a result of such actions, 
        including energy and cost savings achieved.
    ``(j) Funding.--
            ``(1) Amounts.--
                    ``(A) In general.--For each of fiscal years 2021 
                through 2025, of the amount made available under 
                section 422 for such fiscal year to carry out the 
                weatherization program under this part (not including 
                any of such amount made available for Department of 
                Energy headquarters training or technical assistance), 
                not more than--
                            ``(i) 2 percent of such amount (if such 
                        amount is $225,000,000 or more but less than 
                        $260,000,000) may be used to carry out this 
                        section;
                            ``(ii) 4 percent of such amount (if such 
                        amount is $260,000,000 or more but less than 
                        $300,000,000) may be used to carry out this 
                        section; and
                            ``(iii) 6 percent of such amount (if such 
                        amount is $300,000,000 or more) may be used to 
                        carry out this section.
                    ``(B) Minimum.--For each of fiscal years 2021 
                through 2025, if the amount made available under 
                section 422 (not including any of such amount made 
                available for Department of Energy headquarters 
                training or technical assistance) for such fiscal year 
                is less than $225,000,000, no funds shall be made 
                available to carry out this section.
            ``(2) Limitation.--For any fiscal year, the Secretary may 
        not use more than $25,000,000 of the amount made available 
        under section 422 to carry out this section.
    ``(k) Termination.--The Secretary may not award financial 
assistance under this section after September 30, 2024.''.
            (2) Table of contents.--The table of contents for the 
        Energy Conservation and Production Act is amended by inserting 
        after the item relating to section 414C the following:

``Sec. 414D. Financial assistance for WAP enhancement and 
                            innovation.''.
    (f) Hiring.--
            (1) In general.--The Energy Conservation and Production Act 
        is amended by inserting after section 414D (as added by 
        subsection (e) of this section) the following:

``SEC. 414E. HIRING.

    ``The Secretary may, as the Secretary determines appropriate, 
encourage entities receiving funding from the Federal Government or 
from a State through a weatherization program under section 413 or 
section 414, to prioritize the hiring and retention of employees who 
are individuals described in section 414D(a)(5).''.
            (2) Table of contents.--The table of contents for the 
        Energy Conservation and Production Act is amended by inserting 
        after the item relating to section 414D the following:

``Sec. 414E. Hiring.''.
    (g) Increase in Administrative Funds.--Section 415(a)(1) of the 
Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is 
amended by striking ``10 percent'' and inserting ``15 percent''.
    (h) Amending Re-Weatherization Date.--Paragraph (2) of section 
415(c) of the Energy Conservation and Production Act (42 U.S.C. 
6865(c)) is amended to read as follows:
    ``(2) Dwelling units weatherized (including dwelling units 
partially weatherized) under this part, or under other Federal programs 
(in this paragraph referred to as `previous weatherization'), may not 
receive further financial assistance for weatherization under this part 
until the date that is 15 years after the date such previous 
weatherization was completed. This paragraph does not preclude dwelling 
units that have received previous weatherization from receiving 
assistance and services (including the provision of information and 
education to assist with energy management and evaluation of the 
effectiveness of installed weatherization materials) other than 
weatherization under this part or under other Federal programs, or from 
receiving non-Federal assistance for weatherization.''.
    (i) Annual Report.--Section 421 of the Energy Conservation and 
Production Act (42 U.S.C. 6871) is amended by inserting ``the number of 
multifamily buildings in which individual dwelling units were 
weatherized during the previous year, the number of individual dwelling 
units in multifamily buildings weatherized during the previous year,'' 
after ``the average size of the dwellings being weatherized,''.

SEC. 33232. REPORT ON WAIVERS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Energy shall submit to Congress a report on the status 
of any request made after September 30, 2010, for a waiver of any 
requirement under section 200.313 of title 2, Code of Federal 
Regulations, as such requirement applies with respect to the 
weatherization assistance program under part A of title IV of the 
Energy Conservation and Production Act (42 U.S.C. 6861 et seq.), 
including a description of any such waiver that has been granted and 
any such request for a waiver that has been considered but not granted.

         CHAPTER 3--ENERGY EFFICIENT CONSERVATION BLOCK GRANTS

SEC. 33241. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.

    (a) Purpose.--Section 542(b)(1) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17152(b)(1)) is amended--
            (1) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;
            (2) in subparagraph (B), by striking the semicolon and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(C) diversifies energy supplies, including by 
                facilitating and promoting the use of alternative 
                fuels;''.
    (b) Use of Funds.--Section 544(9) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17154(9)) is amended to read as 
follows:
            ``(9) deployment of energy distribution technologies that 
        significantly increase energy efficiency or expand access to 
        alternative fuels, including--
                    ``(A) distributed resources;
                    ``(B) district heating and cooling systems; and
                    ``(C) infrastructure for delivering alternative 
                fuels;''.
    (c) Competitive Grants.--Section 546(c)(2) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 17156(c)(2)) is 
amended by inserting ``, including projects to expand the use of 
alternative fuels'' before the period at the end.
    (d) Funding.--Section 548(a) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17158(a)) is amended to read as 
follows:
    ``(a) Authorization of Appropriations.--
            ``(1) Grants.--There is authorized to be appropriated to 
        the Secretary to carry out the program $3,500,000,000 for each 
        of fiscal years 2021 through 2025.
            ``(2) Administrative costs.--The Secretary may use for 
        administrative expenses of the program not more than 1 percent 
        of the amounts made available under paragraph (1) in each of 
        fiscal years 2021 through 2025.''.
    (e) Technical Amendments.--Section 543 of the Energy Independence 
and Security Act of 2007 (42 U.S.C. 17153) is amended--
            (1) in subsection (c), by striking ``subsection (a)(2)'' 
        and inserting ``subsection (a)(3)''; and
            (2) in subsection (d), by striking ``subsection (a)(3)'' 
        and inserting ``subsection (a)(4)''.

       CHAPTER 4--FEDERAL ENERGY AND WATER MANAGEMENT PERFORMANCE

SEC. 33251. ENERGY AND WATER PERFORMANCE REQUIREMENT FOR FEDERAL 
              FACILITIES.

    (a) In General.--Section 543 of the National Energy Conservation 
Policy Act (42 U.S.C. 8253) is amended--
            (1) in the section heading, by inserting ``and Water'' 
        after ``Energy'';
            (2) in subsection (a)--
                    (A) in the subsection heading, by striking ``Energy 
                Performance Requirement for Federal Buildings'' and 
                inserting ``Energy and Water Performance Requirement 
                for Federal Facilities'';
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Subject to paragraph (2), the head of 
        each agency shall--
                    ``(A) for each of fiscal years 2020 through 2030, 
                reduce average facility energy intensity (as measured 
                in British thermal units per gross square foot) at 
                facilities of the agency by 2.5 percent each fiscal 
                year relative to the average facility energy intensity 
                of the facilities of the agency in fiscal year 2018;
                    ``(B) for each of fiscal years 2020 through 2030, 
                improve water use efficiency and management, including 
                stormwater management, at facilities of the agency by 
                reducing agency water consumption intensity--
                            ``(i) by reducing the potable water 
                        consumption by 54 percent by fiscal year 2030, 
                        relative to the potable water consumption at 
                        facilities of the agency in fiscal year 2007, 
                        through reductions of 2 percent each fiscal 
                        year (as measured in gallons per gross square 
                        foot);
                            ``(ii) by reducing the industrial, 
                        landscaping, and agricultural water consumption 
                        of the agency, as compared to a baseline of 
                        that consumption at facilities of the agency in 
                        fiscal year 2010, through reductions of 2 
                        percent each fiscal year (as measured in 
                        gallons); and
                            ``(iii) by installing appropriate 
                        infrastructure features at facilities of the 
                        agency to improve stormwater and wastewater 
                        management; and
                    ``(C) to the maximum extent practicable, in 
                carrying out subparagraphs (A) and (B), take measures 
                that are life cycle cost-effective.'';
                    (C) in paragraph (2)--
                            (i) by striking ``(2) An agency'' and 
                        inserting the following:
            ``(2) Energy and water intensive facility exclusion.--An 
        agency'';
                            (ii) by striking ``building'' and inserting 
                        ``facility'';
                            (iii) by inserting ``and water'' after 
                        ``energy'' each place it appears; and
                            (iv) by striking ``buildings'' and 
                        inserting ``facilities''; and
                    (D) by striking paragraph (3) and inserting the 
                following:
            ``(3) Recommendations.--Not later than December 31, 2029, 
        the Secretary shall--
                    ``(A) review the results of the implementation of 
                the energy and water performance requirements 
                established under paragraph (1); and
                    ``(B) submit to Congress recommendations concerning 
                energy and water performance requirements for fiscal 
                years 2031 through 2040.'';
            (3) in subsection (b)--
                    (A) in the subsection heading, by inserting ``and 
                Water'' after ``Energy''; and
                    (B) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--Each agency shall--
                    ``(A) not later than October 1, 2020, to the 
                maximum extent practicable, begin installing in 
                facilities owned by the United States all energy and 
                water conservation measures determined by the Secretary 
                to be life cycle cost-effective; and
                    ``(B) complete the installation described in 
                subparagraph (A) as soon as practicable after the date 
                referred to in that subparagraph.'';
            (4) in subsection (c)--
                    (A) in paragraph (1)--
                            (i) by striking ``Federal building or 
                        collection of Federal buildings'' each place it 
                        appears and inserting ``Federal facility'';
                            (ii) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``An agency'' and 
                                inserting ``The head of each agency''; 
                                and
                                    (II) by inserting ``or water'' 
                                after ``energy'' each place it appears; 
                                and
                            (iii) in subparagraph (B)(i), by inserting 
                        ``or water'' after ``energy'';
                    (B) in paragraph (2)--
                            (i) by striking ``buildings'' and inserting 
                        ``facilities''; and
                            (ii) by striking ``building'' and inserting 
                        ``facility''; and
                    (C) in paragraph (3), by adding at the end the 
                following: ``Not later than 1 year after the date of 
                enactment of the Moving Forward Act, the Secretary 
                shall issue guidelines to establish criteria for 
                exclusions to water performance requirements under 
                paragraph (1). The Secretary shall update the criteria 
                for exclusions under this subsection as appropriate to 
                reflect changing technology and other conditions.'';
            (5) in subsection (d)(2)--
                    (A) by inserting ``and water'' after ``energy''; 
                and
                    (B) by striking ``buildings'' and inserting 
                ``facilities'';
            (6) in subsection (e)--
                    (A) in the subsection heading, by inserting ``and 
                Water'' after ``Energy'';
                    (B) in paragraph (1)--
                            (i) by striking ``By October 1'' and 
                        inserting the following:
                    ``(A) Energy.--By October 1'';
                            (ii) by striking ``buildings'' each place 
                        it appears and inserting ``facilities''; and
                            (iii) by adding at the end the following:
                    ``(B) Water.--By February 1, 2025, in accordance 
                with guidelines established by the Secretary under 
                paragraph (2), each agency shall use water meters at 
                facilities of the agency where doing so will assist in 
                reducing the cost of water used at such facilities.'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``and'' before 
                                ``Federal'';
                                    (II) by inserting ``and any other 
                                person the Secretary deems necessary,'' 
                                before ``shall''; and
                                    (III) by striking ``paragraph 
                                (1).'' and inserting ``paragraph 
                                (1)(A). Not later than 180 days after 
                                the date of enactment of the Moving 
                                Forward Act, the Secretary, in 
                                consultation with such departments and 
                                entities, shall establish guidelines 
                                for agencies to carry out paragraph 
                                (1)(B).'';
                            (ii) in subparagraph (B)--
                                    (I) by amending clause (i)(II) to 
                                read as follows:
                                    ``(II) the extent to which metering 
                                is expected to result in increased 
                                potential for energy and water 
                                management, increased potential for 
                                energy and water savings, energy and 
                                water efficiency improvements, and cost 
                                savings due to utility contract 
                                aggregation; and'';
                                    (II) in clause (ii), by inserting 
                                ``and water'' after ``energy'';
                                    (III) in clause (iii), by striking 
                                ``buildings'' and inserting 
                                ``facilities''; and
                                    (IV) in clause (iv), by striking 
                                ``energy use of a Federal building'' 
                                and inserting ``energy and water use of 
                                a Federal facility''; and
                    (D) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``this paragraph'' 
                                and inserting ``the Moving Forward 
                                Act''; and
                                    (II) by inserting ``and water'' 
                                before ``use in''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``buildings'' each 
                                place it appears and inserting 
                                ``facilities''; and
                                    (II) in clause (ii), in the matter 
                                preceding subclause (I), by inserting 
                                ``and water'' after ``energy'';
            (7) in subsection (f)--
                    (A) in the subsection heading, by striking 
                ``Buildings'' and inserting ``Facilities'';
                    (B) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``In this subsection'' and 
                        inserting ``In this section'';
                            (ii) in subparagraph (B)(i)(II), by 
                        inserting ``and water'' after ``energy''; and
                            (iii) in subparagraph (C)(i), by inserting 
                        ``that consumes energy or water and is'' before 
                        ``owned or operated'';
                    (C) in paragraph (2)--
                            (i) in subparagraph (A), by inserting ``and 
                        water'' before ``use''; and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``energy'' before 
                                ``efficiency''; and
                                    (II) by inserting ``or water'' 
                                before ``use'';
                    (D) in paragraph (7)(B)(ii)(II), by inserting ``and 
                water'' after ``energy'';
                    (E) in paragraph (8)--
                            (i) by striking ``building'' each place it 
                        appears and inserting ``facility'';
                            (ii) in subparagraph (A), by adding at the 
                        end the following: ``The energy manager shall 
                        enter water use data for each metered facility 
                        that is (or is a part of) a facility that meets 
                        the criteria established by the Secretary under 
                        paragraph (2)(B) into a facility water use 
                        benchmarking system.''; and
                            (iii) in subparagraph (B), by striking 
                        ``this subsection'' and inserting ``the date of 
                        enactment of the Moving Forward Act''; and
                    (F) in paragraph (9)(A), in the matter preceding 
                clause (i), by inserting ``and water'' after 
                ``energy''; and
            (8) in subsection (g)(1)--
                    (A) by striking ``building'' and inserting 
                ``facility''; and
                    (B) by striking ``energy efficient'' and inserting 
                ``energy and water efficient''.
    (b) Conforming Amendment.--The table of contents for the National 
Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is 
amended by striking the item relating to section 543 and inserting the 
following:

``Sec. 543. Energy and water management requirements.''.

SEC. 33252. FEDERAL ENERGY MANAGEMENT PROGRAM.

    Section 543 of the National Energy Conservation Policy Act (42 
U.S.C. 8253) is amended by adding at the end the following:
    ``(h) Federal Energy Management Program.--
            ``(1) In general.--The Secretary shall carry out a program, 
        to be known as the `Federal Energy Management Program' 
        (referred to in this subsection as the `Program'), to 
        facilitate the implementation by the Federal Government of 
        cost-effective energy and water management and energy-related 
        investment practices--
                    ``(A) to coordinate and strengthen Federal energy 
                and water resilience; and
                    ``(B) to promote environmental stewardship.
            ``(2) Federal director.--The Secretary shall appoint an 
        individual to serve as the director of the Program (referred to 
        in this subsection as the `Federal Director'), which shall be a 
        career position in the Senior Executive service, to administer 
        the Program.
            ``(3) Program activities.--
                    ``(A) Strategic planning and technical 
                assistance.--In administering the Program, the Federal 
                Director shall--
                            ``(i) provide technical assistance and 
                        project implementation support and guidance to 
                        agencies to identify, implement, procure, and 
                        track energy and water conservation measures 
                        required under this Act and under other 
                        provisions of law;
                            ``(ii) in coordination with the 
                        Administrator of the General Services 
                        Administration, establish appropriate 
                        procedures, methods, and best practices for use 
                        by agencies to select, monitor, and terminate 
                        contracts entered into pursuant to a utility 
                        incentive program under section 546(c) with 
                        utilities;
                            ``(iii) carry out the responsibilities of 
                        the Secretary under section 801, as determined 
                        appropriate by the Secretary;
                            ``(iv) establish and maintain internet-
                        based information resources and project 
                        tracking systems and tools for energy and water 
                        management;
                            ``(v) coordinate comprehensive and 
                        strategic approaches to energy and water 
                        resilience planning for agencies; and
                            ``(vi) establish a recognition program for 
                        Federal achievement in energy and water 
                        management, energy-related investment 
                        practices, environmental stewardship, and other 
                        relevant areas, through events such as 
                        individual recognition award ceremonies and 
                        public announcements.
                    ``(B) Energy and water management and reporting.--
                In administering the Program, the Federal Director 
                shall--
                            ``(i) track and report on the progress of 
                        agencies in meeting the requirements of the 
                        agency under this section;
                            ``(ii) make publicly available agency 
                        performance data required under--
                                    ``(I) this section and sections 
                                544, 546, 547, and 548; and
                                    ``(II) section 203 of the Energy 
                                Policy Act of 2005 (42 U.S.C. 15852);
                            ``(iii)(I) collect energy and water use and 
                        consumption data from each agency; and
                            ``(II) based on that data, submit to each 
                        agency a report that will facilitate the energy 
                        and water management, energy-related investment 
                        practices, and environmental stewardship of the 
                        agency in support of Federal goals under this 
                        Act and under other provisions of law;
                            ``(iv) carry out the responsibilities of 
                        the Secretary under section 305 of the Energy 
                        Conservation and Production Act (42 U.S.C. 
                        6834);
                            ``(v) in consultation with the 
                        Administrator of the General Services 
                        Administration, acting through the head of the 
                        Office of High-Performance Green Buildings, 
                        establish and implement sustainable design 
                        principles for Federal facilities; and
                            ``(vi) designate products that meet the 
                        highest energy conservation standards for 
                        categories not covered under the Energy Star 
                        program established under section 324A of the 
                        Energy Policy and Conservation Act (42 U.S.C. 
                        6294a).
                    ``(C) Federal interagency coordination.--In 
                administering the Program, the Federal Director shall--
                            ``(i) develop and implement accredited 
                        training consistent with existing Federal 
                        programs and activities--
                                    ``(I) relating to energy and water 
                                use, management, and resilience in 
                                Federal facilities, energy-related 
                                investment practices, and environmental 
                                stewardship; and
                                    ``(II) that includes in-person 
                                training, internet-based programs, and 
                                national in-person training events;
                            ``(ii) carry out the functions of the 
                        Secretary with respect to the Interagency 
                        Energy Management Task Force under section 547; 
                        and
                            ``(iii) report on the implementation of the 
                        priorities of the President, including 
                        Executive orders, relating to energy and water 
                        use in Federal facilities, in coordination 
                        with--
                                    ``(I) the Office of Management and 
                                Budget;
                                    ``(II) the Council on Environmental 
                                Quality; and
                                    ``(III) any other entity, as 
                                considered necessary by the Federal 
                                Director.
                    ``(D) Facility and fleet optimization.--In 
                administering the Program, the Federal Director shall 
                develop guidance, supply assistance to, and track the 
                progress of agencies--
                            ``(i) in conducting portfolio-wide facility 
                        energy and water resilience planning and 
                        project integration;
                            ``(ii) in building new construction and 
                        major renovations to meet the sustainable 
                        design and energy and water performance 
                        standards required under this section;
                            ``(iii) in developing guidelines for--
                                    ``(I) facility commissioning; and
                                    ``(II) facility operations and 
                                maintenance; and
                            ``(iv) in coordination with the 
                        Administrator of the General Services 
                        Administration, in meeting statutory and agency 
                        goals for Federal fleet vehicles.
            ``(4) Management council.--The Federal Director shall 
        establish a management council to advise the Federal Director 
        that shall--
                    ``(A) convene not less frequently than once every 
                quarter; and
                    ``(B) consist of representatives from--
                            ``(i) the Council on Environmental Quality;
                            ``(ii) the Office of Management and Budget; 
                        and
                            ``(iii) the Office of Federal High-
                        Performance Green Buildings in the General 
                        Services Administration.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Secretary to carry out this 
        subsection $36,000,000 for each of fiscal years 2021 through 
        2025.''.

             CHAPTER 5--TARGETED RESIDENTIAL TREE-PLANTING

SEC. 33261. DEFINITIONS.

    As used in this chapter:
            (1) The term ``nonprofit tree-planting organization'' means 
        any organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986 (26 U.S.C. 501(c)(3)), that is exempt from 
        taxation under section 501(a) of such Code (26 U.S.C. 501(a)), 
        which exists, in whole or in part, to--
                    (A) expand urban and residential tree cover;
                    (B) distribute young trees for planting;
                    (C) increase awareness of the environmental and 
                energy-related benefits of trees;
                    (D) educate the public about proper tree planting, 
                care, and maintenance strategies; or
                    (E) carry out any combination of the foregoing 
                activities.
            (2) The term ``retail power provider'' means any entity 
        authorized under applicable State or Federal law to generate, 
        distribute, or provide retail electricity, natural gas, or fuel 
        oil service.
            (3) The term ``Secretary'' means the Secretary of Energy.
            (4) The term ``State'' means each of the several States, 
        the District of Columbia, and each commonwealth, territory, or 
        possession of the United States.

SEC. 33262. GRANT PROGRAM.

    (a) Authority.--The Secretary shall establish a grant program to 
provide financial assistance to retail power providers to support the 
establishment of new, or continued operation of existing, targeted 
residential tree-planting programs.
    (b) Cooperation.--In carrying out the grant program established 
pursuant to subsection (a), the Secretary may cooperate with, and 
provide assistance for such cooperation to, State foresters or 
equivalent State officials or Indian Tribes.
    (c) Requirements for Tree-Planting Programs.--In order to qualify 
for assistance under the grant program established pursuant to 
subsection (a), a retail power provider shall, in accordance with this 
chapter, establish and operate, or continue operating, a targeted 
residential tree-planting program that meets each of the following 
requirements:
            (1) The program shall provide free or discounted shade-
        providing or wind-reducing trees to residential consumers. If 
        providing free and discounted trees under the program, priority 
        for free trees shall be given to areas where the average annual 
        income is below the regional median.
            (2) The program shall either provide trees to plant to--
                    (A) provide maximum amounts of shade during summer 
                intervals when residences are exposed to the most sun 
                intensity; or
                    (B) provide maximum amounts of wind protection 
                during fall and winter intervals when residences are 
                exposed to the most wind intensity.
            (3) The program shall use the best available science to 
        create, as needed, and utilize tree-siting guidelines which 
        dictate where the optimum tree species are best planted in 
        locations that ensure adequate root development and that 
        achieve maximum reductions in consumer energy demand while 
        causing the least disruption to public infrastructure, 
        considering overhead and underground facilities. Such 
        guidelines shall--
                    (A) include the species and minimum size of trees 
                that are mostly likely to result in a successful tree 
                planting; and
                    (B) outline the minimum distance required--
                            (i) between the trees that are being 
                        planted; and
                            (ii) between such trees and building 
                        foundations, air conditioning units, driveways 
                        and walkways, property fences, preexisting 
                        utility infrastructure, septic systems, 
                        swimming pools, and other infrastructure as 
                        determined appropriate; and
                    (C) ensure that trees planted under the tree-
                planting program near existing power lines will not 
                interfere with energized electricity distribution lines 
                when mature.
            (4) The program shall provide that no new trees will be 
        planted under or adjacent to high-voltage electric transmission 
        lines without prior consultation with the retail power provider 
        with jurisdiction over such transmission lines.
            (5) The program shall provide tree recipients with tree 
        planting and tree care instruction and education prior to or in 
        conjunction with delivery of free or discounted trees.
            (6) The program shall provide for engagement and 
        collaboration with community members that will be affected by 
        the program.
            (7) The program shall provide tree care assistance for 
        trees planted under the program for a period of time, to be 
        determined by the retail power provider, in consultation with 
        the nonprofit tree-planting organization, local municipal 
        government, or conservation district with which the retail 
        power provider has entered into an agreement described in 
        subsection (e) and the applicable local technical advisory 
        committee established pursuant to subsection (f), to ensure 
        long-term survival of the trees.
            (8) The program has been certified by the Secretary that it 
        is designed to achieve the requirements set forth in paragraphs 
        (1) through (7). In designating criteria for such 
        certification, the Secretary shall collaborate with the Forest 
        Service's Urban and Community Forestry Program, and may consult 
        with the Administrator of the Environmental Protection Agency, 
        to ensure that such criteria are consistent with such 
        requirements.
    (d) New Program Funding Share.--The Secretary shall ensure that no 
less than 30 percent of the funds made available under this chapter are 
distributed to retail power providers that--
            (1) have not previously established or operated a targeted 
        residential tree-planting program that meets the requirements 
        described in subsection (c); or
            (2) are operating a targeted residential tree-planting 
        program that meets the requirements described in subsection (c) 
        which was established no more than three years prior to the 
        date of enactment of this Act.
    (e) Agreements Between Retail Power Providers and Nonprofit Tree-
Planting Organizations.--
            (1) Grant authorization.--The Secretary may provide 
        assistance under the grant program established pursuant to 
        subsection (a) only to a retail power provider that has entered 
        into a binding legal agreement with a nonprofit tree-planting 
        organization.
            (2) Conditions of agreement.--An agreement between a retail 
        power provider and a nonprofit tree-planting organization 
        described in paragraph (1) shall set forth conditions under 
        which such nonprofit tree-planting organization shall carry out 
        a targeted residential tree-planting program that is 
        established or operated by the retail power provider. Such 
        conditions--
                    (A) shall require the nonprofit tree-planting 
                organization to participate in a local technical 
                advisory committee in accordance with subsection (f); 
                and
                    (B) may require the nonprofit tree-planting 
                organization to--
                            (i) coordinate volunteer recruitment to 
                        assist with the physical act of planting trees 
                        in residential locations under the tree-
                        planting program;
                            (ii) support a workforce development 
                        program that trains a local workforce and 
                        assists with job-placement;
                            (iii) undertake a public awareness campaign 
                        to educate local residents about the benefits, 
                        cost savings, and availability of free trees;
                            (iv) establish education and information 
                        campaigns to encourage recipients of trees 
                        under the tree-planting program to maintain 
                        their trees over the long term;
                            (v) serve as the point of contact for 
                        existing and potential residential participants 
                        who have questions or concerns regarding the 
                        tree-planting program;
                            (vi) require recipients of trees under the 
                        tree-planting program to sign agreements 
                        committing to voluntary stewardship and care of 
                        provided trees; and
                            (vii) monitor and report on the survival, 
                        growth, overall health, and estimated energy 
                        savings of trees provided under the tree-
                        planting program up until the end of their 
                        establishment period, which shall be no less 
                        than 5 years.
            (3) Lack of nonprofit tree-planting organization.--If a 
        nonprofit tree-planting organization does not exist or operate 
        within the area served by a retail power provider applying for 
        assistance under this section, the requirements of this section 
        shall apply to binding legal agreements entered into by such 
        retail power provider and one of the following entities:
                    (A) A local municipal government with jurisdiction 
                over the urban or suburban forest.
                    (B) A conservation district.
    (f) Technical Advisory Committees.--
            (1) Condition.--In order to qualify for assistance under 
        the grant program established pursuant to subsection (a), a 
        retail power provider shall agree to consult with the nonprofit 
        tree-planting organization, local municipal government, or 
        conservation district with which the retail power provider has 
        entered into an agreement described in subsection (e) and State 
        foresters or equivalent State officials to establish a local 
        technical advisory committee described in paragraph (2) not 
        later than 30 days after receiving such assistance.
            (2) Description.--A local technical advisory committee 
        shall provide advice to, and consult with, a retail power 
        provider and nonprofit tree-planting organization, local 
        municipal government, or conservation district regarding the 
        applicable targeted residential tree-planting program. The 
        advisory committee may--
                    (A) design and adopt an approved plant list for the 
                tree-planting program that emphasizes the use of hardy, 
                noninvasive tree species and, where geographically 
                appropriate, the use of native or low water-use shade 
                trees, or both;
                    (B) design and adopt planting, installation, and 
                maintenance specifications and create a process for 
                inspection and quality control for the tree-planting 
                program;
                    (C) assist in developing long-term care and 
                maintenance instructions for recipients of trees under 
                the tree-planting program;
                    (D) assist the retail power provider and nonprofit 
                tree-planting organization, local municipal government, 
                or conservation district, as appropriate, with public 
                outreach and education regarding the tree-planting 
                program;
                    (E) assist in establishing a procedure for 
                monitoring and collection of data on tree health, tree 
                survival, and energy conservation benefits generated by 
                the tree-planting program;
                    (F) provide guidelines and recommendations for 
                establishing or supporting existing workforce 
                development programs as part of, and for prioritizing 
                local hiring under, a tree-planting program; and
                    (G) assist the retail power provider in maintaining 
                and compiling information regarding the tree-planting 
                program for purposes of the reports described in 
                subsection (i)(1).
            (3) Compensation.--Individuals serving on a local technical 
        advisory committee shall not receive compensation for their 
        service.
            (4) Composition.--Local technical advisory committees shall 
        be composed of representatives from public, private, and 
        nongovernmental organizations with expertise in demand-side 
        energy efficiency management, urban forestry, arboriculture, or 
        landscape architecture, and shall be composed of the following:
                    (A) Up to four persons, but no less than one 
                person, representing the retail power provider 
                receiving assistance under this section.
                    (B) Up to four persons, but no less than one 
                person, representing the nonprofit tree-planting 
                organization that has entered into an agreement 
                described in subsection (e) with the retail power 
                provider to carry out the applicable targeted 
                residential tree-planting program.
                    (C) Up to three persons representing local 
                nonprofit conservation or environmental organizations. 
                Preference shall be given to those organizations which 
                are organized under section 501(c)(3) of the Internal 
                Revenue Code of 1986, and which have demonstrated 
                expertise engaging the public in energy conservation, 
                energy efficiency, or green building practices or a 
                combination thereof. No single organization may be 
                represented by more than one individual under this 
                subparagraph.
                    (D) Up to two persons representing a local 
                affordable housing agency, affordable housing builder, 
                or community development corporation.
                    (E) Up to three, but no less than one, persons 
                representing local city or county government for each 
                municipality where a targeted residential tree-planting 
                program will take place and at least one of these 
                representatives shall be the city or county forester, 
                city or county arborist, conservation district forester 
                or functional equivalent.
                    (F) Up to one person representing the local 
                government agency responsible for management of roads, 
                sewers, and infrastructure, including public works 
                departments, transportation agencies, or equivalents.
                    (G) Up to two persons representing the nursery and 
                landscaping industry.
                    (H) Up to two persons, but no less than one person, 
                representing State foresters, landscape architects, or 
                equivalent State officials.
                    (I) Up to three persons representing the research 
                community or academia with expertise in natural 
                resources or energy management issues.
            (5) Chairperson.--
                    (A) In general.--Each local technical advisory 
                committee shall elect a chairperson to preside over 
                committee meetings, act as a liaison to governmental 
                and other outside entities, and direct the general 
                operation of the committee.
                    (B) Eligibility.--Only committee representatives 
                under paragraph (4)(A) or paragraph (4)(B) shall be 
                eligible to act as a local technical advisory committee 
                chairperson.
            (6) Credentials.--At least one of the members of each local 
        technical advisory committee shall be certified with one or 
        more of the following credentials:
                    (A) Certified Arborist, International Society of 
                Arboriculture.
                    (B) Certified Forester, Society of American 
                Foresters.
                    (C) Certified Arborist Municipal Specialist, 
                International Society of Arboriculture.
                    (D) Certified Arborist Utility Specialist, 
                International Society of Arboriculture.
                    (E) Board Certified Master Arborist, International 
                Society of Arboriculture.
                    (F) Licensed landscape architect, American Society 
                of Landscape Architects.
    (g) Cost Share Program.--
            (1) Federal share.--The Federal share of support for any 
        targeted residential tree-planting program funded under this 
        section shall not exceed 50 percent of the cost of such program 
        and shall be provided on a matching basis.
            (2) Non-federal share.--The non-Federal share of such costs 
        may be paid or contributed by any governmental or 
        nongovernmental entity other than from funds derived directly 
        or indirectly from an agency or instrumentality of the United 
        States.
    (h) Competitive Grant Procedures.--Not later than 90 days after the 
date of enactment of this Act, after notice and opportunity for 
comment, the Secretary shall establish procedures for a public, 
competitive grants process through which retail power providers may 
apply for assistance under this section.
    (i) Reports.--
            (1) To the secretary.--Not later than 1 year after 
        receiving assistance under the grant program established 
        pursuant to subsection (a), and each subsequent year for the 
        duration of the grant, each such recipient shall submit to the 
        Secretary a report describing the results of the activities 
        funded by such assistance, including as applicable--
                    (A) the number of trees planted under the 
                applicable targeted residential tree-planting program;
                    (B) the benefits of the applicable targeted 
                residential tree-planting program to the local 
                community;
                    (C) any barriers to planting trees as part of the 
                applicable targeted residential tree-planting program; 
                and
                    (D) any other information the Secretary considers 
                appropriate.
            (2) To congress.--Not later than 3 years after providing 
        assistance under the grant program established pursuant to 
        subsection (a), and each year after, the Secretary shall submit 
        to Congress a report that includes--
                    (A) the number of applications for assistance under 
                the program received and funded, annually;
                    (B) the number of trees planted under the targeted 
                residential tree-planting programs for which assistance 
                is provided under the program;
                    (C) the benefits of such tree-planting programs, 
                including those related to climate change, energy 
                savings, and stormwater runoff;
                    (D) any barriers to planting trees in communities;
                    (E) recommendations for improving the grant 
                program; and
                    (F) any other information the Secretary considers 
                appropriate.

SEC. 33263. PUBLIC RECOGNITION INITIATIVE.

    (a) Arbor City of America.--The Secretary shall annually--
            (1) designate a city, municipality, community, or other 
        area as the Secretary determines appropriate, as the ``Arbor 
        City of America'' to recognize superior efforts in increasing 
        tree canopy coverage and assisting residents in reducing energy 
        costs through tree planting; and
            (2) provide funding to such city, municipality, community, 
        or other area to carry out projects that increase green 
        infrastructure or green spaces within such city, municipality, 
        community, or other area.
    (b) Procedures.--Not later than 90 days after the date of enactment 
of this Act, after notice and opportunity for comment, the Secretary 
shall establish procedures for carrying out this section.

SEC. 33264. NONDUPLICITY.

    Nothing in this chapter shall be construed to supersede, duplicate, 
cancel, or negate the programs or authorities provided under section 9 
of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105).

SEC. 33265. AUTHORIZATION OF APPROPRIATIONS.

    For each of fiscal years 2021 through 2025, there are authorized to 
be appropriated $5,000,000 to carry out this chapter, of which $250,000 
shall be used to provide funding to the applicable city, municipality, 
community, or other area designated under section 33263 as the Arbor 
City of America for such year for projects described in such section.

                  CHAPTER 6--INDUSTRIAL ENERGY SAVINGS

SEC. 33271. REBATE PROGRAM FOR ENERGY EFFICIENT ELECTROTECHNOLOGIES.

    (a) Definitions.--In this section:
            (1) Energy efficient electrotechnology.--The term ``energy 
        efficient electrotechnology'' means--
                    (A) any electric technology that, when used instead 
                of a fossil fuel-fired technology in an industrial 
                process results in--
                            (i) energy efficiency, or production 
                        efficiency, gains; or
                            (ii) environmental benefits; or
                    (B) any electric technology that, when used instead 
                of a fossil fuel-fired technology in an industrial 
                application results in--
                            (i) improvements in on-site logistics or 
                        material handling; and
                            (ii) energy efficiency gains and 
                        environmental benefits.
            (2) Qualified entity.--The term ``qualified entity'' means 
        an industrial or manufacturing facility, commercial building, 
        or a utility or energy service company.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
    (b) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Secretary shall establish a program to 
provide rebates in accordance with this section.
    (c) Rebates.--The Secretary may provide a rebate under the program 
established under subsection (b) to the owner or operator of a 
qualified entity for expenditures made by the owner or operator of the 
qualified entity for an energy efficient electrotechnology that is used 
to replace a fossil fuel-fired technology.
    (d) Requirements.--To be eligible to receive a rebate under this 
section, the owner or operator of a qualified entity shall submit to 
the Secretary an application demonstrating--
            (1) that the owner or operator of the qualified entity 
        purchased an energy efficient electrotechnology;
            (2) the energy efficiency gains, production efficiency 
        gains, and environmental benefits, as applicable, resulting 
        from use of the energy efficient electrotechnology--
                    (A) as measured by a qualified professional or 
                verified by the energy efficient electrotechnology 
                manufacturer, as applicable; or
                    (B) as determined by the Secretary;
            (3) that the fossil fuel-fired technology replaced by the 
        energy efficient electrotechnology has been permanently 
        decommissioned and scrapped; and
            (4) that all laborers and mechanics who were involved in 
        the installation or maintenance, or construction or renovation 
        to support such installation or maintenance, of the energy 
        efficient electrotechnology, or the decommissioning and 
        scrapping of the fossil fuel-fired technology replaced by the 
        energy efficient electrotechnology, and who were employed by 
        the owner or operator of the qualified entity, or contractors 
        or subcontractors at any tier thereof, were paid wages at rates 
        not less than those prevailing on projects of a character 
        similar in the locality as determined by the Secretary of Labor 
        in accordance with subchapter IV of chapter 31 of title 40, 
        United States Code (commonly referred to as the ``Davis-Bacon 
        Act'').
    (e) Limitation.--The Secretary may not provide a rebate under the 
program established under subsection (b) to an owner or operator of a 
qualified entity for expenditures made by the owner or operator of the 
qualified entity for an energy efficient electrotechnology that is used 
to replace a fossil fuel-fired technology if the Secretary determines 
that such expenditures were necessary for the owner or operator to 
comply with Federal or State law.
    (f) Authorized Amount of Rebate.--The amount of a rebate provided 
under this section shall be not less than 30 percent, and not more than 
50 percent, of the overall cost of the energy efficient 
electrotechnology, including installation costs.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2020 through 2024.

                          Subtitle C--Vehicles

                            CHAPTER 1--DERA

SEC. 33301. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION PROGRAM.

    Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 
16137(a)) is amended by striking ``$100,000,000 for each of fiscal 
years 2012 through 2016'' and inserting ``$500,000,000 for each of 
fiscal years 2021 through 2025''.

                   CHAPTER 2--CLEAN COMMUTE FOR KIDS

SEC. 33311. REAUTHORIZATION OF CLEAN SCHOOL BUS PROGRAM.

    (a) Definitions.--
            (1) Alternative fuel.--Section 741(a)(2) of the Energy 
        Policy Act of 2005 (42 U.S.C. 16091(a)) is amended--
                    (A) in subparagraph (B), by striking ``or'' after 
                the semicolon;
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) electricity.''.
            (2) Clean school bus.--Paragraph (3) of section 741(a) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16091(a)) is amended 
        to read as follows:
            ``(3) Clean school bus.--The term `clean school bus' 
        means--
                    ``(A) a school bus with a gross vehicle weight of 
                greater than 14,000 pounds that--
                            ``(i) is powered by a heavy duty engine; 
                        and
                            ``(ii) is operated solely on an alternative 
                        fuel or ultra-low sulfur diesel fuel; or
                    ``(B) a vehicle designed to carry more than 10 
                passengers that--
                            ``(i) complies with Federal motor vehicle 
                        safety standards for school buses; and
                            ``(ii) meets or exceeds Federal vehicle 
                        emission standards for medium-duty passenger 
                        vehicles for model year 2016.''.
    (b) Program for Retrofit or Replacement of Certain Existing School 
Buses With Clean School Buses.--
            (1) National grant, rebate, and loan programs.--
                    (A) In general.--Section 741(b)(1)(A) of the Energy 
                Policy Act of 2005 (42 U.S.C. 16091(b)(1)(A)) is 
                amended by inserting after ``awarding grants'' the 
                following: ``, rebates, and low-cost revolving loans, 
                as determined by the Administrator, including through 
                contracts pursuant to subsection (d),''.
                    (B) Conforming changes.--Section 741 of the Energy 
                Policy Act of 2005 (42 U.S.C. 16091) is amended--
                            (i) in subsection (a)(4)(B), by striking 
                        ``grant funds'' and inserting ``award funds'';
                            (ii) in subsection (b)(1)(B), by striking 
                        ``awarding grants'' each place it appears and 
                        inserting ``making awards'';
                            (iii) in the heading of subsection (b)(2), 
                        by striking ``grant applications'' and 
                        inserting ``award applications'';
                            (iv) in subsection (b)(2)(A), by striking 
                        ``grant applications'' and inserting ``award 
                        applications'';
                            (v) in subsection (b)(3)(A), by striking 
                        ``grant'' and insert ``award'';
                            (vi) and (b)(4)--
                                    (I) in the paragraph heading, by 
                                striking ``grants'' and inserting 
                                ``awards''; and
                                    (II) by striking ``award grants'' 
                                and inserting ``make awards'';
                            (vii) in subsection (b)(7)--
                                    (I) by striking ``grant awards'' 
                                and inserting ``awards''; and
                                    (II) by striking ``grant funding'' 
                                and inserting ``funding'';
                            (viii) in subsection (b)(8)(A)(ii)--
                                    (I) in subclauses (I) and (II), by 
                                striking ``grant applications'' each 
                                place it appears and inserting ``award 
                                applications''; and
                                    (II) in subclause (III)--
                                            (aa) by striking ``grants 
                                        awarded'' and inserting 
                                        ``awards made''; and
                                            (bb) by striking ``grant 
                                        recipients'' and inserting 
                                        ``award recipients''; and
                            (ix) in subsection (c)(3)--
                                    (I) in subparagraph (A)--
                                            (aa) by striking ``grant 
                                        recipients'' and inserting 
                                        ``award recipients''; and
                                            (bb) by striking ``grants'' 
                                        and inserting ``awards''; and
                                    (II) in subparagraph (C), by 
                                striking ``grant program'' and 
                                inserting ``award program''.
            (2) Priority of award applications.--Section 741(b)(2) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16091(b)(2)) is 
        amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``1977'' and inserting 
                        ``2007''; and
                            (ii) by inserting before the period at the 
                        end ``with clean school buses with low or zero 
                        emissions''; and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) Retrofitting.--In the case of award 
                applications to retrofit school buses, the 
                Administrator shall give highest priority to applicants 
                that propose to retrofit school buses manufactured in 
                or after model year 2010 to become clean school 
                buses.''.
            (3) Use of school bus fleet.--Section 741(b)(3)(B) of the 
        Energy Policy Act of 2005 (42 U.S.C. 16091(b)(3)(B)) is amended 
        by inserting ``charged,'' after ``operated,''.
            (4) Replacement awards.--Paragraph (5) of section 741(b) of 
        the Energy Policy Act of 2005 (42 U.S.C. 16091(b)) is amended 
        to read as follows:
            ``(5) Replacement awards.--In the case of awards to replace 
        school buses--
                    ``(A) the Administrator may make awards for up to 
                60 percent of the replacement costs; and
                    ``(B) such replacement costs may include the costs 
                of acquiring the clean school buses and charging and 
                fueling infrastructure.''.
            (5) Ultra low-sulfur diesel fuel.--Section 741(b) of the 
        Energy Policy Act of 2005 (42 U.S.C. 16091(b)) is amended--
                    (A) by striking paragraph (6); and
                    (B) by redesignating paragraph (7) as paragraph 
                (6).
            (6) Scrappage.--Section 741(b) of the Energy Policy Act of 
        2005 (42 U.S.C. 16091(b)) is further amended by inserting after 
        paragraph (6), as redesignated, the following new paragraph:
            ``(7) Scrappage.--In the case of an award under this 
        section for the replacement of a school bus or a retrofit 
        including installation of a new engine, the Administrator shall 
        require the recipient of the award to verify that the replaced 
        bus, or the engine of a retrofitted bus that was removed, was 
        returned to the supplier for remanufacturing to a more 
        stringent set of engine emissions standards or for 
        scrappage.''.
    (c) Education.--Paragraph (1) of section 741(c) of the Energy 
Policy Act of 2005 (42 U.S.C. 16091(c)) is amended to read as follows:
            ``(1) In general.--Not later than 90 days after the date of 
        enactment of the Clean Commute for Kids Act of 2020, the 
        Administrator shall develop an education outreach program to 
        promote and explain the award program under subsection (b), as 
        amended by such Act.''.
    (d) Contract Programs; Administrative Costs.--Section 741 of the 
Energy Policy Act of 2005 (42 U.S.C. 16091) is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Contract Programs.--
            ``(1) Authority.--In addition to the use of contracting 
        authority otherwise available to the Administrator, the 
        Administrator may enter into contracts with eligible 
        contractors described in paragraph (2) for awarding rebates and 
        low-cost revolving loans pursuant to subsection (b)(1).
            ``(2) Eligible contractors.--A contractor is an eligible 
        contractor described in this paragraph if the contractor is a 
        for-profit, not-for-profit, or nonprofit entity that has the 
        capacity--
                    ``(A) to sell clean school buses or equipment to, 
                or to arrange financing for, individuals or entities 
                that own a school bus or fleet of school buses; or
                    ``(B) to upgrade school buses or their equipment 
                with verified or Environmental Protection Agency-
                certified engines or technologies, or to arrange 
                financing for such upgrades.
    ``(e) Administrative Costs.--The Administrator may not use, for the 
administrative costs of carrying out this section, more than one 
percent of the amounts made available to carry out this section for any 
fiscal year.''.
    (e) Authorization of Appropriations.--Subsection (f), as 
redesignated, of section 741 of the Energy Policy Act of 2005 (42 
U.S.C. 16091) is amended to read as follows:
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Administrator to carry out this section, to remain 
        available until expended, $130,000,000 for each of fiscal years 
        2021 through 2025, of which not less than $45,000,000 each such 
        fiscal year shall be used for grants under this section to 
        eligible recipients proposing to replace or retrofit school 
        buses to serve an underserved or disadvantaged community.
            ``(2) Definition.--In this subsection, the term 
        `underserved or disadvantaged community' means a community 
        located in a zip code within a census tract that is identified 
        as--
                    ``(A) a low-income community;
                    ``(B) an urban community of color; or
                    ``(C) any other urban community that the 
                Administrator determines is disproportionately 
                vulnerable to, or bears a disproportionate burden of, 
                any combination of economic, social, and environmental 
                stressors.''.

SEC. 33312. STUDY ON IMPACT OF AIR POLLUTION FROM VEHICLES IDLING IN 
              SCHOOL ZONES.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary of Health and Human Services and the Administrator of the 
Environmental Protection Agency, acting jointly, shall--
            (1) complete a study on the impacts on the health of 
        children related to the emission of air pollutants from school 
        buses and other vehicles idling in school zones; and
            (2) submit a report to the Congress on the results of such 
        study.

                    CHAPTER 3--REFRIGERATED VEHICLES

SEC. 33321. PILOT PROGRAM FOR THE ELECTRIFICATION OF CERTAIN 
              REFRIGERATED VEHICLES.

    (a) Establishment of Pilot Program.--The Administrator shall 
establish and carry out a pilot program to award funds, in the form of 
grants, rebates, and low-cost revolving loans, as determined 
appropriate by the Administrator, on a competitive basis, to eligible 
entities to carry out projects described in subsection (b).
    (b) Projects.--An eligible entity receiving an award of funds under 
subsection (a) may use such funds only for one or more of the following 
projects:
            (1) Transport refrigeration unit replacement.--A project to 
        retrofit a heavy-duty vehicle by replacing or retrofitting the 
        existing diesel-powered transport refrigeration unit in such 
        vehicle with an electric transport refrigeration unit and 
        retiring the replaced unit for scrappage.
            (2) Shore power infrastructure.--A project to purchase and 
        install shore power infrastructure or other equipment that 
        enables transport refrigeration units to connect to electric 
        power and operate without using diesel fuel.
    (c) Maximum Amounts.--The amount of an award of funds under 
subsection (a) shall not exceed--
            (1) for the costs of a project described in subsection 
        (b)(1), 75 percent of such costs; and
            (2) for the costs of a project described in subsection 
        (b)(2), 55 percent of such costs.
    (d) Applications.--To be eligible to receive an award of funds 
under subsection (a), an eligible entity shall submit to the 
Administrator--
            (1) a description of the air quality in the area served by 
        the eligible entity, including a description of how the air 
        quality is affected by diesel emissions from heavy-duty 
        vehicles;
            (2) a description of the project proposed by the eligible 
        entity, including--
                    (A) any technology to be used or funded by the 
                eligible entity; and
                    (B) a description of the heavy-duty vehicle or 
                vehicles of the eligible entity, that will be 
                retrofitted, if any, including--
                            (i) the number of such vehicles;
                            (ii) the uses of such vehicles;
                            (iii) the locations where such vehicles 
                        dock for the purpose of loading or unloading; 
                        and
                            (iv) the routes driven by such vehicles, 
                        including the times at which such vehicles are 
                        driven;
            (3) an estimate of the cost of the proposed project;
            (4) a description of the age and expected lifetime control 
        of the equipment used or funded by the eligible entity; and
            (5) provisions for the monitoring and verification of the 
        project including to verify scrappage of replaced units.
    (e) Priority.--In awarding funds under subsection (a), the 
Administrator shall give priority to proposed projects that, as 
determined by the Administrator--
            (1) maximize public health benefits;
            (2) are the most cost-effective; and
            (3) will serve the communities that are most polluted by 
        diesel motor emissions, including communities that the 
        Administrator identifies as being in either nonattainment or 
        maintenance of the national ambient air quality standards for a 
        criteria pollutant, particularly for--
                    (A) ozone; and
                    (B) particulate matter.
    (f) Data Release.--Not later than 120 days after the date on which 
an award of funds is made under this section, the Administrator shall 
publish on the website of the Environmental Protection Agency, on a 
downloadable electronic database, information with respect to such 
award of funds, including--
            (1) the name and location of the recipient;
            (2) the total amount of funds awarded;
            (3) the intended use or uses of the awarded funds;
            (4) the date on which the award of funds was approved;
            (5) where applicable, an estimate of any air pollution or 
        greenhouse gas emissions avoided as a result of the project 
        funded by the award; and
            (6) any other data the Administrator determines to be 
        necessary for an evaluation of the use and effect of awarded 
        funds provided under this section.
    (g) Reports to Congress.--
            (1) Annual report to congress.--Not later than 1 year after 
        the date of the establishment of the pilot program under this 
        section, and annually thereafter until amounts made available 
        to carry out this section are expended, the Administrator shall 
        submit to Congress and make available to the public a report 
        that describes, with respect to the applicable year--
                    (A) the number of applications for awards of funds 
                received under such program;
                    (B) all awards of funds made under such program, 
                including a summary of the data described in subsection 
                (f);
                    (C) the estimated reduction of annual emissions of 
                air pollutants regulated under section 109 of the Clean 
                Air Act (42 U.S.C. 7409), and the estimated reduction 
                of greenhouse gas emissions, associated with the awards 
                of funds made under such program;
                    (D) the number of awards of funds made under such 
                program for projects in communities described in 
                subsection (e)(3); and
                    (E) any other data the Administrator determines to 
                be necessary to describe the implementation, outcomes, 
                or effectiveness of such program.
            (2) Final report.--Not later than 1 year after amounts made 
        available to carry out this section are expended, or 5 years 
        after the pilot program is established, whichever comes first, 
        the Administrator shall submit to Congress and make available 
        to the public a report that describes--
                    (A) all of the information collected for the annual 
                reports under paragraph (1);
                    (B) any benefits to the environment or human health 
                that could result from the widespread application of 
                electric transport refrigeration units for short-haul 
                transportation and delivery of perishable goods or 
                other goods requiring climate-controlled conditions, 
                including in low-income communities and communities of 
                color;
                    (C) any challenges or benefits that recipients of 
                awards of funds under such program reported with 
                respect to the integration or use of electric transport 
                refrigeration units and associated technologies;
                    (D) an assessment of the national market potential 
                for electric transport refrigeration units;
                    (E) an assessment of challenges and opportunities 
                for widespread deployment of electric transport 
                refrigeration units, including in urban areas; and
                    (F) recommendations for how future Federal, State, 
                and local programs can best support the adoption and 
                widespread deployment of electric transport 
                refrigeration units.
    (h) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Diesel-powered transport refrigeration unit.--The term 
        ``diesel-powered transport refrigeration unit'' means a 
        transport refrigeration unit that is powered by an independent 
        diesel internal combustion engine.
            (3) Electric transport refrigeration unit.--The term 
        ``electric transport refrigeration unit'' means a transport 
        refrigeration unit in which the refrigeration or climate-
        control system is driven by an electric motor when connected to 
        shore power infrastructure or other equipment that enables 
        transport refrigeration units to connect to electric power, 
        including all-electric transport refrigeration units, hybrid 
        electric transport refrigeration units, and standby electric 
        transport refrigeration units.
            (4) Eligible entity.--The term ``eligible entity'' means--
                    (A) a regional, State, local, or Tribal agency, or 
                port authority, with jurisdiction over transportation 
                or air quality;
                    (B) a nonprofit organization or institution that--
                            (i) represents or provides pollution 
                        reduction or educational services to persons or 
                        organizations that own or operate heavy-duty 
                        vehicles or fleets of heavy-duty vehicles; or
                            (ii) has, as its principal purpose, the 
                        promotion of air quality;
                    (C) an individual or entity that is the owner of 
                record of a heavy-duty vehicle or a fleet of heavy-duty 
                vehicles that operates for the transportation and 
                delivery of perishable goods or other goods requiring 
                climate-controlled conditions;
                    (D) an individual or entity that is the owner of 
                record of a facility that operates as a warehouse or 
                storage facility for perishable goods or other goods 
                requiring climate-controlled conditions; or
                    (E) a hospital or public health institution that 
                utilizes refrigeration for storage of perishable goods 
                or other goods requiring climate-controlled conditions.
            (5) Heavy-duty vehicle.--The term ``heavy-duty vehicle'' 
        means--
                    (A) a commercial truck or van--
                            (i) used for the primary purpose of 
                        transporting perishable goods or other goods 
                        requiring climate-controlled conditions; and
                            (ii) with a gross vehicle weight rating 
                        greater than 6,000 pounds; or
                    (B) an insulated cargo trailer used in transporting 
                perishable goods or other goods requiring climate-
                controlled conditions when mounted on a semitrailer.
            (6) Shore power infrastructure.--The term ``shore power 
        infrastructure'' means electrical infrastructure that provides 
        power to the electric transport refrigeration unit of a heavy-
        duty vehicle when such vehicle is stationary on a property 
        where such vehicle is parked or loaded, including a food 
        distribution center or other location where heavy-duty vehicles 
        congregate.
            (7) Transport refrigeration unit.--The term ``transport 
        refrigeration unit'' means a climate-control system installed 
        on a heavy-duty vehicle for the purpose of maintaining the 
        quality of perishable goods or other goods requiring climate-
        controlled conditions.
    (i) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to 
        carry out this section $10,000,000, to remain available until 
        expended.
            (2) Administrative expenses.--The Administrator may use not 
        more than 1 percent of amounts made available pursuant to 
        paragraph (1) for administrative expenses to carry out this 
        section.

                      CHAPTER 4--EV INFRASTRUCTURE

SEC. 33331. DEFINITIONS.

    In this chapter:
            (1) Electric vehicle supply equipment.--The term ``electric 
        vehicle supply equipment'' means any conductors, including 
        ungrounded, grounded, and equipment grounding conductors, 
        electric vehicle connectors, attachment plugs, and all other 
        fittings, devices, power outlets, or apparatuses installed 
        specifically for the purpose of delivering energy to an 
        electric vehicle.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (3) Underserved or disadvantaged community.--The term 
        ``underserved or disadvantaged community'' means--
                    (A) a community located in a ZIP code that includes 
                a census tract that is identified as--
                            (i) a low-income community; or
                            (ii) a community of color; or
                    (B) any other community that the Secretary 
                determines is disproportionately vulnerable to, or 
                bears a disproportionate burden of, any combination of 
                economic, social, and environmental stressors.

SEC. 33332. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.

    (a) Rebate Program.--Not later than January 1, 2021, the Secretary 
shall establish a rebate program to provide rebates for covered 
expenses associated with publicly accessible electric vehicle supply 
equipment (in this section referred to as the ``rebate program'').
    (b) Rebate Program Requirements.--
            (1) Eligible entities.--A rebate under the rebate program 
        may be made to an individual, a State, local, Tribal, or 
        Territorial government, a private entity, a not-for-profit 
        entity, a nonprofit entity, or a metropolitan planning 
        organization.
            (2) Eligible equipment.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary shall 
                publish and maintain on the Department of Energy 
                internet website a list of electric vehicle supply 
                equipment that is eligible for the rebate program.
                    (B) Updates.--The Secretary may, by regulation, add 
                to, or otherwise revise, the list of electric vehicle 
                supply equipment under subparagraph (A) if the 
                Secretary determines that such addition or revision 
                will likely lead to--
                            (i) greater usage of electric vehicle 
                        supply equipment;
                            (ii) greater access to electric vehicle 
                        supply equipment by users; or
                            (iii) an improved experience for users of 
                        electric vehicle supply equipment.
                    (C) Location requirement.--To be eligible for the 
                rebate program, the electric vehicle supply equipment 
                described in subparagraph (A) shall be installed--
                            (i) in the United States;
                            (ii) on property--
                                    (I) owned by the eligible entity 
                                under paragraph (1); or
                                    (II) on which the eligible entity 
                                under paragraph (1) has authority to 
                                install electric vehicle supply 
                                equipment; and
                            (iii) at a location that is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace;
                                    (III) a commercial location; or
                                    (IV) open to the public for a 
                                minimum of 12 hours per day;
            (3) Application.--
                    (A) In general.--An eligible entity under paragraph 
                (1) may submit to the Secretary an application for a 
                rebate under the rebate program. Such application shall 
                include--
                            (i) the estimated cost of covered expenses 
                        to be expended on the electric vehicle supply 
                        equipment that is eligible under paragraph (2);
                            (ii) the estimated installation cost of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2);
                            (iii) the global positioning system 
                        location, including the integer number of 
                        degrees, minutes, and seconds, where such 
                        electric vehicle supply equipment is to be 
                        installed, and identification of whether such 
                        location is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace;
                                    (III) a commercial location; or
                                    (IV) open to the public for a 
                                minimum of 12 hours per day;
                            (iv) the technical specifications of such 
                        electric vehicle supply equipment, including 
                        the maximum power voltage and amperage of such 
                        equipment; and
                            (v) any other information determined by the 
                        Secretary to be necessary for a complete 
                        application.
                    (B) Review process.--The Secretary shall review an 
                application for a rebate under the rebate program and 
                approve an eligible entity under paragraph (1) to 
                receive such rebate if the application meets the 
                requirements of the rebate program under this 
                subsection.
                    (C) Notification to eligible entity.--Not later 
                than 1 year after the date on which the eligible entity 
                under paragraph (1) applies for a rebate under the 
                rebate program, the Secretary shall notify the eligible 
                entity whether the eligible entity will be awarded a 
                rebate under the rebate program following the 
                submission of additional materials required under 
                paragraph (5).
            (4) Rebate amount.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the amount of a rebate made under the rebate 
                program for each charging unit shall be the lesser of--
                            (i) 75 percent of the applicable covered 
                        expenses;
                            (ii) $2,000 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $4,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $100,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked direct current fast charging 
                        equipment.
                    (B) Rebate amount for replacement equipment.--A 
                rebate made under the rebate program for replacement of 
                pre-existing electric vehicle supply equipment at a 
                single location shall be the lesser of--
                            (i) 75 percent of the applicable covered 
                        expenses;
                            (ii) $1,000 for covered expenses associated 
                        with the purchase and installation of non-
                        networked level 2 charging equipment;
                            (iii) $2,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked level 2 charging equipment; or
                            (iv) $25,000 for covered expenses 
                        associated with the purchase and installation 
                        of networked direct current fast charging 
                        equipment.
            (5) Disbursement of rebate.--
                    (A) In general.--The Secretary shall disburse a 
                rebate under the rebate program to an eligible entity 
                under paragraph (1), following approval of an 
                application under paragraph (3), if such entity submits 
                the materials required under subparagraph (B).
                    (B) Materials required for disbursement of 
                rebate.--Not later than one year after the date on 
                which the eligible entity under paragraph (1) receives 
                notice under paragraph (3)(C) that the eligible entity 
                has been approved for a rebate, such eligible entity 
                shall submit to the Secretary the following--
                            (i) a record of payment for covered 
                        expenses expended on the installation of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2);
                            (ii) a record of payment for the electric 
                        vehicle supply equipment that is eligible under 
                        paragraph (2);
                            (iii) the global positioning system 
                        location of where such electric vehicle supply 
                        equipment was installed and identification of 
                        whether such location is--
                                    (I) a multi-unit housing structure;
                                    (II) a workplace;
                                    (III) a commercial location; or
                                    (IV) open to the public for a 
                                minimum of 12 hours per day;
                            (iv) the technical specifications of the 
                        electric vehicle supply equipment that is 
                        eligible under paragraph (2), including the 
                        maximum power voltage and amperage of such 
                        equipment; and
                            (v) any other information determined by the 
                        Secretary to be necessary.
                    (C) Agreement to maintain.--To be eligible for a 
                rebate under the rebate program, an eligible entity 
                under paragraph (1) shall enter into an agreement with 
                the Secretary to maintain the electric vehicle supply 
                equipment that is eligible under paragraph (2) in a 
                satisfactory manner for not less than 5 years after the 
                date on which the eligible entity under paragraph (1) 
                receives the rebate under the rebate program.
                    (D) Exception.--The Secretary shall not disburse a 
                rebate under the rebate program if materials submitted 
                under subparagraph (B) do not meet the same global 
                positioning system location and technical 
                specifications for the electric vehicle supply 
                equipment that is eligible under paragraph (2) provided 
                in an application under paragraph (3).
            (6) Multi-port chargers.--An eligible entity under 
        paragraph (1) shall be awarded a rebate under the rebate 
        program for covered expenses relating to the purchase and 
        installation of a multi-port charger based on the number of 
        publicly accessible charging ports, with each subsequent port 
        after the first port being eligible for 50 percent of the full 
        rebate amount.
            (7) Hydrogen fuel cell refueling infrastructure.--Hydrogen 
        fuel cell refueling equipment shall be eligible for a rebate 
        under the rebate program. All requirements related to public 
        accessibility of installed locations shall apply. Of the 
        amounts appropriated to carry out the rebate program, not more 
        than 25 percent may be used for rebates for hydrogen fuel cell 
        refueling equipment.
            (8) Report.--Not later than 3 years after the first date on 
        which the Secretary awards a rebate under the rebate program, 
        the Secretary shall submit to the Committee on Energy and 
        Commerce of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate a report of the 
        number of rebates awarded for electric vehicle supply equipment 
        and hydrogen fuel cell refueling equipment in each of the 
        location categories described in paragraph (2)(C)(iii).
    (c) Definitions.--In this section:
            (1) Covered expenses.--The term ``covered expenses'' means 
        an expense that is associated with the purchase and 
        installation of electric vehicle supply equipment, including--
                    (A) the cost of electric vehicle supply equipment;
                    (B) labor costs associated with the installation of 
                such electric vehicle supply equipment, only if wages 
                for such labor are paid at rates not less than those 
                prevailing on similar labor in the locality of 
                installation, as determined by the Secretary of Labor 
                under subchapter IV of chapter 31 of title 40, United 
                States Code (commonly referred to as the ``Davis-Bacon 
                Act'');
                    (C) material costs associated with the installation 
                of such electric vehicle supply equipment, including 
                expenses involving electrical equipment and necessary 
                upgrades or modifications to the electrical grid and 
                associated infrastructure required for the installation 
                of such electric vehicle supply equipment;
                    (D) permit costs associated with the installation 
                of such electric vehicle supply equipment; and
                    (E) the cost of an on-site energy storage system.
            (2) Electric vehicle.--The term ``electric vehicle'' means 
        a vehicle that derives all or part of its power from 
        electricity.
            (3) Multi-port charger.--The term ``multi-port charger'' 
        means electric vehicle supply equipment capable of charging 
        more than one electric vehicle.
            (4) Level 2 charging equipment.--The term ``level 2 
        charging equipment'' means electric vehicle supply equipment 
        that provides an alternating current power source at a minimum 
        of 208 volts.
            (5) Networked direct current fast charging equipment.--The 
        term ``networked direct current fast charging equipment'' means 
        electric vehicle supply equipment that provides a direct 
        current power source at a minimum of 50 kilowatts and is 
        enabled to connect to a network to facilitate data collection 
        and access.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000 for each of fiscal 
years 2021 through 2025.

SEC. 33333. EXPANDING ACCESS TO ELECTRIC VEHICLES IN UNDERSERVED 
              COMMUNITIES.

    (a) Assessment.--
            (1) In general.--
                    (A) Assessment.--The Secretary shall conduct an 
                assessment of the state of, challenges to, and 
                opportunities for the deployment of electric vehicle 
                charging infrastructure in underserved or disadvantaged 
                communities located in major urban areas and rural 
                areas throughout the United States.
                    (B) Report.--Not later than 1 year after the date 
                of the enactment of this Act, the Secretary shall 
                submit to the Committee on Energy and Commerce of the 
                House of Representatives and the Committee on Energy 
                and Natural Resources of the Senate a report on the 
                results of the assessment conducted under subparagraph 
                (A), which shall--
                            (i) describe the state of deployment of 
                        electric vehicle charging infrastructure in 
                        underserved or disadvantaged communities 
                        located in major urban areas and rural areas by 
                        providing--
                                    (I) the number of existing and 
                                planned Level 2 charging stations and 
                                DC FAST charging stations per capita in 
                                each State for charging individually 
                                owned light-duty and medium-duty 
                                electric vehicles;
                                    (II) the number of existing and 
                                planned Level 2 charging stations and 
                                DC FAST charging stations for charging 
                                public and private fleet electric 
                                vehicles and medium- and heavy-duty 
                                electric equipment and electric 
                                vehicles;
                                    (III) the number of Level 2 
                                charging stations and DC FAST charging 
                                stations installed in or available to 
                                occupants of publicly owned and 
                                privately owned multi-unit dwellings;
                                    (IV) information pertaining to 
                                policies, plans, and programs that 
                                cities, States, utilities, and private 
                                entities are using to encourage greater 
                                deployment and usage of electric 
                                vehicles and the associated electric 
                                vehicle charging infrastructure, 
                                including programs to encourage 
                                deployment of charging stations 
                                available to residents in publicly 
                                owned and privately owned multi-unit 
                                dwellings;
                                    (V) information pertaining to 
                                ownership models for Level 2 charging 
                                stations and DC FAST charging stations 
                                located in publicly owned and privately 
                                owned residential multi-unit dwellings, 
                                commercial buildings, public and 
                                private parking areas, and curb-side 
                                locations; and
                                    (VI) information pertaining to how 
                                charging stations are financed and the 
                                rates charged for the use of Level 2 
                                charging stations and DC FAST charging 
                                stations;
                            (ii) describe the methodology used to 
                        obtain the information provided in the report;
                            (iii) identify the barriers to expanding 
                        deployment of electric vehicle charging 
                        infrastructure in underserved or disadvantaged 
                        communities in major urban areas and rural 
                        areas, including any challenges relating to 
                        such deployment in multi-unit dwellings;
                            (iv) compile and provide an analysis of the 
                        best practices and policies used by State and 
                        local governments and private entities to 
                        increase deployment of electric vehicle 
                        charging infrastructure in underserved or 
                        disadvantaged communities in major urban areas 
                        and rural areas, including best practices with 
                        respect to--
                                    (I) public outreach and engagement; 
                                and
                                    (II) increasing deployment of 
                                electric vehicle charging 
                                infrastructure in publicly owned and 
                                privately owned multi-unit dwellings; 
                                and
                            (v) enumerate and identify the number of 
                        electric vehicle charging stations per capita 
                        at locations within each major urban area and 
                        rural area throughout the United States with 
                        detail at the level of ZIP Codes and census 
                        tracts.
            (2) Five-year update assessment.--Not later than 5 years 
        after the date of the enactment of this Act, the Secretary 
        shall--
                    (A) update the assessment conducted under paragraph 
                (1)(A); and
                    (B) make public and submit to the Committee on 
                Energy and Commerce of the House of Representatives and 
                the Committee on Energy and Natural Resources of the 
                Senate a report, which shall--
                            (i) update the information required by 
                        paragraph (1)(B); and
                            (ii) include a description of case studies 
                        and key lessons learned after the date on which 
                        the report under paragraph (1)(B) was submitted 
                        with respect to expanding the deployment of 
                        electric vehicle charging infrastructure in 
                        underserved or disadvantaged communities in 
                        major urban areas and rural areas.
    (b) Definitions.--In this section:
            (1) Electric vehicle charging infrastructure.--The term 
        ``electric vehicle charging infrastructure'' means electric 
        vehicle supply equipment and other physical assets that provide 
        for the distribution of and access to electricity for the 
        purpose of charging an electric vehicle or a plug-in hybrid 
        electric vehicle.
            (2) Major urban area.--The term ``major urban area'' means 
        a metropolitan statistical area within the United States with 
        an estimated population that is greater than or equal to 
        1,500,000.

SEC. 33334. ENSURING PROGRAM BENEFITS FOR UNDERSERVED AND DISADVANTAGED 
              COMMUNITIES.

    In carrying out this chapter, and the amendments made by this 
chapter, the Secretary shall provide, to the extent practicable access 
to electric vehicle charging infrastructure, address transportation 
needs, and provide improved air quality in underserved or disadvantaged 
communities.

SEC. 33335. MODEL BUILDING CODE FOR ELECTRIC VEHICLE SUPPLY EQUIPMENT.

    (a) Review.--The Secretary shall review proposed or final model 
building codes for--
            (1) integrating electric vehicle supply equipment into 
        residential and commercial buildings that include space for 
        individual vehicle or fleet vehicle parking; and
            (2) integrating onsite renewable power equipment and 
        electric storage equipment (including electric vehicle 
        batteries to be used for electric storage) into residential and 
        commercial buildings.
    (b) Technical Assistance.--The Secretary shall provide technical 
assistance to stakeholders representing the building construction 
industry, manufacturers of electric vehicles and electric vehicle 
supply equipment, State and local governments, and any other persons 
with relevant expertise or interests to facilitate understanding of the 
model code and best practices for adoption by jurisdictions.

SEC. 33336. ELECTRIC VEHICLE SUPPLY EQUIPMENT COORDINATION.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary, acting through the Assistant Secretary of 
the Office of Electricity Delivery and Energy Reliability (including 
the Smart Grid Task Force), shall convene a group to assess progress in 
the development of standards necessary to--
            (1) support the expanded deployment of electric vehicle 
        supply equipment;
            (2) develop an electric vehicle charging network to provide 
        reliable charging for electric vehicles nationwide; and
            (3) ensure the development of such network will not 
        compromise the stability and reliability of the electric grid.
    (b) Report to Congress.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall provide to the Committee on 
Energy and Commerce of the House of Representatives and to the 
Committee on Energy and Natural Resources of the Senate a report 
containing the results of the assessment carried out under subsection 
(a) and recommendations to overcome any barriers to standards 
development or adoption identified by the group convened under such 
subsection.

SEC. 33337. STATE CONSIDERATION OF ELECTRIC VEHICLE CHARGING.

    (a) Consideration and Determination Respecting Certain Ratemaking 
Standards.--Section 111(d) of the Public Utility Regulatory Policies 
Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the 
following:
            ``(20) Electric vehicle charging programs.--
                    ``(A) In general.--Each State shall consider 
                measures to promote greater electrification of the 
                transportation sector, including--
                            ``(i) authorizing measures to stimulate 
                        investment in and deployment of electric 
                        vehicle supply equipment and to foster the 
                        market for electric vehicle charging;
                            ``(ii) authorizing each electric utility of 
                        the State to recover from ratepayers any 
                        capital, operating expenditure, or other costs 
                        of the electric utility relating to load 
                        management, programs, or investments associated 
                        with the integration of electric vehicle supply 
                        equipment into the grid; and
                            ``(iii) allowing a person or agency that 
                        owns and operates an electric vehicle charging 
                        facility for the sole purpose of recharging an 
                        electric vehicle battery to be excluded from 
                        regulation as an electric utility pursuant to 
                        section 3(4) when making electricity sales from 
                        the use of the electric vehicle charging 
                        facility, if such sales are the only sales of 
                        electricity made by the person or agency.
                    ``(B) Definition.--For purposes of this paragraph, 
                the term `electric vehicle supply equipment' means 
                conductors, including ungrounded, grounded, and 
                equipment grounding conductors, electric vehicle 
                connectors, attachment plugs, and all other fittings, 
                devices, power outlets, or apparatuses installed 
                specifically for the purpose of delivering energy to an 
                electric vehicle.''.
    (b) Obligations To Consider and Determine.--
            (1) Time limitations.--Section 112(b) of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended 
        by adding at the end the following:
            ``(7)(A) Not later than 1 year after the enactment of this 
        paragraph, each State regulatory authority (with respect to 
        each electric utility for which it has ratemaking authority) 
        and each nonregulated utility shall commence the consideration 
        referred to in section 111, or set a hearing date for 
        consideration, with respect to the standards established by 
        paragraph (20) of section 111(d).
            ``(B) Not later than 2 years after the date of the 
        enactment of this paragraph, each State regulatory authority 
        (with respect to each electric utility for which it has 
        ratemaking authority), and each nonregulated electric utility, 
        shall complete the consideration, and shall make the 
        determination, referred to in section 111 with respect to each 
        standard established by paragraph (20) of section 111(d).''.
            (2) Failure to comply.--Section 112(c) of the Public 
        Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is 
        amended by striking ``(19)'' and inserting ``(20)''.
            (3) Prior state actions.--Section 112 of the Public Utility 
        Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by 
        adding at the end the following:
    ``(g) Prior State Actions.--Subsections (b) and (c) of this section 
shall not apply to the standard established by paragraph (20) of 
section 111(d) in the case of any electric utility in a State if, 
before the enactment of this subsection--
            ``(1) the State has implemented for such utility the 
        standard concerned (or a comparable standard);
            ``(2) the State regulatory authority for such State or 
        relevant nonregulated electric utility has conducted a 
        proceeding to consider implementation of the standard concerned 
        (or a comparable standard) for such utility;
            ``(3) the State legislature has voted on the implementation 
        of such standard (or a comparable standard) for such utility; 
        or
            ``(4) the State has taken action to implement incentives or 
        other steps to strongly encourage the deployment of electric 
        vehicles.''.

SEC. 33338. STATE ENERGY PLANS.

    (a) State Energy Conservation Plans.--Section 362(d) of the Energy 
Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
            (1) in paragraph (16), by striking ``; and'' and inserting 
        a semicolon;
            (2) by redesignating paragraph (17) as paragraph (18); and
            (3) by inserting after paragraph (16) the following:
            ``(17) a State energy transportation plan developed in 
        accordance with section 367; and''.
    (b) Authorization of Appropriations.--Section 365(f) of the Energy 
Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as 
follows:
    ``(f) Authorization of Appropriations.--
            ``(1) State energy conservation plans.--For the purpose of 
        carrying out this part, there are authorized to be appropriated 
        $100,000,000 for each of fiscal years 2021 through 2025.
            ``(2) State energy transportation plans.--In addition to 
        the amounts authorized under paragraph (1), for the purpose of 
        carrying out section 367, there are authorized to be 
        appropriated $25,000,000 for each of fiscal years 2021 through 
        2025.''.
    (c) State Energy Transportation Plans.--Part D of title III of the 
Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended 
by adding at the end the following:

``SEC. 367. STATE ENERGY TRANSPORTATION PLANS.

    ``(a) In General.--The Secretary may provide financial assistance 
to a State to develop a State energy transportation plan, for inclusion 
in a State energy conservation plan under section 362(d), to promote 
the electrification of the transportation system, reduced consumption 
of fossil fuels, and improved air quality.
    ``(b) Development.--A State developing a State energy 
transportation plan under this section shall carry out this activity 
through the State energy office that is responsible for developing the 
State energy conservation plan under section 362.
    ``(c) Contents.--A State developing a State energy transportation 
plan under this section shall include in such plan a plan to--
            ``(1) deploy a network of electric vehicle supply equipment 
        to ensure access to electricity for electric vehicles; and
            ``(2) promote modernization of the electric grid to 
        accommodate demand for power to operate electric vehicle supply 
        equipment and to utilize energy storage capacity provided by 
        electric vehicles.
    ``(d) Coordination.--In developing a State energy transportation 
plan under this section, a State shall coordinate, as appropriate, 
with--
            ``(1) State regulatory authorities (as defined in section 3 
        of the Public Utility Regulatory Policies Act of 1978 (16 
        U.S.C. 2602));
            ``(2) electric utilities;
            ``(3) regional transmission organizations or independent 
        system operators;
            ``(4) private entities that provide electric vehicle 
        charging services;
            ``(5) State transportation agencies, metropolitan planning 
        organizations, and local governments;
            ``(6) electric vehicle manufacturers;
            ``(7) public and private entities that manage vehicle 
        fleets; and
            ``(8) public and private entities that manage ports, 
        airports, or other transportation hubs.
    ``(e) Technical Assistance.--Upon request of the Governor of a 
State, the Secretary shall provide information and technical assistance 
in the development, implementation, or revision of a State energy 
transportation plan.
    ``(f) Electric Vehicle Supply Equipment Defined.--For purposes of 
this section, the term `electric vehicle supply equipment' means 
conductors, including ungrounded, grounded, and equipment grounding 
conductors, electric vehicle connectors, attachment plugs, and all 
other fittings, devices, power outlets, or apparatuses installed 
specifically for the purpose of delivering energy to an electric 
vehicle.''.

SEC. 33339. TRANSPORTATION ELECTRIFICATION.

    Section 131 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17011) is amended--
            (1) in subsection (a)(6)--
                    (A) in subparagraph (A), by inserting ``, including 
                ground support equipment at ports'' before the 
                semicolon;
                    (B) in subparagraph (E), by inserting ``and 
                vehicles'' before the semicolon;
                    (C) in subparagraph (H), by striking ``and'' at the 
                end;
                    (D) in subparagraph (I)--
                            (i) by striking ``battery chargers,''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (E) by adding at the end the following:
                    ``(J) installation of electric vehicle supply 
                equipment for recharging plug-in electric drive 
                vehicles, including such equipment that is accessible 
                in rural and urban areas and in underserved or 
                disadvantaged communities; and
                    ``(K) multi-use charging hubs used for multiple 
                forms of transportation.'';
            (2) in subsection (b)--
                    (A) in paragraph (3)(A)--
                            (i) in clause (i), by striking ``and'' at 
                        the end; and
                            (ii) in clause (ii), by inserting ``, 
                        components for such vehicles, and charging 
                        equipment for such vehicles'' after 
                        ``vehicles''; and
                    (B) in paragraph (6), by striking ``$90,000,000 for 
                each of fiscal years 2008 through 2012'' and inserting 
                ``$2,000,000,000 for each of fiscal years 2021 through 
                2025'';
            (3) in subsection (c)--
                    (A) in the header, by striking ``Near-Term'' and 
                inserting ``Large-Scale''; and
                    (B) in paragraph (4), by striking ``$95,000,000 for 
                each of fiscal years 2008 through 2013'' and inserting 
                ``$2,500,000,000 for each of fiscal years 2021 through 
                2025''; and
            (4) by redesignating subsection (d) as subsection (e) and 
        inserting after subsection (c) the following:
    ``(d) Priority.--In providing grants under subsections (b) and (c), 
the Secretary shall give priority consideration to applications that 
contain a written assurance that all laborers and mechanics employed by 
contractors or subcontractors during construction, alteration, or 
repair that is financed, in whole or in part, by a grant provided under 
this section shall be paid wages at rates not less than those 
prevailing on similar construction in the locality, as determined by 
the Secretary of Labor in accordance with sections 3141 through 3144, 
3146, and 3147 of title 40, United States Code (and the Secretary of 
Labor shall, with respect to the labor standards described in this 
clause, have the authority and functions set forth in Reorganization 
Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, 
United States Code).''.

SEC. 33340. FEDERAL FLEETS.

    (a) Minimum Federal Fleet Requirement.--Section 303 of the Energy 
Policy Act of 1992 (42 U.S.C. 13212) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) The Secretary, in consultation with the Administrator 
        of General Services, shall ensure that in acquiring medium- and 
        heavy-duty vehicles for a Federal fleet, a Federal entity shall 
        acquire zero emission vehicles to the maximum extent 
        feasible.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Percentage Requirements.--
            ``(1) In general.--
                    ``(A) Light-duty vehicles.--Beginning in fiscal 
                year 2025, 100 percent of the total number of light-
                duty vehicles acquired by a Federal entity for a 
                Federal fleet shall be alternative fueled vehicles, of 
                which--
                            ``(i) at least 50 percent shall be zero 
                        emission vehicles or plug-in hybrids in fiscal 
                        years 2025 through 2034;
                            ``(ii) at least 75 percent shall be zero 
                        emission vehicles or plug-in hybrids in fiscal 
                        years 2035 through 2049; and
                            ``(iii) 100 percent shall be zero emission 
                        vehicles in fiscal year 2050 and thereafter.
                    ``(B) Medium- and heavy-duty vehicles.--The 
                following percentages of the total number of medium- 
                and heavy-duty vehicles acquired by a Federal entity 
                for a Federal fleet shall be alternative fueled 
                vehicles:
                            ``(i) At least 20 percent in fiscal years 
                        2025 through 2029.
                            ``(ii) At least 30 percent in fiscal years 
                        2030 through 2039.
                            ``(iii) At least 40 percent in fiscal years 
                        2040 through 2049.
                            ``(iv) At least 50 percent in fiscal year 
                        2050 and thereafter.
            ``(2) Exception.--The Secretary, in consultation with the 
        Administrator of General Services where appropriate, may permit 
        a Federal entity to acquire for a Federal fleet a smaller 
        percentage than is required in paragraph (1) for a fiscal year, 
        so long as the aggregate percentage acquired for each class of 
        vehicle for all Federal fleets in the fiscal year is at least 
        equal to the required percentage.
            ``(3) Definitions.--In this subsection:
                    ``(A) Federal fleet.--The term `Federal fleet' 
                means a fleet of vehicles that are centrally fueled or 
                capable of being centrally fueled and are owned, 
                operated, leased, or otherwise controlled by or 
                assigned to any Federal executive department, military 
                department, Government corporation, independent 
                establishment, or executive agency, the United States 
                Postal Service, the Congress, the courts of the United 
                States, or the Executive Office of the President. Such 
                term does not include--
                            ``(i) motor vehicles held for lease or 
                        rental to the general public;
                            ``(ii) motor vehicles used for motor 
                        vehicle manufacturer product evaluations or 
                        tests;
                            ``(iii) law enforcement vehicles;
                            ``(iv) emergency vehicles; or
                            ``(v) motor vehicles acquired and used for 
                        military purposes that the Secretary of Defense 
                        has certified to the Secretary must be exempt 
                        for national security reasons.
                    ``(B) Fleet.--The term `fleet' means--
                            ``(i) 20 or more light-duty vehicles, 
                        located in a metropolitan statistical area or 
                        consolidated metropolitan statistical area, as 
                        established by the Bureau of the Census, with a 
                        1980 population of more than 250,000; or
                            ``(ii) 10 or more medium- or heavy-duty 
                        vehicles, located at a Federal facility or 
                        located in a metropolitan statistical area or 
                        consolidated metropolitan statistical area, as 
                        established by the Bureau of the Census, with a 
                        1980 population of more than 250,000.''; and
            (3) in subsection (f)(2)(B)--
                    (A) by striking ``, either''; and
                    (B) in clause (i), by striking ``or'' and inserting 
                ``and''.
    (b) Federal Fleet Conservation Requirements.--Section 400FF(a) of 
the Energy Policy and Conservation Act (42 U.S.C. 6374e) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``18 months after the date of 
                enactment of this section'' and inserting ``12 months 
                after the date of enactment of the Moving Forward 
                Act'';
                    (B) by striking ``2010'' and inserting ``2022''; 
                and
                    (C) by striking ``and increase alternative fuel 
                consumption'' and inserting ``, increase alternative 
                fuel consumption, and reduce vehicle greenhouse gas 
                emissions''; and
            (2) by striking paragraph (2) and inserting the following:
            ``(2) Goals.--The goals of the requirements under paragraph 
        (1) are that each Federal agency shall--
                    ``(A) reduce fleet-wide per-mile greenhouse gas 
                emissions from agency fleet vehicles, relative to a 
                baseline of emissions in 2015, by--
                            ``(i) not less than 30 percent by the end 
                        of fiscal year 2025;
                            ``(ii) not less than 50 percent by the end 
                        of fiscal year 2030; and
                            ``(iii) 100 percent by the end of fiscal 
                        year 2050; and
                    ``(B) increase the annual percentage of alternative 
                fuel consumption by agency fleet vehicles as a 
                proportion of total annual fuel consumption by Federal 
                fleet vehicles, to achieve--
                            ``(i) 25 percent of total annual fuel 
                        consumption that is alternative fuel by the end 
                        of fiscal year 2025;
                            ``(ii) 50 percent of total annual fuel 
                        consumption that is alternative fuel by the end 
                        of fiscal year 2035; and
                            ``(iii) at least 85 percent of total annual 
                        fuel consumption that is alternative fuel by 
                        the end of fiscal year 2050.''.

SEC. 33341. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.

    (a) Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses.--
Subtitle B of title VII of the Energy Policy Act of 2005 (42 U.S.C. 
16061 et seq.) is amended--
            (1) in the subtitle header, by inserting ``Plug-In Electric 
        Vehicles,'' before ``Hybrid Vehicles''; and
            (2) in part 1, in the part header, by striking ``hybrid'' 
        and inserting ``plug-in electric''.
    (b) Plug-In Electric Vehicles.--Section 711 of the Energy Policy 
Act of 2005 (42 U.S.C. 16061) is amended to read as follows:

``SEC. 711. PLUG-IN ELECTRIC VEHICLES.

    ``The Secretary shall accelerate efforts, related to domestic 
manufacturing, that are directed toward the improvement of batteries, 
power electronics, and other technologies for use in plug-in electric 
vehicles.''.
    (c) Efficient Hybrid and Advanced Diesel Vehicles.--Section 712 of 
the Energy Policy Act of 2005 (42 U.S.C. 16062) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by inserting ``, plug-in 
                electric,'' after ``efficient hybrid''; and
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Priority.--Priority shall be given to--
                    ``(A) the refurbishment or retooling of 
                manufacturing facilities that have recently ceased 
                operation or would otherwise cease operation in the 
                near future; and
                    ``(B) applications containing a written assurance 
                that--
                            ``(i) all laborers and mechanics employed 
                        by contractors or subcontractors during 
                        construction, alteration, retooling, or repair 
                        that is financed, in whole or in part, by a 
                        grant under this subsection shall be paid wages 
                        at rates not less than those prevailing on 
                        similar construction in the locality, as 
                        determined by the Secretary of Labor in 
                        accordance with sections 3141 through 3144, 
                        3146, and 3147 of title 40, United States Code;
                            ``(ii) all laborers and mechanics employed 
                        by the owner or operator of a manufacturing 
                        facility that is financed, in whole or in part, 
                        by a grant under this subsection shall be paid 
                        wages at rates not less than those prevailing 
                        on similar construction in the locality, as 
                        determined by the Secretary of Labor in 
                        accordance with sections 3141 through 3144, 
                        3146, and 3147 of title 40, United States Code; 
                        and
                            ``(iii) the Secretary of Labor shall, with 
                        respect to the labor standards described in 
                        this paragraph, have the authority and 
                        functions set forth in Reorganization Plan 
                        Numbered 14 of 1950 (5 U.S.C. App.) and section 
                        3145 of title 40, United States Code.''; and
            (2) by striking subsection (c) and inserting the following:
    ``(c) Cost Share and Guarantee of Operation.--
            ``(1) Condition.--A recipient of a grant under this section 
        shall pay the Secretary the full amount of the grant if the 
        facility financed in whole or in part under this subsection 
        fails to manufacture goods for a period of at least 10 years 
        after the completion of construction.
            ``(2) Cost share.--Section 988(c) shall apply to a grant 
        made under this subsection.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $2.5 billion 
for each of fiscal years 2021 through 2025.
    ``(e) Period of Availability.--An award made under this section 
after the date of enactment of this subsection shall only be available 
with respect to facilities and equipment placed in service before 
December 30, 2035.''.

SEC. 33342. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING INCENTIVE 
              PROGRAM.

    Section 136 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17013) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by redesignating subparagraphs (A) 
                        through (C) as clauses (i) through (iii), 
                        respectively, and indenting appropriately;
                            (ii) by striking ``(1) Advanced technology 
                        vehicle.--'' and all that follows through 
                        ``meets--'' and inserting the following:
            ``(1) Advanced technology vehicle.--The term `advanced 
        technology vehicle' means--
                    ``(A) an ultra efficient vehicle;
                    ``(B) a light duty vehicle or medium duty passenger 
                vehicle that meets--'';
                            (iii) by amending subparagraph (B)(iii) (as 
                        so redesignated) to read as follows:
                            ``(iii)(I) for vehicles produced in model 
                        years 2021 through 2025, the applicable 
                        regulatory standards for emissions of 
                        greenhouse gases for model year 2021 through 
                        2025 vehicles promulgated by the Administrator 
                        of the Environmental Protection Agency on 
                        October 15, 2012 (77 Fed. Reg. 62624); or
                            ``(II) emits zero emissions of greenhouse 
                        gases; or''; and
                            (iv) by adding at the end the following:
                    ``(C) a heavy-duty vehicle (excluding a medium-duty 
                passenger vehicle), as defined in section 86.1803-01 of 
                title 40, Code of Federal Regulations (or successor 
                regulations), that--
                            ``(i) complies early with and demonstrates 
                        achievement below the applicable regulatory 
                        standards for emissions of greenhouse gases for 
                        model year 2027 vehicles promulgated by the 
                        Administrator on October 25, 2016 (81 Fed. Reg. 
                        73478); or
                            ``(ii) emits zero emissions of greenhouse 
                        gases.'';
                    (B) by striking paragraph (2) and redesignating 
                paragraphs (3) through (5) as paragraphs (2) through 
                (4), respectively;
                    (C) by amending paragraph (3) (as so redesignated) 
                to read as follows:
            ``(4) Qualifying components.--The term `qualifying 
        components' means materials, technology, components, systems, 
        or groups of subsystems in an advanced technology vehicle, 
        including ultra efficient components, which include--
                    ``(A) EV battery cells, fuel cells, batteries, 
                battery technologies, and thermal control systems;
                    ``(B) automotive semiconductors and computers;
                    ``(C) electric motors, axles, and components; and
                    ``(D) advanced lightweight, high strength, and high 
                performance materials.''; and
                    (D) in paragraph (4) (as so redesignated)--
                            (i) in subparagraph (B), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(D) at least 75 miles per gallon equivalent while 
                operating as a hydrogen fuel cell electric vehicle.'';
            (2) by amending subsection (b) to read as follows:
    ``(b) Advanced Vehicles Manufacturing Facility.--
            ``(1) In general.--The Secretary shall provide facility 
        funding awards under this section to advanced technology 
        vehicle manufacturers and component suppliers to pay not more 
        than 50 percent of the cost of--
                    ``(A) reequipping, expanding, or establishing a 
                manufacturing facility in the United States to 
                produce--
                            ``(i) advanced technology vehicles; or
                            ``(ii) qualifying components; and
                    ``(B) engineering integration performed in the 
                United States of advanced technology vehicles and 
                qualifying components.
            ``(2) Ultra efficient components cost share.--The facility 
        funding awards authorized in paragraph (1) may pay not more 
        than 80 percent of the cost if the proposed project is to 
        reequip, expand, or establish a manufacturing facility in the 
        United States to produce ultra efficient components.'';
            (3) in subsection (c), by striking ``2020'' and inserting 
        ``2030'' each place it appears;
            (4) in subsection (d)--
                    (A) by amending paragraph (2) to read as follows:
            ``(2) Application.--An applicant for a loan under this 
        subsection shall submit to the Secretary an application at such 
        time, in such manner, and containing such information as the 
        Secretary may require, including--
                    ``(A) a written assurance that--
                            ``(i) all laborers and mechanics employed 
                        by contractors or subcontractors during 
                        construction, alteration, or repair, or at any 
                        manufacturing operation, that is financed, in 
                        whole or in part, by a loan under this section 
                        shall be paid wages at rates not less than 
                        those prevailing in a similar firm or on 
                        similar construction in the locality, as 
                        determined by the Secretary of Labor in 
                        accordance with sections 3141-3144, 3146, and 
                        3147 of title 40;
                            ``(ii) the Secretary of Labor shall, with 
                        respect to the labor standards described in 
                        this paragraph, have the authority and 
                        functions set forth in Reorganization Plan 
                        Numbered 14 of 1950 (5 U.S.C. App.) and section 
                        3145 of title 40; and
                            ``(iii) the applicant will remain neutral 
                        in any union organizing effort;
                    ``(B) a disclosure of whether there has been any 
                administrative merits determination, arbitral award or 
                decision, or civil judgment, as defined in guidance 
                issued by the Secretary of Labor, rendered against the 
                applicant in the preceding 3 years for violations of 
                applicable labor, employment, civil rights, or health 
                and safety laws; and
                    ``(C) specific information regarding the actions 
                the applicant will take to demonstrate compliance with, 
                and where possible exceedance of, requirements under 
                applicable labor, employment, civil rights, and health 
                and safety laws, and actions the applicant will take to 
                ensure that its direct suppliers demonstrate compliance 
                with applicable labor, employment, civil rights, and 
                health and safety laws.'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) Selection of eligible projects.--The Secretary shall 
        select eligible projects to receive loans under this subsection 
        in cases in which the Secretary determines--
                    ``(A) the award recipient--
                            ``(i) has a reasonable prospect of repaying 
                        the principal and interest on the loan;
                            ``(ii) will provide sufficient information 
                        to the Secretary for the Secretary to ensure 
                        that the qualified investment is expended 
                        efficiently and effectively; and
                            ``(iii) has met such other criteria as may 
                        be established and published by the Secretary; 
                        and
                    ``(B) the amount of the loan (when combined with 
                amounts available to the borrower from other sources) 
                will be sufficient to carry out the project.''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (B)(i), by striking ``; 
                        and'' and inserting ``; or'';
                            (ii) in subparagraph (C), by striking ``; 
                        and'' and inserting a semicolon;
                            (iii) in subparagraph (D), by striking the 
                        period at the end and inserting ``; and''; and
                            (iv) by adding at the end the following:
                    ``(E) shall be subject to the condition that the 
                loan is not subordinate to other financing.'';
            (5) in subsection (f)--
                    (A) by striking ``point'' and inserting ``points''; 
                and
                    (B) by inserting ``and may not be collected prior 
                to financial closing'' after ``loan'';
            (6) by amending subsection (g) to read as follows:
    ``(g) Priority.--The Secretary shall, in making awards or loans to 
those manufacturers that have existing facilities, give priority to 
those facilities, which can currently be sitting idle, that are or 
would be--
            ``(1) oldest or have been in existence for at least 20 
        years;
            ``(2) utilized primarily for the manufacture of ultra 
        efficient vehicles;
            ``(3) utilized primarily for the manufacture of medium-duty 
        passenger vehicles or heavy-duty vehicles that emit zero 
        greenhouse gas emissions; or
            ``(4) utilized primarily for the manufacture of ultra 
        efficient components.'';
            (7) in subsection (h)--
                    (A) in the header, by striking ``Automobile'' and 
                inserting ``Advanced Technology Vehicle''; and
                    (B) in paragraph (1)(B), by striking ``automobiles, 
                or components of automobiles'' and inserting ``advanced 
                technology vehicles, or components of advanced 
                technology vehicles''; and
            (8) in subsection (i), by striking ``2008 through 2012'' 
        and inserting ``2021 through 2025''.

          Subtitle D--Buy American and Wage Rate Requirements

SEC. 33401. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS.

    (a) None of the funds made available pursuant to this title, or 
provisions of law added or amended by this title, may be used for a 
project for the construction, alteration, maintenance, or repair of a 
public building or public work unless all of the iron, steel, and 
manufactured goods used in the project are produced in the United 
States.
    (b) Subsection (a) shall not apply in any case or category of cases 
in which the head of the Federal department or agency involved finds 
that--
            (1) applying subsection (a) would be inconsistent with the 
        public interest;
            (2) iron, steel, and the relevant manufactured goods are 
        not produced in the United States in sufficient and reasonably 
        available quantities and of a satisfactory quality; or
            (3) inclusion of iron, steel, and manufactured goods 
        produced in the United States will increase the cost of the 
        overall project by more than 25 percent.
    (c) If the head of a Federal department or agency determines that 
it is necessary to waive the application of subsection (a) based on a 
finding under subsection (b), the head of the department or agency 
shall publish in the Federal Register a detailed written justification 
as to why the provision is being waived.
    (d) This section shall be applied in a manner consistent with 
United States obligations under international agreements.

SEC. 33402. WAGE RATE REQUIREMENTS.

    Notwithstanding any other provision of law and in a manner 
consistent with other provisions in this title, all laborers and 
mechanics employed by contractors and subcontractors on projects funded 
directly by or assisted in whole or in part by and through the Federal 
Government pursuant to this title, or provisions of law added or 
amended by this title, shall be paid wages at rates not less than those 
prevailing on projects of a character similar in the locality as 
determined by the Secretary of Labor in accordance with subchapter IV 
of chapter 31 of title 40, United States Code. With respect to the 
labor standards specified in this section, the Secretary of Labor shall 
have the authority and functions set forth in Reorganization Plan 
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of 
title 40, United States Code.

                      Subtitle E--Ohio River Basin

SEC. 33501. INTERAGENCY PLAN.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of the Army, acting through the 
Chief of Engineers, in coordination with the head of each agency 
described in subsection (d), shall develop and issue an interagency 
plan for the agencies described in subsection (d) to assist States, 
Indian tribes, and communities in the Ohio River Basin in preparing 
for, and responding to, the effects of climate change, including by--
            (1) informing such States, Indian tribes, and communities 
        of existing Federal resources available to such States, Indian 
        tribes, and communities, based on the analysis described in 
        subsection (b)(2); and
            (2) providing assistance through the Environmental 
        Protection Agency's Smart Growth Program, the Federal Emergency 
        Management Agency's Pre-Disaster Mitigation Grant Program, the 
        Department of Housing and Urban Development's Community 
        Development Block Grant program, the Economic Development 
        Administration of the Department of Commerce, and the 
        Department of Agriculture, to such States, Indian tribes, and 
        communities to help them prepare for extreme weather, major 
        floods, rising temperatures, and potential economic losses from 
        such threats.
    (b) Development.--In developing the interagency plan under 
subsection (a), Secretary of the Army, acting through the Chief of 
Engineers, in coordination with the head of each agency described in 
subsection (d), shall--
            (1) consult with States, Indian tribes, and communities in 
        the Ohio River Basin that may be affected by climate change; 
        and
            (2) include in such interagency plan--
                    (A) identification of the particular needs of such 
                States, Indian tribes, and communities in order for 
                such States, Indian tribes, and communities to 
                adequately prepare for, and respond to, the effects of 
                climate change; and
                    (B) an analysis of--
                            (i) the availability of existing and 
                        potential Federal resources, including 
                        programs, grants, loans, and other assistance, 
                        that the agencies described in subsection (d) 
                        may provide to assist States, Indian tribes, 
                        and communities in the Ohio River Basin in 
                        preparing for, and responding to, the effects 
                        of climate change (including assistance in 
                        building or modernizing infrastructure), 
                        including--
                                    (I) Corps of Engineers resources 
                                related to--
                                            (aa) modernizing and 
                                        hardening levees, floodwalls, 
                                        and flood control projects for 
                                        more extreme weather flooding 
                                        events;
                                            (bb) restoring wetlands so 
                                        that such wetlands may absorb 
                                        rain;
                                            (cc) reconnecting 
                                        floodplains to rivers in order 
                                        to allow for natural flood 
                                        storage;
                                            (dd) developing a basin-
                                        wide water management plan, in 
                                        collaboration with the 
                                        Department of Agriculture, 
                                        Tennessee Valley Authority, and 
                                        water management agencies of 
                                        the States in the Ohio River 
                                        Basin; and
                                            (ee) updating and 
                                        modernizing operations manuals 
                                        for dams and reservoirs 
                                        operated by the Corps of 
                                        Engineers to account for future 
                                        water risks, precipitation, 
                                        flow patterns, and usage;
                                    (II) Environmental Protection 
                                Agency resources and Department of 
                                Agriculture resources related to 
                                modernizing drinking water and 
                                wastewater treatment and stormwater 
                                management;
                                    (III) Department of Transportation 
                                resources related to raising or 
                                hardening critical transportation 
                                infrastructure that may be vulnerable 
                                to flooding;
                                    (IV) United States Geological 
                                Survey resources and Environmental 
                                Protection Agency resources related to 
                                water quality and flow discharge 
                                monitoring and modeling; and
                                    (V) Federal Emergency Management 
                                Agency resources related to updating 
                                and modernizing flood hazard maps to 
                                incorporate the latest science and 
                                future risk projections; and
                            (ii) the limitations of existing Federal 
                        resources that the agencies described in 
                        subsection (d) may so provide, including--
                                    (I) the limitations of such 
                                resources in meeting the particular 
                                needs of such States, Indian tribes, 
                                and communities identified under 
                                subparagraph (A); and
                                    (II) recommendations--
                                            (aa) for Congress regarding 
                                        any statutory changes regarding 
                                        existing Federal programs, or 
                                        additional Federal funding, 
                                        that the agencies determine are 
                                        necessary to assist such 
                                        States, Indian tribes, and 
                                        communities in preparing for, 
                                        and responding to, the effects 
                                        of climate change; and
                                            (bb) for additional 
                                        Federal, State, and local 
                                        resources that the agencies 
                                        determine are necessary to so 
                                        assist such States, Indian 
                                        tribes, and communities.
    (c) Publication and Implementation.--
            (1) Publication.--Upon issuance of the interagency plan 
        developed under subsection (a), the plan shall be published on 
        the public internet website of--
                    (A) the Environmental Protection Agency;
                    (B) the Assistant Secretary of the Army for Civil 
                Works; and
                    (C) the Great Lakes and Ohio River Division of the 
                Corps of Engineers.
            (2) Deadline.--Not later than 30 days after the interagency 
        plan developed under subsection (a) is issued, each head of an 
        agency described in subsection (d) shall implement such 
        interagency plan.
            (3) Technical assistance.--In implementing the interagency 
        plan developed under subsection (a), the heads of the agencies 
        described in subsection (d) shall provide technical assistance 
        and expertise to States, Indian tribes, and communities in the 
        Ohio River Basin.
    (d) Agencies Described.--The agencies described in this subsection 
are as follows:
            (1) The Corps of Engineers.
            (2) The Environmental Protection Agency.
            (3) The National Oceanic and Atmospheric Administration.
            (4) The Department of the Interior.
            (5) The Department of Agriculture.
            (6) The Department of Transportation.
            (7) The Federal Emergency Management Agency.
            (8) The United States Geological Survey.
            (9) The Department of Housing and Urban Development.
            (10) The Department of Commerce.

SEC. 33502. REPORT ON IMPACTS OF CLIMATE CHANGE ON ELECTRIC UTILITIES.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary of Energy shall publish, on the public internet website of 
the Department of Energy, a report that includes--
            (1) an analysis of--
                    (A) the potential vulnerabilities of electric 
                utilities that are located in, or serve electric 
                consumers in, the Ohio River Basin, to climate change 
                and extreme weather; and
                    (B) the impacts of climate change and extreme 
                weather on such electric utilities; and
            (2) recommendations and technical assistance, as 
        appropriate, to assist such electric utilities in preparing for 
        climate change and extreme weather.

SEC. 33503. DEFINITION.

    In this subtitle, the term ``Ohio River Basin'' means the Ohio 
River Basin as identified in the Corps of Engineers' study titled 
``Ohio River Basin-Formulating Climate Change Mitigation/Adaptation 
Strategies through Regional Collaboration with the ORB Alliance'' (May 
2017).

                      Subtitle F--Open Back Better

SEC. 33601. SHORT TITLE.

    This subtitle may be cited as the ``Open Back Better Act of 2020''.

SEC. 33602. FACILITIES ENERGY RESILIENCY.

    (a) Definitions.--In this section:
            (1) Covered project.--The term ``covered project'' means a 
        building project at an eligible facility that--
                    (A) increases--
                            (i) resiliency, including--
                                    (I) public health and safety;
                                    (II) power outages;
                                    (III) natural disasters;
                                    (IV) indoor air quality; and
                                    (V) any modifications necessitated 
                                by the COVID-19 pandemic;
                            (ii) energy efficiency;
                            (iii) renewable energy; and
                            (iv) grid integration; and
                    (B) may have combined heat and power and energy 
                storage as project components.
            (2) Early childhood education program.--The term ``early 
        childhood education program'' has the meaning given the term in 
        section 103 of the Higher Education Act of 1965 (20 U.S.C. 
        1003).
            (3) Elementary school.--The term ``elementary school'' has 
        the meaning given the term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Eligible facility.--The term ``eligible facility'' 
        means a public facility, as determined by the Secretary, 
        including--
                    (A) a public school, including an elementary school 
                and a secondary school;
                    (B) a facility used to operate an early childhood 
                education program;
                    (C) a local educational agency;
                    (D) a medical facility;
                    (E) a local or State government building;
                    (F) a community facility;
                    (G) a public safety facility;
                    (H) a day care center;
                    (I) an institution of higher education;
                    (J) a public library; and
                    (K) a wastewater treatment facility.
            (5) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low income 
        communities, or Tribal and indigenous communities, that 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects.
            (6) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (7) Local educational agency.--The term ``local educational 
        agency'' has the meaning given the term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        7801).
            (8) Low income.--The term ``low income'', with respect to a 
        household, means an annual household income equal to, or less 
        than, the greater of--
                    (A) 80 percent of the median income of the area in 
                which the household is located, as reported by the 
                Department of Housing and Urban Development; and
                    (B) 200 percent of the Federal poverty line.
            (9) Low income community.--The term ``low income 
        community'' means a census block group in which not less than 
        30 percent of households are low income.
            (10) Secondary school.--The term ``secondary school'' has 
        the meaning given the term in section 8101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (12) State.--The term ``State'' has the meaning given the 
        term in section 3 of the Energy Policy and Conservation Act (42 
        U.S.C. 6202).
            (13) State energy program.--The term ``State Energy 
        Program'' means the State Energy Program established under part 
        D of title III of the Energy Policy and Conservation Act (42 
        U.S.C. 6321 et seq.).
            (14) Tribal organization.--
                    (A) In general.--The term ``tribal organization'' 
                has the meaning given the term in section 3765 of title 
                38, United States Code.
                    (B) Technical amendment.--Section 3765(4) of title 
                38, United States Code, is amended by striking 
                ``section 4(l) of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b(l))'' and 
                inserting ``section 4 of the Indian Self-Determination 
                and Education Assistance Act (25 U.S.C. 5304)''.
    (b) State Programs.--
            (1) Establishment.--Not later than 60 days after the date 
        of enactment of this Act, the Secretary shall distribute grants 
        to States under the State Energy Program, in accordance with 
        the allocation formula established under that Program, to 
        implement covered projects.
            (2) Use of funds.--
                    (A) In general.--Subject to subparagraph (B), grant 
                funds under paragraph (1) may be used for technical 
                assistance, project facilitation, and administration.
                    (B) Technical assistance.--A State may use not more 
                than 10 percent of grant funds received under paragraph 
                (1) to provide technical assistance for the 
                development, facilitation, management, oversight, and 
                measurement of results of covered projects implemented 
                using those funds.
                    (C) Environmental justice and other communities.--
                To support communities adversely impacted by the COVID-
                19 pandemic, a State shall use not less than 40 percent 
                of grant funds received under paragraph (1) to 
                implement covered projects in environmental justice 
                communities or low income communities.
                    (D) Private financing.--A State receiving a grant 
                under paragraph (1) shall--
                            (i) to the extent practicable, leverage 
                        private financing for cost-effective energy 
                        efficiency, renewable energy, resiliency, and 
                        other smart-building improvements, such as by 
                        entering into an energy service performance 
                        contract; but
                            (ii) maintain the use of grant funds to 
                        carry out covered projects with more project 
                        resiliency, public health, and capital-
                        intensive efficiency and emission reduction 
                        components than are typically available through 
                        private energy service performance contracts.
                    (E) Guidance.--In carrying out a covered project 
                using grant funds received under paragraph (1), a State 
                shall, to the extent practicable, adhere to guidance 
                developed by the Secretary pursuant to the American 
                Recovery and Reinvestment Act of 2009 (Public Law 111-
                5; 123 Stat. 115) relating to distribution of funds, if 
                that guidance will speed the distribution of funds 
                under this subsection.
            (3) No matching requirement.--Notwithstanding any other 
        provision of law, a State receiving a grant under paragraph (1) 
        shall not be required to provide any amount of matching 
        funding.
            (4) Report.--Not later than 1 year after the date on which 
        grants are distributed under paragraph (1), and each year 
        thereafter until the funds appropriated pursuant to paragraph 
        (5) are no longer available, the Secretary shall submit a 
        report on the use of those funds (including in the communities 
        described in paragraph (2)(C)) to--
                    (A) the Subcommittee on Energy and Water 
                Development of the Committee on Appropriations of the 
                Senate;
                    (B) the Subcommittee on Energy and Water 
                Development and Related Agencies of the Committee on 
                Appropriations of the House of Representatives;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (5) Funding.--In addition to any amounts made available to 
        the Secretary to carry out the State Energy Program, there is 
        authorized to be appropriated to the Secretary $18,000,000,000 
        to carry out this subsection, to remain available until 
        September 30, 2025.
            (6) Supplement, not supplant.--Funds made available under 
        paragraph (5) shall supplement, not supplant, any other funds 
        made available to States for the State Energy Program or the 
        weatherization assistance program established under part A of 
        title IV of the Energy Conservation and Production Act (42 
        U.S.C. 6861 et seq.).
    (c) Federal Energy Management Program.--
            (1) In general.--Beginning 60 days after the date of 
        enactment of this Act, the Secretary shall use funds 
        appropriated pursuant to paragraph (4) to provide grants under 
        the AFFECT program under the Federal Energy Management Program 
        of the Department of Energy to implement covered projects.
            (2) Private financing.--A recipient of a grant under 
        paragraph (1) shall--
                    (A) to the extent practicable, leverage private 
                financing for cost-effective energy efficiency, 
                renewable energy, resiliency, and other smart-building 
                improvements, such as by entering into an energy 
                service performance contract; but
                    (B) maintain the use of grant funds to carry out 
                covered projects with more project resiliency, public 
                health, and capital-intensive efficiency and emission 
                reduction components than are typically available 
                through private energy service performance contracts.
            (3) Report.--Not later than 1 year after the date on which 
        grants are distributed under paragraph (1), and each year 
        thereafter until funds appropriated pursuant to paragraph (4) 
        are no longer available, the Secretary shall submit a report on 
        the use of those funds to--
                    (A) the Subcommittee on Energy and Water 
                Development of the Committee on Appropriations of the 
                Senate;
                    (B) the Subcommittee on Energy and Water 
                Development and Related Agencies of the Committee on 
                Appropriations of the House of Representatives;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (4) Funding.--In addition to any amounts made available to 
        the Secretary to carry out the AFFECT program described in 
        paragraph (1), there is authorized to be appropriated to the 
        Secretary $500,000,000 to carry out this subsection, to remain 
        available until September 30, 2025.
    (d) Tribal Organizations.--
            (1) In general.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary, acting through the head 
        of the Office of Indian Energy, shall distribute funds made 
        available under paragraph (3) to tribal organizations to 
        implement covered projects.
            (2) Report.--Not later than 1 year after the date on which 
        funds are distributed under paragraph (1), and each year 
        thereafter until the funds made available under paragraph (3) 
        are no longer available, the Secretary shall submit a report on 
        the use of those funds to--
                    (A) the Subcommittee on Energy and Water 
                Development of the Committee on Appropriations of the 
                Senate;
                    (B) the Subcommittee on Energy and Water 
                Development and Related Agencies of the Committee on 
                Appropriations of the House of Representatives;
                    (C) the Committee on Energy and Natural Resources 
                of the Senate; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.
            (3) Funding.--There is authorized to be appropriated to the 
        Secretary $1,500,000,000 to carry out this subsection, to 
        remain available until September 30, 2025.
    (e) Use of American Iron, Steel, and Manufactured Goods.--
            (1) In general.--Except as provided in paragraph (2), none 
        of the funds made available by or pursuant to this section may 
        be used for a covered project unless all of the iron, steel, 
        and manufactured goods used in the project are produced in the 
        United States.
            (2) Exceptions.--The requirement under paragraph (1) shall 
        be waived by the head of the relevant Federal department or 
        agency in any case or category of cases in which the head of 
        the relevant Federal department or agency determines that--
                    (A) adhering to that requirement would be 
                inconsistent with the public interest;
                    (B) the iron, steel, and manufactured goods needed 
                for the project are not produced in the United States--
                            (i) in sufficient and reasonably available 
                        quantities; and
                            (ii) in a satisfactory quality; or
                    (C) the inclusion of iron, steel, and relevant 
                manufactured goods produced in the United States would 
                increase the overall cost of the project by more than 
                25 percent.
            (3) Waiver publication.--If the head of a Federal 
        department or agency makes a determination under paragraph (2) 
        to waive the requirement under paragraph (1), the head of the 
        Federal department or agency shall publish in the Federal 
        Register a detailed justification for the waiver.
            (4) International agreements.--This subsection shall be 
        applied in a manner consistent with the obligations of the 
        United States under all applicable international agreements.
    (f) Wage Rate Requirements.--
            (1) In general.--Notwithstanding any other provision of 
        law, all laborers and mechanics employed by contractors and 
        subcontractors on projects funded directly or assisted in whole 
        or in part by the Federal Government pursuant to this section 
        shall be paid wages at rates not less than those prevailing on 
        projects of a similar character in the locality, as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code (commonly known as 
        the ``Davis-Bacon Act'').
            (2) Authority.--With respect to the labor standards 
        specified in paragraph (1), the Secretary of Labor shall have 
        the authority and functions set forth in Reorganization Plan 
        Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 
        3145 of title 40, United States Code.

SEC. 33603. PERSONNEL.

    (a) In General.--To carry out section 33602, the Secretary shall 
hire within the Department of Energy--
            (1) not less than 300 full-time employees in the Office of 
        Energy Efficiency and Renewable Energy;
            (2) not less than 100 full-time employees, to be 
        distributed among--
                    (A) the Office of General Counsel;
                    (B) the Office of Procurement Policy;
                    (C) the Golden Field Office;
                    (D) the National Energy Technology Laboratory; and
                    (E) the Office of the Inspector General; and
            (3) not less than 20 full-time employees in the Office of 
        Indian Energy.
    (b) Timeline.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall--
            (1) hire all personnel under subsection (a); or
            (2) certify that the Secretary is unable to hire all 
        personnel by the date required under this subsection.
    (c) Contract Hires.--
            (1) In general.--If the Secretary makes a certification 
        under subsection (b)(2), the Secretary may hire on a contract 
        basis not more than 50 percent of the personnel required to be 
        hired under subsection (a).
            (2) Duration.--An individual hired on a contract basis 
        under paragraph (1) shall have an employment term of not more 
        than 1 year.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $84,000,000 for 
each of fiscal years 2021 through 2031.
    (e) Report.--Not later than 60 days after the date of enactment of 
this Act, and annually thereafter for 2 years, the Secretary shall 
submit a report on progress made in carrying out subsection (a) to--
            (1) the Subcommittee on Energy and Water Development of the 
        Committee on Appropriations of the Senate;
            (2) the Subcommittee on Energy and Water Development and 
        Related Agencies of the Committee on Appropriations of the 
        House of Representatives;
            (3) the Committee on Energy and Natural Resources of the 
        Senate; and
            (4) the Committee on Energy and Commerce of the House of 
        Representatives.

                       Subtitle G--Other Matters

SEC. 33701. WATER REUSE INTERAGENCY WORKING GROUP.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Administrator of the Environmental 
Protection Agency (referred to in this section as the 
``Administrator''), shall establish a Water Reuse Interagency Working 
Group (referred to in this section as the ``Working Group'').
    (b) Purpose.--The purpose of the Working Group is to develop and 
coordinate actions, tools, and resources to advance water reuse across 
the United States, including through the implementation of a National 
Water Reuse Action Plan that creates opportunities for water reuse in 
the mission areas of each of the Federal agencies included in the 
Working Group under subsection (c) (referred to in this section as the 
``Action Plan'').
    (c) Chairperson; Membership.--The Working Group shall be--
            (1) chaired by the Administrator; and
            (2) comprised of senior representatives from such Federal 
        agencies as the Administrator determines to be appropriate.
    (d) Duties of the Working Group.--In carrying out this section, the 
Working Group shall--
            (1) with respect to water reuse, leverage the expertise of 
        industry, the research community, nongovernmental 
        organizations, and government;
            (2) seek to foster water reuse as an important component of 
        integrated water resources management;
            (3) conduct an assessment of new opportunities to advance 
        water reuse and annually update the Action Plan with new 
        actions, as necessary, to pursue those opportunities;
            (4) seek to coordinate Federal programs and policies to 
        support the adoption of water reuse;
            (5) consider how each Federal agency can explore and 
        identify opportunities to support water reuse through the 
        programs and activities of that Federal agency; and
            (6) consult, on a regular basis, with representatives of 
        relevant industries, the research community, and 
        nongovernmental organizations.
    (e) Report.--Not less frequently than once every 2 years, the 
Administrator shall submit to Congress a report on the activities and 
findings of the Working Group.
    (f) Sunset.--
            (1) In general.--Subject to paragraph (2), the Working 
        Group shall terminate on the date that is 6 years after the 
        date of enactment of this Act.
            (2) Extension.--The Administrator may extend the date of 
        termination of the Working Group under paragraph (1).

                Subtitle H--Energy Workforce Development

    CHAPTER 1--OFFICE OF ECONOMIC IMPACT, DIVERSITY, AND EMPLOYMENT

SEC. 33801. NAME OF OFFICE.

    (a) In General.--Section 211 of the Department of Energy 
Organization Act (42 U.S.C. 7141) is amended--
            (1) in the section heading, by striking ``minority economic 
        impact'' and inserting ``economic impact, diversity, and 
        employment''; and
            (2) in subsection (a), by striking ``Office of Minority 
        Economic Impact'' and inserting ``Office of Economic Impact, 
        Diversity, and Employment''.
    (b) Conforming Amendment.--The table of contents for the Department 
of Energy Organization Act is amended by amending the item relating to 
section 211 to read as follows:

``Sec. 211. Office of Economic Impact, Diversity, and Employment.''.

SEC. 33802. ENERGY WORKFORCE DEVELOPMENT PROGRAMS.

    Section 211 of the Department of Energy Organization Act (42 U.S.C. 
7141) is amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (2) by inserting after subsection (e) the following:
    ``(f) The Secretary, acting through the Director, shall establish 
and carry out the programs described in sections 33811 and 33812 of the 
Moving Forward Act.''.

SEC. 33803. AUTHORIZATION.

    Subsection (h) of section 211 of the Department of Energy 
Organization Act (42 U.S.C. 7141), as redesignated by section 33802 of 
this Act, is amended by striking ``not to exceed $3,000,000 for fiscal 
year 1979, not to exceed $5,000,000 for fiscal year 1980, and not to 
exceed $6,000,000 for fiscal year 1981. Of the amounts so appropriated 
each fiscal year, not less than 50 percent shall be available for 
purposes of financial assistance under subsection (e).'' and inserting 
``$100,000,000 for each of fiscal years 2020 through 2024.''.

                CHAPTER 2--ENERGY WORKFORCE DEVELOPMENT

SEC. 33811. ENERGY WORKFORCE DEVELOPMENT.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary, acting through the Director of the Office of Economic 
Impact, Diversity, and Employment, shall establish and carry out a 
comprehensive, nationwide program to improve education and training for 
jobs in energy-related industries, including manufacturing, 
engineering, construction, and retrofitting jobs in such energy-related 
industries, in order to increase the number of skilled workers trained 
to work in such energy-related industries, including by--
            (1) encouraging underrepresented groups, including 
        religious and ethnic minorities, women, veterans, individuals 
        with disabilities, unemployed energy workers, and 
        socioeconomically disadvantaged individuals to enter into the 
        science, technology, engineering, and mathematics (in this 
        section referred to as ``STEM'') fields;
            (2) encouraging the Nation's educational institutions to 
        equip students with the skills, mentorships, training, and 
        technical expertise necessary to fill the employment 
        opportunities vital to managing and operating the Nation's 
        energy-related industries;
            (3) providing students and other candidates for employment 
        with the necessary skills and certifications for skilled, 
        semiskilled, and highly skilled jobs in such energy-related 
        industries;
            (4) strengthening and more fully engaging Department of 
        Energy programs and laboratories in carrying out the 
        Department's Minorities in Energy Initiative; and
            (5) to the greatest extent possible, collaborating with and 
        supporting existing State workforce development programs to 
        maximize program efficiency.
    (b) Priority.--In carrying out the program established under 
subsection (a), the Secretary shall prioritize the education and 
training of underrepresented groups for jobs in energy-related 
industries.
    (c) Direct Assistance.--In carrying out the program established 
under subsection (a), the Secretary shall provide direct assistance 
(including financial assistance awards, technical expertise, and 
internships) to educational institutions, local workforce development 
boards, State workforce development boards, nonprofit organizations, 
labor organizations, and apprenticeship programs. The Secretary shall 
distribute such direct assistance in a manner proportional to the needs 
of, and demand for jobs in, energy-related industries, consistent with 
information obtained under subsections (e)(3) and (i).
    (d) Clearinghouse.--In carrying out the program established under 
subsection (a), the Secretary shall establish a clearinghouse to--
            (1) maintain and update information and resources on 
        training programs for jobs in energy-related industries, 
        including manufacturing, engineering, construction, and 
        retrofitting jobs in such energy-related industries; and
            (2) act as a resource for educational institutions, local 
        workforce development boards, State workforce development 
        boards, nonprofit organizations, labor organizations, and 
        apprenticeship programs that would like to develop and 
        implement training programs for such jobs.
    (e) Collaboration and Report.--In carrying out the program 
established under subsection (a), the Secretary--
            (1) shall collaborate with educational institutions, local 
        workforce development boards, State workforce development 
        boards, nonprofit organizations, labor organizations, 
        apprenticeship programs, and energy-related industries;
            (2) shall encourage and foster collaboration, mentorships, 
        and partnerships among industry, local workforce development 
        boards, State workforce development boards, nonprofit 
        organizations, labor organizations, and apprenticeship programs 
        that currently provide effective training programs for jobs in 
        energy-related industries and educational institutions that 
        seek to establish these types of programs in order to share 
        best practices and approaches that best suit local, State, and 
        national needs; and
            (3) shall collaborate with the Bureau of Labor Statistics, 
        the Department of Commerce, the Bureau of the Census, and 
        energy-related industries to--
                    (A) develop a comprehensive and detailed 
                understanding of the workforce needs of such energy-
                related industries, and job opportunities in such 
                energy-related industries, by State and by region; and
                    (B) publish an annual report on job creation in the 
                energy-related industries described in subsection 
                (i)(2).
    (f) Guidelines for Educational Institutions.--
            (1) In general.--In carrying out the program established 
        under subsection (a), the Secretary, in collaboration with the 
        Secretary of Education, the Secretary of Commerce, the 
        Secretary of Labor, and the National Science Foundation, shall 
        develop voluntary guidelines or best practices for educational 
        institutions to help provide graduates with the skills 
        necessary for jobs in energy-related industries, including 
        manufacturing, engineering, construction, and retrofitting jobs 
        in such energy-related industries.
            (2) Input.--The Secretary shall solicit input from energy-
        related industries in developing guidelines or best practices 
        under paragraph (1).
            (3) Energy efficiency and conservation initiatives.--The 
        guidelines or best practices developed under paragraph (1) 
        shall include grade-specific guidelines for teaching energy 
        efficiency technology, manufacturing efficiency technology, 
        community energy resiliency, and conservation initiatives to 
        educate students and families.
            (4) STEM education.--The guidelines or best practices 
        developed under paragraph (1) shall promote STEM education in 
        educational institutions as it relates to job opportunities in 
        energy-related industries.
    (g) Outreach to Minority-Serving Institutions.--In carrying out the 
program established under subsection (a), the Secretary shall--
            (1) give special consideration to increasing outreach to 
        minority-serving institutions;
            (2) make resources available to minority-serving 
        institutions with the objective of increasing the number of 
        skilled minorities and women trained for jobs in energy-related 
        industries, including manufacturing, engineering, construction, 
        and retrofitting jobs in such energy-related industries;
            (3) encourage energy-related industries to improve the 
        opportunities for students of minority-serving institutions to 
        participate in industry internships and cooperative work-study 
        programs; and
            (4) partner with the Department of Energy laboratories to 
        increase underrepresented groups' participation in internships, 
        fellowships, traineeships, and employment at all Department of 
        Energy laboratories.
    (h) Outreach to Displaced and Unemployed Energy Workers.--In 
carrying out the program established under subsection (a), the 
Secretary shall--
            (1) give special consideration to increasing outreach to 
        employers and job trainers preparing displaced and unemployed 
        energy workers for emerging jobs in energy-related industries, 
        including manufacturing, engineering, construction, and 
        retrofitting jobs in such energy-related industries;
            (2) make resources available to institutions serving 
        displaced and unemployed energy workers with the objective of 
        increasing the number of individuals trained for jobs in 
        energy-related industries, including manufacturing, 
        engineering, construction, and retrofitting jobs in such 
        energy-related industries; and
            (3) encourage energy-related industries to improve 
        opportunities for displaced and unemployed energy workers to 
        participate in industry internships and cooperative work-study 
        programs.
    (i) Guidelines To Develop Skills for an Energy Industry 
Workforce.--In carrying out the program established under subsection 
(a), the Secretary shall, in collaboration with energy-related 
industries--
            (1) identify the areas with the greatest demand for workers 
        in each such industry; and
            (2) develop guidelines for the skills necessary for work in 
        the following energy-related industries:
                    (A) Energy efficiency industry, including work in 
                energy efficiency, conservation, weatherization, 
                retrofitting, or as inspectors or auditors.
                    (B) Renewable energy industry, including work in 
                the development, engineering, manufacturing, and 
                production of renewable energy from renewable energy 
                sources (such as solar, hydropower, wind, or geothermal 
                energy).
                    (C) Community energy resiliency industry, including 
                work in the installation of rooftop solar, in battery 
                storage, and in microgrid technologies.
                    (D) Fuel cell and hydrogen energy industry.
                    (E) Manufacturing industry, including work as 
                operations technicians, in operations and design in 
                additive manufacturing, 3-D printing, and advanced 
                composites and advanced aluminum and other metal 
                alloys, industrial energy efficiency management 
                systems, including power electronics, and other 
                innovative technologies.
                    (F) Chemical manufacturing industry, including work 
                in construction (such as welders, pipefitters, and tool 
                and die makers) or as instrument and electrical 
                technicians, machinists, chemical process operators, 
                engineers, quality and safety professionals, and 
                reliability engineers.
                    (G) Utility industry, including work in the 
                generation, transmission, and distribution of 
                electricity and natural gas, such as utility 
                technicians, operators, lineworkers, engineers, 
                scientists, and information technology specialists.
                    (H) Alternative fuels industry, including work in 
                biofuel development and production.
                    (I) Pipeline industry, including work in pipeline 
                construction and maintenance or work as engineers or 
                technical advisors.
                    (J) Nuclear industry, including work as scientists, 
                engineers, technicians, mathematicians, or security 
                personnel.
                    (K) Oil and gas industry, including work as 
                scientists, engineers, technicians, mathematicians, 
                petrochemical engineers, or geologists.
                    (L) Coal industry, including work as coal miners, 
                engineers, developers and manufacturers of state-of-
                the-art coal facilities, technology vendors, coal 
                transportation workers and operators, or mining 
                equipment vendors.
    (j) Enrollment in Training and Apprenticeship Programs.--In 
carrying out the program established under subsection (a), the 
Secretary shall work with industry, local workforce development boards, 
State workforce development boards, nonprofit organizations, labor 
organizations, and apprenticeship programs to help identify students 
and other candidates, including from underrepresented communities such 
as minorities, women, and veterans, to enroll into training and 
apprenticeship programs for jobs in energy-related industries.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $20,000,000 for each of fiscal 
years 2020 through 2024.

SEC. 33812. ENERGY WORKFORCE GRANT PROGRAM.

    (a) Program.--
            (1) Establishment.--Subject to the availability of 
        appropriations, the Secretary, acting through the Director of 
        the Office of Economic Impact, Diversity, and Employment, shall 
        establish and carry out a program to provide grants to eligible 
        businesses to pay the wages of new and existing employees 
        during the time period that such employees are receiving 
        training to work in the renewable energy sector, energy 
        efficiency sector, or grid modernization sector.
            (2) Guidelines.--Not later than 60 days after the date of 
        enactment of this Act, the Secretary, in consultation with 
        stakeholders, contractors, and organizations that work to 
        advance existing residential energy efficiency, shall establish 
        guidelines to identify training that is eligible for purposes 
        of the program established pursuant to paragraph (1).
    (b) Eligibility.--To be eligible to receive a grant under the 
program established under subsection (a) or a business or labor 
management organization that is directly involved with energy 
efficiency or renewable energy technology, or working on behalf of any 
such business, shall provide services related to--
            (1) renewable electric energy generation, including solar, 
        wind, geothermal, hydropower, and other renewable electric 
        energy generation technologies;
            (2) energy efficiency, including energy-efficient lighting, 
        heating, ventilation, and air conditioning, air source heat 
        pumps, advanced building materials, insulation and air sealing, 
        and other high-efficiency products and services, including 
        auditing and inspection;
            (3) grid modernization or energy storage, including smart 
        grid, microgrid and other distributed energy solutions, demand 
        response management, and home energy management technology; or
            (4) fuel cell and hybrid fuel cell generation.
    (c) Use of Grants.--An eligible business with--
            (1) 20 or fewer employees may use a grant provided under 
        the program established under subsection (a) to pay up to--
                    (A) 45 percent of an employee's wages for the 
                duration of the training, if the training is provided 
                by the eligible business; and
                    (B) 90 percent of an employee's wages for the 
                duration of the training, if the training is provided 
                by an entity other than the eligible business;
            (2) 21 to 99 employees may use a grant provided under the 
        program established under subsection (a) to pay up to--
                    (A) 37.5 percent of an employee's wages for the 
                duration of the training, if the training is provided 
                by the eligible business; and
                    (B) 75 percent of an employee's wages for the 
                duration of the training, if the training is provided 
                by an entity other than the eligible business; and
            (3) 100 employees or more may use a grant provided under 
        the program established under subsection (a) to pay up to--
                    (A) 25 percent of an employee's wages for the 
                duration of the training, if the training is provided 
                by the eligible business; and
                    (B) 50 percent of an employee's wages for the 
                duration of the training, if the training is provided 
                by an entity other than the eligible business.
    (d) Priority for Targeted Communities.--In providing grants under 
the program established under subsection (a), the Secretary shall give 
priority to eligible businesses that--
            (1) recruit employees--
                    (A) from the communities that the businesses serve; 
                and
                    (B) that are minorities, women, persons who are or 
                were foster children, persons who are transitioning 
                from fossil energy sector jobs, or veterans; and
            (2) provide trainees with the opportunity to obtain real-
        world experience.
    (e) Limit.--An eligible business may not receive more than $100,000 
under the program established under subsection (a) per fiscal year.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $70,000,000 for each of fiscal 
years 2020 through 2024.

SEC. 33813. DEFINITIONS.

    In this subtitle:
            (1) Apprenticeship.--The term ``apprenticeship'' means an 
        apprenticeship registered under the Act of August 16, 1937 
        (commonly known as the ``National Apprenticeship Act''; 50 
        Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
            (2) Educational institution.--The term ``educational 
        institution'' means an elementary school, secondary school, or 
        institution of higher education.
            (3) Elementary school and secondary school.--The terms 
        ``elementary school'' and ``secondary school'' have the 
        meanings given such terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (4) Energy-related industry.--The term ``energy-related 
        industry'' includes each of the energy efficiency, renewable 
        energy, chemical manufacturing, utility, alternative fuels, 
        pipeline, nuclear energy, oil, gas, and coal industries.
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given such 
        term in section 102 of the Higher Education Act of 1965 (20 
        U.S.C. 1002).
            (6) Labor organization.--The term ``labor organization'' 
        has the meaning given such term in section 2 of the National 
        Labor Relations Act (29 U.S.C. 152).
            (7) Local workforce development board.--The term ``local 
        workforce development board'' means a local board, as defined 
        in section 3 of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3102).
            (8) Minority-serving institution.--The term ``minority-
        serving institution'' means an institution of higher education 
        that is of one of the following:
                    (A) Hispanic-serving institution (as defined in 
                section 502(a)(5) of the Higher Education Act of 1965 
                (20 U.S.C. 1101a(a)(5))).
                    (B) Tribal College or University (as defined in 
                section 316(b) of the Higher Education Act of 1965 (20 
                U.S.C. 1059c(b))).
                    (C) Alaska Native-serving institution (as defined 
                in section 317(b) of the Higher Education Act of 1965 
                (20 U.S.C. 1059d(b))).
                    (D) Native Hawaiian-serving institution (as defined 
                in section 317(b) of the Higher Education Act of 1965 
                (20 U.S.C. 1059d(b))).
                    (E) Predominantly Black Institution (as defined in 
                section 318(b) of the Higher Education Act of 1965 (20 
                U.S.C. 1059e(b))).
                    (F) Native American-serving nontribal institution 
                (as defined in section 319(b) of the Higher Education 
                Act of 1965 (20 U.S.C. 1059f(b))).
                    (G) Asian American and Native American Pacific 
                Islander-serving institution (as defined in section 
                320(b) of the Higher Education Act of 1965 (20 U.S.C. 
                1059g(b))).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Energy.
            (10) State workforce development board.--The term ``State 
        workforce development board'' means a State board, as defined 
        in section 3 of the Workforce Innovation and Opportunity Act 
        (29 U.S.C. 3102).

                  TITLE IV--HEALTH CARE INFRASTRUCTURE

SEC. 34101. HOSPITAL INFRASTRUCTURE.

    (a) In General.--Section 1610(a) of the Public Health Service Act 
(42 U.S.C. 300r(a)) is amended--
            (1) in paragraph (1)(A)--
                    (A) in clause (i), by striking ``or'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; or''; and
                    (C) by adding at the end the following:
            ``(iii) increase capacity and update hospitals and other 
        medical facilities in order to better serve communities in 
        need.''; and
            (2) by striking paragraph (3) and inserting the following 
        paragraphs:
    ``(3) Priority.--In awarding grants under this subsection, the 
Secretary shall give priority to applicants whose projects will 
include, by design, public health emergency preparedness, natural 
disaster emergency preparedness, flood mitigation, or cybersecurity 
against cyber threats.
    ``(4) American Iron and Steel Products.--
            ``(A) In general.--As a condition on receipt of a grant 
        under this subsection for a project, an entity shall ensure 
        that all of the iron and steel products used in the project are 
        produced in the United States.
            ``(B) Application.--Subparagraph (A) shall be waived in any 
        case or category of cases in which the Secretary finds that--
                    ``(i) applying subparagraph (A) would be 
                inconsistent with the public interest;
                    ``(ii) iron and steel products are not produced in 
                the United States in sufficient and reasonably 
                available quantities and of a satisfactory quality; or
                    ``(iii) inclusion of iron and steel products 
                produced in the United States will increase the cost of 
                the overall project by more than 25 percent.
            ``(C) Waiver.--If the Secretary receives a request for a 
        waiver under this paragraph, the Secretary shall make available 
        to the public, on an informal basis, a copy of the request and 
        information available to the Secretary concerning the request, 
        and shall allow for informal public input on the request for at 
        least 15 days prior to making a finding based on the request. 
        The Secretary shall make the request and accompanying 
        information available by electronic means, including on the 
        official public internet site of the Department of Health and 
        Human Services.
            ``(D) International agreements.--This paragraph shall be 
        applied in a manner consistent with United States obligations 
        under international agreements.
            ``(E) Management and oversight.--The Secretary may retain 
        up to 0.25 percent of the funds appropriated for this 
        subsection for management and oversight of the requirements of 
        this paragraph.
            ``(F) Effective date.--This paragraph does not apply with 
        respect to a project if a State agency approves the engineering 
        plans and specifications for the project, in that agency's 
        capacity to approve such plans and specifications prior to a 
        project requesting bids, prior to the date of enactment of this 
        paragraph.
    ``(5) Energy Efficiency.--
            ``(A) In general.--As a condition on receipt of a grant 
        under this subsection for a project, a grant recipient shall 
        ensure that the project increases--
                    ``(i) energy efficiency;
                    ``(ii) energy resilience; or
                    ``(iii) the use of renewable energy.
            ``(B) Application.--Subparagraph (A) shall be waived in any 
        case or category of cases in which the Secretary finds that 
        applying subparagraph (A)--
                    ``(i) would be inconsistent with the public 
                interest; or
                    ``(ii) will increase the cost of the overall 
                project by more than 25 percent.
            ``(C) Waiver.--If the Secretary receives a request for a 
        waiver under this paragraph, the Secretary shall make available 
        to the public, on an informal basis, a copy of the request and 
        information available to the Secretary concerning the request, 
        and shall allow for informal public input on the request for at 
        least 15 days prior to making a finding based on the request. 
        The Secretary shall make the request and accompanying 
        information available by electronic means, including on the 
        official public internet site of the Department of Health and 
        Human Services.
            ``(D) Management and oversight.--The Secretary may retain 
        up to 0.25 percent of the funds appropriated for this 
        subsection for management and oversight of the requirements of 
        this paragraph.
            ``(E) Effective date.--This paragraph does not apply with 
        respect to a project if a State agency approves the engineering 
        plans and specifications for the project, in that agency's 
        capacity to approve such plans and specifications prior to a 
        project requesting bids, prior to the date of enactment of this 
        paragraph.
    ``(6) Authorization of Appropriations.--To carry out this 
subsection, there is authorized to be appropriated $2,000,000,000 for 
each of fiscal years 2021 through 2025.''.
    (b) Technical Update.--Section 1610(b) of the Public Health Service 
Act (42 U.S.C. 300r(b)) is amended by striking paragraph (3).

SEC. 34102. COMMUNITY HEALTH CENTER CAPITAL PROJECT FUNDING.

    Section 10503 of the Patient Protection and Affordable Care Act (42 
U.S.C. 254b-2) is amended by striking subsection (c) and inserting the 
following:
    ``(c) Capital Projects.--
            ``(1) In general.--There is authorized to be appropriated 
        to the CHC Fund to be transferred to the Secretary of Health 
        and Human Services for capital projects of the community health 
        center program under section 330 of the Public Health Service 
        Act, $10,000,000,000 for the period of fiscal years 2021 
        through 2025.
            ``(2) Energy efficiency.--
                    ``(A) In general.--As a condition on receipt of a 
                grant for a capital project pursuant to paragraph (1), 
                a grant recipient shall ensure that the capital project 
                increases--
                            ``(i) energy efficiency;
                            ``(ii) energy resilience; or
                            ``(iii) the use of renewable energy.
                    ``(B) Application.--Subparagraph (A) shall be 
                waived in any case or category of cases in which the 
                Secretary finds that applying subparagraph (A)--
                            ``(i) would be inconsistent with the public 
                        interest; or
                            ``(ii) will increase the cost of the 
                        overall project by more than 25 percent.
                    ``(C) Waiver.--If the Secretary receives a request 
                for a waiver under this subsection, the Secretary shall 
                make available to the public, on an informal basis, a 
                copy of the request and information available to the 
                Secretary concerning the request, and shall allow for 
                informal public input on the request for at least 15 
                days prior to making a finding based on the request. 
                The Secretary shall make the request and accompanying 
                information available by electronic means, including on 
                the official public internet site of the Department of 
                Health and Human Services.
                    ``(D) Management and oversight.--The Secretary may 
                retain up to 0.25 percent of the funds appropriated for 
                this subsection for management and oversight of the 
                requirements of this paragraph.
                    ``(E) Effective date.--This paragraph does not 
                apply with respect to a capital project if a State 
                agency approves the engineering plans and 
                specifications for the capital project, in that 
                agency's capacity to approve such plans and 
                specifications prior to a project requesting bids, 
                prior to the date of enactment of this paragraph.
            ``(3) Applicability of davis-bacon act.--
                    ``(A) In general.--The Secretary shall require that 
                each entity applying for a grant for any capital 
                project pursuant to paragraph (1), funded in whole or 
                in part with funds made available under this 
                subsection, shall include in such application written 
                assurance that all laborers and mechanics employed by 
                contractors or subcontractors in the performance of 
                construction, alternation or repair, as part of such 
                project, shall be paid wages at rates not less than 
                those prevailing on similar work in the locality as 
                determined by the Secretary of Labor in accordance with 
                subchapter IV of chapter 31 of part A of subtitle II of 
                title 40, United States Code (commonly referred to (and 
                referred to in this section) as the `Davis-Bacon Act').
                    ``(B) Authority to enforce.--With respect to the 
                labor standards specified in the Davis-Bacon Act, the 
                Secretary of Labor shall have the authority and 
                functions set forth in Reorganization Plan Numbered 14 
                of 1950 (15 Fed. Reg. 3176; 5 U.S.C. App.) and section 
                2 of the Act of June 13, 1934 (40 U.S.C. 276c).''.

SEC. 34103. PILOT PROGRAM TO IMPROVE LABORATORY INFRASTRUCTURE.

    (a) In General.--The Secretary of Health and Human Services shall 
award grants to States and political subdivisions of States to support 
the improvement, renovation, or modernization of infrastructure at 
clinical laboratories (as defined in section 353 of the Public Health 
Service Act (42 U.S.C. 263a)) that will help to improve SARS-CoV-2 and 
COVID-19 testing and response activities, including the expansion and 
enhancement of testing capacity and the reduction of wait times for 
results at such laboratories.
    (b) Energy Efficiency.--
            (1) In general.--As a condition on receipt of a grant under 
        this section for a project, a grant recipient shall ensure that 
        the project increases--
                    (A) energy efficiency;
                    (B) energy resilience; or
                    (C) the use of renewable energy.
            (2) Application.--Paragraph (1) shall be waived in any case 
        or category of cases in which the Secretary finds that applying 
        paragraph (1)--
                    (A) would be inconsistent with the public interest; 
                or
                    (B) will increase the cost of the overall project 
                by more than 25 percent.
            (3) Waiver.--If the Secretary receives a request for a 
        waiver under this subsection, the Secretary shall make 
        available to the public, on an informal basis, a copy of the 
        request and information available to the Secretary concerning 
        the request, and shall allow for informal public input on the 
        request for at least 15 days prior to making a finding based on 
        the request. The Secretary shall make the request and 
        accompanying information available by electronic means, 
        including on the official public internet site of the 
        Department of Health and Human Services.
            (4) Management and oversight.--The Secretary may retain up 
        to 0.25 percent of the funds appropriated for this section for 
        management and oversight of the requirements of this 
        subsection.
            (5) Effective date.--This subsection does not apply with 
        respect to a project if a State agency approves the engineering 
        plans and specifications for the project, in that agency's 
        capacity to approve such plans and specifications prior to a 
        project requesting bids, prior to the date of enactment of this 
        subsection.
    (c) Applicability of Davis-Bacon Act.--
            (1) In general.--The Secretary shall require that each 
        State or political subdivision of a State applying for a grant, 
        with respect to a project for the improvement, renovation, or 
        modernization of infrastructure at clinical laboratories under 
        this section, funded in whole or in part with funds made 
        available under this section, shall include in such application 
        written assurance that all laborers and mechanics employed by 
        contractors or subcontractors in the performance of 
        construction, alternation, or repair, as part of such project, 
        shall be paid wages at rates not less than those prevailing on 
        similar work in the locality as determined by the Secretary of 
        Labor in accordance with subchapter IV of chapter 31 of part A 
        of subtitle II of title 40, United States Code (commonly 
        referred to (and referred to in this section) as the ``Davis-
        Bacon Act'').
            (2) Authority to enforce.--With respect to the labor 
        standards specified in the Davis-Bacon Act, the Secretary of 
        Labor shall have the authority and functions set forth in 
        Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 
        U.S.C. App.) and section 2 of the Act of June 13, 1934 (40 
        U.S.C. 276c).
    (d) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $4,500,000,000 for the period of 
fiscal years 2021 through 2025.

SEC. 34104. 21ST CENTURY INDIAN HEALTH PROGRAM HOSPITALS AND OUTPATIENT 
              HEALTH CARE FACILITIES.

    The Indian Health Care Improvement Act is amended by inserting 
after section 301 of such Act (25 U.S.C. 1631) the following:

``SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, CONSTRUCTION, 
              MODERNIZATION, AND RENOVATION OF HOSPITALS AND OUTPATIENT 
              HEALTH CARE FACILITIES.

    ``(a) Additional Funding.--For the purpose described in subsection 
(b), in addition to any other funds available for such purpose, there 
is authorized to be appropriated $5,000,000,000 for the period of 
fiscal years 2021 through 2025.
    ``(b) Purpose.--The purpose described in this subsection is the 
planning, design, construction, modernization, and renovation of 
hospitals and outpatient health care facilities that are funded, in 
whole or part, by the Service through, or provided for in, a contract 
or compact with the Service under the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 5301 et seq.), including to address 
COVID-19 and other subsequent public health crises.
    ``(c) Tribal Consultation.--The Secretary shall engage in 
consultation with Indian Tribes and Tribal organizations to receive 
guidance and recommendations from Tribal officials before initiating 
any construction projects under this section on federally-operated 
facilities of the Service.
    ``(d) Energy Efficiency.--
            ``(1) In general.--As a condition on receipt of funding 
        under this section for a project, the recipient of such funding 
        shall ensure that the project increases--
                    ``(A) energy efficiency;
                    ``(B) energy resilience; or
                    ``(C) the use of renewable energy.
            ``(2) Application.--Paragraph (1) shall be waived in any 
        case or category of cases in which the Secretary finds that 
        applying paragraph (1)--
                    ``(A) would be inconsistent with the public 
                interest; or
                    ``(B) will increase the cost of the overall project 
                by more than 25 percent.
            ``(3) Waiver.--If the Secretary receives a request for a 
        waiver under this subsection, the Secretary shall make 
        available to the public, on an informal basis, a copy of the 
        request and information available to the Secretary concerning 
        the request. The Secretary shall make the request and 
        accompanying information available by electronic means, 
        including on the official public internet site of the 
        Department of Health and Human Services.
            ``(4) Management and oversight.--The Secretary may retain 
        up to 0.25 percent of the funds appropriated for this section 
        for management and oversight of the requirements of this 
        subsection.
            ``(5) Effective date.--This subsection does not apply with 
        respect to a project if a State agency approves the engineering 
        plans and specifications for the project, in that agency's 
        capacity to approve such plans and specifications prior to a 
        project requesting bids, prior to the date of enactment of this 
        subsection.''.

SEC. 34105. PILOT PROGRAM TO IMPROVE COMMUNITY-BASED CARE 
              INFRASTRUCTURE.

    (a) In General.--The Secretary of Health and Human Services may 
award grants to qualified teaching health centers (as defined in 
section 340H of the Public Health Service Act (42 U.S.C. 256h)) and 
behavioral health care centers (as defined by the Secretary, to include 
both substance abuse and mental health care facilities) to support the 
improvement, renovation, or modernization of infrastructure at such 
centers, including to address COVID-19 and other subsequent public 
health crises.
    (b) Energy Efficiency.--
            (1) In general.--As a condition on receipt of a grant under 
        this section for a project, a grant recipient shall ensure that 
        the project increases--
                    (A) energy efficiency;
                    (B) energy resilience; or
                    (C) the use of renewable energy.
            (2) Application.--Paragraph (1) shall be waived in any case 
        or category of cases in which the Secretary finds that applying 
        paragraph (1)--
                    (A) would be inconsistent with the public interest; 
                or
                    (B) will increase the cost of the overall project 
                by more than 25 percent.
            (3) Waiver.--If the Secretary receives a request for a 
        waiver under this subsection, the Secretary shall make 
        available to the public, on an informal basis, a copy of the 
        request and information available to the Secretary concerning 
        the request, and shall allow for informal public input on the 
        request for at least 15 days prior to making a finding based on 
        the request. The Secretary shall make the request and 
        accompanying information available by electronic means, 
        including on the official public internet site of the 
        Department of Health and Human Services.
            (4) Management and oversight.--The Secretary may retain up 
        to 0.25 percent of the funds appropriated for this section for 
        management and oversight of the requirements of this 
        subsection.
            (5) Effective date.--This subsection does not apply with 
        respect to a project if a State agency approves the engineering 
        plans and specifications for the project, in that agency's 
        capacity to approve such plans and specifications prior to a 
        project requesting bids, prior to the date of enactment of this 
        subsection.
    (c) Applicability of Davis-Bacon Act.--
            (1) In general.--The Secretary shall require that each 
        qualified teaching health center or behavioral health care 
        center applying for a grant, with respect to a project for the 
        improvement, renovation, or modernization of infrastructure at 
        a qualified teaching health center or behavior health care 
        center under this section, funded in whole or in part with 
        funds made available under this section, shall include in such 
        application written assurance that all laborers and mechanics 
        employed by contractors or subcontractors in the performance of 
        construction, alternation, or repair, as part of such project, 
        shall be paid wages at rates not less than those prevailing on 
        similar work in the locality as determined by the Secretary of 
        Labor in accordance with subchapter IV of chapter 31 of part A 
        of subtitle II of title 40, United States Code (commonly 
        referred to (and referred to in this section) as the ``Davis-
        Bacon Act'').
            (2) Authority to enforce.--With respect to the labor 
        standards specified in the Davis-Bacon Act, the Secretary of 
        Labor shall have the authority and functions set forth in 
        Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 
        U.S.C. App.) and section 2 of the Act of June 13, 1934 (40 
        U.S.C. 276c).
    (d) Authorization of Appropriations.--To carry out this section, 
there is authorized to be appropriated $500,000,000, to remain 
available until expended.

SEC. 34106. ACCESS ROAD FOR DESERT SAGE YOUTH WELLNESS CENTER.

    (a) Acquisition of Land.--
            (1) Authorization.--The Secretary of Health and Human 
        Services, acting through the Director of the Indian Health 
        Service, is authorized to acquire, from willing sellers, the 
        land in Hemet, California, upon which is located a dirt road 
        known as ``Best Road'', beginning at the driveway of the Desert 
        Sage Youth Wellness Center at Faure Road and extending to the 
        junction of Best Road and Sage Road.
            (2) Compensation.--The Secretary shall pay fair market 
        value for the land authorized to be acquired under paragraph 
        (1). Fair market value shall be determined--
                    (A) using Uniform Appraisal Standards for Federal 
                Land Acquisitions; and
                    (B) by an appraiser acceptable to the Secretary and 
                the owners of the land to be acquired.
            (3) Additional rights.--In addition to the land referred to 
        in paragraph (1), the Secretary is authorized to acquire, from 
        willing sellers, land or interests in land as reasonably 
        necessary to construct and maintain the road as required by 
        subsection (b).
    (b) Construction and Maintenance of Road.--
            (1) Construction.--After the Secretary acquires the land 
        pursuant to subsection (a), the Secretary shall construct on 
        that land a paved road that is generally located over Best Road 
        to facilitate access to the Desert Sage Youth Wellness Center 
        in Hemet, California.
            (2) Maintenance.--The Secretary--
                    (A) shall maintain and manage the road constructed 
                pursuant to paragraph (1); or
                    (B) enter into an agreement with Riverside County, 
                California, to own, maintain and manage the road 
                constructed pursuant to paragraph (1).

                    DIVISION H--ADDITIONAL PROGRAMS

                      TITLE I--ADDITIONAL PROGRAMS

SEC. 40001. NATIONAL SCENIC BYWAYS PROGRAM.

    There are authorized to be appropriated out of the general fund of 
the Treasury, for the national scenic byways program under section 162 
of title 23, United States Code--
            (1) $55,000,000 for fiscal year 2021;
            (2) $60,000,000 for fiscal year 2022;
            (3) $65,000,000 for fiscal year 2023;
            (4) $70,000,000 for fiscal year 2024; and
            (5) $75,000,000 for fiscal year 2025.

SEC. 40002. AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF VETERANS 
              AFFAIRS.

    (a) In General.--There is authorized to be appropriated for the 
Department of Veterans Affairs $3,396,000,000 to carry out subsection 
(b). Amounts appropriated pursuant to this section shall remain 
available for obligation or expenditure without fiscal year limitation.
    (b) Use of Amounts.--The amount authorized to be appropriated under 
subsection (a) shall be used by the Secretary of Veterans Affairs as 
follows:
            (1) $750,000,000 for minor construction.
            (2) $750,000,000 for non-recurring maintenance.
            (3) $1,350,000,000 for major construction projects that are 
        partially funded for fiscal year 2021.
            (4) $546,000,000 for grants under subchapter III of chapter 
        81 of title 38, United States Code.
    (c) Contracting Goals.--The contracting goals under section 
15(g)(1) and (2) of the Small Business Act (15 U.S.C. 644) shall apply 
to a contract entered into using amounts authorized to be appropriated 
under this section and used pursuant to subsection (b)(1) and (2).

SEC. 40003. REQUIREMENTS FOR OWNERS AND OPERATORS OF EQUIPMENT OR 
              FACILITIES USED BY PASSENGER OR FREIGHT TRANSPORTATION 
              EMPLOYERS.

    (a) Definitions.--In this section:
            (1) At-risk employee.--The term ``at-risk employee'' means 
        an employee (including a Federal employee) or contractor of a 
        passenger or freight transportation employer--
                    (A) whose job responsibilities involve interaction 
                with--
                            (i) passengers;
                            (ii) the public; or
                            (iii) coworkers who interact with the 
                        public;
                    (B) who handles items which are handled or will be 
                handled by the public; or
                    (C) who works in locations where social distancing 
                and other preventative measures with respect to the 
                Coronavirus Disease 2019 (COVID-19) are not possible.
            (2) Passenger or freight transportation employer.--The term 
        ``passenger or freight transportation employer'' includes--
                    (A) the owner, charterer, managing operator, 
                master, or other individual in charge of a passenger 
                vessel (as defined in section 2101 of title 46, United 
                States Code);
                    (B) an air carrier (as defined in section 40102 of 
                title 49, United States Code);
                    (C) a commuter authority (as defined in section 
                24102 of title 49, United State Code);
                    (D) an entity that provides intercity rail 
                passenger transportation (as defined in section 24102 
                of title 49, United States Code);
                    (E) a rail carrier (as defined in section 10102 of 
                title 49, United States Code);
                    (F) a regional transportation authority (as defined 
                in section 24102 of title 49, United States Code);
                    (G) a provider of public transportation (as defined 
                in section 5302 of title 49, United States Code);
                    (H) a provider of motorcoach services (as defined 
                in section 32702 of the Motorcoach Enhanced Safety Act 
                of 2012 (49 U.S.C. 31136 note; Public Law 112-141));
                    (I) a motor carrier that owns or operates more than 
                100 motor vehicles (as those terms are defined in 
                section 390.5 of title 49, Code of Federal Regulations 
                (or successor regulations));
                    (J) a sponsor, owner, or operator of a public-use 
                airport (as defined in section 47102 of title 49, 
                United States Code);
                    (K) a marine terminal operator (as defined in 
                section 40102 of title 46, United States Code) and the 
                relevant authority or operator of a port or harbor;
                    (L) the Transportation Security Administration, 
                exclusively with respect to Transportation Security 
                Officers; and
                    (M) a marine terminal operator (as defined in 
                section 40102 of title 46, United States Code) and the 
                relevant authority or operator of a port or harbor, or 
                any other employer of individuals covered under section 
                2(3) of the Longshore and Harbor Workers' Compensation 
                Act (33 U.S.C. 902(3)).
    (b) Requirements.--For the purposes of responding to, or for 
purposes relating to operations during the national emergency declared 
by the President under the National Emergencies Act (50 U.S.C. 1601 et 
seq.) related to the pandemic of SARS-4CoV-2 or coronavirus disease 
2019 (COVID-19), the Secretary shall require--
            (1) the owners or operators of equipment, stations, or 
        facilities used by passenger or freight transportation 
        employers, as applicable--
                    (A) to clean, disinfect, and sanitize, in 
                accordance with guidance issued by the Centers for 
                Disease Control and Prevention, the equipment and 
                facilities, including, as applicable--
                            (i) buses;
                            (ii) commercial motor vehicles;
                            (iii) freight and passenger rail 
                        locomotives;
                            (iv) freight and passenger rail cars;
                            (v) vessels;
                            (vi) airports;
                            (vii) fleet vehicles used for the 
                        transportation of workers to job sites;
                            (viii) aircraft, including the cockpit and 
                        the cabin; and
                            (ix) other equipment and facilities;
                    (B) to ensure that stations and facilities, 
                including enclosed facilities, owned, operated, and 
                used by passenger or freight transportation employers, 
                including facilities used for employee training or the 
                performance of indoor or outdoor maintenance, repair, 
                or overhaul work, are disinfected and sanitized 
                frequently in accordance with guidance issued by the 
                Centers for Disease Control and Prevention;
                    (C) to provide to at-risk employees--
                            (i) masks or protective face coverings;
                            (ii) gloves;
                            (iii) hand sanitizer;
                            (iv) sanitizing wipes with sufficient 
                        alcohol content; and
                            (v) training on the proper use of personal 
                        protective equipment and sanitizing equipment;
                    (D) to ensure that employees whose job 
                responsibilities include the cleaning, disinfecting, or 
                sanitizing described in subparagraph (A) or (B) are 
                provided--
                            (i) masks or protective face coverings;
                            (ii) gloves;
                            (iii) hand sanitizer; and
                            (iv) sanitizing wipes with sufficient 
                        alcohol content;
                    (E) to establish guidelines, or adhere to any 
                existing applicable guidelines, for notifying an 
                employee of the owner or operator of a confirmed 
                diagnosis of the Coronavirus Disease 2019 (COVID-19) 
                with respect to any other employee of the owner or 
                operator with whom the notified employee had physical 
                contact or a physical interaction during the 48-hour 
                period preceding the time at which the diagnosed 
                employee developed symptoms;
                    (F) to require that passengers and cabin crew 
                members wear masks or protective face coverings while 
                in or using a passenger aircraft of an air carrier;
                    (G) to require each flight crew member to wear a 
                mask or protective face covering while on board an 
                aircraft and outside the flight deck; and
                    (H) ensure that each contractor of an owner or 
                operator identified under this paragraph provides masks 
                or protective face coverings, gloves, hand sanitizer, 
                and sanitizing wipes with sufficient alcohol content, 
                to employees of such contractor whose job 
                responsibilities include the cleaning, disinfecting, or 
                sanitizing described in subparagraph (A) or (B).
            (2) an air carrier to submit to the Administrator of the 
        Federal Aviation Administration a proposal to permit flight 
        crew members to wear masks or protective face coverings in the 
        flight deck, including a safety risk assessment with respect to 
        that proposal.
    (c) Market Unavailability of Necessary Items.--
            (1) Notice of market unavailability.--
                    (A) In general.--If an owner or operator described 
                in paragraph (1) of subsection (b) is unable to acquire 
                1 or more items necessary to comply with the 
                requirements prescribed under that paragraph due to 
                market unavailability of the items, the owner or 
                operator shall--
                            (i) not later than 7 days after the date on 
                        which the owner or operator is unable to 
                        acquire each applicable item, submit to the 
                        Secretary a written notice explaining the 
                        efforts made and obstacles faced by the owner 
                        or operator to acquire that item; and
                            (ii) continue making efforts to acquire 
                        that item until the item is acquired.
                    (B) Updated notice with respect to the same item.--
                If an owner or operator is unable to acquire an item 
                described in a notice submitted under subparagraph (A) 
                by the date described in paragraph (4)(B)(ii) with 
                respect to the notice, the owner or operator may submit 
                an updated notice with respect to that item.
            (2) Reasonable effort determination.--With respect to each 
        notice submitted under paragraph (1), the Secretary shall 
        determine whether the owner or operator submitting the notice 
        has made reasonable efforts to acquire the item described in 
        the notice.
            (3) Notice of compliance.--Not later than 7 days after the 
        date on which an owner or operator acquires an item described 
        in a notice submitted by that owner or operator under paragraph 
        (1) in a quantity sufficient to comply with the requirements 
        prescribed under subsection (b)(1), the owner or operator shall 
        submit to the Secretary a written notice of compliance with 
        those requirements.
            (4) List of owners and operators making reasonable efforts 
        to acquire unavailable items.--
                    (A) In general.--The Secretary shall publish on a 
                public website of the Department of Transportation a 
                list that, with respect to each notice submitted to the 
                Secretary under paragraph (1) for which the Secretary 
                has made a positive determination under paragraph (2)--
                            (i) identifies the owner or operator that 
                        submitted the notice;
                            (ii) identifies the item that the owner or 
                        operator was unable to acquire; and
                            (iii) describes the reasonable efforts made 
                        by the owner or operator to acquire that item.
                    (B) Removal from list.--The Secretary shall remove 
                each entry on the list described in subparagraph (A) on 
                the earlier of--
                            (i) the date on which the applicable owner 
                        or operator submits to the Secretary a notice 
                        of compliance under paragraph (3) with respect 
                        to the item that is the subject of the entry; 
                        and
                            (ii) the date that is 90 days after the 
                        date on which the entry was added to the list.
    (d) Protection of Certain Federal Aviation Administration 
Employees.--
            (1) In general.--For the purposes of responding to, or for 
        purposes relating to operations during the national emergency 
        declared by the President under the National Emergencies Act 
        (50 U.S.C. 1601 et seq.) related to the pandemic of SARS-4CoV-2 
        or coronavirus disease 2019 (COVID-19), in order to maintain 
        the safe and efficient operation of the air traffic control 
        system, the Administrator of the Federal Aviation 
        Administration shall--
                    (A) provide any air traffic controller and airway 
                transportation systems specialist of the Federal 
                Aviation Administration with masks or protective face 
                coverings, gloves, and hand sanitizer and wipes of 
                sufficient alcohol content, and provide training on the 
                proper use of personal protective equipment and 
                sanitizing equipment;
                    (B) ensure that each air traffic control facility 
                is cleaned, disinfected, and sanitized frequently in 
                accordance with Centers for Disease Control and 
                Prevention guidance; and
                    (C) provide any employee of the Federal Aviation 
                Administration whose job responsibilities involve 
                cleaning, disinfecting, and sanitizing a facility 
                described in subparagraph (B) with masks or protective 
                face coverings and gloves, and ensure that each 
                contractor of the Federal Aviation Administration 
                provides any employee of the contractor with those 
                materials.
            (2) Source of equipment.--The items described in paragraph 
        (1)(A) may be procured or provided under that paragraph through 
        any source available to the Administrator of the Federal 
        Aviation Administration.

SEC. 40004. REVOLVING LOAN FUND FLEXIBILITY.

    Section 209(d) of the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3149(d)) is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5); and
            (2) by inserting after paragraph (2) the following:
            ``(3) Revolving loan fund repurposing.--
                    ``(A) In general.--A grantee of revolving loan 
                funds may, upon request, transfer any funds that have 
                been repaid to a revolving loan fund under this section 
                to any other project eligible to receive funding under 
                this section.
                    ``(B) Eligibility.--To be eligible to transfer 
                revolving loan funds under this paragraph, a grantee 
                shall have more cash available for lending than the 
                average cash available for lending in the EDA region in 
                which such grantee is located.
                    ``(C) Discretion.--The Secretary shall retain the 
                discretion to approve or deny a transfer request under 
                this paragraph.
                    ``(D) Cash available for lending defined.--In this 
                paragraph, the term `cash available for lending' means 
                the revolving loan fund cash available for lending net 
                of the committed revolving loan fund cash.''.

SEC. 40005. AUTHORIZATION FOR SCIENCE CENTER CONSTRUCTION.

    (a) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director of the United States Geological Survey 
$166,800,000 to fund, through a cooperative agreement with an academic 
partner, the design, construction, and tenant build-out of a facility 
to support energy and minerals research and appurtenant associated 
structures.
    (b) Agreements.--The United States Geological Survey will retain 
ownership of the facility and associated structures once constructed 
and is authorized to enter into agreements with, and to collect and 
spend funds or in-kind contributions from, academic, Federal, State, or 
other facility tenants on facility planning, design, maintenance, 
operation, or facility improvement costs during the life of the 
facility.
    (c) Lease.--The Director of the United States Geological Survey is 
authorized to enter into a lease or other agreement with the academic 
partner, at no cost to the United States, for that partner to provide 
land on which to construct the facility for a minimum term of not less 
than 99 years.
    (d) Reports.--The Director of the United States Geological Survey 
shall submit annual reports on the science center constructed and the 
authorities utilized under this section to the appropriate 
congressional committees.

SEC. 40006. GAO STUDY ON THE IMPACT OF TRANSPORTATION POLICIES ON 
              MARGINALIZED COMMUNITIES.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study to identify the impact of certain transportation 
policies on people based on their race, ethnicity, nationality, age, 
disability status, and gender identity, including--
            (1) data on fare evasion policies, including--
                    (A) the number of people stopped for suspected fare 
                evasion by transit law enforcement officers or transit 
                agency personnel, aggregated by tract, as designated by 
                the Bureau of the Census;
                    (B) the race, ethnicity, nationality, age, 
                disability status, and gender identity of people 
                stopped by law enforcement officers or transit agency 
                personnel and provided a citation or summons for 
                suspected fare evasion;
                    (C) an analysis on the dollar amount, organized by 
                transit station, of--
                            (i) fines issued as penalty for fare 
                        evasion citations to individuals by race, 
                        ethnicity, nationality, age, disability status, 
                        and gender identity;
                            (ii) fare revenue lost due to fare evasion; 
                        and
                            (iii) fare evasion fines collected by 
                        transit agency, law enforcement, or other 
                        entity; and
                    (D) the number of complaints filed against law 
                enforcement officers or transit agency personnel while 
                enforcing fare evasion policies;
            (2) data on speed enforcement cameras, including--
                    (A) the location of speed enforcement cameras and 
                the demographics of the location of such region by 
                tract, as designated by the Bureau of the Census, 
                including race, ethnicity, nationality, and median 
                income;
                    (B) the original intent for placement of the speed 
                enforcement camera, whether to address a specific 
                safety concern or otherwise;
                    (C) the affiliated policy for enforcement, whether 
                automated enforcement, in-person ticketing, or 
                otherwise; and
                    (D) the dollar amount of fines to drivers by speed 
                enforcement camera location; and
            (3) any other transportation policy that may have a 
        disproportionate impact on low-income communities and 
        communities of color.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit the Committee on 
Transportation and Infrastructure and the Committee on the Judiciary of 
the House of Representatives a report on the results of the study 
conducted under subsection (a), including--
            (1) any disproportionate impacts of transportation policies 
        on marginalized communities; and
            (2) recommendations on ways to reduce such disproportionate 
        impacts.

SEC. 40007. USE OF BIRD-SAFE FEATURES, PRACTICES, AND STRATEGIES IN 
              PUBLIC BUILDINGS.

    (a) In General.--Chapter 33 of title 40, United States Code, is 
amended by adding at the end the following:
``Sec. 3319. Use of bird-safe features, practices, and strategies in 
              public buildings
    ``(a) Construction, Alteration, and Acquisition of Public 
Buildings.--The Administrator of General Services shall incorporate, to 
the extent practicable, features, practices, and strategies to reduce 
bird fatality resulting from collisions with public buildings for each 
public building--
            ``(1) constructed;
            ``(2) acquired; or
            ``(3) of which more than 50 percent of the facade is 
        substantially altered (in the opinion of the Commissioner of 
        Public Buildings).
    ``(b) Design Guide.--The Administrator shall develop a design guide 
to carry out subsection (a) that includes the following:
            ``(1) Features for reducing bird fatality resulting from 
        collisions with public buildings throughout all construction 
        phases, taking into account the number of each such bird 
        fatality that occurs at different types of public buildings.
            ``(2) Methods and strategies for reducing bird fatality 
        resulting from collisions with public buildings during the 
        operation and maintenance of such buildings, including 
        installing interior, exterior, and site lighting.
            ``(3) Best practices for reducing bird fatality resulting 
        from collisions with public buildings, including--
                    ``(A) a description of the reasons for adopting 
                such practices; and
                    ``(B) an explanation for the omission of a best 
                practice identified pursuant to subsection (c).
    ``(c) Identifying Best Practices.--To carry out subsection (b)(3), 
the Administrator may identify best practices for reducing bird 
fatality resulting from collisions with public buildings, including 
best practices recommended by--
            ``(1) Federal agencies with expertise in bird conservation;
            ``(2) nongovernmental organizations with expertise in bird 
        conservation; and
            ``(3) representatives of green building certification 
        systems.
    ``(d) Dissemination of Design Guide.--The Administrator shall 
disseminate the design guide developed pursuant to subsection (b) to 
all Federal agencies, subagencies, and departments with independent 
leasing authority from the Administrator.
    ``(e) Update to Design Guide.--The Administrator shall, on a 
regular basis, update the design guide developed pursuant to subsection 
(b) with respect to the priorities of the Administrator for reducing 
bird fatality resulting from collisions with public buildings.
    ``(f) Exempt Buildings.--This section shall not apply to--
            ``(1) any building or site listed, or eligible for listing, 
        on the National Register of Historic Places;
            ``(2) the White House and the grounds of the White House;
            ``(3) the Supreme Court building and the grounds of the 
        Supreme Court; or
            ``(4) the United States Capitol and any building on the 
        grounds of the Capitol.
    ``(g) Certification.--Not later than October 1 of each fiscal year, 
the Administrator, acting through the Commissioner, shall certify to 
Congress that the Administrator uses the design guide developed 
pursuant to subsection (b) for each public building described in 
subsection (a).
    ``(h) Report.--Not later than October 1 of each fiscal year, the 
Administrator shall submit to Congress a report that includes--
            ``(1) the certification under subsection (g); and
            ``(2) to the extent practicable, the number of each such 
        bird fatality that occurred as a result of a collision with the 
        public buildings occupied by the respective head of each 
        Federal agency.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 33 of title 40, United States Code, is amended by adding at the 
end the following new item:

``3319. Use of bird-safe features, practices, and strategies in public 
                            buildings.''.

SEC. 40008. GAO STUDY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) mass transit and civilian airlines have an essential 
        role in keeping the United States moving;
            (2) while the COVID-19 pandemic has devastated the 
        industry, transit agencies and companies are leading the way in 
        implementing safety measures and exploring new technologies to 
        protect essential workers who continue to rely on our bus and 
        rail systems;
            (3) Congress can support the transportation sector by 
        authorizing a GAO study that would recommend specific safety 
        measures to reduce exposure to the SARS-CoV-2 virus on mass 
        transportation systems, as well as technologies that can assist 
        with the implementation of such safety measures, including 
        technologies that facilitate large-scale sanitation and 
        decontamination and encourage social distancing; and
            (4) implementation of such safety measures and technologies 
        will help the transportation sector be more resilient in the 
        face of future pandemics.
    (b) Study.--The Comptroller General of the United States shall 
carry out a study to--
            (1) research and recommend specific measures that civilian 
        transit companies and agencies (including rail, airlines, and 
        buses) should implement to improve the safety of passengers and 
        crew;
            (2) research and recommend technologies being developed 
        within and outside the United States Government, including the 
        Department of Defense and National Aeronautics and Space 
        Administration, that can be transitioned to the civilian 
        transportation sector; and
            (3) study technologies that--
                    (A) provide an alternative to decontamination with 
                chemical solutions which is labor intensive, and has 
                material compatibility and corrosion concerns;
                    (B) decontaminate crevices and hard to reach areas 
                that can be missed with other technologies;
                    (C) minimize personnel exposure to the contaminated 
                aircraft to personnel required for set-up; and
                    (D) allow timely decontamination (under 3 hours) to 
                return the bus, train, or aircraft to operational 
                status.
    (c) Report.--Not later than 3 months after the date of enactment of 
this Act, the Comptroller General shall submit to Congress a report 
containing the results of the study required under subsection (b).

SEC. 40009. LAND PORT OF ENTRY INFRASTRUCTURE MODERNIZATION.

    There is authorized to be appropriated from the general fund of the 
Treasury for fiscal year 2021 $100,000,000 to the Administrator of 
General Services for the necessary expenses for the construction, 
repair, upgrades, and maintenance necessary to fulfill the backlog of 
port infrastructure improvement projects at land ports of entry that 
experienced no less than 5 percent growth in total trade in the year of 
2019, according to data produced by the Bureau of the Census.

SEC. 40010. COLONIAS STATE OF GOOD REPAIR GRANT PROGRAM.

    (a) In General.--The Secretary of Transportation shall establish a 
state of good repair surface transportation grant program to provide 
grants that increase the state of good repair for surface 
infrastructure in and around colonias.
    (b) Eligible Entities.--The following entities are eligible to 
receive a grant under this section:
            (1) States.
            (2) Metropolitan planning organizations.
            (3) Units of local government.
            (4) Federal land management agencies.
            (5) Tribal governments.
    (c) Colonia Defined.--In this section, the term ``colonia'' means 
any identifiable community that--
            (1) is in the State of Arizona, California, New Mexico, or 
        Texas;
            (2) is in the area of the United States within 150 miles of 
        the border between the United States and Mexico, except that 
        the term does not include any standard metropolitan statistical 
        area that has a population exceeding 1,000,000;
            (3) is determined to be a colonia on the basis of objective 
        criteria, including lack of potable water supply, lack of 
        adequate sewage systems, and lack of decent, safe, and sanitary 
        housing; and
            (4) was in existence as a colonia before November 28, 1990.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 for each of fiscal years 2022 through 2025 to 
carry out this section.

SEC. 40011. ACCESSIBILITY OF PUBLIC TRANSPORTATION FOR PREGNANT WOMEN.

    Not later than 60 days after the date of the enactment of this Act, 
the Secretary of Transportation shall submit to Congress a report that 
includes--
            (1) a description of the unique challenges that pregnant 
        women face when riding public transportation; and
            (2) an assessment of how accessible public transportation 
        that receives Federal funds is for pregnant women.

SEC. 40012. NATIONAL LABS RESTORATION AND MODERNIZATION.

    (a) In General.--The Secretary of Energy shall fund projects 
described in subsection (b) as needed to address deferred maintenance, 
critical infrastructure needs, and modernization of National 
Laboratories.
    (b) Use of Funds.--The projects described in this subsection are 
the following:
            (1) Priority deferred maintenance projects, including 
        facilities maintenance and refurbishment of research 
        laboratories, administrative and support buildings, utilities, 
        roads, power plants and any other critical infrastructure, as 
        determined by the Secretary of Energy.
            (2) Lab modernization projects, including core 
        infrastructure needed to support emerging science missions with 
        new and specialized requirements and to maintain safe, 
        efficient, reliable, and environmentally responsible 
        operations, as determined by the Secretary of Energy.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated for each of the fiscal years 2021 to 2025 $1,200,000,000; 
whereas not less than one sixth of what is appropriated must be 
stewarded by the Department of Energy Office of Science.
    (d) Submission to Congress.--The Secretary of the Energy shall 
submit to the Committee on Appropriations and the Committee on Science, 
Space and Technology of the House of Representatives and to the 
Committee on Appropriations and the Committee on Energy and Natural 
Resources of the Senate, with the annual budget submission of the 
President for each year through fiscal year 2025, a list of projects 
for which the Secretary will provide funding under this section, 
including a description of each such project.
    (e) National Laboratory.--In this section, the term ``National 
Laboratory'' has the meaning given the term in section 2 of the Energy 
Policy Act of 2005 (42 U.S.C. 15801).

SEC. 40013. DEFINITIONS.

    In this division:
            (1) Chesapeake bay agreements.--The term ``Chesapeake Bay 
        agreements'' means the formal, voluntary agreements--
                    (A) executed to achieve the goal of restoring and 
                protecting the Chesapeake Bay watershed ecosystem and 
                the living resources of the Chesapeake Bay watershed 
                ecosystem; and
                    (B) signed by the Chesapeake Executive Council.
            (2) Chesapeake bay program.--The term ``Chesapeake Bay 
        program'' means the program directed by the Chesapeake 
        Executive Council in accordance with the Chesapeake Bay 
        agreements.
            (3) Chesapeake bay watershed.--The term ``Chesapeake Bay 
        watershed'' means the region that covers--
                    (A) the Chesapeake Bay;
                    (B) the portions of the States of Delaware, 
                Maryland, New York, Pennsylvania, Virginia, and West 
                Virginia that drain into the Chesapeake Bay; and
                    (C) the District of Columbia.
            (4) Chesapeake executive council.--The term ``Chesapeake 
        Executive Council'' means the council comprised of--
                    (A) the Governors of each of the States of 
                Delaware, Maryland, New York, Pennsylvania, Virginia, 
                and West Virginia;
                    (B) the Mayor of the District of Columbia;
                    (C) the Chair of the Chesapeake Bay Commission; and
                    (D) the Administrator of the Environmental 
                Protection Agency.
            (5) Chesapeake wild program.--The term ``Chesapeake WILD 
        program'' means the nonregulatory program established by the 
        Secretary under section 40014(a).
            (6) Grant program.--The term ``grant program'' means the 
        Chesapeake Watershed Investments for Landscape Defense grant 
        program established by the Secretary under section 40015(a).
            (7) Restoration and protection activity.--The term 
        ``restoration and protection activity'' means an activity 
        carried out for the conservation, stewardship, and enhancement 
        of habitat for fish and wildlife--
                    (A) to preserve and improve ecosystems and 
                ecological processes on which the fish and wildlife 
                depend; and
                    (B) for use and enjoyment by the public.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.

SEC. 40014. PROGRAM ESTABLISHMENT.

    (a) Establishment.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall establish a nonregulatory 
program, to be known as the ``Chesapeake Watershed Investments for 
Landscape Defense program''.
    (b) Purposes.--The purposes of the Chesapeake WILD program 
include--
            (1) coordinating restoration and protection activities 
        among Federal, State, local, and regional entities and 
        conservation partners throughout the Chesapeake Bay watershed;
            (2) engaging other agencies and organizations to build a 
        broader range of partner support, capacity, and potential 
        funding for projects in the Chesapeake Bay watershed;
            (3) carrying out coordinated restoration and protection 
        activities, and providing for technical assistance, throughout 
        the Chesapeake Bay watershed--
                    (A) to sustain and enhance restoration and 
                protection activities;
                    (B) to improve and maintain water quality to 
                support fish and wildlife, habitats of fish and 
                wildlife, and drinking water for people;
                    (C) to sustain and enhance water management for 
                volume and flood damage mitigation improvements to 
                benefit fish and wildlife habitat;
                    (D) to improve opportunities for public access and 
                recreation in the Chesapeake Bay watershed consistent 
                with the ecological needs of fish and wildlife habitat;
                    (E) to facilitate strategic planning to maximize 
                the resilience of natural ecosystems and habitats under 
                changing watershed conditions;
                    (F) to utilize green infrastructure or natural 
                infrastructure best management practices to enhance 
                fish and wildlife habitat;
                    (G) to engage the public through outreach, 
                education, and citizen involvement to increase capacity 
                and support for coordinated restoration and protection 
                activities in the Chesapeake Bay watershed;
                    (H) to sustain and enhance vulnerable communities 
                and fish and wildlife habitat;
                    (I) to conserve and restore fish, wildlife, and 
                plant corridors; and
                    (J) to increase scientific capacity to support the 
                planning, monitoring, and research activities necessary 
                to carry out coordinated restoration and protection 
                activities.
    (c) Duties.--In carrying out the Chesapeake WILD program, the 
Secretary shall--
            (1) draw on existing plans for the Chesapeake Bay 
        watershed, or portions of the Chesapeake Bay watershed, 
        including the Chesapeake Bay agreements, and work in 
        consultation with applicable management entities, including 
        Chesapeake Bay program partners, such as the Federal 
        Government, State and local governments, the Chesapeake Bay 
        Commission, and other regional organizations, as appropriate, 
        to identify, prioritize, and implement restoration and 
        protection activities within the Chesapeake Bay watershed;
            (2) adopt a Chesapeake Bay watershed-wide strategy that--
                    (A) supports the implementation of a shared set of 
                science-based restoration and protection activities 
                developed in accordance with paragraph (1); and
                    (B) targets cost-effective projects with measurable 
                results; and
            (3) establish the grant program in accordance with section 
        40015.
    (d) Coordination.--In establishing the Chesapeake WILD program, the 
Secretary shall consult, as appropriate, with--
            (1) the heads of Federal agencies, including--
                    (A) the Administrator of the Environmental 
                Protection Agency;
                    (B) the Administrator of the National Oceanic and 
                Atmospheric Administration;
                    (C) the Chief of the Natural Resources Conservation 
                Service;
                    (D) the Chief of Engineers;
                    (E) the Director of the United States Geological 
                Survey;
                    (F) the Secretary of Transportation;
                    (G) the Chief of the Forest Service; and
                    (H) the head of any other applicable agency;
            (2) the Governors of each of the States of Delaware, 
        Maryland, New York, Pennsylvania, Virginia, and West Virginia 
        and the Mayor of the District of Columbia;
            (3) fish and wildlife joint venture partnerships; and
            (4) other public agencies and organizations with authority 
        for the planning and implementation of conservation strategies 
        in the Chesapeake Bay watershed.

SEC. 40015. GRANTS AND TECHNICAL ASSISTANCE.

    (a) Chesapeake Wild Grant Program.--To the extent that funds are 
made available to carry out this section, the Secretary shall establish 
and carry out, as part of the Chesapeake WILD program, a voluntary 
grant and technical assistance program, to be known as the ``Chesapeake 
Watershed Investments for Landscape Defense grant program'', to provide 
competitive matching grants of varying amounts and technical assistance 
to eligible entities described in subsection (b) to carry out 
activities described in section 40014(b).
    (b) Eligible Entities.--The following entities are eligible to 
receive a grant and technical assistance under the grant program:
            (1) A State.
            (2) The District of Columbia.
            (3) A unit of local government.
            (4) A nonprofit organization.
            (5) An institution of higher education.
            (6) Any other entity that the Secretary determines to be 
        appropriate in accordance with the criteria established under 
        subsection (c).
    (c) Criteria.--The Secretary, in consultation with officials and 
entities described in section 40014(d), shall establish criteria for 
the grant program to help ensure that activities funded under this 
section--
            (1) accomplish one or more of the purposes described in 
        section 40014(b); and
            (2) advance the implementation of priority actions or needs 
        identified in the Chesapeake Bay watershed-wide strategy 
        adopted under section 40014(c)(2).
    (d) Cost Sharing.--
            (1) Department of the interior share.--The Department of 
        the Interior share of the cost of a project funded under the 
        grant program shall not exceed 50 percent of the total cost of 
        the project, as determined by the Secretary.
            (2) Non-department of the interior share.--
                    (A) In general.--The non-Department of the Interior 
                share of the cost of a project funded under the grant 
                program may be provided in cash or in the form of an 
                in-kind contribution of services or materials.
                    (B) Other federal funding.--Non-Department of the 
                Interior Federal funds may be used for not more than 25 
                percent of the total cost of a project funded under the 
                grant program.
    (e) Administration.--The Secretary may enter into an agreement to 
manage the grant program with an organization that offers grant 
management services.

SEC. 40016. REPORTING.

    Not later than 180 days after the date of enactment of this Act, 
and annually thereafter, the Secretary shall submit to Congress a 
report describing the implementation of sections 40014 through 40017 of 
this Act, including a description of each project that has received 
funding under this Act.

SEC. 40017. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as are necessary to carry out sections 40014 through 40017 of this Act.
    (b) Supplement, Not Supplant.--Funds made available under 
subsection (a) shall supplement, and not supplant, funding for other 
activities conducted by the Secretary in the Chesapeake Bay watershed.

SEC. 40018. REPORTING REQUIREMENTS RELATING TO FEDERAL RESEARCH 
              INFRASTRUCTURE.

    (a) In General.--Section 1007(c)(1) of the America COMPETES Act (42 
U.S.C. 6619(c)(1)) is amended by inserting ``and funding for research 
infrastructure'' after ``research infrastructure''.
    (b) GAO Report.--Not later than 1 year after the date of enactment 
of this Act and every 3 years thereafter, the Comptroller General of 
the United States shall submit to Congress a report that includes--
            (1) an assessment of the current state of Federal science 
        facilities and related infrastructure, including with respect 
        to climate control systems, the functionality of equipment and 
        the usage of such equipment, the quality of buildings in which 
        such facilities are housed (including the resiliency of such 
        buildings to changes in climate, weather, and natural 
        surroundings), and the safety of the materials used in 
        construction of facilities;
            (2) an identification of the facilities in most critical 
        need of repair or renovation;
            (3) the estimated costs of completing such repairs or 
        renovations; and
            (4) an evaluation of whether facility occupancy is 
        sufficient to meet agency demands.

SEC. 40019. AMERICAN INFRASTRUCTURE OPPORTUNITY BONDS.

    Chapter 31 of title 31, United States Code, is amended--
            (1) by adding at the end the following new subchapter:

      ``SUBCHAPTER III--AMERICAN INFRASTRUCTURE OPPORTUNITY BONDS

``Sec. 3131. Issuance of American Infrastructure Opportunity Bonds and 
              use of proceeds
    ``(a) Issuance of Bonds.--If the Secretary of the Treasury 
determines that the real rate is equal to zero percent or less, the 
Secretary shall--
            ``(1) issue Government bonds with a face value of 
        $20,000,000,000; and
            ``(2) deposit amounts equivalent to the proceeds from such 
        issuance into the Highway Trust Fund, of which 20 percent shall 
        be deposited into the Mass Transit Account established under 
        section 9503(e) of the Internal Revenue Code of 1986.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Federal interest rate.--The term `Federal interest 
        rate' means the current market yields on outstanding marketable 
        obligations of the United States with remaining periods to 
        maturity of approximately 1 year, as determined by the 
        Secretary of the Treasury.
            ``(2) Inflation rate.--The term `inflation rate' means the 
        change in the Consumer Price Index for All Urban Consumers 
        published by the Bureau of Labor Statistics of the Department 
        of Labor with respect to the previous calendar month.
            ``(3) Real rate.--The term `real rate' means--
                    ``(A) the Federal interest rate, minus
                    ``(B) the inflation rate.''; and
            (2) in the analysis for such chapter, by adding at the end 
        the following:

       ``subchapter iii--american infrastructure opportunity bonds

``3131. Issuance of American Infrastructure Opportunity Bonds and use 
                            of proceeds.''.

TITLE II--BUILDING U.S. INFRASTRUCTURE BY LEVERAGING DEMANDS FOR SKILLS 
                                (BUILDS)

SEC. 40101. DEFINITIONS.

    (a) In General.--In this title, except as otherwise provided in 
this title, the terms have the meanings given the terms in section 3 of 
the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
    (b) Apprenticeship, Apprenticeship Program.--The term 
``apprenticeship'' or ``apprenticeship program'' means an 
apprenticeship program registered under the Act of August 16, 1937 
(commonly known as the ``National Apprenticeship Act''; 50 Stat. 664, 
chapter 663; 29 U.S.C. 50 et seq.), including any requirement, 
standard, or rule promulgated under such Act, as such requirement, 
standard, or rule was in effect on December 30, 2019.
    (c) CTE Terms.--The terms ``area career and technical education 
school'', ``articulation agreement'', ``career guidance and academic 
counseling'', ``credit transfer agreement'', ``early college high 
school'', ``high school'', ``program of study'', ``Tribal educational 
agency'', and ``work-based learning'' have the meanings given the terms 
in section 3 of the Carl D. Perkins Career and Technical Education Act 
of 2006 (20 U.S.C. 2302).
    (d) Education and Training Provider.--
            (1) In general.--The term ``education and training 
        provider'' means an entity listed in subparagraph (B) that 
        provides academic curriculum and instruction related to 
        targeted infrastructure industries.
            (2) Entities.--An entity described in this subparagraph is 
        as follows:
                    (A) An area career and technical education school, 
                early college high school, or high school providing 
                career and technical education programs of study.
                    (B) An Indian Tribe, Tribal organization, or Tribal 
                educational agency.
                    (C) A minority-serving institution (as described in 
                any of paragraphs (1) through (7) of section 371(a) of 
                the Higher Education Act of 1965 (20 U.S.C. 1067q(a))).
                    (D) A provider of adult education and literacy 
                activities under the Adult Education and Family 
                Literacy Act (29 U.S.C. 3271 et seq.).
                    (E) A local agency administering plans under title 
                I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et 
                seq.), other than section 112 or part C of that title 
                (29 U.S.C. 732 and 741).
                    (F) A related instruction provider for an 
                apprenticeship program.
                    (G) A public institution of higher education (as 
                defined in section 101 of the Higher Education Act of 
                1965 (20 U.S.C. 1001).
                    (H) A provider included on the list of eligible 
                providers of training services described in section 
                122(d) of the Workforce Innovation and Opportunity Act 
                (29 U.S.C. 3152(d)).
                    (I) A consortium of entities described in any of 
                subparagraph (A) through (H).
    (e) Eligible Entity.--The term ``eligible entity'' means--
            (1) an industry or sector partnership;
            (2) a State board or State workforce development agency, or 
        a local board or local workforce development agency;
            (3) an eligible institution, or a consortium thereof;
            (4) an Indian Tribe, Tribal organization, or Tribal 
        educational agency;
            (5) a labor organization or joint-labor management 
        organization; or
            (6) a qualified intermediary.
    (f) Nontraditional Population.--The term ``nontraditional 
population'' means a group of individuals (such as a group of 
individuals from the same gender or race) the members of which comprise 
fewer than 25 percent of the individuals employed in a targeted 
infrastructure industry.
    (g) Qualified Intermediary.--
            (1) In general.--The term ``qualified intermediary'' means 
        an entity that demonstrates an expertise--
                    (A) in engaging in the partnerships described in 
                paragraph (2); and
                    (B) serving participants and employers of programs 
                funded under this title by--
                            (i) connecting employers to programs funded 
                        under this title;
                            (ii) assisting in the design and 
                        implementation of such programs, including 
                        curriculum development and delivery of 
                        instruction;
                            (iii) providing professional development 
                        activities such as training to mentors;
                            (iv) connecting students or workers to 
                        programs funded under this title;
                            (v) developing and providing personalized 
                        support for individuals participating in 
                        programs funded under this title, including by 
                        partnering with organizations to provide access 
                        to or referrals for supportive services and 
                        financial advising; or
                            (vi) providing services, resources, and 
                        supports for development, delivery, expansion, 
                        or improvement of programs funded under this 
                        title.
            (2) Required partnerships.--In carrying out activities 
        under this title, the qualified intermediary shall act in 
        partnerships with--
                    (A) industry or sector partnerships, including 
                establishing a new industry or sector partnership or 
                expanding an existing industry or sector partnership;
                    (B) partnerships among employers, joint labor-
                management organizations, labor organizations, 
                community-based organizations, State or local workforce 
                development boards, education and training providers, 
                social service organizations, economic development 
                organizations, Indian Tribes or Tribal organizations, 
                or one-stop operators, or one-stop partners, in the 
                State workforce development system; or
                    (C) partnerships among one or more of the entities 
                described in subparagraphs (A) and (B).
    (h) Secretary.--The term ``Secretary'' means the Secretary of 
Labor.
    (i) Targeted Infrastructure Industry.--The term ``targeted 
infrastructure industry'' means an industry, including the 
transportation (including surface, transit, aviation, maritime, or 
railway transportation), construction, energy (including the deployment 
of renewable and clean energy, energy efficiency, transmission, and 
battery storage), information technology, or utilities industry) to be 
served by a grant, contract, or cooperative agreement under this title.

SEC. 40102. GRANTS AUTHORIZED.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation, the Secretary of Energy, the Secretary of Commerce, 
the Secretary of Education, and the Chief of Engineers and Commanding 
General of the Army Corps of Engineers, shall award, on a competitive 
basis, grants, contracts, or cooperative agreements to eligible 
entities to plan and implement activities to achieve the strategic 
objectives described in section 40104(b) with respect to a targeted 
infrastructure industry identified in the application submitted under 
section 40103 by such eligible entities.
    (b) Types of Awards.--A grant, contract, or cooperative agreement 
awarded under this title may be in the form of--
            (1) an implementation grant, contract, or cooperative 
        agreement, for entities seeking an initial grant under this 
        title; or
            (2) a renewal grant, contract, or cooperative agreement for 
        entities that have already received an implementation grant, 
        contract, or cooperative agreement under this title.
    (c) Duration.--Each grant awarded under this title shall be for a 
period not to exceed 3 years.
    (d) Amount.--The amount of a grant, contract, or cooperative 
agreement awarded under this title may not exceed--
            (1) for an implementation grant, contract, or cooperative 
        agreement, $2,500,000; and
            (2) for a renewal grant, contract, or cooperative 
        agreement, $1,500,000.
    (e) Award Basis.--
            (1) Geographic diversity.--The Secretary shall award funds 
        under this title in a manner that ensures geographic diversity 
        (such as urban and rural distribution) in the areas in which 
        activities will be carried out using such funds.
            (2) Priority for awards.--In awarding funds under this 
        title, the Secretary shall give priority to eligible entities 
        that--
                    (A) in the case of awarding implementation grants, 
                contracts, or cooperative agreements--
                            (i) demonstrate long-term sustainability of 
                        a program or activity funded under this title;
                            (ii) will serve a high number or high 
                        percentage of nontraditional populations and 
                        individuals with barriers to employment; and
                            (iii) will provide a non-Federal share of 
                        the cost of the activities; and
                    (B) in the case of awarding renewal grants, 
                contracts, or cooperative agreements--
                            (i) meet the criteria established in 
                        subparagraph (A); and
                            (ii) have demonstrated ability to meet 
                        the--
                                    (I) strategic objectives of the 
                                implementation grant, contract or 
                                cooperative agreement described in 
                                section 40103(b)(4); and
                                    (II) meet or exceed the 
                                requirements of the evaluations and 
                                progress reports described in section 
                                40104(f).

SEC. 40103. APPLICATION.

    (a) In General.--An eligible entity desiring a grant. contract, or 
cooperative agreement under this title shall submit an application to 
the Secretary at such time, in such manner, and containing such 
information as the Secretary may require, including the contents 
described in subsection (b).
    (b) Contents.--An application submitted under this title shall 
contain, at a minimum--
            (1) a description of the entities engaged in activities 
        funded under the grant, including--
                    (A) evidence of the eligible entity's capacity to 
                carry out activities to achieve the strategic 
                objectives described in section 40104(b); and
                    (B) identification, and expected participation and 
                responsibilities of each key stakeholder in the 
                targeted infrastructure industry described in section 
                40104(b)(1) with which the eligible entity will partner 
                to carry out such activities;
            (2) a description of the targeted infrastructure industry 
        to be served by the eligible entity with funds received under 
        this title, and a description of how such industry was 
        identified, including--
                    (A) the quantitative data and evidence that 
                demonstrates the demand for employment in such industry 
                in the geographic area served by the eligible entity 
                under this title; and
                    (B) a description of the local, State, or federally 
                funded infrastructure projects with respect to which 
                the eligible entity anticipates engaging the partners 
                described in paragraph (1)(B);
            (3) a description of the workers that will be targeted or 
        recruited by the eligible entity, including--
                    (A) how recruitment activities will target 
                nontraditional populations to improve the percentages 
                of nontraditional populations employed in targeted 
                infrastructure industries; and
                    (B) a description of potential barriers to 
                employment for targeted workers, and a description of 
                strategies that will be used to help workers overcome 
                such barriers;
            (4) a description of the strategic objectives described in 
        section 40104(b) that the eligible entity intends to achieve 
        concerning the targeted infrastructure industry and activities 
        to be carried out as described in section 40104, including--
                    (A) a timeline for progress towards achieving such 
                strategic objectives;
                    (B) a description of the manner in which the 
                eligible entity intends to make sustainable progress 
                towards achieving such strategic objectives; and
                    (C) assurances the eligible entity will provide 
                performance measures for measuring progress towards 
                achieving such strategic objectives, as described in 
                section 40104(f);
            (5) a description of the recognized postsecondary 
        credentials that the eligible entity proposes to prepare 
        individuals participating in activities under this title for, 
        which shall--
                    (A) be nationally or regionally portable and 
                stackable;
                    (B) be related to the targeted infrastructure 
                industry that the eligible entity proposes to support; 
                and
                    (C) be aligned to a career pathway and work-based 
                learning opportunity, such as an apprenticeship program 
                or a pre-apprenticeship program articulating to an 
                apprenticeship program;
            (6) a description of the Federal and non-Federal resources, 
        available under provisions of law other than this title, that 
        will be leveraged in support of the partnerships and activities 
        under this title; and
            (7) a description of how the eligible entity or the 
        education and training provider in partnership with such 
        eligible entity under this title will establish or implement 
        plans to be included on the list of eligible providers of 
        training services described in section 122(d) of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3152(d)).

SEC. 40104. ELIGIBLE ACTIVITIES.

    (a) In General.--An eligible entity receiving funds under this 
title shall carry out activities described this section to achieve the 
strategic objectives identified in the entity's application under 
section 40103, including the objectives described in subsection (b).
    (b) Strategic Objectives.--The activities to be carried out with 
the funds awarded under this title shall be designed to achieve 
strategic objectives, including the following:
            (1) Recruiting key stakeholders (such as employers, labor 
        organizations, local boards, and education and training 
        providers, economic development agencies, and as applicable, 
        qualified intermediaries) in the targeted infrastructure 
        industry to establish or expand industry and sector 
        partnerships for the purpose of--
                    (A) assisting the eligible entity in carrying out 
                the activities described in subsection (a); and
                    (B) convening with the eligible entity in a 
                collaborative structure that supports the sharing of 
                information and best practices for supporting the 
                development of a diverse workforce to support the 
                targeted infrastructure industry.
            (2) Identifying the training needs of the State or local 
        area in the targeted infrastructure industry, including--
                    (A) needs for skills critical to competitiveness 
                and innovation in the industry;
                    (B) needs of the apprenticeship programs or other 
                paid work-based learning programs supported by the 
                funds; and
                    (C) the needed establishment, expansion, or 
                revisions of career pathways and academic curriculum in 
                the targeted infrastructure industries to establish 
                talent pipelines for such industry.
            (3) Identifying and quantifying any disparities or gaps in 
        employment of nontraditional populations in the targeted 
        infrastructure industries and establishing or expanding 
        strategies to close such gaps.
            (4) Supporting the development of consortia of education 
        and training providers receiving assistance under this title to 
        align curricula, recognized postsecondary credentials, and 
        programs to the targeted infrastructure industry needs and the 
        credentials described in section 40103(b)(5), particularly for 
        high-skill, high-wage or in-demand industry sectors or 
        occupations related to the targeted infrastructure industry.
            (5) Providing information on activities carried out with 
        such funds to the State and local board and the State agency 
        carrying out the State program under the Wagner-Peyser Act (29 
        U.S.C. 49 et seq.), including staff of the agency that provide 
        services under such Act, to enable the State agency to inform 
        recipients of unemployment compensation or the employment and 
        training opportunities that may be offered through such 
        activities.
            (6) Establishing or expanding partnerships with employers 
        in industry or sector partnerships to attract potential workers 
        from a diverse jobseeker base, including individuals with 
        barriers to employment and nontraditional populations, by 
        identifying any such barriers through analysis of the labor 
        market data and recruitment strategies, and implementing 
        strategies to help such workers overcome such barriers and 
        increase diversity in the targeted infrastructure industries.
    (c) Planning Activities.--An eligible entity receiving a planning 
grant, contract, or cooperative agreement under this title shall use 
not more than $250,000 of such funds to carry out planning activities 
during the first year of the grant, contract, or agreement period, 
which may include--
            (1) establishing or expanding industry or sector 
        partnerships described in subsection (b)(1);
            (2) conducting outreach to local labor organizations, 
        employers, industry associations, education and training 
        providers, economic development organizations, and qualified 
        intermediaries, as applicable;
            (3) recruiting individuals for participation in programs 
        assisted with funds under this title, including individuals 
        with barriers to employment and nontraditional populations;
            (4) establishing or expanding paid work-based learning 
        opportunities, including apprenticeship programs or programs 
        articulating to apprenticeship programs;
            (5) establishing or implementing plans for any education 
        and training provider receiving funding under this title to be 
        included on the list of eligible providers of training services 
        described in section 122(d) of the Workforce Innovation and 
        Opportunity Act (29 U.S.C. 3152(d));
            (6) establishing or implementing plans for awarding 
        academic credit or providing for academic alignment towards 
        credit pathways for programs or programs of study assisted with 
        funds under this title, including academic credit for industry 
        recognized credentials, competency-based education, work-based 
        learning, or apprenticeship programs;
            (7) making available open, searchable, and comparable 
        information on the recognized postsecondary credentials awarded 
        under such programs, including the related skills or 
        competencies and related employment and earnings outcomes;
            (8) conducting an evaluation of workforce needs in the 
        local area; or
            (9) career pathway and curriculum development or expansion, 
        program establishment, and acquiring equipment necessary to 
        support activities permitted under this section.
    (d) Employer Engagement.--An eligible entity receiving funds under 
this title shall use the grant funds to provide services to engage 
employers in efforts to achieve the strategic objectives identified in 
the partnership's application under section 40103(b)(4), such as--
            (1) navigating the registration process for a sponsor of an 
        apprenticeship program;
            (2) connecting the employer with an education and training 
        provider, to support the development of curriculum for work-
        based learning opportunities, including the related instruction 
        for apprenticeship programs;
            (3) providing training to incumbent workers to serve as 
        trainers or mentors to individuals participating in a work-
        based learning program funded under this title;
            (4) subsidizing the wages and benefits for individuals 
        participating in activities or programs funded under this title 
        for a period of not more than 6 months for employers 
        demonstrating financial need, including due to COVID-19; and
            (5) recruiting for employment or participation in programs 
        funded under this title, including work-based learning 
        programs, including--
                    (A) individuals participating in programs under the 
                Workforce Innovation and Opportunity Act (29 U.S.C. 
                3101 et seq.), or the Rehabilitation Act of 1973 (29 
                U.S.C. 701 et seq.);
                    (B) recipients of assistance through the 
                supplemental nutrition assistance program established 
                under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 
                et seq.);
                    (C) recipients of assistance through the program of 
                block grants to States for temporary assistance for 
                needy families established under part A of title IV of 
                the Social Security Act (42 U.S.C. 601 et seq.);
                    (D) individuals with a barrier to employment; or
                    (E) nontraditional populations in the targeted 
                infrastructure industry served by such funds.
    (e) Participant Supports.--The eligible entity receiving funds 
under this title shall use the grant funds to provide services to 
support the success of individuals participating in a program supported 
under this title, which shall include--
            (1) in coordination with the State or local board--
                    (A) training services as described in section 
                134(c)(3) of the Workforce Innovation and Opportunity 
                Act (29 U.S.C. 3174(c)(3));
                    (B) career services as described in section 
                134(c)(2) of such Act; and
                    (C) supportive services, such as child care and 
                transportation;
            (2) providing access to necessary supplies, materials, 
        technological devices, or required equipment, attire, and other 
        supports necessary to participate in such programs or to start 
        employment;
            (3) job placement assistance, including in paid work-based 
        learning opportunities which may include apprenticeship 
        programs, or employment at the completion of a program provided 
        by an education and training provider;
            (4) providing career awareness activities, such as career 
        guidance and academic counseling; and
            (5) services to ensure individuals served by funds under 
        this title maintain employment after the completion of a 
        program funded under this title for at least 12 months, 
        including through the continuation of services described under 
        paragraphs (1) through (4) as applicable continuation of 
        services described under paragraphs (1) through (4).
    (f) Evaluation and Progress Reports.--Not later than 1 year after 
receiving a grant under this title, and annually thereafter, the 
eligible entity receiving the grant shall submit a report to the 
Secretary and the Governor of the State that the eligible entity 
serves, that--
            (1) describes the activities funded under this title;
            (2) evaluates the progress the eligible entity has made 
        towards achieving the strategic objectives identified under 
        section 40103(b)(4); and
            (3) evaluates the levels of performance achieved by the 
        eligible entity for training participants with respect to the 
        performance indicators under section 116(b)(2)(A) of the 
        Workforce Innovation and Opportunity Act (29 U.S.C. 
        3141(b)(2)(A)) for all such workers, disaggregated by each 
        population specified in section 3(24) of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3102(24)) and by 
        race, ethnicity, sex, and age.
    (g) Administrative Costs.--An eligible partnership may use not more 
than 5 percent of the funds awarded through a grant, contract, or 
cooperative agreement under this title for administrative expenses in 
carrying out this section.

SEC. 40105. ADMINISTRATION BY THE SECRETARY.

    (a) In General.--The Secretary may use not more than 2 percent of 
the amount appropriated under section 40106 for each fiscal year for 
administrative expenses to carry out this title, including the expenses 
of providing the technical assistance and oversight activities under 
subsection (b).
    (b) Technical Assistance; Oversight.--The Secretary shall provide 
technical assistance and oversight to assist the eligible entities in 
applying for and administering grants awarded under this title.

SEC. 40106. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
such sums as may be necessary for fiscal year 2021 and each of the 
succeeding 4 fiscal years.

SEC. 40107. SPECIAL RULE.

    Any funds made available under this title that are used to fund an 
apprenticeship or apprenticeship program shall only be used for, or 
provided to, an apprenticeship or apprenticeship program that meets the 
definition of such term in section 40101 of this title, including any 
funds awarded for the purposes of grants, contracts, or cooperative 
agreements, or the development, implementation, or administration, of 
an apprenticeship or an apprenticeship program.

        DIVISION I--ZERO-EMISSION POSTAL FLEET AND OTHER MATTERS

SEC. 50001. AUTHORIZATION OF APPROPRIATION FOR UNITED STATES POSTAL 
              SERVICE FOR MODERNIZATION OF POSTAL INFRASTRUCTURE.

    There is authorized to be appropriated to the United States Postal 
Service for the modernization of postal infrastructure and operations, 
including through capital expenditures to purchase delivery vehicles, 
processing equipment, trailers, and other goods, $25,000,000,000, to 
remain available until expended. Of the amount authorized to be 
appropriated under this subsection, $6,000,000,000 shall be for the 
purchase of vehicles and $50,000,000 shall be for updating postal 
facilities to increase accessibility for disabled individuals, with a 
focus on such facilities that are included in the National Register of 
Historic Places. Any amount appropriated under this subsection shall be 
deposited into the Postal Service Fund established under section 2003 
of title 39, United States Code.

SEC. 50002. ELECTRIC OR ZERO-EMISSION VEHICLES FOR UNITED STATES POSTAL 
              SERVICE FLEET.

    (a) In General.--Any next generation delivery vehicle purchased by 
the United States Postal Service using the funds appropriated under 
section 50001 shall, to the greatest extent practicable, be an electric 
or zero-emission vehicle, and the Postal Service shall ensure that at 
least 75 percent of the total number of vehicles purchased using such 
funds shall be electric or zero emission vehicles. In this subsection, 
the term ``next generation delivery vehicle'' means a vehicle purchased 
to replace a right-hand-drive, long-life vehicle in use by the Postal 
Service.
    (b) Medium- and Heavy-Duty Vehicles.--
            (1) Date of enactment and 2030.--Between the period 
        beginning on the date of enactment of this Act and ending on 
        December 31, 2029, not less than 50 percent of the total number 
        of new medium- or heavy-duty vehicles purchased by the Postal 
        Service during such period shall be electric or zero-emission 
        vehicles.
            (2) After 2039.--Beginning on January 1, 2040, the Postal 
        Service may not purchase any new medium or heavy-duty vehicle 
        that is not an electric or zero-emission vehicle.
    (c) Compliance.--In carrying out subsections (a) and (b), the 
Postal Service shall comply with chapter 83 of title 41, United States 
Code (popularly known as the Buy American Act) and any applicable 
Federal labor or civil rights laws.
    (d) Charging Stations.--
            (1) In general.--Not later than January 1, 2026, the Postal 
        Service shall provide, at each postal facility accessible to 
        the public, not less than one electric vehicle charging station 
        for use by the public or officers and employees of the Postal 
        Service.
            (2) Fleet operation.--The Postal Service shall ensure that 
        adequate charging stations are available at Postal Service 
        facilities to keep the Postal Service fleet operational.
    (e) Plan and Update.--Not later than 180 days after the date of 
enactment of this Act, the Postmaster General shall submit a plan to 
carry out this section to the Committee on Oversight and Reform of the 
House of Representatives, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Committees on 
Appropriations of the House of Representatives and the Senate. The 
Postmaster General shall submit an update and progress report on 
implementing such plan to such committees not less than once every 2 
years beginning on the date the plan is submitted under the previous 
sentence and ending on the day that is 6 years after such date.
    (f) Contingent on Appropriation.--The requirements of subsections 
(a) through (e) of this section shall not apply unless the funds 
authorized for vehicles under section 50001 are appropriated.
    (g) Sense of Congress.--It is the sense of Congress that, as the 
Postal Service replaces or upgrades its fleet of delivery vehicles, the 
Postal Service should take all reasonable steps to ensure that its 
vehicles are equipped with climate control units to protect the health 
and safety of its mail carriers, especially those working in areas of 
the country that are subject to extreme temperatures.

SEC. 50003. CLARIFICATION OF AUTHORITY OF DISTRICT OF COLUMBIA TO CARRY 
              OUT LONG BRIDGE PROJECT.

    (a) Clarification of Authority.--Section 244 of the Revised 
Statutes of the United States relating to the District of Columbia 
(sec. 9-1201.03, D.C. Official Code) does not apply with respect to any 
railroads installed pursuant to the Long Bridge Project.
    (b) Long Bridge Project Defined.--In this section, the term ``Long 
Bridge Project'' means the project carried out by the District of 
Columbia and the Commonwealth of Virginia to construct a new Long 
Bridge adjacent to the existing Long Bridge over the Potomac River, 
including related infrastructure and other related projects, to expand 
commuter and regional passenger rail service and to provide bike and 
pedestrian access crossings over the Potomac River.

              DIVISION J--COMMITTEE ON FINANCIAL SERVICES

SEC. 60001. SHORT TITLE.

    This division may be cited as the ``Housing is Infrastructure Act 
of 2020''.

SEC. 60002. FINDINGS.

    The Congress finds the following:
            (1) Residential segregation and systemic community 
        disinvestment continue to disproportionately affect the well-
        being and socioeconomic opportunity of children, low-income 
        residents, and people of color.
            (2) Affordable and accessible housing allows people with 
        disabilities to live independent lives and supports aging in 
        place, yet less than 2 percent of the housing stock in the 
        United States is accessible for individuals with disabilities.
            (3) Affordable housing is a critical part of the national 
        infrastructure of the United States but there is a severe 
        shortage of affordable housing in the United States and the 
        existing stock is badly in need of repair.
            (4) According to a 2010 study sponsored by the Department 
        of Housing and Urban Development, there was a $26 billion 
        backlog of capital needs for public housing; that figure is 
        likely higher today, with some groups estimating the backlog of 
        capital needs for public housing to be as high as $70 billion.
            (5) There are 14,000 units supported by Rural Rental 
        Housing Loans under section 515 of the Housing Act of 1949 and 
        Farm Labor Housing Loans under section 514 of the Housing Act 
        of 1949. According to National Rural Housing Coalition, it 
        would take an estimated $1 billion in the Multi-Family Housing 
        Revitalization Demonstration Program (MPR) funding to fully 
        address the capital backlog for rural housing properties.
            (6) Federal investment in housing helps to create jobs and 
        stimulate the economy.
            (7) When the American Recovery and Reinvestment Act of 2009 
        (Public Law 111-5) was enacted, which included funding for 
        public housing, researchers found that for each $1.00 in direct 
        spending on public housing, there was an additional $2.12 of 
        indirect and induced economic activity nationwide for a total 
        economic impact of $3.12 for each $1.00 in direct spending on 
        public housing.
            (8) According to the National Association of Home Builders, 
        building 100 affordable rental homes generates $11.7 million in 
        local income, $2,200,000 in taxes and revenue for local 
        governments, and 161 local jobs.
            (9) Researchers estimate that the growth in the gross 
        domestic product from 1964-2009 would have been 13.5 percent 
        higher if families had better access to affordable housing, 
        which in turn could have led to an additional $1.7 trillion 
        increase in income, equivalent to $8,775 in additional wages 
        for each worker.

SEC. 60003. PUBLIC HOUSING CAPITAL FUND.

    (a) In General.--There is authorized to be appropriated for the 
Capital Fund under section 9(d) of the United States Housing Act of 
1937 (42 U.S.C. 1437g(d)) $70,000,000,000 and any amounts appropriated 
pursuant to this subsection shall remain available until the expiration 
of the 7-year period beginning upon the date of such appropriation.
    (b) Requirements.--The Secretary of Housing and Urban Development 
(in this division referred to as the ``Secretary'') shall--
            (1) distribute not less than 50 percent of any amounts 
        appropriated pursuant to subsection (a) under the same formula 
        used for amounts made available for the Capital Fund for fiscal 
        year 2020; and
            (2) make available all remaining amounts by competition for 
        priority investments, which shall not exclude public housing 
        agencies working in good faith to resolve urgent health and 
        safety concerns based on written notification of violations 
        from the Department of Environmental Protection, Department of 
        Justice, or Department of Housing and Urban Development.
    (c) Timing.--The Secretary shall obligate amounts--
            (1) made available under subsection (b)(1) within 30 days 
        of enactment of the Act appropriating such funds; and
            (2) made available under subsection (b)(2) within 12 months 
        of enactment of the Act appropriating such funds.
    (d) Limitation.--Amounts provided pursuant to this section may not 
be used for operating costs or rental assistance.
    (e) Use of Funds.--Not more than 0.5 percent of any amount 
appropriated pursuant to this section shall be used by the Secretary 
for costs associated with staff, training, technical assistance, 
technology, monitoring, travel, enforcement, research, and evaluation.
    (f) Supplement Not Supplant.--The Secretary shall ensure that 
amounts provided pursuant to this section shall serve to supplement and 
not supplant other amounts generated by a recipient of such amounts or 
amounts provided by other Federal, State, or local sources.
    (g) Water and Energy Efficiency.--In distributing any amounts 
pursuant to subsection (b), the Secretary shall give priority to public 
housing agencies located in States and localities that have a plan to 
increase water and energy efficiency when developing or rehabilitating 
public housing using any amounts distributed.

SEC. 60004. RURAL MULTIFAMILY PRESERVATION AND REVITALIZATION 
              DEMONSTRATION PROGRAM.

    (a) In General.--There is authorized to be appropriated for 
carrying out the Multifamily Preservation and Revitalization 
Demonstration program of the Rural Housing Service (as authorized under 
sections 514, 515, and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 
1485, and 1486)) $1,000,000,000 and any amounts appropriated pursuant 
to this section shall remain available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
discretion of the Secretary of Agriculture, other strategies to enhance 
the environmental sustainability of housing production and design.

SEC. 60005. FLOOD MITIGATION ASSISTANCE GRANT PROGRAM.

    (a) In General.--There is authorized to be appropriated for 
carrying out the Flood Mitigation Assistance Grant Program under 
section 1366 of the National Flood Insurance Act of 1968 (42 U.S.C. 
4104c) $1,000,000,000 and any amounts appropriated pursuant to this 
section shall remain available until expended.
    (b) Multifamily Residences and Attached and Semi-Attached Homes.--
With regard to any structure that is a multifamily residence or an 
attached or semi-attached residence, the Administrator of the Federal 
Emergency Management Agency shall consult with the Secretary of Housing 
and Urban Development and establish alternative forms of mitigation.
    (c) Definitions.--For the purposes of this section, the term 
``multifamily residence'' has the same meaning as in the Flood Disaster 
Protection Act of 1973 and the National Flood Insurance Act of 1968.
    (d) Standards.--
            (1) In general.--All laborers and mechanics employed by 
        contractors or subcontractors in the performance of 
        construction, alteration or repair work carried out, in whole 
        or in part, with assistance made available through this section 
        shall be paid wages at rates not less than those prevailing on 
        projects of a similar character in the locality as determined 
        by the Secretary of Labor in accordance with subchapter IV of 
        chapter 31 of title 40, United States Code. With respect to the 
        labor standards in this paragraph, the Secretary of Labor shall 
        have the authority and functions set forth in Reorganization 
        Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
        section 3145 of title 40, United States Code.
            (2) Exception based on number of units.--Paragraph (1) 
        shall not apply to single-family homes or residential 
        properties of less than 5 units.
            (3) Exception for certain individuals.--Paragraph (1) shall 
        not apply to any individual that--
                    (A) performs services for which the individual 
                volunteered;
                    (B) does not receive compensation for such services 
                or is paid expenses, reasonable benefits, or a nominal 
                fee for such services; and
                    (C) is not otherwise employed at any time in the 
                construction work.

SEC. 60006. HOUSING TRUST FUND.

    (a) In General.--There is authorized to be appropriated for the 
Housing Trust Fund under section 1338 of the Housing and Urban 
Development Act of 1992 (12 U.S.C. 4568) $5,000,000,000 and any amounts 
appropriated pursuant to this subsection shall remain available until 
expended. The Secretary shall ensure that priority for occupancy in 
dwelling units assisted with amounts made available pursuant to this 
section that become available for occupancy shall be given to persons 
and households who are homeless (as such term is defined in section 103 
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)) or at 
risk of homelessness (as such term is defined in section 401 of such 
Act (42 U.S.C. 11360)).
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.
    (c) Applicability of Davis-Bacon Act.--
            (1) In general.--All laborers and mechanics employed by 
        contractors and subcontractors in the performance of 
        construction work financed in whole or in part with amounts 
        made available pursuant to this section shall be paid wages at 
        rates not less than those prevailing on similar construction in 
        the locality as determined by the Secretary of Labor in 
        accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a 
        through 276a-5). The preceding sentence shall apply to the 
        rehabilitation of residential property only if such property 
        contains not less than 12 units. The Secretary of Labor shall 
        have, with respect to such labor standards, the authority and 
        functions set forth in Reorganization Plan Numbered 14 of 1950 
        (15 Fed. Reg. 3176; 64 Stat. 1267) and section 2 of the Act of 
        June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276(c)).
            (2) Exception.--Paragraph (1) shall not apply to any 
        individual that--
                    (A) performs services for which the individual 
                volunteered;
                    (B) does not receive compensation for such services 
                or is paid expenses, reasonable benefits, or a nominal 
                fee for such services; and
                    (C) is not otherwise employed at any time in the 
                construction work.

SEC. 60007. SINGLE-FAMILY HOUSING REPAIR LOANS AND GRANTS.

    (a) In General.--There is authorized to be appropriated for 
carrying out single family housing repair loans and grants under 
section 504 of the Housing Act of 1949 (42 U.S.C. 1474) $100,000,000 
and any amounts appropriated pursuant to this section shall remain 
available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
discretion of the Secretary of Agriculture, other strategies to enhance 
the environmental sustainability of housing production and design.

SEC. 60008. NATIVE AMERICAN HOUSING BLOCK GRANT PROGRAM.

    (a) In General.--There is authorized to be appropriated for 
carrying out the Native American housing block grant program under 
title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.) $1,000,000,000 and 
any amounts appropriated pursuant to this section shall remain 
available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 60009. HOME INVESTMENT PARTNERSHIPS PROGRAM.

    (a) In General.--There is authorized to be appropriated for 
carrying out the HOME Investment Partnership Program under title II of 
the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 
et seq.) $5,000,000,000 and any amounts appropriated pursuant to this 
section shall remain available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 60010. PROGRAM FOR SUPPORTIVE HOUSING FOR PERSONS WITH 
              DISABILITIES.

    (a) In General.--There is authorized to be appropriated 
$2,500,000,000 for project rental assistance under the program for 
supportive housing for persons with disabilities under section 
811(b)(3) of the Cranston-Gonzalez National Affordable Housing Act (42 
U.S.C. 8013(b)(3)) for State housing finance agencies and any amounts 
appropriated pursuant to this section shall remain available until 
expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 60011. PROGRAM FOR SUPPORTIVE HOUSING FOR THE ELDERLY.

    (a) In General.--There is authorized to be appropriated 
$2,500,000,000 for--
            (1) capital advances pursuant to section 202(c)(1) of the 
        Housing Act of 1959 (12 U.S.C. 1701q(c)(1)), including 
        amendments to capital advance contracts for housing for the 
        elderly as authorized by section 202 of such Act;
            (2) project rental assistance for the elderly under section 
        202(c)(2) of such Act, including amendments to contracts for 
        such assistance and renewal of expiring contracts for such 
        assistance for up to a 1-year term;
            (3) senior preservation rental assistance contracts, 
        including renewals, as authorized by section 811(e) of the 
        American Housing and Economic Opportunity Act of 2000 (12 
        U.S.C. 1701g note); and
            (4) supportive services associated with housing assisted 
        under paragraph (1), (2), or (3).
    (b) Availability of Amounts.--Any amounts appropriated pursuant to 
this section shall remain available until September 30, 2023.
    (c) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
Secretary's discretion, other strategies to enhance the environmental 
sustainability of housing production and design.

SEC. 60012. CAPITAL MAGNET FUND.

    (a) There is authorized to be appropriated for the Capital Magnet 
Fund under section 1339 of the Federal Housing Enterprises Financial 
Safety and Soundness Act of 1992 (12 U.S.C. 4569) $2,500,000,000 and 
any amounts appropriated pursuant to this subsection shall remain 
available until expended.
    (b) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available pursuant to this section shall be used only for 
activities relating to water and energy efficiency and, at the 
discretion of the Secretary of the Treasury, other strategies to 
enhance the environmental sustainability of housing production and 
design.
    (c) Applicability of Davis-Bacon Act.--
            (1) In general.--All laborers and mechanics employed by 
        contractors and subcontractors in the performance of 
        construction work financed in whole or in part with amounts 
        made available pursuant to this section shall be paid wages at 
        rates not less than those prevailing on similar construction in 
        the locality as determined by the Secretary of Labor in 
        accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a 
        through 276a-5). The preceding sentence shall apply to the 
        rehabilitation of residential property only if such property 
        contains not less than 12 units. The Secretary of Labor shall 
        have, with respect to such labor standards, the authority and 
        functions set forth in Reorganization Plan Numbered 14 of 1950 
        (15 Fed. Reg. 3176; 64 Stat. 1267) and section 2 of the Act of 
        June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276(c)).
            (2) Exception.--Paragraph (1) shall not apply to any 
        individual that--
                    (A) performs services for which the individual 
                volunteered;
                    (B) does not receive compensation for such services 
                or is paid expenses, reasonable benefits, or a nominal 
                fee for such services; and
                    (C) is not otherwise employed at any time in the 
                construction work.

SEC. 60013. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR AFFORDABLE 
              HOUSING AND INFRASTRUCTURE.

    (a) Authorization of Appropriations.--
            (1) In general.--Subject to the provisions of this section, 
        there is authorized to be appropriated for assistance under the 
        community development block grant program under title I of the 
        Housing and Community Development Act of 1974 (42 U.S.C. 5301 
        et seq.) $10,000,000,000 and any amounts appropriated pursuant 
        to this section shall remain available until expended.
            (2) Administrative and planning costs.--Not more than 15 
        percent of any amounts appropriated pursuant to paragraph (1) 
        may be used for administrative and planning costs.
    (b) Eligible Activities.--Amounts made available for assistance 
under this section may be used only for--
            (1) the development and preservation of qualified 
        affordable housing, including the construction of such housing;
            (2) the responsible elimination or waiving of zoning 
        requirements and other requirements that limit affordable 
        housing development, including high density and multifamily 
        development restrictions, off-street parking requirements, and 
        height limitations;
            (3) activities designed to preserve existing housing by 
        remediation of iron sulfide or other minerals causing housing 
        degredation; or
            (4) any project or entity eligible for a discretionary 
        grant provided by the Department of Transportation.
    (c) Limitation.--With respect to amounts used pursuant to 
subsection (b)(2), the Secretary shall ensure that recipients of 
amounts provided pursuant to this section are not incentivized or 
otherwise rewarded for eliminating or undermining the intent of the 
zoning regulations or other regulations or policies that--
            (1) establish fair wages for labors;
            (2) ensure the health and safety of buildings for residents 
        and the general public;
            (3) protect fair housing;
            (4) provide environmental protections;
            (5) prevent tenant displacement; or
            (6) protect any other interest that the Secretary 
        determines is in the public interest to preserve.
    (d) Competition.--Amounts made available for assistance under this 
section shall be awarded to States, units of general local government, 
and Indian tribes on a competitive basis, based on the extent to which 
the applicant--
            (1) demonstrates that the applicant is responsibly 
        streamlining the process for development of qualified 
        affordable housing;
            (2) is eliminating or reducing impact fees for housing 
        within boundaries of the State, unit of local government, or 
        Indian tribe, as applicable, and other assessments by State or 
        local governments upon the owners of new housing development 
        projects that offset governmental capital expenditures for 
        infrastructure required to serve or made necessary by the new 
        housing developments, except for fees that are invested 
        exclusively for housing; and
            (3) provides assurances that the applicant will supplement 
        assistance provided under this section with amounts from non-
        Federal sources for costs of the qualified affordable housing 
        or infrastructure eligible under subsection (b) to be funded 
        with assistance under this section, and the extent of such 
        supplemental assistance to be provided.
    (e) Water and Energy Efficiency.--Not less than 10 percent of all 
amounts made available for assistance pursuant to this section shall be 
used only for eligible activities relating to water and energy 
efficiency and, at the Secretary's discretion, other strategies to 
enhance the environmental sustainability of housing production and 
design.
    (f) Qualified Affordable Housing.--For purposes of this section, 
the term ``qualified affordable housing'' means a housing development 
that--
            (1) is either--
                    (A) funded in any part by assistance provided by 
                the Department of Housing and Urban Development or the 
                Rural Housing Service of the Department of Agriculture; 
                or
                    (B) includes a qualified low income building as 
                such term is defined in section 42 of the Internal 
                Revenue Code of 1986; or
            (2) consists of five or more dwelling units of which 20 
        percent or more are made available--
                    (A) for rental only by a low-income family (as 
                defined in section 3(b) of the United States Housing 
                Act of 1937 (42 U.S.C. 1437a(b)));
                    (B) at a monthly rent amount that does not exceed 
                30 percent of the monthly adjusted income (as defined 
                in such section 3(b)) of the tenant low-income family; 
                and
                    (C) maintains affordability for residents who are 
                low-income families for a period of not less than 30 
                years.

SEC. 60014. INCLUSION OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES.

    (a) Duty.--It shall be the duty of each relevant agency head--
            (1) to consult and cooperate with grantees and recipients, 
        when utilizing funds made available pursuant to this division, 
        to promote the inclusion of minority and women's business 
        enterprises, as defined in subsection (b) including to 
        establish--
                    (A) special consideration to increasing grantee and 
                recipient outreach to minority and women's business 
                enterprises to inform such businesses of hiring 
                opportunities created through such funds; and
                    (B) procurement goals for the utilization of 
                minority and women's business enterprises; and
            (2) to convene meetings with leaders and officials of State 
        and local governments, tribal entities, and public housing 
        authorities for the purpose of recommending and promoting 
        funding opportunities and initiatives needed to advance the 
        position of minority and women's business enterprises when 
        competing for funds provided in this division.
    (b) Definitions.--For the purposes of this section, the following 
definitions shall apply:
            (1) Minority.--The term ``minority'' has the meaning given 
        such term in section 308(b) of the Financial Institutions 
        Reform, Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 
        note) and also includes any indigenous person in the United 
        States or its territories.
            (2) Minority and women's business enterprise.--The term 
        ``minority and women's business enterprise'' means a business 
        at least 51 percent owned and controlled by minority group 
        members or women.
            (3) Relevant agency head.--The term ``relevant agency 
        head'' means, with respect to funds made available pursuant to 
        any section of this division, the head of the Federal agency 
        responsible for administering the program under which such 
        funds are to be expended.

SEC. 60015. REPORTS ON OUTCOMES.

    The Secretary of Housing and Urban Development, in coordination 
with the Secretary of the Treasury, the Administrator of the Federal 
Emergency Management Agency, and the Secretary of Agriculture shall 
submit a report to the Congress on an annual basis until all funds made 
available pursuant to this Act (but not including funds made available 
pursuant to section 60009) are expended, that provides a summary of 
outcomes for each program for which such funds were made available (but 
not including funds made available pursuant to section 60009), 
disaggregated at the census tract level, or block group level when 
available, that shall include, to the maximum extent possible, 
identification for the preceding year of--
            (1) the total number of housing units produced, 
        rehabilitated, or mitigated using such funds;
            (2) the percentage of such housing units that are 
        affordable to low-, to very low-, and to extremely low-income 
        households;
            (3) the number of such housing units that are located in 
        high-poverty census tracts;
            (4) the number of such housing units that are located in 
        low-poverty census tracts;
            (5) the number of such housing units located in areas where 
        the percentage of households in a racial or ethnic minority 
        group--
                    (A) is at least 20 percentage points higher than 
                the percentage of that minority group for the 
                Metropolitan Statistical Area;
                    (B) is at least 20 percentage points higher than 
                the percentage of all minorities for the Metropolitan 
                Statistical Area; or
                    (C) exceeds 50 percent of the population;
            (6) the number of such housing units with three or more 
        bedrooms;
            (7) the number of such housing units located in qualified 
        opportunity zones designated pursuant to section 1400Z-1 of the 
        Internal Revenue Code of 1986;
            (8) the number of such housing units that are in compliance 
        with the design and construction requirements of the Department 
        of Housing and Urban Development under section 100.205 of title 
        24 of the Code of Federal Regulations; and
            (9) any other information that the Secretary of Housing and 
        Urban Development considers appropriate to illustrate the 
        number of housing units made available and accessible to 
        protected classes under the Fair Housing Act (42 U.S.C. 3601 et 
        seq.), disaggregated by protected class.

SEC. 60016. GAO STUDY OF FLOOD DISASTER ASSISTANCE INEQUITIES.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the accessibility of the Federal Emergency 
Management Agency's Public Assistance, Individual Assistance, and other 
relevant flood disaster assistance programs and shall identify barriers 
to access based on race, ethnicity, language, and income level. The 
study shall identify inequities in--
            (1) the Agency's core mission of response;
            (2) the Agency's core mission of recovery; and
            (3) the Agency's implementation of the Public Assistance 
        and Individual Assistance programs.
    (b) Report.--Not later than the expiration of the 1-year period 
beginning on the date of the enactment of this Act, the Comptroller 
General shall submit a report to the Congress setting forth the results 
and conclusions of the study under subsection (a).

SEC. 60017. GRANT PROGRAM FOR MANUFACTURED HOUSING PRESERVATION.

    (a) Authority.--The Secretary of Housing and Urban Development 
shall establish a grant program under this section and, to the extent 
amounts are made available pursuant to subsection (j), make grants 
under such program to eligible entities under subsection (b) for 
acquiring and preserving manufactured housing communities.
    (b) Eligible Entities.--A grant under this section may be made only 
to entities that meet such requirements as the Secretary shall 
establish to ensure that any entity receiving a grant has the capacity 
to acquire and preserve housing affordability in such communities, 
including--
            (1) a nonprofit organization, including land trusts;
            (2) a public housing agency or other State or local 
        government agency;
            (3) an Indian tribe (as such term is defined in section 4 
        of the Native American Housing Assistance and Self-
        Determination Act of 1996 (25 U.S.C. 4103)) or an agency of an 
        Indian tribe;
            (4) a resident organization in which homeowners are members 
        and have open and equal access to membership; or
            (5) such other entities as the Secretary determines will 
        maintain housing affordability in manufactured housing 
        communities.
    (c) Use of Grant Amounts.--Amounts from a grant under this section 
may be used only for--
            (1) the acquisition and preservation of manufactured 
        housing communities;
            (2) such acquisition and preservation, together with costs 
        for making improvements to common areas and community property 
        for acquired manufactured housing communities; or
            (3) the demolition, removal, and replacement of dilapidated 
        homes from a manufactured housing community.
    (d) Preservation; Affordability; Ownership.--A grant under this 
section may be made only if the Secretary determines that the grantee 
will enter into such binding agreements as the Secretary considers 
sufficient to ensure that--
            (1) the manufactured housing community acquired using such 
        grant amounts--
                    (A) will be maintained as a manufactured housing 
                community for a period that begins upon the making of 
                such grant and has a duration not shorter than 20 
                years;
                    (B) will be managed in a manner that benefits the 
                residents and maintains their quality of life for a 
                period not shorter than 20 years;
                    (C) will, for a period not shorter than 20 years, 
                be subject to limitations on annual increases in rents 
                for lots for manufactured homes in such community 
                either through resident control over increases or, if 
                owned by a party other than the residents, as the 
                Secretary considers appropriate to ensure continued 
                affordability and maintenance of the property, but not 
                in any case annually to exceed the percentage that is 
                equal to the percentage increase for the immediately 
                preceding year in the Consumer Price Index for All 
                Urban Consumers (CPI-U) plus 7 percent, and such rents 
                will comply with any applicable State laws;
                    (D) will be owned by an entity described in 
                subsection (b) for a period not shorter than 20 years; 
                and
                    (E) has not been the primary beneficiary of a grant 
                under this section during the preceding 5 years; and
            (2) if in the determination of the Secretary the provisions 
        of the agreement have not been met, the grant shall be repaid.
    (e) Amount.--The amount of any grant under this section may not 
exceed the lesser of--
            (1) $1,000,000; or
            (2) the amount that is equal to $20,000 multiplied by the 
        number of manufactured home lots in the manufactured housing 
        community for which the grant is made.
    (f) Matching Funds.--The Secretary shall require a grantee of grant 
under this section to provide non-Federal matching funds for use only 
for the same purposes for which the grant is used in an amount equal or 
exceeding the amount of the grant provided to the grantee. Such non-
Federal matching funds may be provided by State, tribal, local, or 
private resources and may be a grant or loan, in cash or in-kind.
    (g) Applications; Selection.--
            (1) Applications.--The Secretary shall provide for eligible 
        entities under subsection (b) to apply for grants under this 
        section, and shall require such applications to contain such 
        assurances as the Secretary may require regarding the 
        availability of matching funds sufficient to comply with 
        subsection (f) and any organizational documents regarding the 
        manufactured housing community for which the grant is made, as 
        may be required by the State in which such community is 
        located. The Secretary shall accept applications on a rolling 
        basis and approve or deny each application within 20 business 
        days of receipt in order to facilitate market-based 
        transactions by an applicant.
            (2) Selection.--The Secretary shall establish criteria for 
        selection of applicants to receive grants under this section, 
        which criteria shall--
                    (A) give priority to grantees who would use such 
                grant amounts to carry out activities under subsection 
                (c) within areas having a high concentration of low-, 
                very low-, or extremely low-income families (as such 
                terms are defined in section 3(b) of the United States 
                Housing Act of 1937 (42 U.S.C. 1437a(b));
                    (B) give priority to grants for the benefit of 
                communities that have not received a grant under this 
                section during the preceding 10 years; and
                    (C) ensure that not more than 40 percent of grant 
                funds for any fiscal year are awarded to entities 
                identified in subsection (b)(5).
    (h) Reports.--
            (1) In general.--The Secretary shall submit a report 
        annually regarding the grant program under this section to 
        Committee on Financial Services of the House of Representatives 
        and the Committee on Banking, Housing, and Urban Affairs of the 
        Senate, and shall make each such report publicly available on 
        the website of the Department of Housing and Urban Development. 
        The first such report shall be made for the first fiscal year 
        in which any grants are made under this section and a report 
        shall be made for each fiscal year in which a grantee is 
        subject to the requirements under subparagraph (d)(1)(A).
            (2) Contents.--Each such report shall include, for the 
        fiscal year covered by the report--
                    (A) a description of the grants made under the 
                program, including identification of what type of 
                eligible entity under subsection (b) each grantee is;
                    (B) for each manufactured home community for which 
                a grant under this section is made, identification of--
                            (i) the number of manufactured home units 
                        in the community at the time of the grant;
                            (ii) the lot rents in the community at such 
                        time; and
                            (iii) if a manufactured home community was 
                        purchased using grant amounts, the purchase 
                        price of the community;
                    (C) summary information identifying the total 
                applications received for grants under this section and 
                total grant funding sought, disaggregated by the types 
                of eligible entities under subsection (b) of the 
                applicants; and
                    (D) an analysis of the effectiveness of the 
                program, including identification of changes to the 
                number of units and lot rents in communities for which 
                a grant was made, any significant upgrades made to the 
                communities, demographic changes in communities, and, 
                if any community is sold during the period covered 
                under subsection (d), the sale price of the community.
    (i) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Manufactured home.--The term ``manufactured home'' 
        means a structure, transportable in one or more sections, 
        that--
                    (A) in the traveling mode, is 8 body feet or more 
                in width and 40 body feet or more in length, or when 
                erected on site is 320 square feet or more;
                    (B) is built on a permanent chassis and designed to 
                be used as a dwelling (with or without a permanent 
                foundation when connected to required utilities) and 
                includes plumbing, heating, air conditioning, and 
                electrical systems; and
                    (C) in the case of a structure manufactured after 
                June 15, 1976, is certified as meeting the Manufactured 
                Home Construction and Safety Standards issued under the 
                National Manufactured Housing Construction and Safety 
                Standards Act of 1974 (42 U.S.C. 5401 et seq.) by the 
                Department of Housing and Urban Development and 
                displays a label of such certification on the exterior 
                of each transportable section.
        Such term shall not include any self-propelled recreational 
        vehicle.
            (2) Manufactured housing community.--The term 
        ``manufactured housing community'' means a community comprised 
        primarily of manufactured homes used primarily for residential 
        purposes.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under this section $100,000,000 for each of 
fiscal years 2021 through 2025, of which not more than 5 percent may be 
used for administration and oversight.
    (k) Regulations.--The Secretary shall issue any regulations 
necessary to carry out this section.

SEC. 60018. LEAD ABATEMENT FOR FAMILIES.

    (a) Identification of Lead Water Service Lines.--
            (1) Review.--The Secretary of Housing and Urban 
        Development, in consultation with public housing agencies, 
        owners of other federally assisted housing, and the 
        Administrator of the Environmental Protection Administration 
        shall, not later than the expiration of the 24-month period 
        beginning upon the date of the enactment of this Act, undertake 
        and complete a review of all public housing projects and all 
        other federally assisted housing projects to identify any such 
        projects for which the source of potable water is a lead-based 
        water service pipe or pipes.
            (2) Report.--Upon completion of the review required under 
        paragraph (1), the Secretary shall submit a report to the 
        Congress setting forth the results of the review and 
        identifying any projects for which the source of potable water 
        is a lead-based water service pipe or pipes.
    (b) Grant Authority.--
            (1) In general.--The Secretary may make grants to public 
        housing agencies and owners of other federally assisted housing 
        to cover the eligible costs of removing and replacing lead-
        based water service pipes for housing projects identified 
        pursuant to the review under subsection (a).
            (2) Eligible costs.--Amounts from a grant under this 
        subsection may be used only for costs of removing and replacing 
        a lead-based water service pipe for a housing project.
            (3) Assurances.--The Secretary shall require each public 
        housing agency and owner of other federally assisted housing 
        receiving a grant under this subsection for a housing project 
        to make such assurances and enter into such agreements as the 
        Secretary considers necessary to ensure that--
                    (A) the lead-based water service pipes for the 
                project that will be removed and replaced using such 
                grant amounts are identified; and
                    (B) all work to remove and replace such pipes is 
                completed before the expiration of the 24-month period 
                beginning upon the initial availability to the agency 
                or owner of such grant amounts.
            (4) Limitation on amounts.--The amount of grant under this 
        subsection with respect to a housing project may not exceed the 
        estimate of the Secretary of the full cost or removing and 
        replacing the lead-based water service pipes for the project 
        identified pursuant to paragraph (3)(A).
    (c) Final Report.--Upon the expiration of the 6-year period 
beginning on the date of the enactment of this Act, the Secretary shall 
submit to the Congress a report identifying the housing projects for 
which lead -based water service pipes were removed and replaced using 
grants under subsection (b) and analyzing the effectiveness of the 
program for such grants.
    (d) Definitions.--For purposes of this sectionn, the following 
definitions shall apply:
            (1) Housing project.--The term ``housing project'' means a 
        public housing project or a project that is other federally 
        assisted housing.
            (2) Other federally assisted housing.--The term ``other 
        federally assisted housing'' has the meaning given the term 
        ``federally assisted housing'' in section 683 of the Housing 
        and Community Development Act of 1992 (42 U.S.C. 13641), except 
        that such term does not include any public housing project 
        described in paragraph (2)(A) of such section.
            (3) Lead-based water service pipe.--The term ``lead-based 
        water service pipe'' means, with respect to a housing project, 
        a pipe or other conduit that--
                    (A) is used to supply potable water for the housing 
                project from outside the project; and
                    (B) does not satisfy the definition of ``lead-
                free'' established under section 1417 of the Safe 
                Drinking Water Act (42 U.S.C. 300g-6).
            (4) Public housing.--The term ``public housing'' has the 
        meaning given such term in section 3(b) of the United States 
        Housing Act of 1937 (42 U.S.C. 1437a(b)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
    (e) Regulations.--The Secretary, after consultation with the 
Administrator of the Environmental Protection Administration, may issue 
any regulations necessary to carry out this section.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated for grants under subsection (b)--
            (1) $90,000,000 for fiscal year 2021;
            (2) $80,000,000 for fiscal year 2022; and
            (3) $80,000,000 for fiscal year 2023.

SEC. 60019. COMPTROLLER GENERAL REPORT ON HIGH-SPEED INTERNET 
              CONNECTIVITY IN FEDERALLY-ASSISTED HOUSING.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on broadband service in Federally-
assisted housing.
    (b) Contents.--The report required under subsection (a) shall 
include--
            (1) an analysis of Federally-assisted housing units that 
        have access to broadband service and the number of such units 
        that do not have access to broadband service, disaggregated by 
        State, county, and congressional district, that includes 
        geographic information and any Federal agency responsible for 
        such units;
            (2) an analysis of which such units are not currently 
        capable of supporting broadband service deployment and would 
        require retrofitting to support broadband service deployment, 
        disaggregated by State, county, and congressional district, 
        that includes geographic information and any Federal agency 
        responsible for such units;
            (3) an analysis of the estimated costs and timeframe 
        necessary for retrofitting buildings to achieve 100 percent 
        access to broadband service;
            (4) an analysis of the challenges to more widespread 
        deployment of broadband service, including the comparative 
        markets dynamics to expansion in rural areas and low-income 
        urban areas, and the challenges to pursuing retrofits to 
        achieve 100 percent access to broadband service;
            (5) descriptions of lessons learned from previous 
        retrofitting actions;
            (6) an evaluation of the ConnectHome pilot program of the 
        Secretary of Housing and Urban Development; and
            (7) recommendations for Congress for achieving 100 percent 
        access to broadband service in Federally-assisted housing.
    (c) Definitions.--In this section:
            (1) Broadband service.--The term ``broadband service'' has 
        the meaning given the term ``broadband internet access 
        service'' in section 8.1(b) of title 47, Code of Federal 
        Regulations, or any successor regulation.
            (2) Federally-assisted housing.--In this section, the term 
        ``Federally-assisted housing'' means any single-family or 
        multifamily housing that is assisted under a program 
        administered by the Secretary of Housing and Urban Development 
        or the Secretary of Agriculture.

SEC. 60020. MASTER PLAN FOR BROADBAND CONNECTIVITY IN FEDERALLY-
              ASSISTED HOUSING.

    (a) In General.--The Secretary of Housing and Urban Development, in 
consultation with other relevant heads of Federal agencies, shall 
develop a master plan for achieving retrofitting Federally-assisted 
housing to support broadband service. The Secretary shall submit such 
plan to Congress not later than 18 months after the date of the 
enactment of this Act.
    (b) Definitions.--In this section, the terms ``broadband service'' 
and ``Federally-assisted housing'' have the meanings given in section 
60019.

SEC. 60021. UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS.

    (a) Repeal of Termination.--Title II of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11311 et seq.) is amended--
            (1) by striking section 209 (42 U.S.C. 11319); and
            (2) by redesignating sections 207 and 208 (42 U.S.C. 11317, 
        11318) as sections 208 and 209, respectively.
    (b) Functions.--Section 203 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11313) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (12), by striking ``and'' at the 
                end;
                    (B) in paragraph (13), by striking the period at 
                the end and inserting a semicolon; and
                    (C) by adding at the end the following new 
                paragraphs:
            ``(14) rely on evidence-based practices;
            ``(15) identify and promote successful practices, including 
        the Housing First strategy and the permanent supportive housing 
        model; and
            ``(16) prioritize addressing disparities faced by members 
        of a population at higher risk of homelessness, including by 
        issuing reports and making recommendations to agencies.''; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by inserting ``and'' after 
                the semicolon;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) make formal reports and recommendations to Federal 
        agencies, which shall include comments on how proposed 
        regulatory changes would impact persons experiencing 
        homelessness, housing instability, or who are cost-burdened.''.
    (c) Advisory Board.--
            (1) In general.--Title II of the McKinney-Vento Homeless 
        Assistance Act is amended by inserting after section 206 (42 
        U.S.C. 11316) the following new section:

``SEC. 207. ADVISORY BOARD.

    ``(a) Establishment.--There is established an advisory board for 
the Council.
    ``(b) Membership.--
            ``(1) Composition.--The advisory board shall be composed of 
        not less than 20 individuals, selected in accordance with 
        paragraph (3) from nominees proposed pursuant to paragraph (2), 
        as follows:
                    ``(A) Not less than 10 members shall be individuals 
                who are homeless or experiencing housing instability, 
                or were so during the 5 calendar years preceding 
                appointment to the advisory board or who have been so 
                in the last 5 calendar years.
                    ``(B) Not less than eight members shall be 
                individuals who are members of, or advocate on behalf 
                of, or both, a population at higher risk of 
                homelessness, including such transgender and gender 
                non-conforming persons, Asian, Black, Latino, Native 
                American, Native Hawaiian, Pacific Islander, and other 
                communities of color, youth in or formerly in the 
                foster care system, and justice-system involved youth 
                and adults.
            ``(2) Nomination.--Nominees for members of the advisory 
        board shall be proposed by any grantee or subgrantee under this 
        Act.
            ``(3) Selection.--Advisory Board members shall be selected 
        as follows:
                    ``(A) At least five members shall be selected by 
                the majority party members of the Committee on 
                Financial Services of the House of Representatives and 
                five members shall be selected by the minority party 
                members of such committee.
                    ``(B) At least five members shall be selected by 
                the majority party members of the Committee on Banking, 
                Housing, and Urban Affairs of the Senate and five 
                members shall be selected by the minority party members 
                of such committee.
            ``(4) Terms.--Members of the advisory board shall serve 
        terms of 2 years.
    ``(c) Functions.--The advisory board shall review the work of the 
Council, make recommendations regarding how the Council can most 
effectively pursue the goal of ending homelessness, and raise specific 
points of concern with members of the Council who represent Federal 
agencies.
    ``(d) Meetings.--The advisory board shall meet not less often than 
twice each year.
    ``(e) Council Meetings.--The Council shall meet regularly and not 
less often than once a year with the advisory board and shall provide 
timely written responses to recommendations, proposals, and concerns 
issued by the advisory board.
    ``(f) Chairman.--The position of Chairman of the advisory board 
shall be filled by an individual who is a current or former member of 
the advisory board, is nominated by at least two members of the 
advisory board, and is confirmed by a vote of not less than 75 percent 
of the members of the advisory board.
    ``(g) Compensation.--Any amounts made available for administrative 
costs of the Council may be used for costs of travel or online access 
to meetings for participation by members of the advisory board in board 
meetings, and for per diem compensation to advisory board members for 
board meetings.
    ``(h) Rule of Construction.--The agencies implementing this Act 
shall construe this Act in a manner that facilitates and encourage the 
full participation of advisory board members and shall consider the 
barriers faced by persons experiencing homelessness and shall endeavor 
to overcome such barriers to participation.''.
            (2) Representation of chairman on council.--Section 202(a) 
        of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11312(a)) is amended--
                    (A) by redesignating paragraph (22) as paragraph 
                (21); and
                    (B) by adding at the end the following new 
                paragraph:
            ``(22) The chairman of the advisory board established by 
        section 207.''.
    (d) Director.-- Subsection (a) of section 204 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11314(a)) is amended--
            (1) by striking ``(a) Director.--The Council shall appoint 
        an Executive Director, who shall be'' and inserting the 
        following:
    ``(a) Director.--
            ``(1) In general.--The chief executive officer of the 
        Council shall be the Executive Director, who shall be appointed 
        in accordance with paragraph (2) and''; and
            (2) by adding at the end the following new paragraph:
            ``(1) Process for appointment.--A vacancy in the position 
        of Executive Director shall be filled by an individual 
        nominated and appointed to such position by the Council, except 
        that the Council may not appoint any nominee who is not 
        confirmed by approval of 75 percent of the aggregate of all 
        members of the Council and the advisory board under section 207 
        pursuant to an election in which each such member's vote is 
        given identical weight. If the Council is unable to agree on an 
        Executive Director, the chairperson of the advisory council 
        shall act as interim Executive Director.''.
    (e) Definitions.--Section 207 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11317) is amended by adding at the end the 
following new paragraphs:
            ``(3) The term `Housing First' means, with respect to 
        addressing homelessness, an approach to quickly and 
        successfully connect individuals and families experiencing 
        homelessness to permanent and affordable housing opportunities 
        and appropriate services without preconditions and low or no 
        barriers to entry, including barriers relating to sobriety, 
        treatment, work requirements, and service participation 
        requirements.
            ``(4) The term `permanent supportive housing' means housing 
        that provides--
                    ``(A) indefinite leasing or rental assistance; and
                    ``(B) non-mandatory, culturally competent 
                supportive services to assist persons to achieve 
                housing stability and maintain their health and well-
                being.
            ``(5)(A) The term `population at higher risk of 
        homelessness' means a group of persons that is defined by a 
        common characteristic and that has been found to experience 
        homelessness, housing instability, or to be cost-burdened at a 
        rate higher than that of the general public.
            ``(B) Information that may be used in demonstrating such a 
        higher rate includes data generated by the Federal Government, 
        by State or municipal governments, by peer-reviewed research, 
        and by organizations having expertise in working with or 
        advocating on behalf of homeless, housing unstable, or cost-
        burdened groups.
            ``(C) Such term shall include populations for which such 
        higher rate has already been demonstrated, including Asian, 
        Black, Latino, Native American, Native Hawaiian, Pacific 
        Islander and other communities of color; persons with 
        disabilities, including mental health disabilities, elderly 
        persons, foster and former foster youth; LGBTQ persons, gender 
        non-binary and gender non-conforming persons, justice system-
        involved persons, and veterans.''.
    (f) Conforming Amendment.--The table of contents in section 101(b) 
of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 note) is 
amended by striking the items relating to sections 209 and 210 and 
inserting the following:

``Sec. 209. Encouragement of State involvement.''.

SEC. 60022. GAO STUDY OF HOUSING NEEDS OF POPULATIONS AT HIGHER RISK OF 
              HOMELESSNESS.

    (a) In General.--No later than the expiration of the 1-year period 
beginning on the date of the enactment of this Act, the Comptroller 
General of the United States shall identify and analyze the housing 
infrastructure needs of populations at higher risk of homelessness, and 
shall submit a report to the Congress recommending regulatory, policy, 
and practice changes that would ensure that Federal agencies better 
reduce and prevent homelessness and housing instability faced by 
populations at higher risk of homelessness.
    (b) Population at Higher Risk of Homelessness.--
            (1) In general.--For purposes of this section, the term 
        ``population at higher risk of homelessness'' means a group of 
        persons that is defined by a common characteristic and that has 
        been found to experience homelessness, housing instability, or 
        to be cost-burdened at a rate higher than that of the general 
        public.
            (2) Higher rate.--Information that may be used in 
        demonstrating such a higher rate includes data generated by the 
        Federal Government, by State or municipal governments, by peer-
        reviewed research, and by organizations having expertise in 
        working with or advocating on behalf of homeless, housing 
        unstable, or cost-burdened groups.
            (3) Included populations.--Such term shall include 
        populations for which such higher rate has already been 
        demonstrated, including Asian, Black, Latino, Native American, 
        Native Hawaiian, Pacific Islander and other communities of 
        color; persons with disabilities, including mental health 
        disabilities, elderly persons, foster and former foster youth; 
        LGBTQ persons, gender non-binary and gender non-conforming 
        persons, justice system-involved persons, survivors of domestic 
        violence, sexual assault, and other intimate partner violence, 
        and veterans.

SEC. 60023. BUY AMERICA REQUIREMENTS FOR COMMUNITY DEVELOPMENT BLOCK 
              GRANT ACTIVITIES.

    Title I of the Housing and Community Development Act of 1974 (42 
U.S.C. 5301 et seq.) is amended by adding at the end the following:

``SEC. 5323. BUY AMERICA.

    ``(a) In General.--Notwithstanding any other provision of law, the 
Secretary shall not obligate any funds authorized to be appropriated 
for any project authorized under this title and administered by the 
Secretary, unless steel, iron, manufactured products, and construction 
materials used in such project are produced in the United States.
    ``(b) Inapplicability.--Subsection (a) shall not apply to the 
development of any housing, including single-family and multifamily 
housing.
    ``(c) Waiver.--The Secretary may waive the requirements of 
subsection (a) if the Secretary finds--
            ``(1) that such requirements would be inconsistent with the 
        public interest;
            ``(2) that products described in subsection (a) are not 
        produced in the United States in sufficient and reasonably 
        available quantities and of a satisfactory quality; or
            ``(3) that inclusion of domestic material will increase the 
        cost of the overall project by more than 25 percent.
    ``(d) Notice.--Not later than 15 days before making a determination 
regarding a waiver described in subsection (b), the Secretary shall 
provide notification and an opportunity for public comment on the 
request for such waiver.
    ``(e) International Agreements.--This section shall be applied in a 
manner consistent with the obligations of the United States under 
international agreements.''.

SEC. 60024. REPEAL OF FAIRCLOTH AMENDMENT.

    Section 9(g) of the United States Housing Act of 1937 (42 U.S.C. 
1437g(g)) is amended by striking paragraph (3) (relating to limitation 
on new construction).

SEC. 60025. STUDY OF EFFECTS OF CRIMINAL HISTORY ON ACCESS TO HOUSING.

    Not later than the expiration of the 2-year period beginning on the 
date of the enactment of this Act, the Secretary of Housing and Urban 
Development shall--
            (1) conduct and complete a study on the effects of criminal 
        history or involvement with the criminal legal system on access 
        to private and assisted housing, taking into consideration 
        demographic information, type of housing, socio-economic 
        status, geography, nature of the offense, and other relevant 
        factors allowing greater understanding of the impact of 
        criminal history on access to housing; and
            (2) submit to the Congress a report setting forth the 
        findings of the study, which shall be disaggregated according 
        to the factors considered pursuant to paragraph (1).

      DIVISION K--REOPEN AND REBUILD AMERICA'S SCHOOLS ACT OF 2020

SEC. 70000. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This division may be cited as the ``Reopen and 
Rebuild America's Schools Act of 2020''.
    (b) Table of Contents.--The table of contents for this division is 
as follows:

      DIVISION K--REOPEN AND REBUILD AMERICA'S SCHOOLS ACT OF 2020

Sec. 70000. Short title; table of contents.
Sec. 70001. Definitions.
    TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL 
                               FACILITIES

            Subtitle A--Reservation and Allocation of Funds

Sec. 70101. Purpose and reservation.
Sec. 70102. Allocation to States.
            Subtitle B--Grants to Local Educational Agencies

Sec. 70111. Need-based grants to qualified local educational agencies.
Sec. 70112. Allowable uses of funds.
Sec. 70113. Prohibited uses.
Sec. 70114. Requirements for hazard-resistance, energy and water 
                            conservation, and air quality.
Sec. 70115. Green Practices.
Sec. 70116. Use of American iron, steel, and manufactured products.
Sec. 70117. Prohibition on use of funds for facilities of for-profit 
                            charter schools.
Sec. 70118. Prohibition on use of funds for certain charter schools.
     Subtitle C--Annual Report and Authorization of Appropriations

Sec. 70121. Annual report on grant program.
Sec. 70122. Authorization of appropriations.
  TITLE II--OTHER REPORTS, DEVELOPMENT OF STANDARDS, AND INFORMATION 
                             CLEARINGHOUSE

Sec. 70201. Comptroller general report.
Sec. 70202. Study and report physical condition of public schools.
Sec. 70203. Development of data standards.
Sec. 70204. Information clearinghouse.
Sec. 70205. Sense of Congress on Opportunity Zones.
                   TITLE III--IMPACT AID CONSTRUCTION

Sec. 70301. Temporary increase in funding for impact aid construction.
   TITLE IV--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY 
                               PYRRHOTITE

Sec. 70401. Allocations to States.
Sec. 70402. Grants to local educational agencies.
Sec. 70403. Definitions.
Sec. 70404. Authorization of appropriations.

SEC. 70001. DEFINITIONS.

    In this division:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Education and Labor of the House of Representatives and the 
        Committee on Health, Education, Labor and Pensions of the 
        Senate.
            (2) Bureau-funded school.--The term ``Bureau-funded 
        school'' has the meaning given that term in section 1141 of the 
        Education Amendments of 1978 (25 U.S.C. 2021).
            (3) Covered funds.--The term ``covered funds'' means funds 
        received under title I of this division.
            (4) ESEA terms.--The terms ``elementary school'', 
        ``outlying area'', and ``secondary school'' have the meanings 
        given those terms in section 8101 of the Elementary and 
        Secondary Education Act of 1965 (20 U.S.C. 7801).
            (5) Local educational agency.--The term ``local educational 
        agency'' has the meaning given that term in section 8101 of the 
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) 
        except that such term does not include a Bureau-funded school.
            (6) Public school facilities.--The term ``public school 
        facilities'' means the facilities of a public elementary school 
        or a public secondary school.
            (7) Qualified local educational agency.--The term 
        ``qualified local educational agency'' means a local 
        educational agency that receives funds under part A of title I 
        of the Elementary and Secondary Education Act of 1965 (20 
        U.S.C. 6311 et seq.).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.
            (9) State.--The term ``State'' means each of the 50 States, 
        the District of Columbia, and the Commonwealth of Puerto Rico.
            (10) Zero energy school.--The term ``zero energy school'' 
        means a public elementary school or public secondary school 
        that--
                    (A) generates renewable energy on-site; and
                    (B) on an annual basis, exports an amount of such 
                renewable energy that equals or exceeds the total 
                amount of renewable energy that is delivered to the 
                school from outside sources.

    TITLE I--GRANTS FOR THE LONG-TERM IMPROVEMENT OF PUBLIC SCHOOL 
                               FACILITIES

            Subtitle A--Reservation and Allocation of Funds

SEC. 70101. PURPOSE AND RESERVATION.

    (a) Purpose.--Funds made available under this title shall be for 
the purpose of supporting long-term improvements to public school 
facilities in accordance with this division.
    (b) Reservation for Outlying Areas and Bureau-Funded Schools.--
            (1) In general.--For each of fiscal years 2020 through 
        2024, the Secretary shall reserve, from the amount appropriated 
        to carry out this title--
                    (A) one-half of 1 percent, to make allocations to 
                the outlying areas in accordance with paragraph (3); 
                and
                    (B) one-half of 1 percent, for payments to the 
                Secretary of the Interior to provide assistance to 
                Bureau-funded schools.
            (2) Use of reserved funds.--
                    (A) In general.--Funds reserved under paragraph (1) 
                shall be used in accordance with sections 70112 through 
                70116.
                    (B) Special rules for bureau-funded schools.--
                            (i) Applicability.--Sections 70112 through 
                        70116 shall apply to a Bureau-funded school 
                        that receives assistance under paragraph (1)(B) 
                        in the same manner that such sections apply to 
                        a qualified local educational agency that 
                        receives covered funds. The facilities of a 
                        Bureau-funded school shall be treated as public 
                        school facilities for purposes of the 
                        application of such sections.
                            (ii) Treatment of tribally operated 
                        schools.--The Secretary of the Interior shall 
                        provide assistance to Bureau-funded schools 
                        under paragraph (1)(B) without regard to 
                        whether such schools are operated by the Bureau 
                        of Indian Education or by an Indian Tribe. In 
                        the case of a Bureau-funded school that is a 
                        contract or grant school (as that term is 
                        defined in section 1141 of the Education 
                        Amendments of 1978 (25 U.S.C. 2021)) operated 
                        by an Indian Tribe, the Secretary of the 
                        Interior shall provide assistance under such 
                        paragraph to the Indian Tribe concerned.
            (3) Allocation to outlying areas.--From the amount reserved 
        under paragraph (1)(A) for a fiscal year, the Secretary shall 
        allocate to each outlying area an amount in proportion to the 
        amount received by the outlying area under part A of title I of 
        the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
        6311 et seq.) for the previous fiscal year relative to the 
        total such amount received by all outlying areas for such 
        previous fiscal year.

SEC. 70102. ALLOCATION TO STATES.

    (a) Allocation to States.--
            (1) State-by-state allocation.--
                    (A) In general.--Subject to subparagraph (B), of 
                the amount appropriated to carry out this title for 
                each fiscal year and not reserved under section 
                70101(b), each State that has a plan approved by the 
                Secretary under subsection (b) shall be allocated an 
                amount in proportion to the amount received by all 
                local educational agencies in the State under part A of 
                title I of the Elementary and Secondary Education Act 
                of 1965 (20 U.S.C. 6311 et seq.) for the previous 
                fiscal year relative to the total such amount received 
                by all local educational agencies in every State that 
                has a plan approved by the Secretary under subsection 
                (b).
                    (B) Fiscal year 2020.--Of the amount appropriated 
                to carry out this title for fiscal year 2020 and not 
                reserved under section 70101(b), not later than 30 days 
                after such funds are appropriated, each State that 
                provides an assurance to the Secretary that the State 
                will comply with the requirements of section 
                70111(c)(2) shall be allocated an amount in proportion 
                to the amount received by all local educational 
                agencies in the State under part A of title I of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6311 et seq.) for the previous fiscal year 
                relative to the total such amount received by all local 
                educational agencies in every State that provides such 
                an assurance to the Secretary.
            (2) State reservation.--A State may reserve not more than 1 
        percent of its allocation under paragraph (1) to carry out its 
        responsibilities under this division, which--
                    (A) shall include--
                            (i) providing technical assistance to local 
                        educational agencies, including by--
                                    (I) identifying which State 
                                agencies have programs, resources, and 
                                expertise relevant to the activities 
                                supported by the allocation under this 
                                section; and
                                    (II) coordinating the provision of 
                                technical assistance across such 
                                agencies;
                            (ii) in accordance with the guidance issued 
                        by the Secretary under section 70203, 
                        developing an online, publicly searchable 
                        database that contains an inventory of the 
                        infrastructure of all public school facilities 
                        in the State (including the facilities of 
                        Bureau-funded schools, as appropriate), 
                        including, with respect to each such facility, 
                        an identification of--
                                    (I) the information described in 
                                subclauses (I) through (VII) of clause 
                                (vi);
                                    (II) the age (including an 
                                identification of the date of any 
                                retrofits or recent renovations) of--
                                            (aa) the facility;
                                            (bb) its roof;
                                            (cc) its lighting system;
                                            (dd) its windows;
                                            (ee) its ceilings;
                                            (ff) its plumbing; and
                                            (gg) its heating, 
                                        ventilation, and air 
                                        conditioning system;
                                    (III) fire safety inspection 
                                results;
                                    (IV) the proximity of the 
                                facilities to toxic sites or the 
                                vulnerability of the facilities to 
                                natural disasters, including the extent 
                                to which facilities that are vulnerable 
                                to seismic natural disasters are 
                                seismically retrofitted;
                                    (V) any previous inspections 
                                showing the presence of toxic 
                                substances; and
                                    (VI) any improvements to support 
                                indoor and outdoor social distancing, 
                                personal hygiene, and building hygiene 
                                (including with respect to HVAC usage 
                                and ventilation) in schools, consistent 
                                with guidance issued by the Centers for 
                                Disease Control and Prevention;
                            (iii) updating the database developed under 
                        clause (ii) not less frequently than once every 
                        2 years;
                            (iv) ensuring that the information in the 
                        database developed under clause (ii)--
                                    (I) is posted on a publicly 
                                accessible State website; and
                                    (II) is regularly distributed to 
                                local educational agencies and Tribal 
                                governments in the State;
                            (v) issuing and reviewing regulations to 
                        ensure the health and safety of students and 
                        staff during construction or renovation 
                        projects; and
                            (vi) issuing or reviewing regulations to 
                        ensure safe, healthy, and high-performing 
                        school buildings, including regulations 
                        governing--
                                    (I) indoor environmental quality 
                                and ventilation, including exposure to 
                                carbon monoxide, carbon dioxide, lead-
                                based paint, and other combustion by-
                                products such as oxides of nitrogen;
                                    (II) mold, mildew, and moisture 
                                control;
                                    (III) the safety of drinking water 
                                at the tap and water used for meal 
                                preparation, including regulations 
                                that--
                                            (aa) address the presence 
                                        of lead and other contaminants 
                                        in such water; and
                                            (bb) require the regular 
                                        testing of the potability of 
                                        water at the tap;
                                    (IV) energy and water efficiency;
                                    (V) excessive classroom noise due 
                                to activities allowable under section 
                                70112;
                                    (VI) the levels of maintenance 
                                work, operational spending, and capital 
                                investment needed to maintain the 
                                quality of public school facilities; 
                                and
                                    (VII) the construction or 
                                renovation of such facilities, 
                                including applicable building codes; 
                                and
                            (vii) creating a plan to reduce or 
                        eliminate exposure to toxic substances, 
                        including mercury, radon, PCBs, lead, vapor 
                        intrusions, and asbestos; and
                    (B) may include the development of a plan to 
                increase the number of zero energy schools in the 
                State.
    (b) State Plan.--
            (1) In general.--To be eligible to receive an allocation 
        under this section, a State shall submit to the Secretary a 
        plan that--
                    (A) describes how the State will use the allocation 
                to make long-term improvements to public school 
                facilities;
                    (B) explains how the State will carry out each of 
                its responsibilities under subsection (a)(2);
                    (C) explains how the State will make the 
                determinations under subsections (b) and (c) of section 
                70111;
                    (D) identifies how long, and at what levels, the 
                State will maintain fiscal effort for the activities 
                supported by the allocation after the State no longer 
                receives the allocation; and
                    (E) includes such other information as the 
                Secretary may require.
            (2) Approval and disapproval.--The Secretary shall have the 
        authority to approve or disapprove a State plan submitted under 
        paragraph (1).
    (c) Conditions.--As a condition of receiving an allocation under 
this section, a State shall agree to the following:
            (1) Matching requirement.--
                    (A) In general.--The State shall contribute, from 
                non-Federal sources, an amount equal to 10 percent of 
                the amount of the allocation received under this 
                section to carry out the activities supported by the 
                allocation.
                    (B) Deadline.--The State shall provide any 
                contribution required under subparagraph (A) not later 
                than September 30, 2029.
                    (C) Certain fiscal years.--With respect to a fiscal 
                year for which more than $7,000,000,000 are 
                appropriated to carry out this title, subparagraph (A) 
                shall be applied as if ``, from non-Federal sources,'' 
                were struck.
            (2) Maintenance of effort.--The State shall provide an 
        assurance to the Secretary that the combined fiscal effort or 
        the aggregate expenditures of the State with respect to the 
        activities supported by the allocation under this section for 
        fiscal years beginning with the fiscal year for which the 
        allocation is received will be not less than 90 percent of the 
        5 year average for total capital outlay of the combined fiscal 
        effort or aggregate expenditures by the State for the purposes 
        for which the allocation is received.
            (3) Supplement not supplant.--The State shall use an 
        allocation under this section only to supplement the level of 
        Federal, State, and local public funds that would, in absence 
        of such allocation, be made available for the activities 
        supported by the allocation, and not to supplant such funds.

            Subtitle B--Grants to Local Educational Agencies

SEC. 70111. NEED-BASED GRANTS TO QUALIFIED LOCAL EDUCATIONAL AGENCIES.

    (a) Grants to Local Educational Agencies.--
            (1) In general.--Subject to paragraph (2), from the amounts 
        allocated to a State under section 70102(a) and contributed by 
        the State under section 70102(c)(1), the State shall award 
        grants to qualified local educational agencies, on a 
        competitive basis, to carry out the activities described in 
        section 70112(a).
            (2) Allowance for digital learning.--A State may use up to 
        10 percent of the amount described in paragraph (1) to make 
        grants to qualified local educational agencies carry out 
        activities to improve digital learning in accordance with 
        section 70112(b).
    (b) Eligibility.--
            (1) In general.--To be eligible to receive a grant under 
        this section a qualified local educational agency--
                    (A) shall be among the local educational agencies 
                in the State with the highest numbers or percentages of 
                students counted under section 1124(c) of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 6333(c));
                    (B) shall agree to prioritize the improvement of 
                the facilities of public schools that serve the highest 
                percentages of students who are eligible for a free or 
                reduced price lunch under the Richard B. Russell 
                National School Lunch Act (42 U.S.C. 1751 et seq.) 
                (which, in the case of a high school, may be calculated 
                using comparable data from the schools that feed into 
                the high school), as compared to other public schools 
                in the jurisdiction of the agency; and
                    (C) may be among the local educational agencies in 
                the State--
                            (i) with the greatest need to improve 
                        public school facilities, as determined by the 
                        State, which may include consideration of 
                        threats posed by the proximity of the 
                        facilities to toxic sites or brownfield sites 
                        or the vulnerability of the facilities to 
                        natural disasters; and
                            (ii) with the most limited capacity to 
                        raise funds for the long-term improvement of 
                        public school facilities, as determined by an 
                        assessment of--
                                    (I) the current and historic 
                                ability of the agency to raise funds 
                                for construction, renovation, 
                                modernization, and major repair 
                                projects for schools;
                                    (II) whether the agency has been 
                                able to issue bonds or receive other 
                                funds to support school construction 
                                projects; and
                                    (III) the bond rating of the 
                                agency.
            (2) Geographic distribution.--The State shall ensure that 
        grants under this section are awarded to qualified local 
        educational agencies that represent the geographic diversity of 
        the State.
            (3) Statewide thresholds.--The State shall establish 
        reasonable thresholds for determining whether a local 
        educational agency is among agencies in the State with the 
        highest numbers or percentages of students counted under 
        section 1124(c) of the Elementary and Secondary Education Act 
        of 1965 (20 U.S.C. 6333(c)) as required under paragraph (1)(A).
    (c) Priority of Grants.--In awarding grants under this section, the 
State--
            (1) subject to paragraph (2), shall give priority to 
        qualified local educational agencies that--
                    (A) demonstrate the greatest need for such a grant, 
                as determined by a comparison of the factors described 
                in subsection (b)(1) and other indicators of need in 
                the public school facilities of such local educational 
                agencies, including--
                            (i) the median age of facilities;
                            (ii) the extent to which student enrollment 
                        exceeds physical and instructional capacity;
                            (iii) the condition of major building 
                        systems such as heating, ventilation, air 
                        conditioning, electrical, water, and sewer 
                        systems;
                            (iv) the condition of roofs, windows, and 
                        doors; and
                            (v) other critical health and safety 
                        conditions; and
                    (B) will use the grant to improve the facilities 
                of--
                            (i) elementary schools or middle schools 
                        that have an enrollment of students who are 
                        eligible for a free or reduced price lunch 
                        under the Richard B. Russell National School 
                        Lunch Act (42 U.S.C. 1751 et seq.) that 
                        constitutes not less than 40 percent of the 
                        total student enrollment at such schools; or
                            (ii) high schools that have an enrollment 
                        of students who are eligible for a free or 
                        reduced price lunch under such Act that 
                        constitutes not less than 30 percent of the 
                        total student enrollment at such schools (which 
                        may be calculated using comparable data from 
                        the schools that feed into the high school); 
                        and
                    (C) operate public school facilities that pose a 
                severe health and safety threat to students and staff, 
                which may include a threat posed by the proximity of 
                the facilities to toxic sites or the vulnerability of 
                the facilities to natural disasters;
            (2) with respect to grants awarded for fiscal year 2020, 
        shall give priority to local educational agencies described in 
        paragraph (1) that will use the grant to improve the facilities 
        of schools described in paragraph (1)(B) to support indoor and 
        outdoor social distancing, personal hygiene, and building 
        hygiene (including with respect to HVAC usage and ventilation) 
        in schools, consistent with guidance issued by the Centers for 
        Disease Control and Prevention; and
            (3) may give priority to qualified local educational 
        agencies that--
                    (A) will use the grant to improve access to high-
                speed broadband sufficient to support digital learning 
                accordance with section 70112(b);
                    (B) serve elementary schools or secondary schools, 
                including rural schools, that lack such access; and
                    (C) meet one or more of the requirements set forth 
                in subparagraphs (A) through (C) of paragraph (1).
    (d) Application.--To be considered for a grant under this section, 
a qualified local educational agency shall submit an application to the 
State at such time, in such manner, and containing such information as 
the State may require. Such application shall include, at minimum--
            (1) the information necessary for the State to make the 
        determinations under subsections (b) and (c);
            (2) a description of the projects that the agency plans to 
        carry out with the grant;
            (3) an explanation of how such projects will reduce risks 
        to the health and safety of staff and students at schools 
        served by the agency; and
            (4) in the case of a local educational agency that proposes 
        to fund a repair, renovation, or construction project for a 
        public charter school, the extent to which--
                    (A) the public charter school lacks access to 
                funding for school repair, renovation, and construction 
                through the financing methods available to other public 
                schools or local educational agencies in the State; and
                    (B) the charter school operator owns or has care 
                and control of the facility that is to be repaired, 
                renovated, or constructed.
    (e) Facilities Master Plan.--
            (1) Plan required.--Not later than 180 days after receiving 
        a grant under this section, a qualified local educational 
        agency shall submit to the State a comprehensive 10-year 
        facilities master plan.
            (2) Elements.--The facilities master plan required under 
        paragraph (1) shall include, with respect to all public school 
        facilities of the qualified local educational agency, a 
        description of--
                    (A) the extent to which public school facilities 
                meet students' educational needs and support the 
                agency's educational mission and vision;
                    (B) the physical condition of the public school 
                facilities;
                    (C) the current health, safety, and environmental 
                conditions of the public school facilities, including--
                            (i) indoor air quality;
                            (ii) the presence of toxic substances;
                            (iii) the safety of drinking water at the 
                        tap and water used for meal preparation, 
                        including the level of lead and other 
                        contaminants in such water;
                            (iv) energy and water efficiency;
                            (v) excessive classroom noise; and
                            (vi) other health, safety, and 
                        environmental conditions that would impact the 
                        health, safety, and learning ability of 
                        students;
                    (D) how the local educational agency will address 
                any conditions identified under subparagraph (C);
                    (E) the impact of current and future student 
                enrollment levels (as of the date of application) on 
                the design of current and future public school 
                facilities, as well as the financial implications of 
                such enrollment levels;
                    (F) the dollar amount and percentage of funds the 
                local educational agency will dedicate to capital 
                construction projects for public school facilities, 
                including--
                            (i) any funds in the budget of the agency 
                        that will be dedicated to such projects; and
                            (ii) any funds not in the budget of the 
                        agency that will be dedicated to such projects, 
                        including any funds available to the agency as 
                        the result of a bond issue; and
                    (G) the dollar amount and percentage of funds the 
                local educational agency will dedicate to the 
                maintenance and operation of public school facilities, 
                including--
                            (i) any funds in the budget of the agency 
                        that will be dedicated to the maintenance and 
                        operation of such facilities; and
                            (ii) any funds not in the budget of the 
                        agency that will be dedicated to the 
                        maintenance and operation of such facilities.
            (3) Consultation.--In developing the facilities master plan 
        required under paragraph (1)--
                    (A) a qualified local educational agency shall 
                consult with teachers, principals and other school 
                leaders, custodial and maintenance staff, emergency 
                first responders, school facilities directors, students 
                and families, community residents, and Indian Tribes; 
                and
                    (B) in addition to the consultation required under 
                subparagraph (A), a Bureau-funded school shall consult 
                with the Bureau of Indian Education.
    (f) Supplement Not Supplant.--A qualified local educational agency 
shall use a grant received under this section only to supplement the 
level of Federal, State, and local public funds that would, in the 
absence of such grant, be made available for the activities supported 
by the grant, and not to supplant such funds.

SEC. 70112. ALLOWABLE USES OF FUNDS.

    (a) In General.--Except as provided in section 70113, a local 
educational agency that receives covered funds may use such funds to--
            (1) develop the facilities master plan required under 
        section 70111(e);
            (2) construct, modernize, renovate, or retrofit public 
        school facilities, which may include seismic retrofitting for 
        schools vulnerable to seismic natural disasters;
            (3) carry out major repairs of public school facilities;
            (4) install furniture or fixtures with at least a 10-year 
        life in public school facilities;
            (5) construct new public school facilities;
            (6) acquire and prepare sites on which new public school 
        facilities will be constructed;
            (7) extend the life of basic systems and components of 
        public school facilities;
            (8) ensure current or anticipated enrollment does not 
        exceed the physical and instructional capacity of public school 
        facilities;
            (9) ensure the building envelopes and interiors of public 
        school facilities protect occupants from natural elements and 
        human threats, and are structurally sound and secure;
            (10) compose building design plans that strengthen the 
        safety and security on school premises by utilizing design 
        elements, principles, and technology that--
                    (A) guarantee layers of security throughout the 
                school premises; and
                    (B) uphold the aesthetics of the school premises as 
                a learning and teaching environment;
            (11) improve energy and water efficiency to lower the costs 
        of energy and water consumption in public school facilities;
            (12) improve indoor air quality in public school 
        facilities;
            (13) reduce or eliminate the presence of--
                    (A) toxic substances, including mercury, radon, 
                PCBs, lead, and asbestos;
                    (B) mold and mildew; or
                    (C) rodents and pests;
            (14) ensure the safety of drinking water at the tap and 
        water used for meal preparation in public school facilities, 
        which may include testing of the potability of water at the tap 
        for the presence of lead and other contaminants;
            (15) bring public school facilities into compliance with 
        applicable fire, health, and safety codes;
            (16) make public school facilities accessible to people 
        with disabilities through compliance with the Americans with 
        Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) and section 
        504 of the Rehabilitation Act of 1973 (29 U.S.C. 794);
            (17) provide instructional program space improvements 
        (including through the construction of outdoor instructional 
        space) for programs relating to early learning (including early 
        learning programs operated by partners of the agency), special 
        education, science, technology, career and technical education, 
        physical education, music, the arts, and literacy (including 
        library programs);
            (18) increase the use of public school facilities for the 
        purpose of community-based partnerships that provide students 
        with academic, health, and social services;
            (19) ensure the health of students and staff during the 
        construction or modernization of public school facilities; or
            (20) reduce or eliminate excessive classroom noise due to 
        activities allowable under this section.
    (b) Allowance for Digital Learning.--A local educational agency may 
use funds received under section 70111(a)(2) to leverage existing 
public programs or public-private partnerships to expand access to 
high-speed broadband sufficient for digital learning.

SEC. 70113. PROHIBITED USES.

    A local educational agency that receives covered funds may not use 
such funds for--
            (1) payment of routine and predictable maintenance costs 
        and minor repairs;
            (2) any facility that is primarily used for athletic 
        contests or exhibitions or other events for which admission is 
        charged to the general public;
            (3) vehicles; or
            (4) central offices, operation centers, or other facilities 
        that are not primarily used to educate students.

SEC. 70114. REQUIREMENTS FOR HAZARD-RESISTANCE, ENERGY AND WATER 
              CONSERVATION, AND AIR QUALITY.

    (a) Requirements.--A local educational agency that receives covered 
funds shall ensure that any new construction, modernization, or 
renovation project carried out with such funds meets or exceeds the 
requirements of the following:
            (1) Requirements for such projects set forth in the most 
        recent published edition of a nationally recognized, consensus-
        based model building code.
            (2) Requirements for such projects set forth in the most 
        recent published edition of a nationally recognized, consensus-
        based energy conservation standard or model code.
            (3) Performance criteria under the WaterSense program, 
        established under section 324B of the Energy Policy and 
        Conservation Act (42 U.S.C. 6294b), applicable to such projects 
        within a nationally recognized, consensus-based model code.
            (4) Indoor environmental air quality requirements 
        applicable to such projects as set forth in the most recent 
        published edition of a nationally-recognized, consensus-based 
        standard.
    (b) Additional Use of Funds.--A local educational agency that uses 
covered funds for a new construction project or renovation project may 
use such funds to assess vulnerabilities, risks, and hazards, to 
address and mitigate such vulnerabilities, risks and hazards, to 
enhance resilience, and to provide for passive survivability.

SEC. 70115. GREEN PRACTICES.

    (a) In General.--In a given fiscal year, a local educational agency 
that uses covered funds for a new construction project or renovation 
project shall use not less than the applicable percentage (as described 
in subsection (b)) of the funds used for such project for construction 
or renovation that is certified, verified, or consistent with the 
applicable provisions of--
            (1) the United States Green Building Council Leadership in 
        Energy and Environmental Design green building rating standard 
        (commonly known as the ``LEED Green Building Rating System'');
            (2) the Living Building Challenge developed by the 
        International Living Future Institute;
            (3) a green building rating program developed by the 
        Collaborative for High-Performance Schools (commonly known as 
        ``CHPS'') that is CHPS-verified; or
            (4) a program that--
                    (A) has standards that are equivalent to or more 
                stringent than the standards of a program described in 
                paragraphs (1) through (3);
                    (B) is adopted by the State or another jurisdiction 
                with authority over the agency; and
                    (C) includes a verifiable method to demonstrate 
                compliance with such program.
    (b) Applicable Percentage.--The applicable percentage described in 
this subsection is--
            (1) for fiscal year 2020, 60 percent;
            (2) for fiscal year 2021, 70 percent;
            (3) for fiscal year 2022; 80 percent;
            (4) for fiscal year 2023, 90 percent; and
            (5) for fiscal year 2024, 100 percent.

SEC. 70116. USE OF AMERICAN IRON, STEEL, AND MANUFACTURED PRODUCTS.

    (a) In General.--A local educational agency that receives covered 
funds shall ensure that any iron, steel, and manufactured products used 
in projects carried out with such funds are produced in the United 
States.
    (b) Waiver Authority.--
            (1) In general.--The Secretary may waive the requirement of 
        subsection (a) if the Secretary determines that--
                    (A) applying subsection (a) would be inconsistent 
                with the public interest;
                    (B) iron, steel, and manufactured products produced 
                in the United States are not produced in a sufficient 
                and reasonably available amount or are not of a 
                satisfactory quality; or
                    (C) using iron, steel, and manufactured products 
                produced in the United States will increase the cost of 
                the overall project by more than 25 percent.
            (2) Publication.--Before issuing a waiver under paragraph 
        (1), the Secretary shall publish in the Federal Register a 
        detailed written explanation of the waiver determination.
    (c) Consistency With International Agreements.--This section shall 
be applied in a manner consistent with the obligations of the United 
States under international agreements.
    (d) Definitions.--In this section:
            (1) Produced in the united states.--The term ``produced in 
        the United States'' means the following:
                    (A) When used with respect to a manufactured 
                product, the product was manufactured in the United 
                States and the cost of the components of such product 
                that were mined, produced, or manufactured in the 
                United States exceeds 60 percent of the total cost of 
                all components of the product.
                    (B) When used with respect to iron or steel 
                products, or an individual component of a manufactured 
                product, all manufacturing processes for such iron or 
                steel products or components, from the initial melting 
                stage through the application of coatings, occurred in 
                the United States, except that the term does not 
                include--
                            (i) steel or iron material or products 
                        manufactured abroad from semi-finished steel or 
                        iron from the United States; and
                            (ii) steel or iron material or products 
                        manufactured in the United States from semi-
                        finished steel or iron of foreign origin.
            (2) Manufactured product.--The term ``manufactured 
        product'' means any construction material or end product (as 
        such terms are defined in part 25.003 of the Federal 
        Acquisition Regulation) that is not an iron or steel product, 
        including--
                    (A) electrical components; and
                    (B) non-ferrous building materials, including, 
                aluminum and polyvinylchloride (PVC), glass, fiber 
                optics, plastic, wood, masonry, rubber, manufactured 
                stone, any other non-ferrous metals, and any 
                unmanufactured construction material.

SEC. 70117. PROHIBITION ON USE OF FUNDS FOR FACILITIES OF FOR-PROFIT 
              CHARTER SCHOOLS.

    No covered funds may be used for the facilities of a public charter 
school that is operated by a for-profit entity.

SEC. 70118. PROHIBITION ON USE OF FUNDS FOR CERTAIN CHARTER SCHOOLS.

    No covered funds may be used for the facilities of a public charter 
school if--
            (1) the school leases the facilities from an individual or 
        private sector entity; and
            (2) such individual, or an individual with a direct or 
        indirect financial interest in such entity, has a management or 
        governance role in such school.

     Subtitle C--Annual Report and Authorization of Appropriations

SEC. 70121. ANNUAL REPORT ON GRANT PROGRAM.

    (a) In General.--Not later than September 30 of each fiscal year 
beginning after the date of the enactment of this division, the 
Secretary shall submit to the appropriate congressional committees a 
report on the projects carried out with funds made available under this 
title.
    (b) Elements.--The report under subsection (a) shall include, with 
respect to the fiscal year preceding the year in which the report is 
submitted, the following:
            (1) An identification of each local educational agency that 
        received a grant under this title.
            (2) With respect to each such agency, a description of--
                    (A) the demographic composition of the student 
                population served by the agency, disaggregated by--
                            (i) race;
                            (ii) the number and percentage of students 
                        counted under section 1124(c) of the Elementary 
                        and Secondary Education Act of 1965 (20 U.S.C. 
                        6333(c)); and
                            (iii) the number and percentage of students 
                        who are eligible for a free or reduced price 
                        lunch under the Richard B. Russell National 
                        School Lunch Act (42 U.S.C. 1751 et seq.);
                    (B) the population density of the geographic area 
                served by the agency;
                    (C) the projects for which the agency used the 
                grant received under this title, described using 
                measurements of school facility quality from the most 
                recent available version of the Common Education Data 
                Standards published by the National Center for 
                Education Statistics;
                    (D) the demonstrable or expected benefits of the 
                projects; and
                    (E) the estimated number of jobs created by the 
                projects.
            (3) The total dollar amount of all grants received by local 
        educational agencies under this title.
    (c) LEA Information Collection.--A local educational agency that 
receives a grant under this title shall--
            (1) annually compile the information described in 
        subsection (b)(2);
            (2) make the information available to the public, including 
        by posting the information on a publicly accessible agency 
        website; and
            (3) submit the information to the State.
    (d) State Information Distribution.--A State that receives 
information from a local educational agency under subsection (c) 
shall--
            (1) compile the information and report it annually to the 
        Secretary at such time and in such manner as the Secretary may 
        require;
            (2) make the information available to the public, including 
        by posting the information on a publicly accessible State 
        website; and
            (3) regularly distribute the information to local 
        educational agencies and Tribal governments in the State.

SEC. 70122. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $20,000,000,000 for each of 
fiscal years 2020 through 2024 to carry out this title. Amounts so 
appropriated are authorized to remain available through fiscal year 
2029.

  TITLE II--OTHER REPORTS, DEVELOPMENT OF STANDARDS, AND INFORMATION 
                             CLEARINGHOUSE

SEC. 70201. COMPTROLLER GENERAL REPORT.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this division, the Comptroller General of the United 
States shall submit to the appropriate congressional committees a 
report on the projects carried out with covered funds.
    (b) Elements.--The report under subsection (a) shall include an 
assessment of--
            (1) State activities, including--
                    (A) the types of public school facilities data 
                collected by each State, if any;
                    (B) technical assistance with respect to public 
                school facilities provided by each State, if any;
                    (C) future plans of each State with respect to 
                public school facilities;
                    (D) criteria used by each State to determine high-
                need students and facilities for purposes of the 
                projects carried out with covered funds; and
                    (E) whether the State issued new regulations to 
                ensure the health and safety of students and staff 
                during construction or renovation projects or to ensure 
                safe, healthy, and high-performing school buildings;
            (2) the types of projects carried out with covered funds, 
        including--
                    (A) the square footage of the improvements made 
                with covered funds;
                    (B) the total cost of each such project; and
                    (C) the cost described in subparagraph (B), 
                disaggregated by, with respect to such project, the 
                cost of planning, design, construction, site purchase, 
                and improvements;
            (3) the geographic distribution of the projects;
            (4) the demographic composition of the student population 
        served by the projects, disaggregated by--
                    (A) race;
                    (B) the number and percentage of students counted 
                under section 1124(c) of the Elementary and Secondary 
                Education Act of 1965 (20 U.S.C. 6333(c)); and
                    (C) the number and percentage of students who are 
                eligible for a free or reduced price lunch under the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1751 et seq.);
            (5) an assessment of the impact of the projects on the 
        health and safety of school staff and students; and
            (6) how the Secretary or States could make covered funds 
        more accessible--
                    (A) to schools with the highest numbers and 
                percentages of students counted under section 1124(c) 
                of the Elementary and Secondary Education Act of 1965 
                (20 U.S.C. 6333(c)); and
                    (B) to schools with fiscal challenges in raising 
                capital for school infrastructure projects.
    (c) Updates.--The Comptroller General shall update and resubmit the 
report to the appropriate congressional committees--
            (1) on a date that is between 5 and 6 years after the date 
        of the enactment of this division; and
            (2) on a date that is between 10 and 11 years after such 
        date of enactment.

SEC. 70202. STUDY AND REPORT PHYSICAL CONDITION OF PUBLIC SCHOOLS.

    (a) Study and Report.--Not less frequently than once in each 5-year 
period beginning after the date of the enactment of this division, the 
Secretary, acting through the Director of the Institute of Education 
Sciences, shall--
            (1) carry out a comprehensive study of the physical 
        conditions of all public schools in the 50 States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the United States 
        Virgin Islands, Guam, American Samoa, and the Commonwealth of 
        the Northern Mariana Islands; and
            (2) submit a report to the appropriate congressional 
        committees that includes the results of the study.
    (b) Elements.--Each study and report under subsection (a) shall 
include--
            (1) an assessment of--
                    (A) the effect of school facility conditions on 
                student and staff health and safety;
                    (B) the effect of school facility conditions on 
                student academic outcomes;
                    (C) the condition of school facilities, set forth 
                separately by geographic region;
                    (D) the condition of school facilities for 
                economically disadvantaged students as well as students 
                from major racial and ethnic subgroups;
                    (E) the accessibility of school facilities for 
                students and staff with disabilities;
                    (F) the prevalence of school facilities at which 
                student enrollment exceeds the physical and 
                instructional capacity of the facility and the effect 
                of such excess enrollment on instructional quality and 
                delivery of school wraparound services;
                    (G) the condition of school facilities affected by 
                natural disasters;
                    (H) the effect that projects carried out with 
                covered funds have on the communities in which such 
                projects are conducted, including the vitality, jobs, 
                population, and economy of such communities; and
                    (I) the ability of building envelopes and interiors 
                of public school facilities to protect occupants from 
                natural elements and human threats;
            (2) an explanation of any differences observed with respect 
        to the factors described in subparagraphs (A) through (H) of 
        paragraph (1); and
            (3) a cost estimate for bringing school facilities to a 
        state of good repair, as determined by the Secretary.

SEC. 70203. DEVELOPMENT OF DATA STANDARDS.

    (a) Data Standards.--Not later than 120 days after the date of the 
enactment of this division, the Secretary, in consultation with the 
officials described in subsection (b), shall--
            (1) identify the data that States should collect and 
        include in the databases developed under section 
        70102(a)(2)(A)(ii);
            (2) develop standards for the measurement of such data; and
            (3) issue guidance to States concerning the collection and 
        measurement of such data.
    (b) Officials.--The officials described in this subsection are--
            (1) the Administrator of the Environmental Protection 
        Agency;
            (2) the Secretary of Energy;
            (3) the Director of the Centers for Disease Control and 
        Prevention; and
            (4) the Director of the National Institute for Occupational 
        Safety and Health.

SEC. 70204. INFORMATION CLEARINGHOUSE.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this division, the Secretary shall establish a 
clearinghouse to disseminate information on Federal programs and 
financing mechanisms that may be used to assist schools in initiating, 
developing, and financing--
            (1) energy efficiency projects;
            (2) distributed generation projects; and
            (3) energy retrofitting projects.
    (b) Elements.--In carrying out subsection (a), the Secretary 
shall--
            (1) consult with the officials described in section 
        70203(b) to develop a list of Federal programs and financing 
        mechanisms to be included in the clearinghouse; and
            (2) coordinate with such officials to develop a 
        collaborative education and outreach effort to streamline 
        communications and promote the Federal programs and financing 
        mechanisms included in the clearinghouse, which may include the 
        development and maintenance of a single online resource that 
        includes contact information for relevant technical assistance 
        that may be used by States, outlying areas, local educational 
        agencies, and Bureau-funded schools effectively access and use 
        such Federal programs and financing mechanisms.

SEC. 70205. SENSE OF CONGRESS ON OPPORTUNITY ZONES.

    (a) Findings.--The Congress finds as follows:
            (1) Opportunity Zones were championed by prominent leaders 
        of both parties as an innovative way to tackle longstanding 
        challenges.
            (2) As of December 2018, 8,763 low-income communities had 
        been designated as Opportunity Zones, representing all 50 
        States, the District of Columbia, Puerto Rico, the U.S. Virgin 
        Islands, and American Samoa.
            (3) Schools are integral parts of communities, and a key 
        part of communities' economic and work force development 
        efforts could be modernizing school facilities.
    (b) Sense of Congress.--lt is the sense of the Congress that 
opportunity zones, when combined with public infrastructure investment, 
can provide an innovative approach to capital financing that has the 
potential to unleash creativity and help local communities rebuild 
schools, rebuild economics, and get people back to work.

                   TITLE III--IMPACT AID CONSTRUCTION

SEC. 70301. TEMPORARY INCREASE IN FUNDING FOR IMPACT AID CONSTRUCTION.

    Section 7014(d) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7714(d)) is amended to read as follows:
    ``(d) Construction.--For the purpose of carrying out section 7007, 
there are authorized to be appropriated $100,000,000 for each of fiscal 
years 2020 through 2024.''.

   TITLE IV--ASSISTANCE FOR REPAIR OF SCHOOL FOUNDATIONS AFFECTED BY 
                               PYRRHOTITE

SEC. 70401. ALLOCATIONS TO STATES.

    (a) In General.--Beginning not later than 180 days after the date 
of the enactment of this division, the Secretary shall carry out a 
program under which the Secretary makes allocations to States to pay 
the Federal share of the costs of making grants to local educational 
agencies under section 70402.
    (b) Website.--Not later than 180 days after the date of enactment 
of this division, the Secretary shall publish, on a publicly accessible 
website of the Department of Education, instructions describing how a 
State may receive an allocation under this section.

SEC. 70402. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

    (a) In General.--From the amounts allocated to a State under 
section 70401(a) and contributed by the State under subsection (e)(2), 
the State shall award grants to local educational agencies--
            (1) to pay the future costs of repairing concrete school 
        foundations damaged by the presence of pyrrhotite; or
            (2) to reimburse such agencies for costs incurred by the 
        agencies in making such repairs in the 5-year period preceding 
        the date of enactment of this division.
    (b) Local Educational Agency Eligibility.--
            (1) Eligibility for grants for future repairs.--To be 
        eligible to receive a grant under subsection (a)(1), a local 
        educational agency shall--
                    (A) with respect to each school for which the 
                agency seeks to use grant funds, demonstrate to the 
                State that--
                            (i) the school is a pyrrhotite-affected 
                        school; and
                            (ii) any laboratory tests, core tests, and 
                        visual inspections of the school's foundation 
                        used to determine that the school is a 
                        pyrrhotite-affected school were conducted--
                                    (I) by a professional engineer 
                                licensed in the State in which the 
                                school is located; and
                                    (II) in accordance with applicable 
                                State standards or standards approved 
                                by any independent, non-profit, or 
                                private entity authorized by the State 
                                to oversee construction, testing, or 
                                financial relief efforts for damaged 
                                building foundations; and
                    (B) provide an assurance that--
                            (i) the local educational agency will use 
                        the grant only for the allowable uses described 
                        in subsection (f)(1); and
                            (ii) all work funded with the grant will be 
                        conducted by a qualified contractor or 
                        architect licensed in the State.
            (2) Eligibility for reimbursement grants.--To be eligible 
        to receive a grant under subsection (a)(2), a local educational 
        agency shall demonstrate that it met the requirements of 
        paragraph (1) at the time it carried out the project for which 
        the agency seeks reimbursement.
    (c) Application.--
            (1) In general.--A local educational agency that seeks a 
        grant under this section shall submit to the State an 
        application at such time, in such manner, and containing such 
        information as the State may require, which upon approval by 
        the State under subsection (d)(1)(A), the State shall submit to 
        the Secretary for approval under subsection (d)(1)(B).
            (2) Contents.--At minimum, each application shall include--
                    (A) information and documentation sufficient to 
                enable the State to determine if the local educational 
                agency meets the eligibility criteria under subsection 
                (b);
                    (B) in the case of an agency seeking a grant under 
                subsection (a)(1), an estimate of the costs of carrying 
                out the activities described in subsection (f);
                    (C) in the case of an agency seeking a grant under 
                subsection (a)(2)--
                            (i) an itemized explanation of--
                                    (I) the costs incurred by the 
                                agency in carrying out any activities 
                                described subsection (f);
                                    (II) any amounts contributed from 
                                other Federal, State, local, or private 
                                sources for such activities; and
                            (ii) the amount for which the local 
                        educational agency seeks reimbursement; and
                    (D) the percentage of any costs described in 
                subparagraph (B) or (C) that are covered by an 
                insurance policy.
    (d) Approval and Disbursement.--
            (1) Approval.--
                    (A) State.--The State shall approve the application 
                of each local educational agency for submission to the 
                Secretary that--
                            (i) submits a complete and correct 
                        application under subsection (c); and
                            (ii) meets the criteria for eligibility 
                        under subsection (b).
                    (B) Secretary.--Not later than 60 days after 
                receiving an application of a local educational agency 
                submitted by a State under subsection (c)(1), the 
                Secretary shall--
                            (i) approve such application, in a case in 
                        which the Secretary determines that such 
                        application meets the requirements of 
                        subparagraph (A); or
                            (ii) deny such application, in the case of 
                        an application that does not meet such 
                        requirements.
            (2) Disbursement.--
                    (A) Allocation.--The Secretary shall disburse an 
                allocation to a State not later than 60 days after the 
                date on which the Secretary approves an application 
                under paragraph (1)(B).
                    (B) Grant.--The State shall disburse grant funds to 
                a local educational agency not later than 60 days after 
                the date on which the State receives an allocation 
                under subparagraph (A).
    (e) Federal and State Share.--
            (1) Federal share.--The Federal share of each grant under 
        this section shall be an amount that is not more than 50 
        percent of the total cost of the project for which the grant is 
        awarded.
            (2) State share.--
                    (A) In general.--Subject to subparagraph (B), the 
                State share of each grant under this section shall be 
                an amount that is not less than 40 percent of the total 
                cost of the project for which the grant is awarded, 
                which the State shall contribute from non-Federal 
                sources.
                    (B) Special rule for reimbursement grants.--In the 
                case of a reimbursement grant made to a local 
                educational agency under subsection (a)(2) a State 
                shall be treated as meeting the requirement of 
                subparagraph (A) if the State demonstrates that it 
                contributed, from non-Federal sources, not less than 40 
                percent of the total cost of the project for which the 
                reimbursement grant is awarded.
    (f) Uses of Funds.--
            (1) Allowable uses of funds.--A local educational agency 
        that receives a grant under this section shall use such grant 
        only for costs associated with--
                    (A) the repair or replacement of the concrete 
                foundation or other affected areas of a pyrrhotite-
                affected school in the jurisdiction of such agency to 
                the extent necessary--
                            (i) to restore the structural integrity of 
                        the school to the safety and health standards 
                        established by the professional licensed 
                        engineer or architect associated with the 
                        project; and
                            (ii) to restore the school to the condition 
                        it was in before the school's foundation was 
                        damaged due to the presence of pyrrhotite; and
                    (B) engineering reports, architectural design, core 
                tests, and other activities directly related to the 
                repair or replacement project.
            (2) Prohibited uses of funds.--A local educational agency 
        that receives a grant under this section may not use the grant 
        for any costs associated with--
                    (A) work done to outbuildings, sheds, or barns, 
                swimming pools (whether in-ground or above-ground), 
                playgrounds or ballfields, or any ponds or water 
                features;
                    (B) the purchase of items not directly associated 
                with the repair or replacement of the school building 
                or its systems, including items such as desks, chairs, 
                electronics, sports equipment, or other school 
                supplies; or
                    (C) any other activities not described in paragraph 
                (1).
    (g) Limitation.--A local educational agency may not, for the same 
project, receive a grant under both--
            (1) this section; and
            (2) title I.

SEC. 70403. DEFINITIONS.

    In this title:
            (1) Pyrrhotite-affected school.--The term ``pyrrhotite-
        affected school'' means an elementary school or a secondary 
        school that meets the following criteria:
                    (A) The school has a concrete foundation.
                    (B) Pyrrhotite is present in the school's concrete 
                foundation, as demonstrated by a petrographic or other 
                type of laboratory core analysis or core inspection.
                    (C) A visual inspection of the school's concrete 
                foundation indicates that the presence of pyrrhotite is 
                causing the foundation to deteriorate at an unsafe 
                rate.
                    (D) A qualified engineer determined that the 
                deterioration of the school's foundation, due to the 
                presence of pyrrhotite--
                            (i) caused the school to become 
                        structurally unsound; or
                            (ii) will result in the school becoming 
                        structurally unsound within the next five 
                        years.
            (2) Qualified contractor.--The term ``qualified 
        contractor'' means a contractor who is qualified under State 
        law, or approved by any State agency or other State-sanctioned 
        independent or nonprofit entity, to repair or replace 
        residential or commercial building foundations that are 
        deteriorating due to the presence of pyrrhotite.

SEC. 70404. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
such sums as may be necessary for fiscal year 2020 and each fiscal year 
thereafter.

  DIVISION L--PUBLIC LANDS, TRIBAL COMMUNITIES, AND RESILIENT NATURAL 
                             INFRASTRUCTURE

SEC. 80000. TABLE OF CONTENTS.

    The table of contents for this division is as follows:

  DIVISION L--PUBLIC LANDS, TRIBAL COMMUNITIES, AND RESILIENT NATURAL 
                             INFRASTRUCTURE

Sec. 80000. Table of contents.
                TITLE I--WATER RESOURCES INFRASTRUCTURE

              Subtitle A--Water Settlements Infrastructure

Sec. 81101. Reclamation water settlements fund.
Sec. 81102. Conveyance capacity correction project.
Sec. 81103. Funding parity for water management goals and restoration 
                            goals.
 Subtitle B--FUTURE Western Water Infrastructure and Drought Resiliency

Sec. 81201. Short title.
Sec. 81202. Definitions.
                 Chapter 1--Infrastructure Development

Sec. 81211. Competitive grant program for the funding of water 
                            recycling and reuse projects.
Sec. 81212. Storage project development reports to congress.
Sec. 81213. Funding for storage and supporting projects.
Sec. 81214. Extension of existing requirements for grandfathered 
                            storage projects.
Sec. 81215. Desalination project development.
Sec. 81216. Assistance for disadvantaged communities without adequate 
                            drinking water.
                Chapter 2--IMPROVED TECHNOLOGY AND DATA

Sec. 81221. Reauthorization of water availability and use assessment 
                            program.
Sec. 81222. Renewal of advisory committee on water information.
Sec. 81223. Desalination technology development.
Sec. 81224. X-prize for water technology breakthroughs.
Sec. 81225. Study examining sediment transport.
Sec. 81226. Determination of water supply allocations.
Sec. 81227. Federal priority streamgages.
Sec. 81228. Study examining climate vulnerabilities at federal dams.
Sec. 81229. Innovative technology adoption.
            Chapter 3--ECOSYSTEM PROTECTION AND RESTORATION

Sec. 81231. Waterbird habitat creation program.
Sec. 81232. Cooperative watershed management program.
Sec. 81233. Competitive grant program for the funding of watershed 
                            health projects.
Sec. 81234. Support for refuge water deliveries.
Sec. 81235. Drought planning and preparedness for critically important 
                            fisheries.
Sec. 81236. Aquatic ecosystem restoration.
Sec. 81237. Reauthorization of the Fisheries Restoration and Irrigation 
                            Mitigation Act of 2000.
Sec. 81238. Report on fish that inhabit waters that contain 
                            perfluoroalkyl or polyfluoroalkyl 
                            substances.
              Chapter 4--WATER JOB TRAINING AND EDUCATION

Sec. 81241. Water resource education.
                        Chapter 5--MISCELLANEOUS

Sec. 81251. Offset.
Sec. 81252. Delayed water project recommendations.
Sec. 81253. Continued use of Pick-Sloan Missouri Basin Program project 
                            use power by the Kinsey Irrigation Company 
                            and the Sidney Water Users Irrigation 
                            District.
                   Subtitle C--Western Water Security

Sec. 81301. Definitions.
       Chapter 1--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT

Sec. 81311. Watersmart extension and expansion.
Sec. 81312. Emergency drought funding.
Sec. 81313. Rio Grande Pueblo Irrigation Infrastructure 
                            Reauthorization.
Sec. 81314. Puerto Rico WaterSMART Grants Eligibility.
                   Chapter 2--GROUNDWATER MANAGEMENT

Sec. 81321. Reauthorization and expansion of the Transboundary Aquifer 
                            Assessment Program.
Sec. 81322. Groundwater management assessment and improvement.
Sec. 81323. Surface and groundwater water availability and the energy 
                            nexus.
      Chapter 3--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION

Sec. 81331. Definitions.
Sec. 81332. Water acquisition program.
Sec. 81333. Middle Rio Grande Water Conservation.
Sec. 81334. Sustaining biodiversity during droughts.
Sec. 81335. Reauthorization of cooperative watershed management 
                            program.
                   Chapter 4--EFFECT ON EXISTING LAW

Sec. 81341. Effect on existing law.
            Subtitle D--Water Resources Research Amendments

Sec. 81411. Water Resources Research Act amendments.
               Subtitle E--Ground Water Recharge Planning

Sec. 81511. Ground water recharge planning.
                Subtitle F--Tribal Water Infrastructure

Sec. 81611. Finding.
Sec. 81612. Indian Health Services Sanitation Facilities Construction 
                            Program funding.
            Subtitle G--Navajo Utah Water Rights Settlement

Sec. 81711. Purposes.
Sec. 81712. Definitions.
Sec. 81713. Ratification of agreement.
Sec. 81714. Navajo water rights.
Sec. 81715. Navajo trust accounts.
Sec. 81716. Authorization of appropriations.
Sec. 81717. Conditions precedent.
Sec. 81718. Waivers and releases.
Sec. 81719. Miscellaneous provisions.
Sec. 81720. Relation to allottees.
Sec. 81721. Antideficiency.
          TITLE II--NATIONAL PARKS, FORESTS, AND PUBLIC LANDS

              Subtitle A--Public Lands Telecommunications

Sec. 82101. Definitions.
Sec. 82102. Collection and retention of rental fees associated with 
                            communications use authorizations on 
                            Federal lands and Federal land management 
                            agency support for communication site 
                            programs.
Sec. 82103. Cooperative agreement authority.
                      Subtitle B--Outdoors for All

Sec. 82201. Definitions.
Sec. 82202. Grants authorized.
Sec. 82203. Eligible uses.
Sec. 82204. National park service requirements.
Sec. 82205. Reporting.
Sec. 82206. Revenue sharing.
                Subtitle C--Updated Borrowing Authority

Sec. 82301. Presidio Trust borrowing authority.
 Subtitle D--Forest Service Legacy Roads and Trails Remediation Program

Sec. 82401. Forest Service Legacy Roads and Trails Remediation Program.
                        Subtitle E--Long Bridge

Sec. 82501. Authorization of National Park Service conveyances.
          Subtitle F--Western Riverside County Wildlife Refuge

Sec. 82601. Western Riverside County Wildlife Refuge.
Sec. 82602. Purpose.
Sec. 82603. Notification of establishment.
Sec. 82604. Boundaries.
Sec. 82605. Administration.
Sec. 82606. Acquisition and transfers of lands and waters for wildlife 
                            refuge.
                    Subtitle G--Tribal Land to Trust

Sec. 82701. Lands to be taken into trust.
                     TITLE III--OCEANS AND WILDLIFE

     Subtitle A--Coastal and Great Lakes Resiliency and Restoration

Sec. 83101. Shovel-Ready Restoration and Resiliency Grant Program.
Sec. 83102. Living Shoreline Grant Program.
            Subtitle B--Wildlife Corridors Conservation Act

Sec. 83201. Definitions.
 Chapter 1--National Wildlife Corridor System on Federal Land and Water

Sec. 83211. National wildlife corridors.
Sec. 83212. Administrative designation of national wildlife corridors.
Sec. 83213. Management of national wildlife corridors.
               Chapter 2--Wildlife Corridors Conservation

  subchapter a--national wildlife corridor system on federal land and 
                                 water

Sec. 83311. Collaboration and coordination.
Sec. 83312. Effect.
                subchapter b--tribal wildlife corridors

Sec. 83321. Tribal Wildlife Corridors.
Sec. 83322. Protection of Indian Tribes.
 subchapter c--wildlife movement grant program on non-federal land and 
                                 water

Sec. 83331. Wildlife movements grant program.
Sec. 83332. National Coordination Committee.
Sec. 83333. Regional wildlife movement councils.
           subchapter d--national wildlife corridors database

Sec. 83341. National wildlife corridors database.
                           Chapter 3--Funding

Sec. 83401. Wildlife corridors stewardship fund.
Sec. 83402. Authorization of appropriations.
               Chapter 4--Authorization of Appropriations

  subchapter a--natural infrastructure for wildlife conservation and 
                              restoration

Sec. 83511. Short title.
Sec. 83512. Wildlife Conservation and Restoration Subaccount.
Sec. 83513. Technical amendments.
Sec. 83514. Savings clause.
 subchapter b--natural infrastructure for tribal wildlife conservation 
                            and restoration

Sec. 83521. Indian Tribes.
                        Chapter 5--Miscellaneous

Sec. 83601 Reauthorization of Chesapeake Bay gateways and watertrails 
                            network.
                            TITLE IV--ENERGY

 Subtitle A--Establishment of Federal Orphaned Well Remediation Program

Sec. 84101. Establishment of federal orphaned well remediation program.
Sec. 84102. Federal bonding reform.
   Subtitle B--Surface Mining Control and Reclamation Act Amendments

Sec. 84201. Abandoned Mine Land Reclamation Fund.
Sec. 84202. Emergency Powers.
Sec. 84203. Reclamation fee.
Subtitle C--Revitalizing the Economy of Coal Communities by Leveraging 
                  Local Activities and Investing More

Sec. 84301. Economic revitalization for coal country.
Sec. 84302. Technical and conforming amendments.
Sec. 84303. Minimum State payments.
Sec. 84304. GAO study of use of funds.
Sec. 84305. Payments to certified States not affected.
          Subtitle D--Public Land Renewable Energy Development

Sec. 84401. Definitions.
Sec. 84402. Land use planning; supplements to programmatic 
                            environmental impact statements.
Sec. 84403. Environmental review on covered land.
Sec. 84404. Program to improve renewable energy project permit 
                            coordination.
Sec. 84405. Increasing economic certainty.
Sec. 84406. Limited grandfathering.
Sec. 84407. Renewable energy goal.
Sec. 84408. Disposition of revenues.
Sec. 84409. Promoting and enhancing development of geothermal energy.
Sec. 84410. Facilitation of coproduction of geothermal energy on oil 
                            and gas leases.
Sec. 84411. Noncompetitive leasing of adjoining areas for development 
                            of geothermal resources.
Sec. 84412. Savings clause.
             Subtitle E--Offshore Wind Jobs and Opportunity

Sec. 84501. Offshore Wind Career Training Grant Program.
             Subtitle F--Community Reclamation Partnerships

Sec. 84601. Reference.
Sec. 84602. State memoranda of understanding for certain remediation.
Sec. 84603. Clarifying State liability for mine drainage projects.
Sec. 84604. Conforming amendments.
               Subtitle G--Sinkhole Hazard Identification

Sec. 84701. Sinkhole hazard identification.
                        TITLE V--LABOR STANDARDS

Sec. 85101. Labor Standards.

                TITLE I--WATER RESOURCES INFRASTRUCTURE

              Subtitle A--Water Settlements Infrastructure

SEC. 81101. RECLAMATION WATER SETTLEMENTS FUND.

    Section 10501 of the Omnibus Public Land Management Act of 2009 (43 
U.S.C. 407) is amended--
            (1) in subsection (b)(1), by inserting ``and for fiscal 
        year 2031 and each fiscal year thereafter'' after ``For each of 
        fiscal years 2020 through 2029'';
            (2) in subsection (c)--
                    (A) in paragraph (1)(A), by striking ``for each of 
                fiscal years 2020 through 2034'' and inserting ``for 
                fiscal year 2020 and each fiscal year thereafter''; and
                    (B) in paragraph (3)(C), by striking ``for any 
                authorized use'' and all that follows through the 
                period at the end and inserting ``for any use 
                authorized under paragraph (2).''; and
            (3) by striking subsection (f).

SEC. 81102. CONVEYANCE CAPACITY CORRECTION PROJECT.

    (a) In General.--There is authorized to be appropriated to the 
Secretary of the Interior, $200,000,000 for fiscal years 2020 through 
2023, in the aggregate, for the acceleration and completion of repairs 
to water conveyance facilities at transferred works in Reclamation 
States.
    (b) Eligibility.--A project eligible for funding under this section 
is a project where--
            (1) repairs are major, non-recurring maintenance of a 
        mission critical asset;
            (2) the Secretary determines that the project has lost 50 
        percent or more of its designed carrying capacity along some 
        portion of the facility; and
            (3) the additional water made available for conveyance 
        through the project would be used primarily for groundwater 
        recharge to assist in meeting groundwater sustainability goals 
        defined under State law.
    (c) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out an activity described in this section shall not be 
        more than 50 percent.
            (2) Non-federal share.--The non-Federal share of the cost 
        of carrying out an activity described in the section--
                    (A) shall be not less than 50 percent; and
                    (B) may be provided in cash or in-kind.
    (d) Restrictions.--Funds authorized to be appropriated under this 
section may not be used to build new surface storage, raise existing 
reservoirs, or enlarge the carrying capacity of a canal beyond the 
project's capacity as previously constructed by the Bureau of 
Reclamation.
    (e) Environmental Compliance.--In carrying out projects under this 
section, the Secretary of the Interior shall comply with all applicable 
environmental laws, including--
            (1) the National Environmental Policy Act of 1969;
            (2) the Endangered Species Act of 1973; and
            (3) other applicable State law.
    (f) Savings.--Federal funds provided under this section shall be in 
addition to any and all Federal funding authorized in statute for such 
purposes and shall be non-reimbursable.

SEC. 81103. FUNDING PARITY FOR WATER MANAGEMENT GOALS AND RESTORATION 
              GOALS.

    In addition to the funding authorized in section 10009 of Public 
Law 111-11, there are authorized to be appropriated an additional 
$200,000,000 (at October 2019 price levels) to implement the 
Restoration Goal of the Settlement described in section 10004 of Public 
Law 111-11.

 Subtitle B--FUTURE Western Water Infrastructure and Drought Resiliency

SEC. 81201. SHORT TITLE.

    This subtitle may be cited as the ``Furthering Underutilized 
Technologies and Unleashing Responsible Expenditures for Western Water 
Infrastructure and Drought Resiliency Act'' or the ``FUTURE Western 
Water Infrastructure and Drought Resiliency Act''.

SEC. 81202. DEFINITIONS.

    In this subtitle:
            (1) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means--
                    (A) the Committee on Natural Resources of the House 
                of Representatives; and
                    (B) the Committee on Energy and Natural Resources 
                of the Senate.
            (2) Reclamation state.--The term ``Reclamation State'' 
        means a State or territory described in the first section of 
        the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 
        391).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, unless otherwise defined in a particular 
        provision.
            (4) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304)).

                 CHAPTER 1--INFRASTRUCTURE DEVELOPMENT

SEC. 81211. COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATER 
              RECYCLING AND REUSE PROJECTS.

    (a) Competitive Grant Program for the Funding of Water Recycling 
and Reuse Projects.--Section 1602(f) of the Reclamation Wastewater and 
Groundwater Study and Facilities Act (title XVI of Public Law 102-575; 
43 U.S.C. 390h et seq.) is amended by striking paragraphs (2) and (3) 
and inserting the following:
            ``(2) Priority.--When funding projects under paragraph (1), 
        the Secretary shall give funding priority to projects that meet 
        one or more of the following criteria:
                    ``(A) Projects that are likely to provide a more 
                reliable water supply for States and local governments.
                    ``(B) Projects that are likely to increase the 
                water management flexibility and reduce impacts on 
                environmental resources from projects operated by 
                Federal and State agencies.
                    ``(C) Projects that are regional in nature.
                    ``(D) Projects with multiple stakeholders.
                    ``(E) Projects that provide multiple benefits, 
                including water supply reliability, eco-system 
                benefits, groundwater management and enhancements, and 
                water quality improvements.''.
    (b) Authorization of Appropriations.--Section 1602(g) of the 
Reclamation Wastewater and Groundwater Study and Facilities Act (title 
XVI of Public Law 102-575; 43 U.S.C. 390h et seq.) is amended--
            (1) by striking ``$50,000,000'' and inserting 
        ``$500,000,000 through fiscal year 2025''; and
            (2) by striking ``if enacted appropriations legislation 
        designates funding to them by name,''.
    (c) Duration.--Section 4013 of the WIIN Act (43 U.S.C. 390b(2)) is 
amended--
            (1) in paragraph (1), by striking ``and'';
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(3) section 4009(c).''.
    (d) Limitation on Funding.--Section 1631(d) of the Reclamation 
Wastewater and Groundwater Study and Facilities Act (43 U.S.C. 390h-
13(d)) is amended by striking ``$20,000,000 (October 1996 prices)'' and 
inserting ``$30,000,000 (January 2019 prices)''.

SEC. 81212. STORAGE PROJECT DEVELOPMENT REPORTS TO CONGRESS.

    (a) Definitions.--In this section:
            (1) Non-federal interest.--The term ``Non-Federal 
        interest'' means an eligible entity or a qualified partner (as 
        defined in section 81213(a)).
            (2) Project report.--The term ``project report'' means the 
        following documents prepared for a Federal storage project or 
        major federally assisted storage project (as defined in section 
        81213(a)):
                    (A) A feasibility study carried out pursuant to the 
                Act of June 17, 1902 (32 Stat. 388, chapter 1093), and 
                Acts supplemental to and amendatory of that Act (43 
                U.S.C. 371 et seq.) including any feasibility or 
                equivalent studies prepared for a project pursuant to 
                section 81213(c)(7)(B) or section 81213(d)(7)(B)(i) of 
                this subtitle.
                    (B) The Fish and Wildlife Coordination Act report 
                described in section 81213(g) of this subtitle prepared 
                for a project.
                    (C) Any final document prepared for a project 
                pursuant to the National Environmental Policy Act of 
                1969 (42 U.S.C. 4321 et seq.).
                    (D) A brief description of any completed 
                environmental permits, approvals, reviews, or studies 
                required for a project under any Federal law other than 
                the National Environmental Policy Act of 1969 (42 
                U.S.C. 4321 et seq.).
                    (E) A description of any determinations made by the 
                Secretary under section 81213(d)(7)(A)(ii) for each 
                project and the basis for such determinations.
            (3) Project study.--
                    (A) Federal storage project.--With respect to a 
                Federal storage project (as defined in section 
                81213(a)), the term ``project study'' means a 
                feasibility study carried out pursuant to the Act of 
                June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
                supplemental to and amendatory of that Act (43 U.S.C. 
                371 et seq.) including a feasibility study prepared 
                pursuant to section 81213(c)(7)(B) of this subtitle.
                    (B) Major federally assisted storage project.--With 
                respect to a major federally assisted storage project 
                (as defined in section 81213(a)), the term ``project 
                study'' means the feasibility or equivalent studies 
                prepared pursuant to section 81213(d)(7)(B)(i) of this 
                subtitle.
    (b) Annual Reports.--Not later than February 1 of each year, the 
Secretary shall develop and submit to the relevant committees of 
Congress an annual report, to be entitled ``Report to Congress on 
Future Storage Project Development'', that identifies the following:
            (1) Project reports.--Each project report that meets the 
        criteria established in subsection (d)(1)(A).
            (2) Proposed project studies.--Any proposed project study 
        submitted to the Secretary by a non-Federal interest pursuant 
        to subsection (c) that meets the criteria established in 
        subsection (d)(1)(A).
            (3) Proposed modifications.--Any proposed modification to 
        an authorized project or project study that meets the criteria 
        established in subsection (d)(1)(A) that--
                    (A) is submitted to the Secretary by a non-Federal 
                interest pursuant to subsection (c); or
                    (B) is identified by the Secretary for 
                authorization.
    (c) Requests for Proposals.--
            (1) Publication.--Not later than May 1 of each year, the 
        Secretary shall publish in the Federal Register a notice 
        requesting proposals from non-Federal interests for project 
        reports, proposed project studies, and proposed modifications 
        to authorized projects and project studies to be included in 
        the annual report.
            (2) Deadline for requests.--The Secretary shall include in 
        each notice required by this subsection a requirement that non-
        Federal interests submit to the Secretary any proposals 
        described in paragraph (1) by not later than 120 days after the 
        date of publication of the notice in the Federal Register in 
        order for the proposals to be considered for inclusion in the 
        annual report.
            (3) Notification.--On the date of publication of each 
        notice required by this subsection, the Secretary shall--
                    (A) make the notice publicly available, including 
                on the internet; and
                    (B) provide written notification of the publication 
                to the relevant committees of Congress.
    (d) Contents.--
            (1) Project reports, proposed project studies, and proposed 
        modifications.--
                    (A) Criteria for inclusion in report.--The 
                Secretary shall include in the annual report only those 
                project reports, proposed project studies, and proposed 
                modifications to authorized projects and project 
                studies that--
                            (i) are related to the missions and 
                        authorities of the Department of the Interior;
                            (ii) require specific congressional 
                        authorization, including by an Act of Congress;
                            (iii) have not been congressionally 
                        authorized;
                            (iv) have not been included in any previous 
                        annual report; and
                            (v) if authorized, could be carried out by 
                        the Department of the Interior or a non-Federal 
                        entity eligible to carry out a major federally 
                        assisted storage project under section 81213.
                    (B) Description of benefits.--
                            (i) Description.--The Secretary shall 
                        describe in the annual report, to the extent 
                        applicable and practicable, for each proposed 
                        project study and proposed modification to an 
                        authorized project or project study included in 
                        the annual report, the benefits, as described 
                        in clause (ii), of each such study or proposed 
                        modification.
                            (ii) Benefits.--The benefits (or expected 
                        benefits, in the case of a proposed project 
                        study) described in this clause are benefits 
                        to--
                                    (I) water supply and water 
                                management;
                                    (II) the environment, including 
                                fish and wildlife benefits estimated 
                                under section 81213(g) for a project 
                                report or proposed modification to an 
                                authorized project;
                                    (III) the protection of human life 
                                and property;
                                    (IV) the national economy; or
                                    (V) the national security interests 
                                of the United States.
                    (C) Identification of other factors.--The Secretary 
                shall identify in the annual report, to the extent 
                practicable--
                            (i) for each proposed project study 
                        included in the annual report, the non-Federal 
                        interest that submitted the proposed project 
                        study pursuant to subsection (c); and
                            (ii) for each proposed project study and 
                        proposed modification to a project or project 
                        study included in the annual report, whether 
                        the non-Federal interest has demonstrated--
                                    (I) that local support exists for 
                                the proposed project study or proposed 
                                modification to an authorized project 
                                or project study (including the project 
                                that is the subject of the proposed 
                                project study or the proposed 
                                modification to an authorized project 
                                study); and
                                    (II) the financial ability to 
                                provide the required non-Federal cost 
                                share.
            (2) Transparency.--The Secretary shall include in the 
        annual report, for each project report, proposed project study, 
        and proposed modification to a project or project study 
        included under paragraph (1)(A)--
                    (A) the name of the associated non-Federal 
                interest, including the name of any non-Federal 
                interest that has contributed, or is expected to 
                contribute, a non-Federal share of the cost of--
                            (i) the project report;
                            (ii) the proposed project study;
                            (iii) the authorized project study for 
                        which the modification is proposed; or
                            (iv) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the project report;
                                            (bb) the proposed project 
                                        study; or
                                            (cc) the authorized project 
                                        study for which a modification 
                                        is proposed; or
                                    (II) the proposed modification to a 
                                project;
                    (B) a letter or statement of support for the 
                project report, proposed project study, or proposed 
                modification to a project or project study from each 
                associated non-Federal interest;
                    (C) the purpose of the project report, proposed 
                project study, or proposed modification to a project or 
                project study;
                    (D) an estimate, to the extent practicable, of the 
                Federal, non-Federal, and total costs of--
                            (i) the proposed modification to an 
                        authorized project study; and
                            (ii) construction of--
                                    (I) the project that is the subject 
                                of--
                                            (aa) the project report; or
                                            (bb) the authorized project 
                                        study for which a modification 
                                        is proposed, with respect to 
                                        the change in costs resulting 
                                        from such modification; or
                                    (II) the proposed modification to 
                                an authorized project; and
                    (E) an estimate, to the extent practicable, of the 
                monetary and nonmonetary benefits of--
                            (i) the project that is the subject of--
                                    (I) the project report; or
                                    (II) the authorized project study 
                                for which a modification is proposed, 
                                with respect to the benefits of such 
                                modification; or
                            (ii) the proposed modification to an 
                        authorized project.
            (3) Certification.--The Secretary shall include in the 
        annual report a certification stating that each project report, 
        proposed project study, and proposed modification to a project 
        or project study included in the annual report meets the 
        criteria established in paragraph (1)(A).
            (4) Appendix.--The Secretary shall include in the annual 
        report an appendix listing the proposals submitted under 
        subsection (c) that were not included in the annual report 
        under paragraph (1)(A) and a description of why the Secretary 
        determined that those proposals did not meet the criteria for 
        inclusion under such paragraph.
    (e) Special Rule for Initial Annual Report.--Notwithstanding any 
other deadlines required by this section, the Secretary shall--
            (1) not later than 60 days after the date of the enactment 
        of this Act, publish in the Federal Register a notice required 
        by subsection (c)(1); and
            (2) include in such notice a requirement that non-Federal 
        interests submit to the Secretary any proposals described in 
        subsection (c)(1) by not later than 120 days after the date of 
        publication of such notice in the Federal Register in order for 
        such proposals to be considered for inclusion in the first 
        annual report developed by the Secretary under this section.
    (f) Publication.--Upon submission of an annual report to Congress, 
the Secretary shall make the annual report publicly available, 
including through publication on the Internet.
    (g) Consultation.--The Secretary, acting through the Commissioner 
of Reclamation, shall confer with the relevant committees of Congress 
before submitting each annual report prepared under subsection (b).
    (h) Submission of Individual Project Reports.--Upon completion, 
project reports, including all required documents and reports under 
subsection (b), shall--
            (1) be submitted to the relevant committees of Congress; 
        and
            (2) include discussion of the following findings by the 
        Secretary--
                    (A) whether the project is deemed to be feasible in 
                accordance with the applicable feasibility standards 
                under section 81213 and the reclamation laws;
                    (B) The degree to which the project will provide 
                benefits (or expected benefits, in the case of a 
                proposed project study) as described in subsection 
                (d)(1)(B)(ii) and other benefits under the reclamation 
                laws; and
                    (C) whether the project complies with Federal, 
                State, and local laws.

SEC. 81213. FUNDING FOR STORAGE AND SUPPORTING PROJECTS.

    (a) Definitions.--In this section:
            (1) Design; study.--
                    (A) In general.--The terms ``design'' and ``study'' 
                include any design, permitting, study (including a 
                feasibility study), materials engineering or testing, 
                surveying, or preconstruction activity relating to a 
                Federal storage project, a major federally assisted 
                storage project, a natural water storage project, or a 
                standard federally assisted storage project as defined 
                in this subsection.
                    (B) Exclusions.--The terms ``design'' and ``study'' 
                do not include an appraisal study or other preliminary 
                review intended to determine whether further study is 
                appropriate for a Federal storage project, a major 
                federally assisted storage project, a natural water 
                storage project, or a standard federally assisted 
                storage project as defined in this subsection.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) any State, political subdivision of a State, 
                department of a State, or public agency organized 
                pursuant to State law;
                    (B) an Indian Tribe or an entity controlled by an 
                Indian Tribe;
                    (C) a water users' association;
                    (D) an agency established by an interstate compact; 
                and
                    (E) an agency established under State law for the 
                joint exercise of powers.
            (3) Federal storage project.--The term ``Federal storage 
        project'' means--
                    (A) any project in a Reclamation State that 
                involves the construction, expansion, upgrade, or 
                capital repair of a water storage facility or a 
                facility conveying water to or from a surface or 
                groundwater storage facility--
                            (i) to which the United States holds title; 
                        and
                            (ii) that was authorized to be constructed, 
                        operated, and maintained pursuant to--
                                    (I) the reclamation laws; or
                                    (II) the Act of August 11, 1939 
                                (commonly known as the Water 
                                Conservation and Utilization Act (16 
                                U.S.C. 590y et seq.)); or
                    (B) an ecosystem restoration project for watershed 
                function, including a forest or watershed restoration 
                project, that reduces the risk of water storage loss by 
                reducing the risk of erosion or sediment loading into a 
                water storage facility in a Reclamation State--
                            (i) to which the United States holds title; 
                        and
                            (ii) that was authorized to be constructed, 
                        operated, and maintained pursuant to--
                                    (I) the reclamation laws; or
                                    (II) the Act of August 11, 1939 
                                (commonly known as the Water 
                                Conservation and Utilization Act (16 
                                U.S.C. 590y et seq.)).
            (4) Fish and wildlife benefits.--The term ``fish and 
        wildlife benefits'' means overall benefits or improvements to 
        aquatic ecosystems and native fish and wildlife within a 
        Reclamation State, including benefits for a wildlife refuge, 
        that are in excess of--
                    (A) existing fish and wildlife mitigation or 
                compliance obligations under--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Fish and Wildlife Coordination Act 
                        (16 U.S.C. 661 et seq.);
                            (iii) the Water Resources Development Act 
                        of 1986 (Public Law 99-662; 100 Stat. 4082);
                            (iv) the Endangered Species Act of 1973 (16 
                        U.S.C. 1531 et seq.);
                            (v) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (vi) any other Federal law, State law or 
                        other existing requirement in regulations, 
                        permits, contracts, licenses, grants, or orders 
                        and decisions from courts or State or Federal 
                        agencies; or
                    (B) existing environmental mitigation or compliance 
                obligations as defined in section 6001(a)(32) of title 
                23 of the California Code of Regulations, with respect 
                to benefits and improvements to aquatic ecosystems and 
                native fish and wildlife within the State of 
                California, in recognition of the State of California's 
                existing prohibitions against the use of public funds 
                for environmental mitigation required under Federal and 
                State law.
            (5) Major federally assisted storage project.--The term 
        ``major federally assisted storage project'' means any project 
        in a Reclamation State that--
                    (A) involves the construction, expansion, upgrade, 
                or capital repair by an eligible entity or qualified 
                partner of--
                            (i) a surface or groundwater storage 
                        facility that is not federally owned; or
                            (ii) a facility that is not federally owned 
                        conveying water to or from a surface or 
                        groundwater storage facility; or
                    (B) is an ecosystem restoration project for 
                watershed function, including a forest or watershed 
                restoration project, that reduces the risk of water 
                storage loss by reducing the risk of erosion or 
                sediment loading for a project described in 
                subparagraph (A); and
                    (C) provides benefits described in section 
                81212(d)(1)(B)(ii); and
                    (D) has a total estimated cost of more than 
                $250,000,000.
            (6) Natural water storage project.--The term ``natural 
        water storage project'' means a single project, a number of 
        distributed projects across a watershed, or the redesign and 
        replacement, or removal, of built infrastructure to incorporate 
        elements, where the project or elements have the following 
        characteristics:
                    (A) Uses primarily natural materials appropriate to 
                the specific site and landscape setting.
                    (B) Largely relies on natural riverine, wetland, 
                hydrologic, or ecological processes.
                    (C) Results in aquifer recharge, transient 
                floodplain water retention, or reconnection of historic 
                floodplains to their stream channels with water 
                retention benefits within a Reclamation State.
                    (D) Is designed to produce two or more of the 
                following environmental benefits:
                            (i) Stream flow changes beneficial to 
                        watershed health.
                            (ii) Fish and wildlife habitat or migration 
                        corridor restoration.
                            (iii) Floodplain reconnection and 
                        inundation.
                            (iv) Riparian or wetland restoration and 
                        improvement.
            (7) Standard federally assisted storage project.--The term 
        ``standard federally assisted storage project'' means any 
        project in a Reclamation State that--
                    (A) involves the construction, expansion, upgrade, 
                or capital repair by an eligible entity or qualified 
                partner of--
                            (i) a surface or groundwater storage 
                        facility that is not federally owned; or
                            (ii) a facility that is not federally owned 
                        conveying water to or from a surface or 
                        groundwater storage facility; or
                    (B) is an ecosystem restoration project for 
                watershed function, including a forest or watershed 
                restoration project, that reduces the risk of water 
                storage loss by reducing the risk of erosion or 
                sediment loading for a project described in 
                subparagraph (A);
                    (C) provides benefits described in section 
                81212(d)(1)(B)(ii); and
                    (D) has a total estimated cost of $250,000,000 or 
                less.
            (8) Qualified partner.--The term ``qualified partner'' 
        means a non-profit organization operating in a Reclamation 
        State.
            (9) Reclamation laws.--The term ``reclamation laws'' means 
        Federal reclamation law (the Act of June 17, 1902 (32 Stat. 
        388; chapter 1093)), and Acts supplemental to and amendatory of 
        that Act.
    (b) Storage Project Funding.--There is authorized to be 
appropriated a total of $750 million for use by the Secretary through 
fiscal year 2026 to advance--
            (1) Federal storage projects within a Reclamation State in 
        accordance with subsection (c);
            (2) major federally assisted storage projects within a 
        Reclamation State in accordance with subsection (d);
            (3) natural water storage projects within a Reclamation 
        State in accordance with subsection (e);
            (4) standard federally assisted storage projects within a 
        Reclamation State in accordance with subsection (f); or
            (5) grandfathered storage projects in accordance with 
        section 81214.
    (c) Federal Storage Projects.--
            (1) Agreements.--On request of an eligible entity or 
        qualified partner and in accordance with this subsection, the 
        Secretary may negotiate and enter into an agreement on behalf 
        of the United States for the design, study, construction, 
        expansion, upgrade, or capital repair of a Federal storage 
        project located in a Reclamation State.
            (2) Federal share.--Subject to the requirements of this 
        subsection, the Secretary may fund up to 50 percent of the 
        design and study costs of a Federal storage project and up to 
        50 percent of the construction costs of a Federal storage 
        project.
            (3) Conditions for federal design and study funding.--
        Funding provided under this subsection may be made available 
        for the design and study of a Federal storage project if--
                    (A) the Secretary secures a cost share agreement 
                for design and study costs providing sufficient upfront 
                funding to pay the non-Federal share of the design and 
                study costs of the Federal storage project; and
                    (B) the feasibility study for the Federal storage 
                project is congressionally authorized by reference to 
                the annual Report to Congress on Future Storage Project 
                Development prepared under section 81212.
            (4) Conditions for federal construction funding.--Funding 
        provided under this subsection for the construction of a 
        Federal storage project may be made available to a project if--
                    (A) the project has been authorized by name in a 
                Federal statute;
                    (B) the project is a multi-benefit project that 
                would, at a minimum, provide water supply reliability 
                benefits (including additional storage, conveyance, or 
                new firm yield) and fish and wildlife benefits as 
                determined by the final estimate prepared pursuant to 
                subsection (g);
                    (C) construction funding for the project is 
                congressionally approved by reference to the annual 
                Report to Congress on Future Storage Project 
                Development prepared under section 81212;
                    (D) the Secretary secures an agreement providing 
                sufficient upfront funding to pay the non-Federal share 
                of the construction costs of the Federal storage 
                project; and
                    (E) The Secretary determines--
                            (i) the project is technically and 
                        financially feasible;
                            (ii) the project provides water supply 
                        reliability benefits for a State or local 
                        government and fish and wildlife benefits; and
                            (iii) in return for the Federal cost-share 
                        investment in the project, at least a 
                        proportionate share of the project benefits are 
                        for--
                                    (I) fish and wildlife benefits as 
                                determined under subsection (g); or
                                    (II) non-reimbursable expenses 
                                authorized under the reclamation laws 
                                other than fish and wildlife expenses.
            (5) Notification.--The Secretary shall submit to the 
        relevant committees of Congress and make publicly available on 
        the internet a written notification of the Secretary's 
        determinations regarding the satisfaction of the requirements 
        under paragraphs (3) and (4) by not later than 30 days after 
        the date of the determinations.
            (6) Environmental laws.--In participating in a Federal 
        storage project under this subsection, the Secretary shall 
        comply with all applicable Federal environmental laws, 
        including the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), and all State environmental laws of the 
        Reclamation State in which the project is located involving the 
        construction, expansion or operation of a water storage project 
        or fish and wildlife protection, provided that no law or 
        regulation of a State or political subdivision of a State 
        relieve the Secretary of any Federal requirement otherwise 
        applicable under this section.
            (7) Additional guidelines for restoration projects that 
        reduce the risk of water storage losses.--
                    (A) Requirements.--A restoration project described 
                in section 81213(a)(3)(B) that receives funding under 
                this subsection must--
                            (i) have the potential to reduce the risk 
                        of water storage losses for a Federal storage 
                        project described in subsection (a)(3)(A) by 
                        reducing the risk of erosion or sediment 
                        loading; and
                            (ii) be designed to result in fish and 
                        wildlife benefits.
                    (B) Draft feasibility study.--Not later than 180 
                days after the date of the enactment of this Act, the 
                Secretary shall issue draft requirements for 
                feasibility studies for Federal storage projects 
                described in section 81213(a)(3)(B).
                    (C) Feasibility study requirements.--The draft 
                feasibility study requirements issued under 
                subparagraph (B) shall be consistent with requirements 
                for a title XVI Feasibility Study Report, including the 
                economic analysis, contained in the Reclamation Manual 
                Directives and Standards numbered WTR 11-01, subject to 
                any additional requirements necessary to provide 
                sufficient information for making determinations under 
                this section.
                    (D) Final feasibility study requirements.--The 
                Secretary shall finalize the feasibility study 
                requirements under subparagraph (C) by not later than 1 
                year after the date of the enactment of this Act.
                    (E) Eligible partner.--The Secretary is authorized 
                to participate in a restoration project described in 
                subsection (a)(3)(B) with a partner that is--
                            (i) an eligible entity as defined in 
                        subsection (a)(2); or
                            (ii) a qualified partner as defined in 
                        subsection (a)(8).
    (d) Major Federally Assisted Storage Projects.--
            (1) In general.--In accordance with this subsection, the 
        Secretary shall establish a competitive grant program to 
        participate in the design, study, construction, expansion, 
        upgrade, or capital repair of a major federally assisted 
        storage project on request of an eligible entity or qualified 
        partner. The competitive grant program established under this 
        paragraph shall--
                    (A) allow any project sponsor of a major federally 
                assisted storage project to apply for funding for the 
                design, study, construction, expansion, upgrade, or 
                capital repair of a major federally assisted storage 
                project;
                    (B) include the issuance of annual solicitations 
                for major federally assisted storage project sponsors 
                to apply for funding for the design, study, 
                construction, expansion, upgrade, or capital repair of 
                a major federally assisted storage project; and
                    (C) permit the Secretary to fund up to 25 percent 
                of the design and study costs of a major federally 
                assisted storage project and up to 25 percent of the 
                construction costs of a major federally assisted 
                storage project.
            (2) Funding priority for multi-benefit projects.--In making 
        grants under this subsection, the Secretary shall give funding 
        priority to multi-benefit projects that provide greater--
                    (A) water supply reliability benefits for States 
                and local governments; and
                    (B) fish and wildlife benefits.
            (3) Conditions for federal design and study funding.--The 
        Secretary may fund a design or study activity for a major 
        federally assisted storage project under this subsection if--
                    (A) the Governor of the State in which the major 
                federally assisted storage project is located provides 
                written concurrence for the design and study 
                activities;
                    (B) the Secretary secures an agreement for design 
                and study costs providing sufficient upfront funding to 
                pay the non-Federal share of the design and study costs 
                of the major federally assisted storage project; and
                    (C) the feasibility study for the major federally 
                assisted storage project is congressionally authorized 
                by reference to the annual Report to Congress on Future 
                Storage Project Development prepared under section 
                81212.
            (4) Conditions for federal construction funding.--Funding 
        provided under this subsection for the construction of a major 
        federally assisted storage project may be made available to a 
        project if--
                    (A) the project has been authorized by name in a 
                Federal statute;
                    (B) the project is a multi-benefit project that 
                would, at a minimum, provide water supply reliability 
                benefits (including additional storage, conveyance, or 
                new firm yield) and fish and wildlife benefits as 
                determined by the estimate prepared pursuant to 
                subsection (g);
                    (C) the Governor of the State in which the major 
                federally assisted storage project is located has 
                requested Federal participation at the time 
                construction is initiated;
                    (D) the Secretary secures an agreement committing 
                to pay the non-Federal share of the capital costs of 
                the major federally assisted storage project; and
                    (E) the Secretary determines--
                            (i) the project is technically and 
                        financially feasible;
                            (ii) the project provides water supply 
                        reliability benefits for a State or local 
                        government and fish and wildlife benefits; and
                            (iii) in return for the Federal cost-share 
                        investment in the project, at least a 
                        proportionate share of the project benefits are 
                        for--
                                    (I) fish and wildlife benefits as 
                                determined under subsection (g); or
                                    (II) other non-reimbursable 
                                expenses authorized under the 
                                reclamation laws other than fish and 
                                wildlife expenses.
            (5) Notification.--The Secretary shall submit to the 
        relevant committees of Congress and make publicly available on 
        the internet a written notification of the Secretary's 
        determinations regarding the satisfaction of the requirements 
        under paragraphs (3) and (4) by not later than 30 days after 
        the date of the determinations.
            (6) Environmental laws.--In participating in a major 
        federally assisted storage project under this subsection, the 
        Secretary shall comply with all applicable Federal 
        environmental laws, including the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.), and all State 
        environmental laws of the Reclamation State in which the 
        project is located involving the construction, expansion or 
        operation of a water storage project or fish and wildlife 
        protection, provided that no law or regulation of a State or 
        political subdivision of a State relieve the Secretary of any 
        Federal requirement otherwise applicable under this section.
            (7) Information.--
                    (A) In general.--In participating in a major 
                federally assisted storage project under this 
                subsection, the Secretary--
                            (i) may consider the use of feasibility or 
                        equivalent studies prepared by the sponsor of 
                        the major federally assisted storage project; 
                        but
                            (ii) shall retain responsibility for 
                        determining whether the feasibility or 
                        equivalent studies satisfy the requirements of 
                        reports prepared by the Secretary.
                    (B) Guidelines.--
                            (i) Draft.--Not later than 180 days after 
                        the date of the enactment of this Act, the 
                        Secretary shall issue draft guidelines for 
                        feasibility or equivalent studies for major 
                        federally assisted storage projects prepared by 
                        a project sponsor that shall be consistent with 
                        requirements for a title XVI Feasibility Study 
                        Report, including the economic analysis, 
                        contained in the Reclamation Manual Directives 
                        and Standards numbered WTR 11-01, subject to--
                                    (I) any additional requirements 
                                necessary to provide sufficient 
                                information for making any 
                                determinations or assessments under 
                                paragraphs (2), (3), and (4); and
                                    (II) the condition that the Bureau 
                                of Reclamation shall not bear 
                                responsibility for the technical 
                                adequacy of any design, cost estimate, 
                                or construction relating to a major 
                                federally assisted storage project.
                            (ii) Final.--The Secretary shall finalize 
                        the guidelines under clause (i) by not later 
                        than 1 year after the date of the enactment of 
                        this Act.
                    (C) Technical assistance for feasibility studies.--
                            (i) Technical assistance.--At the request 
                        of an eligible entity or qualified partner, the 
                        Secretary shall provide to the eligible entity 
                        or qualified partner technical assistance 
                        relating to any aspect of a feasibility study 
                        carried out by the eligible entity or qualified 
                        partner under this subsection if the eligible 
                        entity or qualified partner contracts with the 
                        Secretary to pay all costs of providing the 
                        technical assistance.
                            (ii) Impartial decisionmaking.--In 
                        providing technical assistance under clause 
                        (i), the Secretary shall ensure that the use of 
                        funds accepted from an eligible entity or 
                        qualified partner will not affect the impartial 
                        decisionmaking responsibilities of the 
                        Secretary, either substantively or 
                        procedurally.
                            (iii) Effect of technical assistance.--The 
                        provision of technical assistance by the 
                        Secretary under clause (i) shall not be 
                        considered to be an approval or endorsement of 
                        a feasibility study.
            (8) Eligible partner.--The Secretary is authorized to 
        participate in a restoration project described in subsection 
        (a)(4)(B) with a partner that is--
                    (A) an eligible entity as defined in subsection 
                (a)(2); or
                    (B) a qualified partner as defined in subsection 
                (a)(8).
    (e) Natural Water Storage Projects.--
            (1) In general.--In accordance with this subsection, the 
        Secretary shall establish a competitive grant program to 
        participate in the design, study, construction, expansion, 
        upgrade, or capital repair of a natural water storage project 
        in a Reclamation State on request of an eligible entity or 
        qualified partner. The competitive grant program established 
        under this paragraph shall--
                    (A) allow any project sponsor of a natural water 
                storage project to apply for funding for the design, 
                study, construction, expansion, upgrade, or capital 
                repair of a natural water storage project; and
                    (B) include the issuance of annual solicitations 
                for natural water storage project sponsors to apply for 
                funding for the design, study, construction, expansion, 
                upgrade, or capital repair of a natural water storage 
                project.
            (2) Funding priority for multi-benefit projects.--In making 
        grants under this subsection, the Secretary shall give funding 
        priority to multi-benefit projects that provide greater--
                    (A) water supply reliability benefits for States 
                and local governments; and
                    (B) fish and wildlife benefits.
            (3) Federal share.--Subject to the requirements of this 
        subsection, the Secretary may provide funding to an eligible 
        entity or qualified partner for the design, study, 
        construction, expansion, upgrade, or capital repair of a 
        natural water storage project in an amount equal to not more 
        than 80 percent of the total cost of the natural water storage 
        project.
            (4) Conditions for federal design and study funding.--The 
        Secretary may fund a design or study activity for a natural 
        water storage project under this subsection if the Governor of 
        the State in which the natural water storage project is located 
        provides written concurrence for design and study activities.
            (5) Conditions for federal construction funding.--Funding 
        provided under this subsection for the construction of a 
        natural water storage project may be made available to a 
        project if--
                    (A) the Governor of the State in which the natural 
                water storage project is located has requested Federal 
                participation at the time construction was initiated;
                    (B) the Secretary determines or the applicable non-
                Federal sponsor determines through the preparation of a 
                feasibility or equivalent study prepared in accordance 
                to paragraph (9), and the Secretary concurs, that--
                            (i) the project is technically and 
                        financially feasible;
                            (ii) the project provides water supply 
                        reliability benefits for a State or local 
                        government and fish and wildlife benefits; and
                            (iii) in return for the Federal cost-share 
                        investment in the project, at least a 
                        proportionate share of the project benefits are 
                        for non-reimbursable expenses authorized under 
                        the reclamation laws or for fish and wildlife 
                        benefits as defined in this section, which 
                        shall be considered a fully non-reimbursable 
                        Federal expenditure; and
                    (C) the Secretary secures an agreement committing 
                to pay the non-Federal share of the construction costs 
                of the project.
            (6) Environmental laws.--In participating in a natural 
        water storage project under this subsection, the Secretary 
        shall comply with all applicable Federal environmental laws, 
        including the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.), and all State environmental laws of the 
        Reclamation State in which the project is located involving the 
        construction, expansion or operation of a water storage project 
        or fish and wildlife protection, provided that no law or 
        regulation of a State or political subdivision of a State 
        relieve the Secretary of any Federal requirement otherwise 
        applicable under this section.
            (7) Information.--In participating in a natural water 
        storage project under this subsection, the Secretary--
                    (A) may consider the use of feasibility or 
                equivalent studies prepared by the sponsor of the 
                natural water storage project if the sponsor elects to 
                prepare such reports; but
                    (B) shall retain responsibility for determining 
                whether the feasibility or equivalent studies satisfy 
                the requirements of studies prepared by the Secretary.
            (8) Notification.--The Secretary shall submit to the 
        relevant committees of Congress and make publicly available on 
        the internet a written notification of the Secretary's 
        determinations regarding the satisfaction of the requirements 
        under paragraphs (4) and (5) by not later than 30 days after 
        the date of the determinations.
            (9) Guidelines.--
                    (A) Draft.--Not later than 180 days after the date 
                of the enactment of this Act, the Secretary shall issue 
                draft guidelines for feasibility or equivalent studies 
                for natural water storage projects prepared by a 
                project sponsor that shall be consistent with this 
                subsection, provided that the Department of the 
                Interior shall not bear responsibility for the 
                technical adequacy of any design, cost estimate, or 
                construction relating to a natural water storage 
                project.
                    (B) Final.--The Secretary shall finalize the 
                guidelines under subparagraph (A) by not later than 1 
                year after the date of the enactment of this Act.
                    (C) Technical assistance for feasibility studies.--
                            (i) Technical assistance.--At the request 
                        of an eligible entity or qualified partner, the 
                        Secretary shall provide to the eligible entity 
                        or qualified partner technical assistance 
                        relating to any aspect of a feasibility study 
                        carried out by an eligible entity or qualified 
                        partner under this subsection if the eligible 
                        entity or qualified partner contracts with the 
                        Secretary to pay all costs of providing the 
                        technical assistance.
                            (ii) Impartial decisionmaking.--In 
                        providing technical assistance under clause 
                        (i), the Secretary shall ensure that the use of 
                        funds accepted from an eligible entity or 
                        qualified partner will not affect the impartial 
                        decisionmaking responsibilities of the 
                        Secretary, either substantively or 
                        procedurally.
                            (iii) Effect of technical assistance.--The 
                        provision of technical assistance by the 
                        Secretary under clause (i) shall not be 
                        considered to be an approval or endorsement of 
                        a feasibility study.
    (f) Standard Federally Assisted Storage Projects.--
            (1) In general.--In accordance with this subsection, the 
        Secretary shall establish a competitive grant program to 
        participate in the design, study, construction, expansion, 
        upgrade, or capital repair of a standard federally assisted 
        storage project on request of an eligible entity or qualified 
        partner. The competitive grant program established under this 
        paragraph shall--
                    (A) allow any project sponsor of a standard 
                federally assisted storage project to apply for funding 
                for the design, study, construction, expansion, 
                upgrade, or capital repair of a federally assisted 
                storage project;
                    (B) include the issuance of annual solicitations 
                for standard federally assisted storage project 
                sponsors to apply for funding for the design, study, 
                construction, expansion, upgrade or capital repair of a 
                standard federally assisted storage project; and
                    (C) permit the Secretary to fund up to 25 percent 
                of the total cost of a federally assisted storage 
                project.
            (2) Selection of projects.--In making grants under this 
        subsection, the Secretary shall give funding priority to 
        projects that--
                    (A) provide greater water supply reliability 
                benefits for States and local governments, including 
                through aquifer storage and recovery wells, in-lieu 
                recharge activities that could be effectuated or 
                expanded through additional infrastructure investments 
                including interties, and the establishment and use of 
                recharge ponds, including in an urban environment;
                    (B) provide greater fish and wildlife benefits; and
                    (C) cost not more than $30,000,000 to allow greater 
                participation and wider distribution of funds and 
                program benefits.
            (3) Conditions for federal design and study funding.--The 
        Secretary may fund a design or study activity for a standard 
        federally assisted storage project under this subsection if the 
        Governor of the State in which the federally assisted storage 
        project is located provides written concurrence for design and 
        study activities.
            (4) Conditions for federal construction funding.--Funding 
        provided under this subsection for the construction of a 
        standard federally assisted storage project may be made 
        available to a project if--
                    (A) the Governor of the State in which the 
                federally assisted storage project is located has 
                requested Federal participation at the time 
                construction was initiated; and
                    (B) the Secretary determines or the applicable non-
                Federal sponsor determines through the preparation of a 
                feasibility or equivalent study prepared in accordance 
                with paragraph (7), and the Secretary concurs, that--
                            (i) the standard federally assisted storage 
                        project is technically and financially 
                        feasible;
                            (ii) the standard federally assisted 
                        storage project provides water supply 
                        reliability benefits for a State or local 
                        government and fish and wildlife benefits; and
                            (iii) in return for the Federal cost-share 
                        investment in the project, at least a 
                        proportionate share of the project benefits are 
                        for non-reimbursable expenses authorized under 
                        the reclamation laws or for fish and wildlife 
                        benefits as defined in this section, which 
                        shall be considered a fully non-reimbursable 
                        Federal expenditure; and
                    (C) the Secretary secures an agreement committing 
                to pay the non-Federal share of the construction costs 
                of the project.
            (5) Notification.--The Secretary shall submit to the 
        relevant committees of Congress and make publicly available on 
        the internet a written notification of the Secretary's 
        determinations regarding the satisfaction of the requirements 
        under paragraphs (3) and (4) by not later than 30 days after 
        the date of the determinations.
            (6) Environmental laws.--In participating in a standard 
        federally assisted storage project under this subsection, the 
        Secretary shall comply with all applicable Federal 
        environmental laws, including the National Environmental Policy 
        Act of 1969 (42 U.S.C. 4321 et seq.), and all State 
        environmental laws of the Reclamation State in which the 
        project is located involving the construction, expansion or 
        operation of a water storage project or fish and wildlife 
        protection, provided that no law or regulation of a State or 
        political subdivision of a State relieve the Secretary of any 
        Federal requirement otherwise applicable under this section.
            (7) Information.--
                    (A) In general.--In participating in a standard 
                federally assisted storage project under this 
                subsection, the Secretary--
                            (i) may consider the use of feasibility or 
                        equivalent studies prepared by the sponsor of 
                        the standard federally assisted storage 
                        project; but
                            (ii) shall retain responsibility for 
                        determining whether the feasibility or 
                        equivalent studies satisfy the requirements of 
                        reports prepared by the Secretary.
                    (B) Guidelines.--
                            (i) Draft.--Not later than 180 days after 
                        the date of the enactment of this Act, the 
                        Secretary shall issue draft guidelines for 
                        feasibility or equivalent studies for standard 
                        federally assisted storage projects prepared by 
                        a project sponsor that shall be consistent with 
                        requirements for a title XVI Feasibility Study 
                        Report, including the economic analysis, 
                        contained in the Reclamation Manual Directives 
                        and Standards numbered WTR 11-01, subject to--
                                    (I) any additional requirements 
                                necessary to provide sufficient 
                                information for making any 
                                determinations or assessments under 
                                paragraphs (2), (3) and (4); and
                                    (II) the condition that the 
                                Department of the Interior shall not 
                                bear responsibility for the technical 
                                adequacy of any design, cost estimate, 
                                or construction relating to a standard 
                                federally assisted storage project.
                            (ii) Final.--The Secretary shall finalize 
                        the guidelines under clause (i) by not later 
                        than 1 year after the date of the enactment of 
                        this Act.
                    (C) Technical assistance for feasibility studies.--
                            (i) Technical assistance.--At the request 
                        of an eligible entity or qualified partner, the 
                        Secretary shall provide to the eligible entity 
                        or qualified partner technical assistance 
                        relating to any aspect of a feasibility study 
                        carried out by an eligible entity or qualified 
                        partner under this subsection if the eligible 
                        entity or qualified partner contracts with the 
                        Secretary to pay all costs of providing the 
                        technical assistance.
                            (ii) Impartial decisionmaking.--In 
                        providing technical assistance under clause 
                        (i), the Secretary shall ensure that the use of 
                        funds accepted from an eligible entity or 
                        qualified partner will not affect the impartial 
                        decisionmaking responsibilities of the 
                        Secretary, either substantively or 
                        procedurally.
                            (iii) Effect of technical assistance.--The 
                        provision of technical assistance by the 
                        Secretary under clause (i) shall not be 
                        considered to be an approval or endorsement of 
                        a feasibility study.
            (8) Committee resolution procedure.--
                    (A) In general.--No appropriation shall be made for 
                a standard federally assisted storage project under 
                this subsection, the total estimated cost of which 
                exceeds $100,000,000, if such project has not been 
                approved by a resolution adopted by the Committee on 
                Natural Resources of the House of Representatives and 
                the Committee on Energy and Natural Resources of the 
                Senate.
                    (B) Requirements for securing consideration.--For 
                the purposes of securing consideration of approval 
                under subparagraph (A), the Secretary shall provide to 
                a committee referred to in subparagraph (A) such 
                information as the committee requests and the non-
                Federal sponsor shall provide to the committee 
                information on the costs and relative needs for the 
                federally assisted storage project.
            (9) Eligible partner.--The Secretary is authorized to 
        participate in a restoration project described in subsection 
        (a)(7)(B) with a partner that is--
                    (A) an eligible entity as defined in subsection 
                (a)(2); or
                    (B) a qualified partner as defined in subsection 
                (a)(8).
    (g) Fish and Wildlife Losses and Benefits.--
            (1) Definitions.--In this subsection--
                    (A) The term ``Best available scientific 
                information and data'' means the use of the high-value 
                information and data, specific to the decision being 
                made and the time frame available for making that 
                decision, to inform and assist management and policy 
                decisions;
                    (B) The term ``Director'' means--
                            (i) the Director of the United States Fish 
                        and Wildlife Service; or
                            (ii) the United States Secretary of 
                        Commerce, acting through the Assistant 
                        Administrator of the National Marine Fisheries 
                        Service, if a determination or fish and 
                        wildlife estimate made under this subsection is 
                        for an anadromous species or catadromous 
                        species.
                    (C) The term ``major water storage project'' means 
                a major federally assisted storage project or Federal 
                storage project as defined under section 81212.
            (2) Purposes.--The purposes of this subsection are the 
        following:
                    (A) To reverse widespread fish and wildlife species 
                decline in the Reclamation States.
                    (B) To help fund and assist in the preparation of 
                reports required under the Fish and Wildlife 
                Coordination Act for proposed water development 
                projects.
                    (C) To instruct the Director to prepare a report 
                described in section 2(b) of the Fish and Wildlife 
                Coordination Act (16 U.S.C. 662(b)) for each major 
                water storage project that includes an estimate of fish 
                and wildlife losses and fish and wildlife benefits 
                derived from each such project, based on the best 
                available scientific information and data.
                    (D) To direct Federal funds to major water storage 
                projects that provide demonstrable, measurable fish and 
                wildlife benefits and associated ecosystem services 
                benefits for taxpayers based on objective data and the 
                expertise of the primary Federal agency with 
                jurisdiction over the management of fish and wildlife 
                resources.
                    (E) To ensure that Federal funds provided for fish 
                and wildlife purposes under this section are used 
                effectively in a manner that maximizes positive 
                outcomes for fish and wildlife and associated ecosystem 
                services benefits for taxpayers, including benefits 
                related to the domestic seafood supply and the 
                enhancement and expansion of hunting, fishing, and 
                other fish and wildlife related outdoor recreation 
                opportunities within the Reclamation States.
            (3) Estimation of fish and wildlife benefits and losses 
        under the fish and wildlife coordination act.--The Director 
        shall prepare a report described in section 2(b) of the Fish 
        and Wildlife Coordination Act (16 U.S.C. 662(b)), for each 
        major water storage project that--
                    (A) is based on the best available scientific 
                information and data available; and
                    (B) includes an estimate of fish and wildlife 
                losses and fish and wildlife benefits derived from a 
                major water storage project determined in accordance 
                with this subsection.
            (4) Draft estimate.--
                    (A) Use of best available scientific information 
                and data available.--The Director shall include in the 
                Fish and Wildlife Coordination Act report prepared 
                under paragraph (3) a draft estimate of fish and 
                wildlife losses and fish and wildlife benefits derived 
                from a major water storage project.
                    (B) Coordination.--A draft estimate required under 
                subparagraph (A) shall be prepared in coordination with 
                the head of the State agency with jurisdiction over the 
                fish and wildlife resources of the State in which the 
                major water storage project is proposed to be carried 
                out.
                    (C) Applicable law; requirements.--The draft 
                estimate prepared under this paragraph shall--
                            (i) meet all the evaluation requirements of 
                        section 2(b) of the Fish and Wildlife 
                        Coordination Act (16 U.S.C. 662(b)) unless 
                        otherwise specified in this subsection;
                            (ii) quantify and estimate the fish and 
                        wildlife benefits and any losses to native fish 
                        and wildlife from the proposed major water 
                        storage project; and
                            (iii) estimate whether the fish and 
                        wildlife benefits derived from the proposed 
                        major water storage project are likely to 
                        exceed the adverse fish and wildlife impacts.
                    (D) Review; availability.--The Director shall 
                ensure that any draft estimate prepared under this 
                paragraph is--
                            (i) made available for peer review by an 
                        independent group of scientific experts; and
                            (ii) made available for a public review and 
                        comment period of not less than 30 days.
            (5) Final estimate.--Using the best available scientific 
        information and data, the Director shall prepare a final 
        estimate of fish and wildlife benefits for each proposed major 
        water storage project based on the applicable draft estimate 
        prepared under paragraph (4), after considering the results of 
        the independent scientific peer review and public comment 
        processes under paragraph (4)(D).
            (6) Transmission; availability.--A final estimate prepared 
        under paragraph (5) shall be--
                    (A) transmitted to--
                            (i) the project applicant; and
                            (ii) the relevant State agency; and
                    (B) made available to the public.
            (7) Recommendations.--If a final estimate under paragraph 
        (5) determines that the proposed major water storage project 
        fails to provide fish and wildlife benefits, the final estimate 
        may identify potential recommendations to enable the project to 
        provide fish and wildlife benefits or to reduce the project's 
        adverse fish and wildlife impacts.
            (8) Importation of review standards.--Sections 207(i) and 
        207(j) of the Reclamation Projects Authorization and Adjustment 
        Act of 1992 (Public Law 102-575; 106 Stat. 4709) shall apply to 
        a final estimate prepared under paragraph (5), except that--
                    (A) any reference contained in those sections to 
                the Secretary shall be considered to be a reference to 
                the Director as defined in this subsection;
                    (B) any reference contained in those sections to 
                determination or determinations shall be considered to 
                be a reference to estimate or estimates described in 
                this subsection;
                    (C) any reference contained in those sections to 
                subsection (b), (f)(1), or (g) shall be considered to 
                be a reference to paragraph (5) of this subsection; and
                    (D) any reference contained in those sections to 
                ``this subsection'' shall be considered to be a 
                reference to section 81213(g) of the Moving Forward 
                Act.
            (9) Funding for estimates.--There is authorized to be 
        appropriated $10,000,000 through fiscal year 2026 for the 
        United States Fish and Wildlife Service to prepare draft 
        estimates under paragraph (4) and final estimates under 
        paragraph (5).
            (10) Additional funding for estimates.--The authority under 
        section 662(e) of the Fish and Wildlife Coordination Act (16 
        U.S.C. 662(b)) to transfer funds from the Bureau of Reclamation 
        to the United States Fish and Wildlife Service for Fish and 
        Wildlife Coordination Act reports for proposed water 
        development projects shall be deemed to extend to the 
        preparation of a draft or final estimate prepared under 
        paragraph (4) or (5), provided that any transfer of funds 
        generally adheres to the 1981 Transfer Funding Agreement 
        between the United States Fish and Wildlife Service and the 
        Bureau of Reclamation or any successor agreement, to the extent 
        that any such agreement is consistent with the requirements of 
        this subsection.
            (11) Agency responsibilities.--The responsibility for 
        preparing a draft and final estimate under this subsection 
        shall reside with the United States Fish and Wildlife Service 
        and may not be delegated to another entity, including another 
        Federal agency or bureau, except for the United States 
        Secretary of Commerce, acting through the Assistant 
        Administrator of the National Marine Fisheries Service, for the 
        preparation of a draft or final estimate for anadromous species 
        or catadromous species.
            (12) Use of fish and wildlife estimates to inform federal 
        spending for fish and wildlife purposes.--With respect to a 
        major water storage project considered for Federal funding 
        under this section, the Director shall determine costs 
        allocated to the specific purpose of providing fish and 
        wildlife benefits, based on the fish and wildlife benefits 
        estimate for the applicable project or the best available 
        scientific information and data available at the time a cost 
        allocation determination is made. In determining a cost 
        allocation under this paragraph, the Director shall consult 
        with the Commissioner of the Bureau of Reclamation and may make 
        a cost allocation determination for fish and wildlife benefits 
        in accordance with existing cost allocation procedures, to the 
        extent that such procedures are consistent with the 
        requirements of this subsection. Cost allocation determinations 
        for all other non-reimbursable or reimbursable project purposes 
        for a major water storage project advanced under this section 
        shall be determined in accordance with existing cost allocation 
        procedures under the reclamation laws.
    (h) Preliminary Studies.--Of the amounts made available under 
subsection (b), not more than 25 percent shall be provided for 
appraisal studies, feasibility studies, or other preliminary studies.
    (i) Providing Greater Federal Funding and Support for Multi-Benefit 
Storage Projects.--Notwithstanding any non-Federal cost share 
requirement under the reclamation laws for water development projects, 
any cost allocated to a water storage project under this section for 
the sole purpose of providing fish and wildlife benefits, determined in 
accordance with all applicable requirements under this section, shall 
be considered a 100 percent non-reimbursable Federal cost.
    (j) Calfed Reauthorization.--
            (1) Reauthorization.--Title I of Public Law 108-361 (118 
        Stat. 1681; 123 Stat. 2860; 128 Stat. 164; 128 Stat. 2312; 129 
        Stat. 2407; 130 Stat. 1866) is amended by striking ``2020'' 
        each place it appears and inserting ``2024''.
            (2) Calfed description of activities.--Subparagraph 
        103(f)(1)(A) of Public Law 108-361 (118 Stat. 1694) is amended 
        by striking ``, except that'' and all that follows through the 
        end of the subparagraph.
    (k) Effect.--Nothing in this section is intended to authorize 
Federal funds made available under subsection (b) for a project led by 
a non-profit organization, as described in subsection (a)(7), except 
for a project that is a natural water storage project or forest 
restoration, watershed restoration or other restoration project that 
reduces the risk of water storage loss described in subsection (a).

SEC. 81214. EXTENSION OF EXISTING REQUIREMENTS FOR GRANDFATHERED 
              STORAGE PROJECTS.

    (a) Purpose; Definition.--
            (1) Purpose.--The purpose of this section is to establish 
        an expedited project advancement process for certain water 
        storage projects that have already received some degree of 
        evaluation under the Water Infrastructure Improvements for the 
        Nation Act (Public Law 114-322) or under certain State water 
        storage project evaluations.
            (2) Definition of grandfathered storage project.--In this 
        section, the term ``grandfathered storage project'' means a 
        storage project that has already been recommended for funding 
        made available under section 4007 of the Water Infrastructure 
        Improvements for the Nation Act (Public Law 114-322) by the 
        Secretary or a State governor prior to June 1, 2020, except for 
        any project within the State of California that--
                    (A) has been evaluated for State storage funding 
                awards by the California Water Commission pursuant to 
                the California Water Quality, Supply, and 
                Infrastructure Improvement Act, approved by California 
                voters on November 4, 2014, and failed to receive a 
                maximum conditional eligibility determination of at 
                least $200 million; or
                    (B) is an on-stream storage project that has not 
                been evaluated for State storage funding awards by the 
                California Water Commission pursuant to the California 
                Water Quality, Supply, and Infrastructure Improvement 
                Act, approved by California voters on November 4, 2014.
    (b) In General.--Notwithstanding any other requirements of this 
subtitle, grandfathered storage projects shall be eligible to receive 
funding authorized under section 81213(b) of this subtitle in 
accordance with this subsection.
    (c) Requirements.--
            (1) Importation of wiin act requirements.--The following 
        requirements shall apply to grandfathered storage projects: 
        sections 4007(c)(1) through 4007(c)(4), section 4007(f), and 
        section 4007(h)(2) of the Water Infrastructure Improvements for 
        the Nation Act (Public Law 114-322), except that any reference 
        contained in those sections to State-led storage projects shall 
        be considered to be a reference to grandfathered storage 
        projects.
            (2) Prioritization.--The Secretary shall give funding 
        priority among grandfathered storage projects to those that 
        provide greater and more reliable water supply benefits to 
        wildlife refuges, species listed under the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.), or to commercially 
        harvested salmon species.
    (d) Applicability of WIIN Act Deadlines.--Storage project deadlines 
described in section 4007(i) and section 4013(2) of the Water 
Infrastructure Improvements for the Nation Act (Public Law 114-322) 
shall not apply to any grandfathered storage project under this 
section.

SEC. 81215. DESALINATION PROJECT DEVELOPMENT.

    (a) Desalination Projects Authorization.--Section 4(a) of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
amended by striking the second paragraph (1) (relating to projects) and 
inserting the following:
            ``(2) Projects.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Eligible desalination project.--The 
                        term `eligible desalination project' means any 
                        project located in a Reclamation State that--
                                    ``(I) involves an ocean or brackish 
                                water desalination facility--
                                            ``(aa) constructed, 
                                        operated, and maintained by a 
                                        State, Indian Tribe, 
                                        municipality, irrigation 
                                        district, water district, or 
                                        other organization with water 
                                        or power delivery authority; or
                                            ``(bb) sponsored or funded 
                                        by a State, department of a 
                                        State, political subdivision of 
                                        a State, municipality or public 
                                        agency organized pursuant to 
                                        State law, including through--

                                                    ``(AA) direct 
                                                sponsorship or funding; 
                                                or

                                                    ``(BB) indirect 
                                                sponsorship or funding, 
                                                such as by paying for 
                                                the water provided by 
                                                the facility; and

                                    ``(II) provides a Federal benefit 
                                in accordance with the reclamation 
                                laws.
                            ``(ii) Rural desalination project.--The 
                        term `rural desalination project' means an 
                        eligible desalination project that is designed 
                        to serve a community or group of communities, 
                        each of which has a population of not more than 
                        40,000 inhabitants.
                            ``(iii) Designated desalination project.--
                        The term `designated desalination project' 
                        means an eligible desalination project that--
                                    ``(I) is an ocean desalination 
                                project that uses a subsurface intake;
                                    ``(II) has a total estimated cost 
                                of $80,000,000 or less; and
                                    ``(III) is designed to serve a 
                                community or group of communities that 
                                collectively import more than 75 
                                percent of their water supplies.
                    ``(B) Cost-sharing requirement.--
                            ``(i) In general.--Subject to the 
                        requirements of this subsection and 
                        notwithstanding section 7, the Federal share of 
                        an eligible desalination project carried out 
                        under this subsection shall be--
                                    ``(I) not more than 25 percent of 
                                the total cost of the eligible 
                                desalination project; or
                                    ``(II) in the case of a rural 
                                desalination project or a designated 
                                desalination project, the applicable 
                                percentage determined in accordance 
                                with clause (ii).
                            ``(ii) Rural desalination projects and 
                        designated desalination projects.--
                                    ``(I) Cost-sharing requirement for 
                                appraisal studies.--In the case of a 
                                rural desalination project carried out 
                                under this subsection, the Federal 
                                share of the cost of appraisal studies 
                                for the rural desalination project 
                                shall be--
                                            ``(aa) 100 percent of the 
                                        total costs of the appraisal 
                                        studies, up to $200,000; and
                                            ``(bb) if the total costs 
                                        of the appraisal studies are 
                                        more than $200,000, 50 percent 
                                        of any amounts over $200,000.
                                    ``(II) Cost-sharing requirement for 
                                feasibility studies.--In the case of a 
                                rural desalination project carried out 
                                under this subsection, the Federal 
                                share of the cost of feasibility 
                                studies for the rural desalination 
                                project shall be not more than 50 
                                percent.
                                    ``(III) Cost-sharing requirement 
                                for construction costs.--In the case of 
                                a rural desalination project or a 
                                designated desalination project carried 
                                out under this subsection, the Federal 
                                share of the cost of construction of 
                                the rural desalination project shall 
                                not exceed the greater of--
                                            ``(aa) 35 percent of the 
                                        total cost of construction, up 
                                        to a Federal cost of 
                                        $20,000,000; or
                                            ``(bb) 25 percent of the 
                                        total cost of construction.
                    ``(C) State role.--Participation by the Secretary 
                in an eligible desalination project under this 
                paragraph shall not occur unless--
                            ``(i)(I) the eligible desalination project 
                        is included in a State-approved plan; or
                                    ``(II) the participation has been 
                                requested by the Governor of the State 
                                in which the eligible desalination 
                                project is located; and
                            ``(ii) the State or local sponsor of the 
                        eligible desalination project determines, and 
                        the Secretary concurs, that--
                                    ``(I) the eligible desalination 
                                project--
                                            ``(aa) is technically and 
                                        financially feasible;
                                            ``(bb) provides a Federal 
                                        benefit in accordance with the 
                                        reclamation laws; and
                                            ``(cc) is consistent with 
                                        applicable State laws, State 
                                        regulations, State coastal zone 
                                        management plans and other 
                                        State plans such as 
                                        California's Water Quality 
                                        Control Plan for the Ocean 
                                        Waters in California;
                                    ``(II) sufficient non-Federal 
                                funding is available to complete the 
                                eligible desalination project; and
                                    ``(III) the eligible desalination 
                                project sponsors are financially 
                                solvent; and
                            ``(iii) the Secretary submits to Congress a 
                        written notification of the determinations 
                        under clause (ii) by not later than 30 days 
                        after the date of the determinations.
                    ``(D) Environmental laws.--In participating in an 
                eligible desalination project under this paragraph, the 
                Secretary shall comply with all applicable 
                environmental laws, including, but not limited to, the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4321 et seq.) and State laws implementing the Coastal 
                Zone Management Act.
                    ``(E) Information.--In participating in an eligible 
                desalination project under this subsection, the 
                Secretary--
                            ``(i) may consider the use of reports 
                        prepared by the sponsor of the eligible 
                        desalination project, including feasibility or 
                        equivalent studies, environmental analyses, and 
                        other pertinent reports and analyses; but
                            ``(ii) shall retain responsibility for 
                        making the independent determinations described 
                        in subparagraph (C).
                    ``(F) Funding.--
                            ``(i) Authorization of appropriations.--
                        There is authorized to be appropriated to carry 
                        out this paragraph $260,000,000 for the period 
                        of fiscal years 2021 through 2025, to remain 
                        available until expended, of which not less 
                        than $15,000,000 shall be made available during 
                        that period for rural desalination projects.
                            ``(ii) Congressional approval initially 
                        required.--
                                    ``(I) In general.--Each initial 
                                award under this paragraph for design 
                                and study or for construction of an 
                                eligible desalination project shall be 
                                approved by an Act of Congress.
                                    ``(II) Reclamation 
                                recommendations.--The Commissioner of 
                                Reclamation shall submit 
                                recommendations regarding the initial 
                                award of preconstruction and 
                                construction funding for consideration 
                                under subclause (I) to--
                                            ``(aa) the Committee on 
                                        Appropriations of the Senate;
                                            ``(bb) the Committee on 
                                        Energy and Natural Resources of 
                                        the Senate;
                                            ``(cc) the Committee on 
                                        Appropriations of the House of 
                                        Representatives; and
                                            ``(dd) the Committee on 
                                        Natural Resources of the House 
                                        of Representatives.
                            ``(iii) Subsequent funding awards.--After 
                        approval by Congress of an initial award of 
                        preconstruction or construction funding for an 
                        eligible desalination project under clause 
                        (ii), the Commissioner of Reclamation may award 
                        additional preconstruction or construction 
                        funding, respectively, for the eligible 
                        desalination project without further 
                        congressional approval.
                    ``(G) Total dollar cap.--The Secretary shall not 
                impose a total dollar cap on Federal contributions for 
                individual desalination projects receiving funding 
                under this paragraph.''.
    (b) Prioritization for Projects.--Section 4 of the Water 
Desalination Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298) is 
amended by striking subsection (c) and inserting the following:
    ``(c) Prioritization.--In carrying out demonstration and 
development activities under this section, the Secretary and the 
Commissioner of Reclamation shall each prioritize projects--
            ``(1) for the benefit of drought-stricken States and 
        communities;
            ``(2) for the benefit of States that have authorized 
        funding for research and development of desalination 
        technologies and projects;
            ``(3) that demonstrably reduce a reliance on imported water 
        supplies that have an impact on species listed under the 
        Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
            ``(4) that, in a measurable and verifiable manner, reduce a 
        reliance on imported water supplies from imperiled ecosystems 
        such as the Sacramento-San Joaquin River Delta;
            ``(5) that demonstrably leverage the experience of 
        international partners with considerable expertise in 
        desalination, such as the state of Israel;
            ``(6) that maximize use of renewable energy to power 
        desalination facilities;
            ``(7) that maximize energy efficiency so that the lifecycle 
        energy demands of desalination are minimized;
            ``(8) located in regions that have employed strategies to 
        increase water conservation and the capture and recycling of 
        wastewater and stormwater; and
            ``(9) that meet the following criteria if they are ocean 
        desalination facilities--
                    ``(A) utilize a subsurface intake or, if a 
                subsurface intake is not technologically feasible, an 
                intake that uses the best available site, design, 
                technology, and mitigation measures to minimize the 
                mortality of all forms of marine life and impacts to 
                coastal dependent resources;
                    ``(B) are sited and designed to ensure that the 
                disposal of wastewaters including brine from the 
                desalination process--
                            ``(i) are not discharged in a manner that 
                        increases salinity levels in impaired bodies of 
                        water, or State or Federal Marine Protected 
                        Areas; and
                            ``(ii) achieve ambient salinity levels 
                        within a reasonable distance from the discharge 
                        point;
                    ``(C) are sited, designed, and operated in a manner 
                that maintains indigenous marine life and a healthy and 
                diverse marine community;
                    ``(D) do not cause significant unmitigated harm to 
                aquatic life; and
                    ``(E) include a construction and operation plan 
                designed to minimize loss of coastal habitat as well as 
                aesthetic, noise, and air quality impacts.''.
    (c) Recommendations to Congress.--In determining project 
recommendations to Congress under section 4(a)(2)(F)(ii)(II) of the 
Water Desalination Act of 1996, the Commissioner of Reclamation shall 
establish a priority scoring system that assigns priority scores to 
each project evaluated based on the prioritization criteria of section 
4(c) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note; 
Public Law 104-298).

SEC. 81216. ASSISTANCE FOR DISADVANTAGED COMMUNITIES WITHOUT ADEQUATE 
              DRINKING WATER.

    (a) In General.--The Secretary shall provide grants within the 
Reclamation States to assist eligible applicants in planning, 
designing, or carrying out projects to help disadvantaged communities 
address a significant decline in the quantity or quality of drinking 
water.
    (b) Eligible Applicants.--To be eligible to receive a grant under 
this section, an applicant shall submit an application to the Secretary 
that includes a proposal of the project or activity in subsection (c) 
to be planned, designed, constructed, or implemented, the service area 
of which--
            (1) shall not be located in any city or town with a 
        population of more than 60,000 residents; and
            (2) has a median household income of less than 100 percent 
        of the nonmetropolitan median household income of the State.
    (c) Eligible Projects.--Projects eligible for grants under this 
program may be used for--
            (1) emergency water supplies;
            (2) distributed treatment facilities;
            (3) construction of new wells and connections to existing 
        water source systems;
            (4) water distribution facilities;
            (5) connection fees to existing systems;
            (6) assistance to households to connect to water 
        facilities;
            (7) local resource sharing, including voluntary agreements 
        between water systems to jointly contract for services or 
        equipment, or to study or implement the physical consolidation 
        of two or more water systems;
            (8) technical assistance, planning, and design for any of 
        the activities described in paragraphs (1) through (7); or
            (9) any combination of activities described in paragraphs 
        (1) through (8).
    (d) Prioritization.--In determining priorities for funding 
projects, the Secretary shall take into consideration--
            (1) where the decline in the quantity or quality of water 
        poses the greatest threat to public health and safety;
            (2) the degree to which the project provides a long-term 
        solution to the water needs of the community; and
            (3) whether the applicant has the ability to qualify for 
        alternative funding sources.
    (e) Maximum Amount.--The amount of a grant provided under this 
section may be up to 100 percent of costs, including--
            (1) initial operation costs incurred for startup and 
        testing of project facilities;
            (2) costs of components to ensure such facilities and 
        components are properly operational; and
            (3) costs of operation or maintenance incurred subsequent 
        to placing the facilities or components into service.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,000, to remain 
available until expended.
    (g) Coordination Required.--In carrying out this section, the 
Secretary shall consult with the Secretary of Agriculture and the 
Administrator of the Environmental Protection Agency to identify 
opportunities to improve the efficiency, effectiveness, and impact of 
activities carried out under this section to help disadvantaged 
communities address a significant decline in the quantity or quality of 
drinking water.
    (h) Report on Affordability, Discrimination, and Civil Rights 
Violations, and Data Collection.--
            (1) Study.--
                    (A) In general.--The Comptroller General of the 
                United States shall conduct a study on water and sewer 
                services, in accordance with this subsection.
                    (B) Affordability.--In conducting the study under 
                paragraph (1), the Comptroller shall study water 
                affordability nationwide, including--
                            (i) rates for water and sewer services, 
                        increases in such rates during the ten-year 
                        period preceding such study, and water service 
                        disconnections due to unpaid water service 
                        charges; and
                            (ii) the effectiveness of funding under 
                        section 1452 of the Safe Drinking Water Act and 
                        under section 601 of the Federal Water 
                        Pollution Control Act for promoting affordable, 
                        equitable, transparent, and reliable water and 
                        sewer service.
                    (C) Discrimination and civil rights.--In conducting 
                the study under paragraph (1), the Comptroller, in 
                collaboration with the Civil Rights Division of the 
                Department of Justice, shall study--
                            (i) discriminatory practices of water and 
                        sewer service providers; and
                            (ii) violations by such service providers 
                        that receive Federal assistance of civil rights 
                        under title VI of the Civil Rights Act of 1964 
                        with regard to equal access to water and sewer 
                        services.
                    (D) Data collection.--In conducting the study under 
                paragraph (1), the Comptroller shall collect 
                information, assess the availability of information, 
                and evaluate the methodologies used to collect 
                information, related to--
                            (i) people living without water or sewer 
                        services;
                            (ii) water service disconnections due to 
                        unpaid water service charges, including 
                        disconnections experienced by households 
                        containing children, elderly persons, disabled 
                        persons, chronically ill persons, or other 
                        vulnerable populations; and
                            (iii) disparate effects, on the basis of 
                        race, gender, or socioeconomic status, of water 
                        service disconnections and the lack of public 
                        water service.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Comptroller shall submit to Congress 
        a report that contains--
                    (A) the results of the study conducted under 
                subsection (a)(1); and
                    (B) recommendations for utility companies, Federal 
                agencies, and States relating to such results.

                CHAPTER 2--IMPROVED TECHNOLOGY AND DATA

SEC. 81221. REAUTHORIZATION OF WATER AVAILABILITY AND USE ASSESSMENT 
              PROGRAM.

    Section 9508 of Public Law 111-11 (42 U.S.C. 10368) is amended--
            (1) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (2)(A)(ii)(VII);
                    (B) in paragraph (2)(A)(iii), by adding ``and'' at 
                the end;
                    (C) by adding at the end of paragraph (2)(A) the 
                following:
                            ``(iv) water supplies made available 
                        through water reuse and seawater and brackish 
                        desalination;''; and
                    (D) by adding at the end the following:
            ``(3) Data integration.--In carrying out the assessment 
        program, the Secretary shall, to the greatest extent 
        practicable--
                    ``(A) integrate available data from new 
                technologies where appropriate including data made 
                available from drones and emerging remote sensing 
                technologies; and
                    ``(B) coordinate with relevant Federal agencies and 
                bureaus to develop common data requirements for--
                            ``(i) Federal water data programs and 
                        efforts; and
                            ``(ii) geospatial data programs that can 
                        inform assessments of water availability and 
                        use under the assessment program.'';
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``State water 
                resource'' each place it appears and inserting ``State 
                or Tribal water resource'';
                    (B) in the heading of paragraph (2), by striking 
                ``criteria'' and inserting ``state criteria'';
                    (C) by inserting after paragraph (2) the following 
                (and redesignating the succeeding paragraph 
                accordingly):
            ``(3) Tribal criteria.--To be eligible to receive a grant 
        under paragraph (1), a Tribal water resource agency shall 
        demonstrate to the Secretary that the water use and 
        availability dataset proposed to be established or integrated 
        by the Tribal water resource agency--
                    ``(A) is in compliance with each quality and 
                conformity standard established by the Secretary to 
                ensure that the data will be capable of integration 
                with any national dataset; and
                    ``(B) will enhance the ability of the officials of 
                the Tribe or the Tribal water resource agency to carry 
                out water management responsibilities.
            ``(4) Tribal water resource agency definition.--For the 
        purposes of this subsection, the term `Tribal water resource 
        agency' means any agency of an Indian Tribe responsible for 
        water resource planning and management.''; and
                    (D) in paragraph (5) (as so redesignated)--
                            (i) by inserting ``or Tribal water resource 
                        agency'' after ``State water resource agency''; 
                        and
                            (ii) by inserting ``within any 5-year 
                        period'' after ``$250,000''; and
            (3) in subsection (e)(2), by striking ``2009 through 2013'' 
        and inserting ``2021 through 2026''.

SEC. 81222. RENEWAL OF ADVISORY COMMITTEE ON WATER INFORMATION.

    (a) Advisory Committee Renewed.--Not later than 30 days after the 
date of the enactment of this paragraph, the Secretary shall renew the 
Advisory Committee on Water Information established by the Office of 
Management and Budget Memorandum No. M-92-01, the charter for which was 
renewed by the Secretary on June 29, 2018.
    (b) Termination.--The Advisory Committee renewed under this section 
shall not terminate except as provided by an Act of Congress.

SEC. 81223. DESALINATION TECHNOLOGY DEVELOPMENT.

    The Water Desalination Act of 1996 (Public Law 104-298; 42 U.S.C. 
10301 note) is amended--
            (1) in section 4(a)(1), by inserting ``, including modules 
        specifically designed for brine management'' after ``and 
        concepts''; and
            (2) in section 8(b)--
                    (A) by striking ``3,000,000'' and inserting 
                ``20,000,000''; and
                    (B) by striking ``2017 through 2021'' and inserting 
                ``2021 through 2026, in addition to the authorization 
                of appropriations for projects in section 4(a)(2)(F)''.

SEC. 81224. X-PRIZE FOR WATER TECHNOLOGY BREAKTHROUGHS.

    (a) Water Technology Award Program Established.--The Secretary, 
working through the Bureau of Reclamation, shall establish a program to 
award prizes to eligible persons described in subsection (b) for 
achievement in one or more of the following applications of water 
technology:
            (1) Demonstration of wastewater and industrial process 
        water purification for reuse or desalination of brackish water 
        or seawater with significantly less energy than current 
        municipally and commercially adopted technologies.
            (2) Demonstration of portable or modular desalination units 
        that can process 1 to 5,000,000 gallons per day that could be 
        deployed for temporary emergency uses in coastal communities or 
        communities with brackish groundwater supplies.
            (3) Demonstration of significant advantages over current 
        municipally and commercially adopted reverse osmosis 
        technologies as determined by the board established under 
        subsection (c).
            (4) Demonstration of significant improvements in the 
        recovery of residual or waste energy from the desalination 
        process.
            (5) Reducing open water evaporation.
    (b) Eligible Person.--An eligible person described in this 
subsection is--
            (1) an individual who is--
                    (A) a citizen or legal resident of the United 
                States; or
                    (B) a member of a group that includes citizens or 
                legal residents of the United States;
            (2) an entity that is incorporated and maintains its 
        primary place of business in the United States; or
            (3) a public water agency.
    (c) Establishment of Board.--
            (1) In general.--The Secretary shall establish a board to 
        administer the program established under subsection (a).
            (2) Membership.--The board shall be composed of not less 
        than 15 and not more than 21 members appointed by the 
        Secretary, of whom not less than 2 shall--
                    (A) be a representative of the interests of public 
                water districts or other public organizations with 
                water delivery authority;
                    (B) be a representative of the interests of 
                academic organizations with expertise in the field of 
                water technology, including desalination or water 
                reuse;
                    (C) be representative of a non-profit conservation 
                organization;
                    (D) have expertise in administering award 
                competitions; and
                    (E) be a representative of the Bureau of 
                Reclamation of the Department of the Interior with 
                expertise in the deployment of desalination or water 
                reuse.
    (d) Awards.--Subject to the availability of appropriations, the 
board established under subsection (c) may make awards under the 
program established under subsection (a) as follows:
            (1) Financial prize.--The board may hold a financial award 
        competition and award a financial award in an amount determined 
        before the commencement of the competition to the first 
        competitor to meet such criteria as the board shall establish.
            (2) Recognition prize.--
                    (A) In general.--The board may recognize an 
                eligible person for superlative achievement in 1 or 
                more applications described in subsection (a).
                    (B) No financial remuneration.--An award under this 
                paragraph shall not include any financial remuneration.
    (e) Administration.--
            (1) Contracting.--The board established under subsection 
        (c) may contract with a private organization to administer a 
        financial award competition described in subsection (d)(1).
            (2) Solicitation of funds.--A member of the board or any 
        administering organization with which the board has a contract 
        under paragraph (1) may solicit gifts from private and public 
        entities to be used for a financial award under subsection 
        (d)(1).
            (3) Limitation on participation of donors.--The board may 
        allow a donor who is a private person described in paragraph 
        (2) to participate in the determination of criteria for an 
        award under subsection (d), but such donor may not solely 
        determine the criteria for such award.
            (4) No advantage for donation.--A donor who is a private 
        person described in paragraph (3) shall not be entitled to any 
        special consideration or advantage with respect to 
        participation in a financial award competition under subsection 
        (d)(1).
    (f) Intellectual Property.--The Federal Government may not acquire 
an intellectual property right in any product or idea by virtue of the 
submission of such product or idea in any competition under subsection 
(d)(1).
    (g) Liability.--The board established under subsection (c) may 
require a competitor in a financial award competition under subsection 
(d)(1) to waive liability against the Federal Government for injuries 
and damages that result from participation in such competition.
    (h) Annual Report.--Each year, the board established under 
subsection (c) shall submit to the relevant committees of Congress a 
report on the program established under subsection (a).
    (i) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        sums for the program established under subsection (a) as 
        follows:
                    (A) For administration of prize competitions under 
                subsection (d), $750,000 for each fiscal year through 
                fiscal year 2026.
                    (B) For the awarding of a financial prize award 
                under subsection (d)(1), in addition to any amounts 
                received under subsection (e)(2), $5,000,000 for each 
                fiscal year through fiscal year 2026.
            (2) Availability.--Amounts appropriated under paragraph (1) 
        shall remain available until expended.
    (j) Water Technology Investment Program Established.--The 
Secretary, acting through the Bureau of Reclamation, shall establish a 
program, pursuant to the Reclamation Wastewater and Groundwater Study 
and Facilities Act (Public Law 102-575, title XVI), the Water 
Desalination Act of 1996 (Public Law 104-298), and other applicable 
laws, to promote the expanded use of technology for improving 
availability and resiliency of water supplies and power deliveries, 
which shall include--
            (1) investments to enable expanded and accelerated 
        deployment of desalination technology; and
            (2) investments to enable expanded and accelerated use of 
        recycled water.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated $5,000,000 for each fiscal year through fiscal year 2026 
for the Secretary to carry out the purposes and provisions of 
subsection (j).

SEC. 81225. STUDY EXAMINING SEDIMENT TRANSPORT.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Secretary shall make appropriate 
arrangements with the National Academies of Sciences, Engineering, and 
Medicine (referred to in this section as the ``National Academies'') 
under which the National Academies shall conduct a study that--
            (1) examines existing science and management guidance 
        related to methods for managing sediment transport from dam 
        removal;
            (2) includes case studies where diverse interests, 
        including hydroelectric, agricultural, conservation, and 
        industry stakeholders work jointly with Tribal, State, and 
        Federal government agencies to implement collaborative projects 
        requiring sediment transport; and
            (3) identifies future research opportunities, requirements, 
        and recommendations related to the science and management 
        guidance examined under paragraph (1), including research 
        opportunities, requirements, and recommendations related to 
        modeling and quantifying sediment flows.
    (b) Report.--In entering into an arrangement under subsection (a), 
the Secretary shall request that the National Academies transmit to the 
Secretary and to Congress a report not later than 36 months after the 
date of the enactment of this Act that--
            (1) includes the results of the study and relevant 
        interpretations of the results;
            (2) provides recommendations for applying science in 
        management and mitigation decisions relating to dam removal; 
        and
            (3) provides recommendations for improving future research 
        on the beneficial and adverse environmental impacts of sediment 
        transport from dam removal and appropriate actions to mitigate 
        such impacts.

SEC. 81226. DETERMINATION OF WATER SUPPLY ALLOCATIONS.

    (a) Snowpack Measurement Data.--When determining water supply 
allocations, the Secretary, acting through the Commissioner of the 
Bureau of Reclamation, shall incorporate to the greatest extent 
practicable information from emerging technologies for snowpack 
measurement such as--
            (1) synthetic aperture radar;
            (2) laser altimetry; or
            (3) any other emerging technologies that can provide more 
        accurate or timely snowpack measurement data as determined by 
        the Secretary.
    (b) Coordination.--In carrying out subsection (a), the Secretary 
may coordinate data use and collection efforts with other Federal 
agencies and bureaus that currently use or may benefit from the use of 
emerging technologies for snowpack measurement.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $5,000,000 to carry out this section.
    (d) Report.--Not later than October 1, 2022, the Secretary shall 
submit to Congress a report summarizing the use of emerging 
technologies pursuant to this section and describe any benefits derived 
from the use of such technologies related to the environment and 
increased water supply reliability.

SEC. 81227. FEDERAL PRIORITY STREAMGAGES.

    (a) Federal Priority Streamgages.--The Secretary shall make every 
reasonable effort to make operational all streamgages identified as 
Federal Priority Streamgages by the United States Geological Survey not 
later than 10 years after the date of the enactment of this Act.
    (b) Collaboration With States.--The Secretary shall, to the maximum 
extent practicable, seek to leverage Federal investments in Federal 
Priority Streamgages through collaborative partnerships with States and 
local agencies that invest non-Federal funds to maintain and enhance 
gage networks to improve both environmental quality and water supply 
reliability.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated $45,000,000 to carry out this section for each fiscal year 
through fiscal year 2026.

SEC. 81228. STUDY EXAMINING CLIMATE VULNERABILITIES AT FEDERAL DAMS.

    (a) In General.--Not later than 2 years after the date of the 
enactment of this Act, the Secretary shall make appropriate 
arrangements with the National Academies of Sciences, Engineering, and 
Medicine (referred to in this section as the ``National Academies'') 
under which the National Academies shall conduct an independent study 
to--
            (1) examine the projected impact of climate change on the 
        safety of Bureau of Reclamation dams; and
            (2) evaluate and list the Bureau of Reclamation dams that 
        are most vulnerable to climate change related safety risks 
        based on an assessment of climate change related impacts on--
                    (A) the frequency of heavy precipitation events; 
                and
                    (B) other factors that influence the magnitude and 
                severity of flooding events including snow cover and 
                snowmelt, vegetation, and soil moisture.
    (b) Report.--In entering into an arrangement under subsection (a), 
the Secretary shall request that the National Academies--
            (1) transmit to the Secretary and to the relevant 
        committees of Congress a report not later than 24 months after 
        the date of the enactment of this Act that includes the results 
        of the study; and
            (2) consider any previous studies or evaluations conducted 
        or completed by the Bureau of Reclamation or local water 
        agencies on climate change impacts to dams, facilities, and 
        watersheds as a reference and source of information during the 
        development of the independent study.

SEC. 81229. INNOVATIVE TECHNOLOGY ADOPTION.

    The Secretary is directed to include as a priority for grants 
authorized under section 9504 of the Omnibus Public Land Management Act 
of 2009 (42 U.S.C. 10364), the Water Conservation Field Services 
Program, and other water conservation grant programs, as appropriate, 
that help foster the adoption of technologies that can--
            (1) identify losses from water conveyance facilities in a 
        non-destructive manner that--
                    (A) does not disrupt the conveyance of water 
                supplies; and
                    (B) provides comprehensive data on pipeline 
                integrity, including leak and gas pocket detection, for 
                all pipeline materials;
            (2) provide real-time monitoring of weather patterns and 
        reservoir operations to improve flexibility, protect natural 
        resources, increase resiliency, maintain temperature control, 
        and ensure water supply reliability;
            (3) provide real-time data acquisition and analysis to 
        improve predictive aquifer management, including the 
        improvement of recharge, storage, and stormwater management 
        capabilities;
            (4) implement the use of real time sensors and forecast 
        data to improve the management of other water infrastructure 
        assets, including the identification and prevention of 
        impairments from inadequately treated agricultural or municipal 
        wastewaters or stormwater; or
            (5) improve water use efficiency and conservation, 
        including through behavioral water efficiency, supervisory 
        control and data acquisition systems, or other system 
        modernizations.

            CHAPTER 3--ECOSYSTEM PROTECTION AND RESTORATION

SEC. 81231. WATERBIRD HABITAT CREATION PROGRAM.

    (a) Authorization of Habitat Creation Program.--The Secretary shall 
establish a program to incentivize farmers to keep fields flooded 
during appropriate time periods for the purposes of waterbird habitat 
creation and maintenance, including waterfowl and shorebird habitat 
creation and maintenance, provided that--
            (1) such incentives may not exceed $3,500,000 annually, 
        either directly or through credits against other contractual 
        payment obligations;
            (2) the holder of a water contract receiving payments under 
        this section pass such payments through to farmers 
        participating in the program, less reasonable contractor costs, 
        if any; and
            (3) the Secretary determines that habitat creation 
        activities receiving financial support under this section will 
        create new habitat that is not likely to be created without the 
        financial incentives provided under this section.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $3,500,000 for each fiscal year through 
fiscal year 2026 to carry out this section, to remain available until 
expended.
    (c) Report.--Not later than October 1, 2021, and every 2 years 
thereafter, the Secretary shall submit to Congress a report summarizing 
the environmental performance of activities that are receiving, or have 
received, assistance under the program authorized by this section.

SEC. 81232. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.

    The Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et 
seq.) is amended--
            (1) in section 6001--
                    (A) by redesignating paragraphs (2) through (6) as 
                paragraphs (3) through (7), respectively;
                    (B) by inserting after paragraph (1) the following:
            ``(2) Disadvantaged communities.--The term `disadvantaged 
        communities' means communities, including cities, towns, or 
        counties, or reasonably isolated and divisible segments of 
        larger municipalities, with an annual median household income 
        that is less than 100 percent of the statewide annual median 
        household income, as determined by the latest available 
        decennial census.'';
                    (C) in paragraph (6)(B)(i) (as so redesignated)--
                            (i) in subclause (VIII), by striking 
                        ``and'' at the end;
                            (ii) in subclause (IX), by inserting ``; 
                        and'' at the end; and
                            (iii) by adding at the end the following:
                    ``(X) disadvantaged communities;''; and
                    (D) in subparagraph (C) of paragraph (7) (as so 
                redesignated), by inserting ``, including benefits to 
                fisheries, wildlife, and habitat river or stream''; and
            (2) in section 6002--
                    (A) by amending subsection (b) to read as follows:
    ``(b) Establishment of Application Process; Criteria.--Not later 
than March 30, 2021, the Secretary shall update--
            ``(1) the application process for the program; and
            ``(2) in consultation with the States, prioritization and 
        eligibility criteria for considering applications submitted in 
        accordance with the application process.''.

SEC. 81233. COMPETITIVE GRANT PROGRAM FOR THE FUNDING OF WATERSHED 
              HEALTH PROJECTS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act and in accordance with this section, the 
Secretary, in consultation with the heads of relevant agencies, shall 
establish a competitive grant program to award grants to an eligible 
entity for habitat restoration projects that improve watershed health 
in a Reclamation State and accomplish one or more of the following 
benefits:
            (1) Ecosystem benefits.
            (2) Restoration of native species beyond existing or 
        planned measures necessary to meet State or Federal laws for 
        species recovery.
            (3) Protection against invasive species.
            (4) Restoration of aspects of the natural ecosystem.
            (5) Enhancement of commercial and recreational fishing.
            (6) Enhancement of river-based recreation such as kayaking, 
        canoeing, and rafting.
            (7) Mitigate against the impacts of climate change to fish 
        and wildlife habitats.
    (b) Requirements.--
            (1) In general.--In awarding a grant under subsection (a), 
        the Secretary--
                    (A) shall give priority to a project that achieves 
                more than one of the benefits listed in subsection (a); 
                and
                    (B) may not provide a grant for a project that is 
                for the purpose of meeting existing environmental 
                mitigation or compliance obligations under State or 
                Federal law.
            (2) Compliance.--A project awarded a grant under subsection 
        (a) shall comply with all applicable Federal and State laws.
    (c) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means a State, Indian Tribe, nonprofit conservation 
organization operating in a Reclamation State, irrigation district, 
water district, or other organization with water or power delivery 
authority.
    (d) Public Participation.--Before the establishment of the program 
under subsection (a), the Secretary shall--
            (1) provide notice of and, for a period of not less than 90 
        days, an opportunity for public comment on, any draft or 
        proposed version of the program requirements in accordance with 
        this section; and
            (2) consider public comments received in developing the 
        final program requirements.
    (e) Report.--Not later than October 1, 2022, and every 2 years 
thereafter, the Secretary shall submit to Congress a report summarizing 
the environmental performance of activities that are receiving, or have 
received, assistance under the program authorized by this section.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $150,000,000 for each fiscal 
year through fiscal year 2026, to remain available until expended.

SEC. 81234. SUPPORT FOR REFUGE WATER DELIVERIES.

    (a) Report on Historic Refuge Water Deliveries.--Not later than 90 
days after the date of the enactment of this Act, the Secretary shall 
submit to the relevant committees of Congress and make publicly 
available a report that describes the following:
            (1) Compliance with section 3406(d)(1) and section 
        3406(d)(2) of the Central Valley Project Improvement Act (title 
        XXXIV of Public Law 102-575) in each of years 1992 through 
        2018, including an indication of the amount of water identified 
        as the Level 2 amount and incremental Level 4 amount for each 
        wetland area.
            (2) The difference between the mandated quantity of water 
        to be delivered to each wetland habitat area described in 
        section 3406(d)(2) and the actual quantity of water delivered 
        since October 30, 1992, including a listing of every year in 
        which the full delivery of water to wetland habitat areas was 
        achieved in accordance with level 4 of the ``Dependable Water 
        Supply Needs'' table, described in section 3406(d)(2) of the 
        Central Valley Project Improvement Act (title XXXIV of Public 
        Law 102-575).
            (3) Which of the authorities granted to the Secretary under 
        Public Law 102-575 to achieve the full level 4 deliveries of 
        water to wetland habitat areas was employed in achieving the 
        increment of water delivery above the Level 2 amount for each 
        wetland habitat area, including whether water conservation, 
        conjunctive use, water purchases, water leases, donations, 
        water banking, or other authorized activities have been used 
        and the extent to which such authorities have been used.
            (4) An assessment of the degree to which the elimination of 
        water transaction fees for the donation of water rights to 
        wildlife refuges would help advance the goals of the Central 
        Valley Project Improvement Act (title XXXIV of Public Law 102-
        575).
    (b) Priority Construction List.--The Secretary shall establish, 
through a public process and in consultation with the Interagency 
Refuge Water Management Team, a priority list for the completion of the 
conveyance construction projects at the wildlife habitat areas 
described in section 3406(d)(2) of the Central Valley Project 
Improvement Act (title XXXIV of Public Law 102-575), including the 
Mendota Wildlife Area, Pixley National Wildlife Refuge and Sutter 
National Wildlife Refuge.
    (c) Ecological Monitoring and Evaluation Program.--Not later than 1 
year after the date of the enactment of this Act, the Secretary, acting 
through the Director of the United States Fish and Wildlife Service, 
shall design and implement an ecological monitoring and evaluation 
program, for all Central Valley wildlife refuges, that produces an 
annual report based on existing and newly collected information, 
including--
            (1) the United States Fish and Wildlife Service Animal 
        Health Lab disease reports;
            (2) mid-winter waterfowl inventories;
            (3) nesting and brood surveys;
            (4) additional data collected regularly by the refuges, 
        such as herptile distribution and abundance;
            (5) a new coordinated systemwide monitoring effort for at 
        least one key migrant species and two resident species listed 
        as threatened and endangered pursuant to the Endangered Species 
        Act of 1973 (16 U.S.C. 1531 et seq.) (including one warm-
        blooded and one cold-blooded), that identifies population 
        numbers and survival rates for the 3 previous years; and
            (6) an estimate of the bioenergetic food production 
        benefits to migrant waterfowl, consistent with the methodology 
        used by the Central Valley Joint Venture, to compliment and 
        inform the Central Valley Joint Venture implementation plan.
    (d) Adequate Staffing for Refuge Water Delivery Objectives.--The 
Secretary shall ensure that adequate staffing is provided to advance 
the refuge water supply delivery objectives under the Central Valley 
Project Improvement Act (title XXXIV of Public Law 102-575).
    (e) Funding.--There is authorized to be appropriated $25,000,000 to 
carry out subsections (a) through (d), which shall remain available 
until expended.
    (f) Effect on Other Funds.--Amounts authorized under this section 
shall be in addition to amounts collected or appropriated under the 
Central Valley Project Improvement Act (title XXXIV of Public Law 102-
575).

SEC. 81235. DROUGHT PLANNING AND PREPAREDNESS FOR CRITICALLY IMPORTANT 
              FISHERIES.

    (a) Definitions.--In this section:
            (1) Critically important fisheries.--The term ``critically 
        important fisheries'' means--
                    (A) commercially and recreationally important 
                fisheries located within the Reclamation States;
                    (B) fisheries containing fish species that are 
                listed as threatened or endangered pursuant to the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) 
                within the Reclamation States; or
                    (C) fisheries used by Indian Tribes within the 
                Reclamation States for ceremonial, subsistence, or 
                commercial purposes.
            (2) Qualified tribal government.--The term ``qualified 
        Tribal Government'' means any government of an Indian Tribe 
        that the Secretary determines--
                    (A) is involved in fishery management and recovery 
                activities including under the Endangered Species Act 
                of 1973 (16 U.S.C. 1531 et seq.); or
                    (B) has the management and organizational 
                capability to maximize the benefits of assistance 
                provided under this section.
    (b) Drought Plan for Critically Important Fisheries.--Not later 
than January 1, 2021 and every three years thereafter, the Secretary, 
acting through the Director of the United States Fish and Wildlife 
Service shall, in consultation with the National Marine Fisheries 
Service, the Bureau of Reclamation, the Army Corps of Engineers, State 
fish and wildlife agencies, and affected Indian Tribes, prepare a plan 
to sustain the survival of critically important fisheries within the 
Reclamation States during future periods of extended drought. The plan 
shall focus on actions that can aid the survival of critically 
important fisheries during the driest years. In preparing such plan, 
the Director shall consider--
            (1) habitat restoration efforts designed to provide drought 
        refugia and increased fisheries resilience during droughts;
            (2) relocating the release location and timing of hatchery 
        fish to avoid predation and temperature impacts;
            (3) barging of hatchery release fish to improve survival 
        and reduce straying;
            (4) coordination with water users, the Bureau of 
        Reclamation, State fish and wildlife agencies, and interested 
        public water agencies regarding voluntary water transfers, 
        including through groundwater substitution activities, to 
        determine if water releases can be collaboratively managed in a 
        way that provides additional benefits for critically important 
        fisheries without negatively impacting wildlife habitat;
            (5) hatchery management modifications, such as expanding 
        hatchery production of fish during the driest years, if 
        appropriate for a particular river basin;
            (6) hatchery retrofit projects, such as the installation 
        and operation of filtration equipment and chillers, to reduce 
        disease outbreaks, egg mortality and other impacts of droughts 
        and high water temperatures;
            (7) increasing rescue operations of upstream migrating 
        fish;
            (8) improving temperature modeling and related forecasted 
        information to predict water management impacts to the habitat 
        of critically important fisheries with a higher degree of 
        accuracy than current models;
            (9) testing the potential for parentage-based tagging and 
        other genetic testing technologies to improve the management of 
        hatcheries;
            (10) programs to reduce predation losses at artificially 
        created predation hot spots; and
            (11) retrofitting existing water facilities to provide 
        improved temperature conditions for fish.
    (c) Public Comment.--The Director of the United States Fish and 
Wildlife Service shall provide for a public comment period of not less 
than 90 days before finalizing a plan under subsection (a).
    (d) Authorization of Appropriations for Fish Recovery Efforts.--
There is authorized to be appropriated $25,000,000 for the United 
States Fish and Wildlife Service for fiscal year 2021 for fish, stream, 
and hatchery activities related to fish recovery efforts, including 
work with the National Marine Fisheries Service, the Bureau of 
Reclamation, the Army Corps of Engineers, State fish and wildlife 
agencies, or a qualified Tribal Government.
    (e) Effect.--Nothing in this section is intended to expand, 
diminish, or affect any obligation under Federal or State environmental 
law.

SEC. 81236. AQUATIC ECOSYSTEM RESTORATION.

    (a) General Authority.--Subject to the requirements of this 
section, on request of any eligible entity the Secretary may negotiate 
and enter into an agreement on behalf of the United States to fund the 
design, study, and construction of an aquatic ecosystem restoration and 
protection project if the Secretary determines that the project is 
likely to improve the quality of the environment in a Reclamation State 
by improving fish passage through the removal or bypass of barriers to 
fish passage.
    (b) Requirements.--Construction of a project under this section 
shall be a voluntary project initiated only after--
            (1) an eligible entity has entered into an agreement with 
        the Secretary to pay no less than 35 percent of the costs of 
        project construction; and
            (2) the Secretary determines the proposed project--
                    (A) will not result in an unmitigated adverse 
                impact on fulfillment of existing water delivery 
                obligations consistent with historical operations and 
                applicable contracts;
                    (B) will not result in an unmitigated adverse 
                effect on the environment;
                    (C) is consistent with the responsibilities of the 
                Secretary--
                            (i) in the role as trustee for federally 
                        recognized Indian Tribes; and
                            (ii) to ensure compliance with any 
                        applicable international and Tribal treaties 
                        and agreements and interstate compacts and 
                        agreements;
                    (D) is in the financial interest of the United 
                States based on a determination that the project 
                advances Federal objectives including environmental 
                enhancement objectives in a Reclamation State; and
                    (E) protects the public aspects of the eligible 
                facility, including water rights managed for public 
                purposes, such as flood control or fish and wildlife.
    (c) Environmental Laws.--In participating in a project under this 
section, the Secretary shall comply with all applicable Federal 
environmental laws, including the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), and all State environmental laws of the 
Reclamation State in which the project is located involving the 
construction, expansion or operation of a water storage project or fish 
and wildlife protection, provided that no law or regulation of a State 
or political subdivision of a State relieve the Secretary of any 
Federal requirement otherwise applicable under this section.
    (d) Funding.--There is authorized to be appropriated to carry out 
this section $25,000,000 for each fiscal year through fiscal year 2026, 
to remain available until expended.
    (e) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means any Reclamation State, any department, 
agency, or subdivision of a Reclamation State, any public agency 
organized pursuant to the laws of a Reclamation State, an Indian Tribe, 
or a non-profit organization operating in a Reclamation State.
    (f) Priority for Projects Providing Public Safety and Regional 
Benefits.--When funding projects under this section, the Secretary 
shall prioritize projects that--
            (1) are likely to provide public safety benefits; and
            (2) are regional in nature, including projects that span 
        two or more river basins.

SEC. 81237. REAUTHORIZATION OF THE FISHERIES RESTORATION AND IRRIGATION 
              MITIGATION ACT OF 2000.

    Section 10(a) of the Fisheries Restoration and Irrigation 
Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is 
amended by striking ``$15 million through 2021'' and inserting 
``$25,000,000 through 2027''.

SEC. 81238. REPORT ON FISH THAT INHABIT WATERS THAT CONTAIN 
              PERFLUOROALKYL OR POLYFLUOROALKYL SUBSTANCES.

    (a) In General.--The Administrator of the National Oceanic and 
Atmospheric Administration, in coordination with the Director of the 
United States Fish and Wildlife Service, the Administrator of the 
Environmental Protection Agency, the Director of the Centers for 
Disease Control and Prevention, and the Director of the United States 
Geological Survey, shall submit to Congress a report on the impact of 
waters that contain perfluoroalkyl or polyfluoroalkyl substances on 
fish that--
            (1) inhabit such waters; and
            (2) are used for recreation or subsistence.
    (b) Content.--The report required by subsection (a) shall include 
information on the following:
            (1) The concentration of perfluoroalkyl and polyfluoroalkyl 
        substances in fish that inhabit waters that contain such 
        substances.
            (2) The health risks posed to persons who frequently 
        consume fish that inhabit waters that contain perfluoroalkyl or 
        polyfluoroalkyl substances.
            (3) The risks to natural predators of fish that inhabit 
        waters that contain perfluoroalkyl or polyfluoroalkyl 
        substances, including dolphins.
            (4) Measures that can be taken to mitigate the risks 
        described in paragraphs (2) and (3).

              CHAPTER 4--WATER JOB TRAINING AND EDUCATION

SEC. 81241. WATER RESOURCE EDUCATION.

    (a) General Authority.--In accordance with this section, the 
Secretary may enter into a cooperative agreement or contract or provide 
financial assistance in the form of a grant, to support activities 
related to education on water resources.
    (b) Eligible Activities.--The Secretary may enter into a 
cooperative agreement or contract or provide financial assistance for 
activities that improve water resources education, including through 
tours, publications or other activities that--
            (1) disseminate information on water resources via 
        educational tools, materials or programs;
            (2) publish relevant information on water resource issues, 
        including environmental and ecological conditions;
            (3) advance projects that improve public understanding of 
        water resource issues or management challenges, including 
        education on drought, drought awareness, and drought 
        resiliency;
            (4) provide training or related education for teachers, 
        faculty, or related personnel, including in a specific 
        geographic area or region; or
            (5) enable tours, conferences, or other activities to 
        foster cooperation in addressing water resources or management 
        challenges, including cooperation relating to water resources 
        shared by the United States and Canada or Mexico.
    (c) Grant Priority.--In making grants under this section, the 
Secretary shall give priority to activities that--
            (1) provide training for the professional development of 
        legal and technical experts in the field of water resources 
        management; or
            (2) help educate the public, teachers or key stakeholders 
        on--
                    (A) a new or significantly improved water resource 
                management practice, method, or technique;
                    (B) the existence of a water resource management 
                practice, method, or technique that may have wide 
                application;
                    (C) a water resource management practice, method, 
                or technique related to a scientific field or skill 
                identified as a priority by the Secretary; or
                    (D) general water resource issues or management 
                challenges, including as part of a science curricula in 
                elementary or secondary education setting.

                        CHAPTER 5--MISCELLANEOUS

SEC. 81251. OFFSET.

    (a) Purpose; Definition.--
            (1) Purpose.--The purpose of this section is to establish 
        an efficient and transparent 1-time process for deauthorizing 
        Bureau of Reclamation projects that have failed--
                    (A) to receive a minimum level of Federal 
                investment; or
                    (B) to initiate construction.
            (2) Definition of reclamation project.--In this section, 
        the term ``Reclamation project'' means a surface water storage 
        project or project under the purview of title XVI of Public Law 
        102-575 that is to be carried out, funded or operated in whole 
        or in part by the Secretary pursuant to the Act of June 17, 
        1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and 
        amendatory of that Act (43 U.S.C. 371 et seq.).
    (b) Backlog List.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committee on 
Energy and Natural Resources of the Senate and the Committee on Natural 
Resources of the House of Representatives, and make available on a 
publicly accessible internet website in a manner that is downloadable, 
searchable, and sortable, a list of--
            (1) Reclamation projects--
                    (A) that are authorized; and
                    (B) for which, during the fiscal year in which this 
                Act is enacted and each of the preceding 10 fiscal 
                years--
                            (i) no application for Federal funding has 
                        been received; and
                            (ii) no construction has occurred; and
            (2) for each Reclamation project listed under paragraph 
        (1)--
                    (A) the date of authorization of the Reclamation 
                project, including any subsequent modifications to the 
                original authorization;
                    (B) a brief description of the Reclamation project; 
                and
                    (C) any amounts appropriated for the Reclamation 
                project that remain unobligated.
    (c) Interim Deauthorization List.--
            (1) In general.--The Secretary shall develop and make 
        publicly available an interim deauthorization list that 
        identifies each Reclamation project described in subsection 
        (b)(1).
            (2) Public comment and consultation.--
                    (A) In general.--The Secretary shall solicit and 
                accept, for a period of not less than 90 days, comments 
                relating to the interim deauthorization list under 
                paragraph (1) from--
                            (i) the public; and
                            (ii) the Governor of each applicable State.
                    (B) Project sponsors.--As part of the public 
                comment period under subparagraph (A), the Secretary 
                shall provide to project sponsors the opportunity to 
                provide to the Secretary a notice of the intent to 
                initiate construction of the project by not later than 
                the date that is 2 years after the date of publication 
                of the preliminary final deauthorization list under 
                subsection (d).
            (3) Submission to congress; publication.--Not later than 90 
        days after the date of submission of the backlog list under 
        subsection (b), the Secretary shall--
                    (A) submit the interim deauthorization list under 
                paragraph (1) to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives; and
                    (B) publish the interim deauthorization list in the 
                Federal Register.
    (d) Preliminary Final Deauthorization List.--
            (1) In general.--The Secretary shall develop a preliminary 
        final deauthorization list that includes each project 
        identified pursuant to paragraph (2).
            (2) Identification of projects.--
                    (A) Exclusions.--The Secretary may identify a 
                Reclamation project described in subsection (b)(1) for 
                exclusion from the preliminary final deauthorization 
                list if the Secretary determines, on a case-by-case 
                basis following receipt of public comments, that the 
                project is critical for interests of the United States, 
                based on the practicable impact of the project on--
                            (i) public health and safety;
                            (ii) the national economy; or
                            (iii) the environment.
                    (B) Subject to deauthorization designation.--Any 
                Reclamation project the sponsor of which has provided 
                to the Secretary a notice of the intent to initiate 
                construction by not later than 2 years after the date 
                of publication of the preliminary final deauthorization 
                list under this subsection shall be designated on that 
                list as ``subject to deauthorization''.
                    (C) Appendix.--The Secretary shall include as part 
                of the preliminary final deauthorization list under 
                this subsection an appendix that--
                            (i) identifies each Reclamation project 
                        included on the interim deauthorization list 
                        under subsection (c) that is not included on 
                        the preliminary final deauthorization list; and
                            (ii) describes the reasons why each 
                        Reclamation project identified under clause (i) 
                        is not included on the preliminary final 
                        deauthorization list.
            (3) Submission to congress; publication.--Not later than 
        120 days after the date of expiration of the public comment 
        period under subsection (c)(2)(A), the Secretary shall--
                    (A) submit to the Committee on Energy and Natural 
                Resources of the Senate and the Committee on Natural 
                Resources of the House of Representatives the 
                preliminary final deauthorization list and the appendix 
                required under this subsection; and
                    (B) publish the preliminary final deauthorization 
                list and appendix in the Federal Register.
    (e) Deauthorization; Congressional Review.--Effective beginning on 
the date that is 180 days after the date of submission to Congress of 
the preliminary final deauthorization list under subsection (d)(3)(A), 
each Reclamation project included on that list is deauthorized, 
unless--
            (1) the Reclamation project is designated as ``subject to 
        deauthorization'' pursuant to subsection (d)(2)(B); or
            (2) Congress has enacted a joint resolution disapproving 
        the preliminary final deauthorization list.
    (f) Updated Final Deauthorization List.--
            (1) Publication.--Not later than the date that is 2 years 
        after the date of publication of the preliminary final 
        deauthorization list under subsection (d)(3)(B), the Secretary 
        shall publish an updated final deauthorization list.
            (2) Projects subject to deauthorization.--On the updated 
        final deauthorization list under this subsection, the Secretary 
        shall describe any Reclamation project designated as ``subject 
        to deauthorization'' on the preliminary final deauthorization 
        list pursuant to subsection (d)(2)(B) as--
                    (A) authorized, if the Secretary has received 
                evidence that the sponsor of the Reclamation project 
                has substantially initiated construction on the 
                Reclamation project; or
                    (B) deauthorized, if the Secretary has not received 
                the evidence described in subparagraph (A).
            (3) Deauthorization.--Any project described as deauthorized 
        pursuant to paragraph (2)(B) shall be deauthorized on the date 
        that is 180 days after the date of submission of the updated 
        final deauthorization list under paragraph (1), unless Congress 
        has enacted a joint resolution disapproving that list.
    (g) Treatment of Project Modifications.--For purposes of this 
section, if an authorized Reclamation project has been modified by an 
Act of Congress, the date of authorization of the project shall be 
considered to be the date of the most recent modification.

SEC. 81252. DELAYED WATER PROJECT RECOMMENDATIONS.

    The Secretary shall, not later than 30 days after the date of 
enactment of this Act, transmit recommendations to the appropriate 
committees of Congress for the use of funds made available for fiscal 
year 2019 to advance--
            (1) water storage projects in accordance with section 4007 
        of Public Law 114-322;
            (2) title XVI water reuse projects in accordance with 
        section 4009(c) of Public Law 114-322; and
            (3) water desalination projects in accordance with section 
        4009(a) of Public Law 114-322.

SEC. 81253. CONTINUED USE OF PICK-SLOAN MISSOURI BASIN PROGRAM PROJECT 
              USE POWER BY THE KINSEY IRRIGATION COMPANY AND THE SIDNEY 
              WATER USERS IRRIGATION DISTRICT.

    (a) Findings.--Congress finds that--
            (1) the Act of May 18, 1938 (52 Stat. 403, chapter 250; 16 
        U.S.C. 833 et seq.), authorized the completion, maintenance, 
        and operation of the Fort Peck project;
            (2) section 2 of that Act (52 Stat. 404, chapter 250; 16 
        U.S.C. 833a) authorized and directed the Bureau of 
        Reclamation--
                    (A) to transmit and sell electric energy generated 
                by the Fort Peck project; and
                    (B) ``to interconnect the Fort Peck project with 
                either private or with other Federal projects and 
                publicly owned power systems now or hereafter 
                constructed.'';
            (3) section 9 of the Act of December 22, 1944 (commonly 
        known as the ``Flood Control Act of 1944'') (58 Stat. 891, 
        chapter 665)--
                    (A) authorized the Missouri River Basin Project, 
                now known as the ``Pick-Sloan Missouri Basin Program'' 
                (referred to in this section as the ``Program'');
                    (B) approved the comprehensive plan for the Program 
                set forth in Senate Document 191 and House Document 
                475, as revised and coordinated by Senate Document 247, 
                78th Congress;
                    (C) established a permanent administration for the 
                development of the Missouri River Basin; and
                    (D) incorporated the Fort Peck project as part of 
                the Program;
            (4) in 1946, the Bureau of Reclamation entered into project 
        use power contracts to provide the Kinsey Irrigation Company 
        and the predecessor of the Sidney Water Users Irrigation 
        District electrical service under the authority of the Act of 
        May 18, 1938 (52 Stat. 403, chapter 250; 16 U.S.C. 833 et 
        seq.);
            (5) since 1946, the Bureau of Reclamation has approved 9 
        modifications to the project use power contracts between the 
        Bureau of Reclamation, the Kinsey Irrigation Company, and the 
        Sidney Water Users Irrigation District;
            (6) the project use power contracts in effect on the date 
        of enactment of this Act provide electric service to the Kinsey 
        Irrigation Company and the Sidney Water Users Irrigation 
        District at the Program rate of 2.5 mills per kilowatt-hour, 
        including wheeling, through 2020; and
            (7) the Kinsey Irrigation Company and the Sidney Water 
        Users Irrigation District have reasonably relied on the 
        authority of the Act of May 18, 1938 (52 Stat. 403, chapter 
        250; 16 U.S.C. 833 et seq.), and the fact that the Bureau of 
        Reclamation has treated the Kinsey Irrigation Company and the 
        Sidney Water Users Irrigation District as irrigation pumping 
        units of the Program for more than 74 years.
    (b) Authorization.--Notwithstanding any other provision of law and 
subject to subsection (c), the Secretary of the Interior (acting 
through the Commissioner of Reclamation) shall continue to treat the 
irrigation pumping units known as the ``Kinsey Irrigation Company'' in 
Custer County, Montana, and the ``Sidney Water Users Irrigation 
District'' in Richland County, Montana, or any successor to the Kinsey 
Irrigation Company or Sidney Water Users Irrigation District, as 
irrigation pumping units of the Program for the purposes of wheeling, 
administration, and payment of project use power.
    (c) Limitation.--The quantity of power to be provided to the Kinsey 
Irrigation Company and the Sidney Water Users Irrigation District 
(including any successor to the Kinsey Irrigation Company or the Sidney 
Water Users Irrigation District) under subsection (b) may not exceed 
the maximum quantity of power provided to the Kinsey Irrigation Company 
and the Sidney Water Users Irrigation District under the applicable 
contract for electric service in effect on the date of enactment of 
this Act.

                   Subtitle C--Western Water Security

SEC. 81301. DEFINITIONS.

    In this subtitle:
            (1) Rio grande compact.--The term ``Rio Grande Compact'' 
        means the compact approved by Congress under the Act of May 31, 
        1939 (53 Stat. 785, chapter 155).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means the State of New 
        Mexico.

       CHAPTER 1--INFRASTRUCTURE AND WATER MANAGEMENT IMPROVEMENT

SEC. 81311. WATERSMART EXTENSION AND EXPANSION.

    (a) Definition of Eligible Applicant.--Section 9502 of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``section'' and inserting ``subtitle'';
            (2) by striking paragraph (7) and inserting the following:
            ``(7) Eligible applicant.--The term `eligible applicant' 
        means--
                    ``(A) any State, Indian tribe, irrigation district, 
                or water district;
                    ``(B) any State, regional, or local authority, the 
                members of which include one or more organizations with 
                water or power delivery authority;
                    ``(C) any other organization with water or power 
                delivery authority; or
                    ``(D) any nonprofit conservation organization.'';
            (3) by redesignating paragraphs (13) through (17) as 
        paragraphs (14) through (18), respectively; and
            (4) by inserting after paragraph (12) the following:
            ``(13) Natural water recharge infrastructure.--The term 
        `natural water recharge infrastructure' means a single project, 
        a number of distributed projects across a watershed, or the 
        redesign and replacement, or removal, of built infrastructure 
        to incorporate natural aquatic elements, in which the project--
                    ``(A) uses natural materials appropriate to the 
                specific site and landscape setting;
                    ``(B) mimics natural riverine, floodplain, 
                riparian, wetland, hydrologic, or other ecological 
                processes; and
                    ``(C) results in aquifer recharge, transient 
                floodplain water retention, or restoration of water in 
                the landscape such that the water returns to a wetland, 
                riparian area, or surface water channel.''.
    (b) Research Agreements.--Section 9504(b)(1) of the Omnibus Public 
Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``nonprofit conservation organization,'' before ``or 
        organization'';
            (2) in subparagraph (B), by striking ``or'' at the end;
            (3) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (4) by inserting after subparagraph (B) the following:
                    ``(C) to increase natural water recharge 
                infrastructure; or''.
    (c) Water Management Improvement.--Section 9504(e) of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is amended by 
striking ``$530,000,000'' and inserting ``$700,000,000, subject to the 
condition that $50,000,000 of that amount shall be used to carry out 
section 206 of the Energy and Water Development and Related Agencies 
Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.
    (d) Conforming Amendment.--Section 4009(d) of Public Law 114-322 
(42 U.S.C. 10364 note) is amended by striking ``on the condition that 
of that amount, $50,000,000 of it is used to carry out section 206 of 
the Energy and Water Development and Related Agencies Appropriation 
Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.

SEC. 81312. EMERGENCY DROUGHT FUNDING.

    (a) Authorization of Appropriations.--Section 301 of the 
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 
2241) is amended--
            (1) by striking ``120,000,000'' and inserting 
        ``180,000,000''; and
            (2) by striking ``2020'' and inserting ``2025, of which not 
        more than $30,000,000 shall be made available during that 
        period for the conduct of actions authorized under title I of 
        the Reclamation States Emergency Drought Relief Act of 1991 (43 
        U.S.C. 2211 et seq.) to benefit imperiled fish and wildlife''.
    (b) Applicable Period of Drought Program.--Section 104 of the 
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 
2214) is amended by striking subsection (a) and inserting the 
following:
    ``(a) In General.--The programs and authorities established under 
this title shall become operative in any Reclamation State and in the 
State of Hawaii only--
            ``(1) after the Governor or Governors of the affected State 
        or States, or the governing body of an affected Indian Tribe 
        with respect to a reservation, has made a request for temporary 
        drought assistance and the Secretary has determined that the 
        temporary assistance is merited;
            ``(2) after a drought emergency has been declared by the 
        Governor or Governors of the affected State or States; or
            ``(3) on approval of a drought contingency plan as provided 
        in title II.''.
    (c) Reauthorization.--Section 104(c) of the Reclamation States 
Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by 
striking ``2020'' and inserting ``2030''.

SEC. 81313. RIO GRANDE PUEBLO IRRIGATION INFRASTRUCTURE 
              REAUTHORIZATION.

    Section 9106 of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11; 123 Stat. 1304) is amended--
            (1) in subsection (c)(4), by striking ``2 years after the 
        date of enactment of this Act, the Secretary shall submit to 
        the Committee on Energy and Natural Resources of the Senate and 
        the Committee on Resources'' and inserting ``December 31, 2020, 
        the Secretary shall submit to the Committee on Energy and 
        Natural Resources of the Senate and the Committee on Natural 
        Resources''; and
            (2) in subsection (g)(2)--
                    (A) by striking ``$6,000,000'' and inserting ``such 
                sums as may be necessary''; and
                    (B) by striking ``2010 through 2019'' and inserting 
                ``2020 through 2029''.

SEC. 81314. PUERTO RICO WATERSMART GRANTS ELIGIBILITY.

    (a) Short Title.--This section may be cited as the ``Puerto Rico 
WaterSMART Grants Eligibility Act''.
    (b) Watersmart Grants and Agreements.--Section 9504 of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10364) is amended in 
subsection (a)(2)(A)--
            (1) in clause (ii), by striking ``or'';
            (2) in clause (iii), by striking ``and'' and inserting 
        ``or''; and
            (3) by inserting after clause (iii), the following:
                            ``(iv) Puerto Rico; and''.

                   CHAPTER 2--GROUNDWATER MANAGEMENT

SEC. 81321. REAUTHORIZATION AND EXPANSION OF THE TRANSBOUNDARY AQUIFER 
              ASSESSMENT PROGRAM.

    (a) Designation of Priority Transboundary Aquifers.--Section 
4(c)(2) of the United States-Mexico Transboundary Aquifer Assessment 
Act (42 U.S.C. 1962 note; Public Law 109-448) is amended by striking 
``New Mexico or Texas'' and inserting ``New Mexico, Texas, or Arizona 
(other than an aquifer underlying Arizona and Sonora, Mexico, that is 
partially within the Yuma groundwater basin designated by the order of 
the Director of the Arizona Department of Water Resources dated June 
21, 1984)''.
    (b) Reauthorization.--
            (1) Authorization of appropriations.--Section 8(a) of the 
        United States-Mexico Transboundary Aquifer Assessment Act (42 
        U.S.C. 1962 note; Public Law 109-448) is amended by striking 
        ``fiscal years 2007 through 2016'' and inserting ``fiscal years 
        2021 through 2029''.
            (2) Sunset of authority.--Section 9 of the United States-
        Mexico Transboundary Aquifer Assessment Act (42 U.S.C. 1962 
        note; Public Law 109-448) is amended by striking ``enactment of 
        this Act'' and inserting ``enactment of the Moving Forward 
        Act''.

SEC. 81322. GROUNDWATER MANAGEMENT ASSESSMENT AND IMPROVEMENT.

    Section 9504(a) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10364(a)) is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or carrying out any activity'' after ``any 
                improvement'';
                    (B) by striking subparagraphs (A) through (E);
                    (C) by redesignating subparagraphs (F) through (H) 
                as subparagraphs (B) through (D), respectively;
                    (D) by inserting before subparagraph (B) (as so 
                redesignated) the following:
                    ``(A) to assist States and water users in complying 
                with interstate compacts through temporary, voluntary, 
                and compensated transactions that decrease consumptive 
                water use at a regional or watershed scale;'';
                    (E) in subparagraph (B) (as so redesignated), by 
                striking ``to prevent'' and inserting ``to achieve the 
                prevention of'';
                    (F) in subparagraph (C) (as so redesignated), by 
                striking ``to accelerate'' and inserting ``to achieve 
                the acceleration of''; and
                    (G) in subparagraph (D) (as so redesignated)--
                            (i) by striking clause (i) and inserting 
                        the following:
                            ``(i) to increase ecological resilience to 
                        climate change, including by enhancing natural 
                        water recharge infrastructure within a 
                        floodplain or riparian wetland, by addressing 
                        climate-related impacts or vulnerability to the 
                        water supply of the United States;'';
                            (ii) in clause (ii), by striking the period 
                        at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                            ``(iii) to plan for or address the impacts 
                        of drought.'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (3) by inserting after paragraph (1) the following:
            ``(2) Eligible projects.--The improvements or activities 
        eligible for assistance under paragraph (1) may include 
        improvements or activities--
                    ``(A) using an approach--
                            ``(i) to conserve water;
                            ``(ii) to increase water use efficiency;
                            ``(iii) to facilitate water markets; or
                            ``(iv) to enhance water management, 
                        including increasing the use of renewable 
                        energy in the management and delivery of water 
                        or increasing natural water recharge 
                        infrastructure;
                    ``(B) to improve the condition of natural water 
                recharge infrastructure; or
                    ``(C) to achieve the acceleration of the adoption 
                and use of advanced water treatment technologies to 
                increase water supply.''; and
            (4) in paragraph (4) (as so redesignated)--
                    (A) in subparagraph (B)(i), by striking subclause 
                (II) and inserting the following:
                                    ``(II) to use the assistance 
                                provided under a grant or agreement to 
                                increase the consumptive use of water 
                                for agricultural operations above the 
                                pre-project levels, as determined 
                                pursuant to the law of the State in 
                                which the operation of the eligible 
                                applicant is located.''; and
                    (B) in subparagraph (E)--
                            (i) by striking clause (i) and inserting 
                        the following:
                            ``(i) Federal share.--
                                    ``(I) In general.--Except as 
                                provided in subclause (II), the Federal 
                                share of the cost of any infrastructure 
                                improvement or activity that is the 
                                subject of a grant or other agreement 
                                entered into between the Secretary and 
                                an eligible applicant under paragraph 
                                (1) shall not exceed 50 percent of the 
                                cost of the infrastructure improvement 
                                or activity.
                                    ``(II) Increased federal share for 
                                certain infrastructure improvements and 
                                activities.--
                                            ``(aa) In general.--The 
                                        Federal share of the cost of an 
                                        infrastructure improvement or 
                                        activity described in item (bb) 
                                        shall not exceed 75 percent of 
                                        the cost of the infrastructure 
                                        improvement or activity.
                                            ``(bb) Infrastructure 
                                        improvements and activities 
                                        described.--An infrastructure 
                                        improvement or activity 
                                        referred to in item (aa) is an 
                                        infrastructure improvement or 
                                        activity that provides benefits 
                                        to consumptive water users and 
                                        nonconsumptive ecological or 
                                        recreational values in which--

                                                    ``(AA) in the case 
                                                of an infrastructure 
                                                improvement or activity 
                                                that conserves water, 
                                                the conserved water is 
                                                returned to a surface 
                                                water source with 
                                                ecological or 
                                                recreational benefits; 
                                                or

                                                    ``(BB) in the case 
                                                of other infrastructure 
                                                improvements or 
                                                activities, the 
                                                majority of the 
                                                benefits are 
                                                nonconsumptive 
                                                ecological or 
                                                recreational 
                                                benefits.''; and

                            (ii) in clause (ii), in the matter 
                        preceding subclause (I), by striking 
                        ``paragraph (2)'' and inserting ``paragraph 
                        (3)''.

SEC. 81323. SURFACE AND GROUNDWATER WATER AVAILABILITY AND THE ENERGY 
              NEXUS.

    Section 9508(d)(3) of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10368(d)(3)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the semicolon and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(F) oil, gas, and mineral development under the 
                Mineral Leasing Act (30 U.S.C. 181 et seq.), the Act of 
                May 11, 1938 (commonly known as the `Indian Mineral 
                Leasing Act of 1938') (25 U.S.C. 396a et seq.), 
                sections 2319 through 2344 of the Revised Statutes 
                (commonly known as the `Mining Law of 1872') (30 U.S.C. 
                22 et seq.), and the Outer Continental Shelf Lands Act 
                (43 U.S.C. 1331 et seq.);''.

      CHAPTER 3--WATER CONSERVATION AND ENVIRONMENTAL RESTORATION

SEC. 81331. DEFINITIONS.

    In this chapter:
            (1) Basin.--The term ``Basin''--
                    (A) is limited to areas within the State; and
                    (B) means each of--
                            (i) the Upper Rio Grande Basin;
                            (ii) the Middle Rio Grande Basin;
                            (iii) the Lower Rio Grande Basin;
                            (iv) the Lower Pecos River Basin;
                            (v) the Gila River Basin;
                            (vi) the Canadian River Basin;
                            (vii) the San Francisco River Basin; and
                            (viii) the San Juan River Basin.
            (2) District.--The term ``District'' means--
                    (A) the Middle Rio Grande Conservancy District;
                    (B) the Elephant Butte Irrigation District;
                    (C) the Carlsbad Irrigation District;
                    (D) the Arch Hurley Conservancy District;
                    (E) the Pecos Valley Artesian Conservation 
                District; or
                    (F) the San Juan Water Commission.
            (3) Pueblo.--The term ``Pueblo'' means each of the 
        following pueblos in the State:
                    (A) Cochiti.
                    (B) Santo Domingo.
                    (C) San Felipe.
                    (D) Santa Ana.
                    (E) Sandia.
                    (F) Isleta.

SEC. 81332. WATER ACQUISITION PROGRAM.

    (a) Authorization.--The Secretary, acting through the Commissioner 
of Reclamation, shall carry out in the Basins a water acquisition 
program in coordination with the other appropriate Federal agencies, 
State agencies, and non-Federal stakeholders, under which the Secretary 
shall--
            (1) make acquisitions, or assist the State or a District in 
        making acquisitions, of water in the Basins by lease or 
        purchase of water rights or contractual entitlements from 
        willing lessors or sellers, consistent with section 8 of the 
        Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande Compact, 
        and applicable State law relating to the acquisition and 
        administration of water rights; and
            (2) take any other actions, consistent with section 8 of 
        the Act of June 17, 1902 (43 U.S.C. 383), the Rio Grande 
        Compact, and applicable State law, that the Secretary 
        determines would achieve the purposes of the water acquisition 
        program described in subsection (b).
    (b) Purposes.--The purposes of the water acquisition program are--
            (1) to enhance stream flow to benefit fish and wildlife 
        (including endangered species), water quality, and river 
        ecosystem restoration in the Basins;
            (2) to enhance stewardship and conservation of working 
        land, water, and watersheds in the Basins, consistent with the 
        purpose described in paragraph (1); and
            (3) to address water supply-demand imbalances in the 
        Basins, consistent with State law and the purpose described in 
        paragraph (1).
    (c) Coordination.--To assist in developing and administering the 
program, the Secretary may provide funds to the State, a District, or a 
federally established nonprofit entity with particular expertise in 
western water transactions.
    (d) District Projects.--Subject to the Rio Grande Compact and 
applicable State law, the Secretary may develop programs to provide--
            (1) cost-share assistance to a District to reduce water 
        depletions by agricultural producers and irrigators in that 
        District by making irrigation system improvements and 
        increasing system efficiency;
            (2) incentives to a District for the establishment of a 
        water leasing program from willing lessors for agricultural 
        producers and irrigators in that District to temporarily lease 
        pre-1907 water rights (instead of permanent severance from 
        irrigable land) for the purpose of providing benefits to 
        species listed as threatened or endangered under the Endangered 
        Species Act of 1973 (16 U.S.C. 1531 et seq.) and other river 
        ecosystem benefits; and
            (3) cost-share assistance to a District to implement 
        infrastructure or operational changes that will allow for 
        effective management of a leasing program, while maintaining 
        adequate water deliveries to other agricultural producers and 
        irrigators.

SEC. 81333. MIDDLE RIO GRANDE WATER CONSERVATION.

    (a) In General.--The Secretary, in cooperation with a District and 
in consultation with the Pueblos, may provide funding and technical 
assistance for the installation of metering and measurement devices and 
the construction of check structures on irrigation diversions, canals, 
laterals, ditches, and drains--
            (1) to ensure the conservation and efficient use of water 
        within that District by--
                    (A) reducing actual consumptive use; or
                    (B) not increasing the use of water; and
            (2) to improve the measurement and allocation of water, 
        including water acquired through the water acquisition program 
        established under section 81332.
    (b) Rio Grande, San Acacia, and Isleta Reaches.--
            (1) In general.--The Secretary shall provide for the 
        development of a comprehensive plan for the San Acacia and 
        Isleta reaches to plan, design, permit, construct, and 
        prioritize projects that balance river maintenance, water 
        availability, use, and delivery, and ecosystem benefits, 
        including--
                    (A) planning, permitting, and construction of a 
                pumping station at Bosque del Apache National Wildlife 
                Refuge for the purpose of more efficiently using water 
                to provide--
                            (i) a stable supply for the Refuge; and
                            (ii) an efficient and reliable supply of 
                        water to the Rio Grande for the benefit of the 
                        endangered silvery minnow and Southwestern 
                        willow flycatcher;
                    (B) planning, permitting, and construction of a 
                river channel realignment project near the Rio Grande 
                mile-83 for the purpose of conveying water and sediment 
                through the reach to Elephant Butte Reservoir and 
                addressing river channel aggradation while maintaining 
                floodplain connectivity during the snowmelt runoff;
                    (C) planning, permitting, and construction of a 
                controlled outlet for the low flow conveyance channel 
                to the Rio Grande between Fort Craig, New Mexico, and 
                Rio Grande mile-60 for the purpose of water use and 
                delivery, enhancement and development of habitat areas, 
                and possible creation of a single-channel river 
                ecosystem; and
                    (D) development of a Lower Reach plan--
                            (i) to identify additional projects and 
                        maintenance activities with water use, sediment 
                        management, and delivery and ecosystem 
                        benefits; and
                            (ii) to prioritize implementation of all 
                        projects and activities.
            (2) Public participation.--In carrying out this subsection, 
        the Secretary shall provide a process for public participation 
        and comment during plan development and alternative analysis.

SEC. 81334. SUSTAINING BIODIVERSITY DURING DROUGHTS.

    Section 9503(b) of the Omnibus Public Land Management Act of 2009 
(42 U.S.C. 10363(b)) is amended--
            (1) in paragraph (3)(D), by inserting ``and native 
        biodiversity'' after ``wildlife habitat''; and
            (2) in paragraph (4)(B), by inserting ``and drought 
        biodiversity plans to address sustaining native biodiversity 
        during periods of drought'' after ``restoration plans''.

SEC. 81335. REAUTHORIZATION OF COOPERATIVE WATERSHED MANAGEMENT 
              PROGRAM.

    Section 6002(g)(4) of the Omnibus Public Land Management Act of 
2009 (16 U.S.C. 1015a(g)(4)) is amended by striking ``2020'' and 
inserting ``2031''.

                   CHAPTER 4--EFFECT ON EXISTING LAW

SEC. 81341. EFFECT ON EXISTING LAW.

    (a) In General.--An action taken by the Secretary or another entity 
under this subtitle or an amendment made by this subtitle shall comply 
with applicable State laws in effect on the date of enactment of this 
Act.
    (b) State Law.--Nothing in this subtitle or an amendment made by 
this subtitle affects, is intended to affect, or interferes with a law 
of the State relating to the control, appropriation, use, or 
distribution of water, or any vested right acquired under the law.
    (c) Rio Grande Compact.--Nothing in this subtitle or an amendment 
made by this subtitle affects or is intended to affect or interfere 
with any obligation of a State under the Rio Grande Compact or any 
litigation relating to the Rio Grande Compact.

            Subtitle D--Water Resources Research Amendments

SEC. 81411. WATER RESOURCES RESEARCH ACT AMENDMENTS.

    (a) Clarification of Research Activities.--Section 104(b)(1) of the 
Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is 
amended--
            (1) in subparagraph (B)(ii), by striking ``water-related 
        phenomena'' and inserting ``water resources''; and
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; and''.
    (b) Compliance Report.--Section 104(c) of the Water Resources 
Research Act of 1984 (42 U.S.C. 10303(c)) is amended--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Grants.--
            ``(1) In general.--From the sums appropriated pursuant to 
        subsection (f) of this section, the Secretary shall make grants 
        to each institute to be matched on a basis of no less than 1 
        non-Federal dollar for every 1 Federal dollar.''; and
            (2) by adding at the end the following:
            ``(2) Report.--Not later than December 31 of each fiscal 
        year, the Secretary shall submit to the Committee on 
        Environment and Public Works of the Senate, the Committee on 
        the Budget of the Senate, the Committee on Transportation and 
        Infrastructure of the House of Representatives, and the 
        Committee on the Budget of the House of Representatives a 
        report regarding the compliance of each funding recipient with 
        this subsection for the immediately preceding fiscal year.''.
    (c) Evaluation of Water Resources Research Program.--Section 104 of 
the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended 
by striking subsection (e) and inserting the following:
    ``(e) Evaluation of Water Resources Research Program.--
            ``(1) In general.--The Secretary shall conduct a careful 
        and detailed evaluation of each institute at least once every 5 
        years to determine--
                    ``(A) the quality and relevance of the water 
                resources research of the institute;
                    ``(B) the effectiveness of the institute at 
                producing measured results and applied water supply 
                research; and
                    ``(C) whether the effectiveness of the institute as 
                an institution for planning, conducting, and arranging 
                for research warrants continued support under this 
                section.
            ``(2) Prohibition on further support.--If, as a result of 
        an evaluation under paragraph (1), the Secretary determines 
        that an institute does not qualify for further support under 
        this section, no further grants to the institute may be 
        provided until the qualifications of the institute are 
        reestablished to the satisfaction of the Secretary.''.
    (d) Authorization of Appropriations.--Section 104(f)(1) of the 
Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended 
by striking ``$12,000,000 for each of fiscal years 2007 through 2011'' 
and inserting ``$8,250,000 for each fiscal years 2020 through 2023''.
    (e) Additional Appropriations Where Research Focused on Water 
Problems of Interstate Nature.--Section 104(g)(1) of the Water 
Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in 
the first sentence by striking ``$6,000,000 for each of fiscal years 
2007 through 2011'' and inserting ``$1,750,000 for each of fiscal years 
2020 through 2023''.

               Subtitle E--Ground Water Recharge Planning

SEC. 81511. GROUND WATER RECHARGE PLANNING.

    (a) Definitions.--In this section:
            (1) Critically overdrafted basins.--The term ``Critically 
        Overdrafted Basins'' means those basins identified by the 
        California Department of Water Resources pursuant to part 2.74 
        of the California Water Code (commonly known as the 
        ``California's Sustainable Groundwater Management Act'').
            (2) Reclamation state.--The term ``Reclamation State'' 
        means a State or territory described in the first section of 
        the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 
        391).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
    (b) Evaluation and Report.--
            (1) In general.--Not later than 4 years after the date of 
        the enactment of this Act, the Secretary shall complete an 
        evaluation and report to Congress that identifies potential 
        ground water storage and recharge opportunities in each 
        Reclamation State including recharge opportunities in 
        critically overdrafted basins to help inform future Federal, 
        State, local, and other investment in ground water storage 
        projects.
            (2) Report.--The report to Congress shall include--
                    (A) an assessment of potentially beneficial storage 
                and recharge locations based on the Secretary's 
                assessment of--
                            (i) hydrologic attributes;
                            (ii) geologic attributes;
                            (iii) engineering attributes;
                            (iv) water supply benefits;
                            (v) environmental benefits;
                            (vi) infrastructure benefits related to 
                        mitigation of subsidence-related infrastructure 
                        damage; and
                            (vii) sustainability benefits for 
                        critically overdrafted basins; and
                    (B) an assessment of potential conveyance 
                infrastructure needs to move excess runoff to the 
                recharge locations identified by the Secretary under 
                this section.
            (3) Coordination.--To the maximum extent practicable, the 
        Secretary shall coordinate research activities with Reclamation 
        State agencies, ground water sustainability agencies, 
        universities and non-profit organizations in a manner designed 
        to assist with implementation of State-led initiatives such as 
        part 2.74 of the California Water Code (commonly known as the 
        ``Sustainable Groundwater Management Act'').

                Subtitle F--Tribal Water Infrastructure

SEC. 81611. FINDING.

    The COVID-19 crisis has highlighted the lack of infrastructure and 
sanitation available in native communities. Addressing the Indian 
Health Service's Sanitation Facilities Deficiency List, as included in 
the 2018 report titled ``Annual Report to the Congress of the United 
States on Sanitation Deficiency Levels for Indian Homes and 
Communities'', will make investments in the necessary water 
infrastructure and, in turn, improve health outcomes.

SEC. 81612. INDIAN HEALTH SERVICES SANITATION FACILITIES CONSTRUCTION 
              PROGRAM FUNDING.

    (a) Additional Funding.--For the purpose described in subsection 
(b), in addition to any other funds available for such purpose, there 
is authorized to be appropriated to the Secretary of Health and Human 
Services a total of $2,670,000,000 for each of fiscal years 2020 
through 2024.
    (b) Purpose.--The purpose described in this subsection is the 
planning, design, construction, modernization, improvement, and 
renovation of water, sewer, and solid waste sanitation facilities that 
are funded, in whole or part, by the Indian Health Service through, or 
provided for in, a contract or compact with the Service under the 
Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 
et seq.).
    (c) Priority for Funding.--When awarding funding under this 
section, the Secretary of Health and Human Services, acting through the 
Director of the Indian Health Service, shall address the highest needs 
first as established in the 2018 report titled ``Annual Report to the 
Congress of the United States on Sanitation Deficiency Levels for 
Indian Homes and Communities''.

            Subtitle G--Navajo Utah Water Rights Settlement

SEC. 81711. PURPOSES.

    The purposes of this subtitle are--
            (1) to achieve a fair, equitable, and final settlement of 
        all claims to water rights in the State of Utah for--
                    (A) the Navajo Nation; and
                    (B) the United States, for the benefit of the 
                Nation;
            (2) to authorize, ratify, and confirm the Agreement entered 
        into by the Nation and the State, to the extent that the 
        Agreement is consistent with this subtitle;
            (3) to authorize and direct the Secretary--
                    (A) to execute the Agreement; and
                    (B) to take any actions necessary to carry out the 
                agreement in accordance with this subtitle; and
            (4) to authorize funds necessary for the implementation of 
        the Agreement and this subtitle.

SEC. 81712. DEFINITIONS.

    In this subtitle:
            (1) Agreement.--The term ``agreement'' means--
                    (A) the document entitled ``Navajo Utah Water 
                Rights Settlement Agreement'' dated December 14, 2015, 
                and the exhibits attached thereto; and
                    (B) any amendment or exhibit to the document or 
                exhibits referenced in subparagraph (A) to make the 
                document or exhibits consistent with this subtitle.
            (2) Allotment.--The term ``allotment'' means a parcel of 
        land--
                    (A) granted out of the public domain that is--
                            (i) located within the exterior boundaries 
                        of the Reservation; or
                            (ii) Bureau of Indian Affairs parcel number 
                        792 634511 in San Juan County, Utah, consisting 
                        of 160 acres located in Township 41S, Range 
                        20E, sections 11, 12, and 14, originally set 
                        aside by the United States for the benefit of 
                        an individual identified in the allotting 
                        document as a Navajo Indian; and
                    (B) held in trust by the United States--
                            (i) for the benefit of an individual, 
                        individuals, or an Indian Tribe other than the 
                        Navajo Nation; or
                            (ii) in part for the benefit of the Navajo 
                        Nation as of the enforceability date.
            (3) Allottee.--The term ``allottee'' means an individual or 
        Indian Tribe with a beneficial interest in an allotment held in 
        trust by the United States.
            (4) Enforceability date.--The term ``enforceability date'' 
        means the date on which the Secretary publishes in the Federal 
        Register the statement of findings described in section 
        81717(a).
            (5) General stream adjudication.--The term ``general stream 
        adjudication'' means the adjudication pending, as of the date 
        of enactment, in the Seventh Judicial District in and for Grand 
        County, State of Utah, commonly known as the ``Southeastern 
        Colorado River General Adjudication'', Civil No. 810704477, 
        conducted pursuant to State law.
            (6) Injury to water rights.--The term ``injury to water 
        rights'' means an interference with, diminution of, or 
        deprivation of water rights under Federal or State law, 
        excluding injuries to water quality.
            (7) Member.--The term ``member'' means any person who is a 
        duly enrolled member of the Navajo Nation.
            (8) Navajo nation or nation.--The term ``Navajo Nation'' or 
        ``Nation'' means a body politic and federally recognized Indian 
        nation, as published on the list established under section 
        104(a) of the Federally Recognized Indian Tribe List Act of 
        1994 (25 U.S.C. 5131(a)), also known variously as the ``Navajo 
        Nation'', the ``Navajo Nation of Arizona, New Mexico, & Utah'', 
        and the ``Navajo Nation of Indians'' and other similar names, 
        and includes all bands of Navajo Indians and chapters of the 
        Navajo Nation and all divisions, agencies, officers, and agents 
        thereof.
            (9) Navajo water development projects.--The term ``Navajo 
        water development projects'' means projects for domestic 
        municipal water supply, including distribution infrastructure, 
        and agricultural water conservation, to be constructed, in 
        whole or in part, using monies from the Navajo Water 
        Development Projects Account.
            (10) Navajo water rights.--The term ``Navajo water rights'' 
        means the Nation's water rights in Utah described in the 
        agreement and this subtitle.
            (11) OM&R.--The term ``OM&R'' means operation, maintenance, 
        and replacement.
            (12) Parties.--The term ``parties'' means the Navajo 
        Nation, the State, and the United States.
            (13) Reservation.--The term ``Reservation'' means, for 
        purposes of the agreement and this subtitle, the Reservation of 
        the Navajo Nation in Utah as in existence on the date of 
        enactment of this Act and depicted on the map attached to the 
        agreement as Exhibit A, including any parcel of land granted 
        out of the public domain and held in trust by the United States 
        entirely for the benefit of the Navajo Nation as of the 
        enforceability date.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of the United States Department of the Interior or a duly 
        authorized representative thereof.
            (15) State.--The term ``State'' means the State of Utah and 
        all officers, agents, departments, and political subdivisions 
        thereof.
            (16) United states.--The term ``United States'' means the 
        United States of America and all departments, agencies, 
        bureaus, officers, and agents thereof.
            (17) United states acting in its trust capacity.--The term 
        ``United States acting in its trust capacity'' means the United 
        States acting for the benefit of the Navajo Nation or for the 
        benefit of allottees.

SEC. 81713. RATIFICATION OF AGREEMENT.

    (a) Approval by Congress.--Except to the extent that any provision 
of the agreement conflicts with this subtitle, Congress approves, 
ratifies, and confirms the agreement (including any amendments to the 
agreement that are executed to make the agreement consistent with this 
subtitle).
    (b) Execution by Secretary.--The Secretary is authorized and 
directed to promptly execute the agreement to the extent that the 
agreement does not conflict with this subtitle, including--
            (1) any exhibits to the agreement requiring the signature 
        of the Secretary; and
            (2) any amendments to the agreement necessary to make the 
        agreement consistent with this subtitle.
    (c) Environmental Compliance.--
            (1) In general.--In implementing the agreement and this 
        subtitle, the Secretary shall comply with all applicable 
        provisions of--
                    (A) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (B) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.); and
                    (C) all other applicable environmental laws and 
                regulations.
            (2) Execution of the agreement.--Execution of the agreement 
        by the Secretary as provided for in this subtitle shall not 
        constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

SEC. 81714. NAVAJO WATER RIGHTS.

    (a) Confirmation of Navajo Water Rights.--
            (1) Quantification.--The Navajo Nation shall have the right 
        to use water from water sources located within Utah and 
        adjacent to or encompassed within the boundaries of the 
        Reservation resulting in depletions not to exceed 81,500 acre-
        feet annually as described in the agreement and as confirmed in 
        the decree entered by the general stream adjudication court.
            (2) Satisfaction of allottee rights.--Depletions resulting 
        from the use of water on an allotment shall be accounted for as 
        a depletion by the Navajo Nation for purposes of depletion 
        accounting under the agreement, including recognition of--
                    (A) any water use existing on an allotment as of 
                the date of enactment of this subtitle and as 
                subsequently reflected in the hydrographic survey 
                report referenced in section 81716(b);
                    (B) reasonable domestic and stock water uses put 
                into use on an allotment; and
                    (C) any allotment water rights that may be decreed 
                in the general stream adjudication or other appropriate 
                forum.
            (3) Satisfaction of on-reservation state law-based water 
        rights.--Depletions resulting from the use of water on the 
        Reservation pursuant to State law-based water rights existing 
        as of the date of enactment of this Act shall be accounted for 
        as depletions by the Navajo Nation for purposes of depletion 
        accounting under the agreement.
            (4) In general.--The Navajo water rights are ratified, 
        confirmed, and declared to be valid.
            (5) Use.--Any use of the Navajo water rights shall be 
        subject to the terms and conditions of the agreement and this 
        subtitle.
            (6) Conflict.--In the event of a conflict between the 
        agreement and this subtitle, the provisions of this subtitle 
        shall control.
    (b) Trust Status of Navajo Water Rights.--The Navajo water rights--
            (1) shall be held in trust by the United States for the use 
        and benefit of the Nation in accordance with the agreement and 
        this subtitle; and
            (2) shall not be subject to forfeiture or abandonment.
    (c) Authority of the Nation.--
            (1) In general.--The Nation shall have the authority to 
        allocate, distribute, and lease the Navajo water rights for any 
        use on the Reservation in accordance with the agreement, this 
        subtitle, and applicable Tribal and Federal law.
            (2) Off-reservation use.--The Nation may allocate, 
        distribute, and lease the Navajo water rights for off-
        Reservation use in accordance with the agreement, subject to 
        the approval of the Secretary.
            (3) Allottee water rights.--The Nation shall not object in 
        the general stream adjudication or other applicable forum to 
        the quantification of reasonable domestic and stock water uses 
        on an allotment, and shall administer any water use on the 
        Reservation in accordance with applicable Federal law, 
        including recognition of--
                    (A) any water use existing on an allotment as of 
                the date of enactment of this Act and as subsequently 
                reflected in the hydrographic survey report referenced 
                in section 81716(b);
                    (B) reasonable domestic and stock water uses on an 
                allotment; and
                    (C) any allotment water rights decreed in the 
                general stream adjudication or other appropriate forum.
    (d) Effect.--Except as otherwise expressly provided in this 
section, nothing in this subtitle--
            (1) authorizes any action by the Nation against the United 
        States under Federal, State, Tribal, or local law; or
            (2) alters or affects the status of any action brought 
        pursuant to section 1491(a) of title 28, United States Code.

SEC. 81715. NAVAJO TRUST ACCOUNTS.

    (a) Establishment.--The Secretary shall establish a trust fund, to 
be known as the ``Navajo Utah Settlement Trust Fund'' (referred to in 
this subtitle as the ``Trust Fund''), to be managed, invested, and 
distributed by the Secretary and to remain available until expended, 
consisting of the amounts deposited in the Trust Fund under subsection 
(c), together with any interest earned on those amounts, for the 
purpose of carrying out this subtitle.
    (b) Accounts.--The Secretary shall establish in the Trust Fund the 
following Accounts:
            (1) The Navajo Water Development Projects Account.
            (2) The Navajo OM&R Account.
    (c) Deposits.--The Secretary shall deposit in the Trust Fund 
Accounts--
            (1) in the Navajo Water Development Projects Account, the 
        amounts made available pursuant to section 81716(a)(1); and
            (2) in the Navajo OM&R Account, the amount made available 
        pursuant to section 81716(a)(2).
    (d) Management and Interest.--
            (1) Management.--Upon receipt and deposit of the funds into 
        the Trust Fund Accounts, the Secretary shall manage, invest, 
        and distribute all amounts in the Trust Fund in a manner that 
        is consistent with the investment authority of the Secretary 
        under--
                    (A) the first section of the Act of June 24, 1938 
                (25 U.S.C. 162a);
                    (B) the American Indian Trust Fund Management 
                Reform Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (C) this section.
            (2) Investment earnings.--In addition to the deposits under 
        subsection (c), any investment earnings, including interest, 
        credited to amounts held in the Trust Fund are authorized to be 
        appropriated to be used in accordance with the uses described 
        in subsection (h).
    (e) Availability of Amounts.--Amounts appropriated to, and 
deposited in, the Trust Fund, including any investment earnings, shall 
be made available to the Nation by the Secretary beginning on the 
enforceability date and subject to the uses and restrictions set forth 
in this section.
    (f) Withdrawals.--
            (1) Withdrawals under the american indian trust fund 
        management reform act of 1994.--The Nation may withdraw any 
        portion of the funds in the Trust Fund on approval by the 
        Secretary of a tribal management plan submitted by the Nation 
        in accordance with the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                    (A) Requirements.--In addition to the requirements 
                under the American Indian Trust Fund Management Reform 
                Act of 1994 (25 U.S.C. 4001 et seq.), the Tribal 
                management plan under this paragraph shall require that 
                the Nation shall spend all amounts withdrawn from the 
                Trust Fund and any investment earnings accrued through 
                the investments under the Tribal management plan in 
                accordance with this subtitle.
                    (B) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce the Tribal 
                management plan to ensure that amounts withdrawn by the 
                Nation from the Trust Fund under this paragraph are 
                used in accordance with this subtitle.
            (2) Withdrawals under expenditure plan.--The Nation may 
        submit to the Secretary a request to withdraw funds from the 
        Trust Fund pursuant to an approved expenditure plan.
                    (A) Requirements.--To be eligible to withdraw funds 
                under an expenditure plan under this paragraph, the 
                Nation shall submit to the Secretary for approval an 
                expenditure plan for any portion of the Trust Fund that 
                the Nation elects to withdraw pursuant to this 
                paragraph, subject to the condition that the funds 
                shall be used for the purposes described in this 
                subtitle.
                    (B) Inclusions.--An expenditure plan under this 
                paragraph shall include a description of the manner and 
                purpose for which the amounts proposed to be withdrawn 
                from the Trust Fund will be used by the Nation, in 
                accordance with subsections (c) and (h).
                    (C) Approval.--On receipt of an expenditure plan 
                under this paragraph, the Secretary shall approve the 
                plan, if the Secretary determines that the plan--
                            (i) is reasonable;
                            (ii) is consistent with, and will be used 
                        for, the purposes of this subtitle; and
                            (iii) contains a schedule which described 
                        that tasks will be completed within 18 months 
                        of receipt of withdrawn amounts.
                    (D) Enforcement.--The Secretary may carry out such 
                judicial and administrative actions as the Secretary 
                determines to be necessary to enforce an expenditure 
                plan to ensure that amounts disbursed under this 
                paragraph are used in accordance with this subtitle.
    (g) Effect of Act.--Nothing in this subtitle gives the Nation the 
right to judicial review of a determination of the Secretary regarding 
whether to approve a Tribal management plan or an expenditure plan 
except under subchapter II of chapter 5, and chapter 7, of title 5, 
United States Code (commonly known as the ``Administrative Procedure 
Act'').
    (h) Uses.--Amounts from the Trust Fund shall be used by the Nation 
for the following purposes:
            (1) The Navajo Water Development Projects Account shall be 
        used to plan, design, and construct the Navajo water 
        development projects and for the conduct of related activities, 
        including to comply with Federal environmental laws.
            (2) The Navajo OM&R Account shall be used for the 
        operation, maintenance, and replacement of the Navajo water 
        development projects.
    (i) Liability.--The Secretary and the Secretary of the Treasury 
shall not be liable for the expenditure or investment of any amounts 
withdrawn from the Trust Fund by the Nation under subsection (f).
    (j) No Per Capita Distributions.--No portion of the Trust Fund 
shall be distributed on a per capita basis to any member of the Nation.
    (k) Expenditure Reports.--The Navajo Nation shall submit to the 
Secretary annually an expenditure report describing accomplishments and 
amounts spent from use of withdrawals under a Tribal management plan or 
an expenditure plan as described in this subtitle.

SEC. 81716. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated to the 
Secretary--
            (1) for deposit in the Navajo Water Development Projects 
        Account of the Trust Fund established under section 
        81715(b)(1), $198,300,000, which funds shall be retained until 
        expended, withdrawn, or reverted to the general fund of the 
        Treasury; and
            (2) for deposit in the Navajo OM&R Account of the Trust 
        Fund established under section 81715(b)(2), $11,100,000, which 
        funds shall be retained until expended, withdrawn, or reverted 
        to the general fund of the Treasury.
    (b) Implementation Costs.--There is authorized to be appropriated 
non-trust funds in the amount of $1,000,000 to assist the United States 
with costs associated with the implementation of the subtitle, 
including the preparation of a hydrographic survey of historic and 
existing water uses on the Reservation and on allotments.
    (c) State Cost Share.--The State shall contribute $8,000,000 
payable to the Secretary for deposit into the Navajo Water Development 
Projects Account of the Trust Fund established under section 
81715(b)(1) in installments in each of the 3 years following the 
execution of the agreement by the Secretary as provided for in 
subsection (b) of section 81713.
    (d) Fluctuation in Costs.--The amount authorized to be appropriated 
under subsection (a) shall be increased or decreased, as appropriate, 
by such amounts as may be justified by reason of ordinary fluctuations 
in costs occurring after the date of enactment of this Act as indicated 
by the Bureau of Reclamation Construction Cost Index--Composite Trend.
            (1) Repetition.--The adjustment process under this 
        subsection shall be repeated for each subsequent amount 
        appropriated until the amount authorized, as adjusted, has been 
        appropriated.
            (2) Period of indexing.--The period of indexing adjustment 
        for any increment of funding shall end on the date on which 
        funds are deposited into the Trust Fund.

SEC. 81717. CONDITIONS PRECEDENT.

    (a) In General.--The waivers and release contained in section 81718 
of this subtitle shall become effective as of the date the Secretary 
causes to be published in the Federal Register a statement of findings 
that--
            (1) to the extent that the agreement conflicts with the 
        Act, the agreement has been revised to conform with this 
        subtitle;
            (2) the agreement, so revised, including waivers and 
        releases of claims set forth in section 81718, has been 
        executed by the parties, including the United States;
            (3) Congress has fully appropriated, or the Secretary has 
        provided from other authorized sources, all funds authorized 
        under subsection (a) of section 81716;
            (4) the State has enacted any necessary legislation and 
        provided the funding required under the agreement and 
        subsection (c) of section 81716; and
            (5) the court has entered a final or interlocutory decree 
        that--
                    (A) confirms the Navajo water rights consistent 
                with the agreement and this subtitle; and
                    (B) with respect to the Navajo water rights, is 
                final and nonappealable.
    (b) Expiration Date.--If all the conditions precedent described in 
subsection (a) have not been fulfilled to allow the Secretary's 
statement of findings to be published in the Federal Register by 
October 31, 2030--
            (1) the agreement and this subtitle, including waivers and 
        releases of claims described in those documents, shall no 
        longer be effective;
            (2) any funds that have been appropriated pursuant to 
        section 81716 but not expended, including any investment 
        earnings on funds that have been appropriated pursuant to such 
        section, shall immediately revert to the general fund of the 
        Treasury; and
            (3) any funds contributed by the State pursuant to 
        subsection (c) of section 81716 but not expended shall be 
        returned immediately to the State.
    (c) Extension.--The expiration date set forth in subsection (b) may 
be extended if the Navajo Nation, the State, and the United States 
(acting through the Secretary) agree that an extension is reasonably 
necessary.

SEC. 81718. WAIVERS AND RELEASES.

    (a) In General.--
            (1) Waiver and release of claims by the nation and the 
        united states acting in its capacity as trustee for the 
        nation.--Subject to the retention of rights set forth in 
        subsection (c), in return for confirmation of the Navajo water 
        rights and other benefits set forth in the agreement and this 
        subtitle, the Nation, on behalf of itself and the members of 
        the Nation (other than members in their capacity as allottees), 
        and the United States, acting as trustee for the Nation and 
        members of the Nation (other than members in their capacity as 
        allottees), are authorized and directed to execute a waiver and 
        release of--
                    (A) all claims for water rights within Utah based 
                on any and all legal theories that the Navajo Nation or 
                the United States acting in its trust capacity for the 
                Nation, asserted, or could have asserted, at any time 
                in any proceeding, including to the general stream 
                adjudication, up to and including the enforceability 
                date, except to the extent that such rights are 
                recognized in the agreement and this subtitle; and
                    (B) all claims for damages, losses, or injuries to 
                water rights or claims of interference with, diversion, 
                or taking of water rights (including claims for injury 
                to lands resulting from such damages, losses, injuries, 
                interference with, diversion, or taking of water 
                rights) within Utah against the State, or any person, 
                entity, corporation, or municipality, that accrued at 
                any time up to and including the enforceability date.
    (b) Claims by the Navajo Nation Against the United States.--The 
Navajo Nation, on behalf of itself (including in its capacity as 
allottee) and its members (other than members in their capacity as 
allottees), shall execute a waiver and release of--
            (1) all claims the Navajo Nation may have against the 
        United States relating in any manner to claims for water rights 
        in, or water of, Utah that the United States acting in its 
        trust capacity for the Nation asserted, or could have asserted, 
        in any proceeding, including the general stream adjudication;
            (2) all claims the Navajo Nation may have against the 
        United States relating in any manner to damages, losses, or 
        injuries to water, water rights, land, or other resources due 
        to loss of water or water rights (including damages, losses, or 
        injuries to hunting, fishing, gathering, or cultural rights due 
        to loss of water or water rights; claims relating to 
        interference with, diversion, or taking of water; or claims 
        relating to failure to protect, acquire, replace, or develop 
        water or water rights) within Utah that first accrued at any 
        time up to and including the enforceability date;
            (3) all claims the Nation may have against the United 
        States relating in any manner to the litigation of claims 
        relating to the Nation's water rights in proceedings in Utah; 
        and
            (4) all claims the Nation may have against the United 
        States relating in any manner to the negotiation, execution, or 
        adoption of the agreement or this subtitle.
    (c) Reservation of Rights and Retention of Claims by the Navajo 
Nation and the United States.--Notwithstanding the waivers and releases 
authorized in this subtitle, the Navajo Nation, and the United States 
acting in its trust capacity for the Nation, retain--
            (1) all claims for injuries to and the enforcement of the 
        agreement and the final or interlocutory decree entered in the 
        general stream adjudication, through such legal and equitable 
        remedies as may be available in the decree court or the Federal 
        District Court for the District of Utah;
            (2) all rights to use and protect water rights acquired 
        after the enforceability date;
            (3) all claims relating to activities affecting the quality 
        of water, including any claims under the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq. (including claims for damages to 
        natural resources)), the Safe Drinking Water Act (42 U.S.C. 
        300f et seq.), and the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), the regulations implementing those Acts, 
        and the common law;
            (4) all claims for water rights, and claims for injury to 
        water rights, in states other than the State of Utah;
            (5) all claims, including environmental claims, under any 
        laws (including regulations and common law) relating to human 
        health, safety, or the environment; and
            (6) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to the 
        agreement and this subtitle.
    (d) Effect.--Nothing in the agreement or this subtitle--
            (1) affects the ability of the United States acting in its 
        sovereign capacity to take actions authorized by law, including 
        any laws relating to health, safety, or the environment, 
        including the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
        and the regulations implementing those laws;
            (2) affects the ability of the United States to take 
        actions in its capacity as trustee for any other Indian Tribe 
        or allottee;
            (3) confers jurisdiction on any State court to--
                    (A) interpret Federal law regarding health, safety, 
                or the environment or determine the duties of the 
                United States or other parties pursuant to such Federal 
                law; and
                    (B) conduct judicial review of Federal agency 
                action; or
            (4) modifies, conflicts with, preempts, or otherwise 
        affects--
                    (A) the Boulder Canyon Project Act (43 U.S.C. 617 
                et seq.);
                    (B) the Boulder Canyon Project Adjustment Act (43 
                U.S.C. 618 et seq.);
                    (C) the Act of April 11, 1956 (commonly known as 
                the ``Colorado River Storage Project Act'') (43 U.S.C. 
                620 et seq.);
                    (D) the Colorado River Basin Project Act (43 U.S.C. 
                1501 et seq.);
                    (E) the Treaty between the United States of America 
                and Mexico respecting utilization of waters of the 
                Colorado and Tijuana Rivers and of the Rio Grande, 
                signed at Washington February 3, 1944 (59 Stat. 1219);
                    (F) the Colorado River Compact of 1922, as approved 
                by the Presidential Proclamation of June 25, 1929 (46 
                Stat. 3000); and
                    (G) the Upper Colorado River Basin Compact as 
                consented to by the Act of April 6, 1949 (63 Stat. 31, 
                chapter 48).
    (e) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim waived by the 
        Navajo Nation described in this section shall be tolled for the 
        period beginning on the date of enactment of this Act and 
        ending on the enforceability date.
            (2) Effect of subsection.--Nothing in this subsection 
        revives any claim or tolls any period of limitation or time-
        based equitable defense that expired before the date of 
        enactment of this Act.
            (3) Limitation.--Nothing in this section precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.

SEC. 81719. MISCELLANEOUS PROVISIONS.

    (a) Precedent.--Nothing in this subtitle establishes any standard 
for the quantification or litigation of Federal reserved water rights 
or any other Indian water claims of any other Indian Tribe in any other 
judicial or administrative proceeding.
    (b) Other Indian Tribes.--Nothing in the agreement or this subtitle 
shall be construed in any way to quantify or otherwise adversely affect 
the water rights, claims, or entitlements to water of any Indian Tribe, 
band, or community, other than the Navajo Nation.

SEC. 81720. RELATION TO ALLOTTEES.

    (a) No Effect on Claims of Allottees.--Nothing in this subtitle or 
the agreement shall affect the rights or claims of allottees, or the 
United States, acting in its capacity as trustee for or on behalf of 
allottees, for water rights or damages related to lands allotted by the 
United States to allottees, except as provided in section 81714(a)(2).
    (b) Relationship of Decree to Allottees.--Allottees, or the United 
States, acting in its capacity as trustee for allottees, are not bound 
by any decree entered in the general stream adjudication confirming the 
Navajo water rights and shall not be precluded from making claims to 
water rights in the general stream adjudication. Allottees, or the 
United States, acting in its capacity as trustee for allottees, may 
make claims and such claims may be adjudicated as individual water 
rights in the general stream adjudication.

SEC. 81721. ANTIDEFICIENCY.

    The United States shall not be liable for any failure to carry out 
any obligation or activity authorized by this subtitle (including any 
obligation or activity under the agreement) if adequate appropriations 
are not provided expressly by Congress to carry out the purposes of 
this subtitle.

          TITLE II--NATIONAL PARKS, FORESTS, AND PUBLIC LANDS

              Subtitle A--Public Lands Telecommunications

SEC. 82101. DEFINITIONS.

    In this Act:
            (1) Communications site.--The term ``communications site'' 
        means an area of Federal lands designated for 
        telecommunications uses.
            (2) Communications use.--The term ``communications use'' 
        means the placement and operation of infrastructure for 
        wireline or wireless telecommunications, including cable 
        television, television, and radio communications, regardless of 
        whether such placement and operation is pursuant to a license 
        issued by the Federal Communications Commission or on an 
        unlicensed basis in accordance with the regulations of the 
        Commission. The term includes ancillary activities, uses, or 
        facilities directly related to such placement and operation.
            (3) Communications use authorization.--The term 
        ``communications use authorization'' means a right-of-way, 
        permit, or lease granted, issued, or executed by a Federal land 
        management agency for the primary purpose of authorizing the 
        occupancy and use of Federal lands for communications use.
            (4) Federal land management agency.--The term ``Federal 
        land management agency'' means the National Park Service, the 
        United States Fish and Wildlife Service, the Bureau of Land 
        Management, and the Bureau of Reclamation.
            (5) Federal lands.--The term ``Federal lands'' means lands 
        under the jurisdiction and management of a Federal land 
        management agency.
            (6) Rental fee.--The term ``rental fee'' means the fee 
        collected by a Federal land management agency for the occupancy 
        and use authorized by a communications use authorization 
        pursuant to and consistent with authorizing law.

SEC. 82102. COLLECTION AND RETENTION OF RENTAL FEES ASSOCIATED WITH 
              COMMUNICATIONS USE AUTHORIZATIONS ON FEDERAL LANDS AND 
              FEDERAL LAND MANAGEMENT AGENCY SUPPORT FOR COMMUNICATION 
              SITE PROGRAMS.

    (a) Special Account Required.--The Secretary of the Treasury shall 
establish a special account in the Treasury for each Federal land 
management agency for the deposit of rental fees received by the 
Federal land management agency for communications use authorizations on 
Federal lands granted, issued, or executed by the Federal land 
management agency.
    (b) Competitively Neutral.--Notwithstanding any other provision of 
law, any rental fees collected pursuant to this Act shall be 
competitively neutral, technology neutral, and nondiscriminatory with 
respect to other uses of the communication site.
    (c) Rental Fees.--
            (1) Limitation on amount of rental fees.--Rental fees shall 
        not exceed the fee schedules published by the Secretary of the 
        Interior for communication use rights-of-way.
            (2) Revision of rental fee schedules for communication 
        sites rights of way.--Not later than 1 year after the date of 
        the enactment of this Act, through a public process that 
        includes consideration of industry comments, the Secretary of 
        the Interior shall revise the communication sites rights-of-way 
        rental fee schedule to reflect current communication 
        technologies, including the physical footprint of such 
        technologies.
    (d) Deposit and Retention of Rental Fees.--Rental fees received by 
a Federal land management agency shall--
            (1) be deposited in the special account established for 
        that Federal land management agency; and
            (2) remain available for expenditure under subsection (e), 
        to the extent and in such amounts as are provided in advance in 
        appropriation Acts.
    (e) Expenditure of Retained Fees.--Amounts deposited in the special 
account for a Federal land management agency shall be used solely for 
Federal land management agency activities related to communications 
sites, including the following:
            (1) Administering communications use authorizations, 
        including cooperative agreements under section 4.
            (2) Preparing needs assessments or other programmatic 
        analyses necessary to establish communications sites and 
        authorize communications uses on or adjacent to Federal lands.
            (3) Developing management plans for communications sites on 
        or adjacent to Federal lands on a competitively neutral, 
        technology neutral, nondiscriminatory basis.
            (4) Training for management of communications sites on or 
        adjacent to Federal lands.
            (5) Obtaining, improving access to, or establishing 
        communications sites on or adjacent to Federal lands.
    (f) No Effect on Other Fee Retention Authorities.--This Act shall 
not limit or otherwise affect fee retention by a Federal land 
management agency under any other authority.

SEC. 82103. COOPERATIVE AGREEMENT AUTHORITY.

    The Secretary of the Interior may enter into cooperative agreements 
to carry out the activities described in section 3(e).

                      Subtitle B--Outdoors for All

SEC. 82201. DEFINITIONS.

    In this Act:
            (1) Eligible entity.--
                    (A) In general.--The term ``eligible entity'' 
                means--
                            (i) a State;
                            (ii) a political subdivision of a State, 
                        including--
                                    (I) a city; and
                                    (II) a county;
                            (iii) a special purpose district, including 
                        park districts; and
                            (iv) an Indian tribe (as defined in section 
                        4 of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 5304)).
                    (B) Political subdivisions and indian tribes.--A 
                political subdivision of a State or an Indian tribe 
                shall be considered an eligible entity only if the 
                political subdivision or Indian tribe represents or 
                otherwise serves a qualifying urban area.
            (2) Outdoor recreation legacy partnership grant program.--
        The term ``Outdoor Recreation Legacy Partnership Grant 
        Program'' means the program established under section 3(a).
            (3) Qualifying urban area.--The term ``qualifying urban 
        area'' means an area identified by the Census Bureau as an 
        ``urban area'' in the most recent census.
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 82202. GRANTS AUTHORIZED.

    (a) In General.--The Secretary shall establish an outdoor 
recreation legacy partnership grant program under which the Secretary 
may award grants to eligible entities for projects--
            (1) to acquire land and water for parks and other outdoor 
        recreation purposes; and
            (2) to develop new or renovate existing outdoor recreation 
        facilities.
    (b) Matching Requirement.--
            (1) In general.--As a condition of receiving a grant under 
        subsection (a), an eligible entity shall provide matching funds 
        in the form of cash or an in-kind contribution in an amount 
        equal to not less than 100 percent of the amounts made 
        available under the grant.
            (2) Sources.--The matching amounts referred to in paragraph 
        (1) may include amounts made available from State, local, 
        nongovernmental, or private sources.
            (3) Waiver.--The Secretary may waive all or part of the 
        matching requirement under paragraph (1) if the Secretary 
        determines that--
                    (A) no reasonable means are available through which 
                an applicant can meet the matching requirement; and
                    (B) the probable benefit of such project outweighs 
                the public interest in such matching requirement.

SEC. 82203. ELIGIBLE USES.

    (a) In General.--A grant recipient may use a grant awarded under 
this Act--
            (1) to acquire land or water that provides outdoor 
        recreation opportunities to the public; and
            (2) to develop or renovate outdoor recreational facilities 
        that provide outdoor recreation opportunities to the public, 
        with priority given to projects that--
                    (A) create or significantly enhance access to park 
                and recreational opportunities in an urban neighborhood 
                or community;
                    (B) engage and empower underserved communities and 
                youth;
                    (C) provide opportunities for youth employment or 
                job training;
                    (D) establish or expand public-private 
                partnerships, with a focus on leveraging resources; and
                    (E) take advantage of coordination among various 
                levels of government.
    (b) Limitations on Use.--A grant recipient may not use grant funds 
for--
            (1) grant administration costs;
            (2) incidental costs related to land acquisition, including 
        appraisal and titling;
            (3) operation and maintenance activities;
            (4) facilities that support semiprofessional or 
        professional athletics;
            (5) indoor facilities such as recreation centers or 
        facilities that support primarily non-outdoor purposes; or
            (6) acquisition of land or interests in land that restrict 
        access to specific persons.

SEC. 82204. NATIONAL PARK SERVICE REQUIREMENTS.

    In carrying out the Outdoor Recreation Legacy Partnership Grant 
Program, the Secretary shall--
            (1) conduct an initial screening and technical review of 
        applications received; and
            (2) evaluate and score all qualifying applications.

SEC. 82205. REPORTING.

    (a) Annual Reports.--Not later than 30 days after the last day of 
each report period, each State lead agency that receives a grant under 
this Act shall annually submit to the Secretary performance and 
financial reports that--
            (1) summarize project activities conducted during the 
        report period; and
            (2) provide the status of the project.
    (b) Final Reports.--Not later than 90 days after the earlier of the 
date of expiration of a project period or the completion of a project, 
each State lead agency that receives a grant under this Act shall 
submit to the Secretary a final report containing such information as 
the Secretary may require.

SEC. 82206. REVENUE SHARING.

    Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 
2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended by inserting 
before the period at the end ``, of which 20 percent for each of fiscal 
years 2020 through 2058 shall be used by the Secretary of the Interior 
to provide grants under the Outdoor Recreation Legacy Partnership Grant 
Program Act''.

                Subtitle C--Updated Borrowing Authority

SEC. 82301. PRESIDIO TRUST BORROWING AUTHORITY.

    Section 104(d)(2) of Public Law 104-333 is amended by striking the 
first sentence and inserting the following: ``The Trust shall also have 
the authority to issue obligations to the Secretary of the Treasury and 
the Secretary of the Treasury shall purchase such obligations.''.

 Subtitle D--Forest Service Legacy Roads and Trails Remediation Program

SEC. 82401. FOREST SERVICE LEGACY ROADS AND TRAILS REMEDIATION PROGRAM.

    (a) In General.--The Secretary of Agriculture shall establish and 
maintain a Forest Service Legacy Roads and Trails Remediation Program 
(referred to in this section as the ``Program'') within the National 
Forest System--
            (1) to restore fish and other aquatic organism passage by 
        removing or replacing unnatural barriers to the passage of fish 
        and other aquatic organisms;
            (2) to decommission unneeded roads and trails; and
            (3) to carry out associated activities.
    (b) Priority.--In implementing the Program, the Secretary shall 
give priority to projects that protect or restore--
            (1) water quality;
            (2) watersheds that feed public drinking water systems; or
            (3) habitat for threatened, endangered, and sensitive fish 
        and wildlife species.
    (c) National Program Strategy.--Not later than 180 days after the 
date of enactment of this Act, the Chief of the Forest Service shall 
develop a national strategy for implementing the Program and share the 
national strategy with the Committee on Natural Resources, Committee on 
Agriculture, and Committee on Appropriations of the House of 
Representatives, and the Committee on Appropriations, Committee on 
Agriculture, Nutrition, and Forestry, and the Committee on Energy and 
Natural Resources of the Senate.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this section $50,000,000 for 
each of fiscal years 2021 through 2023, to remain available until 
expended.

                        Subtitle E--Long Bridge

SEC. 82501. AUTHORIZATION OF NATIONAL PARK SERVICE CONVEYANCES.

    (a) On request of the State of Virginia or the District of 
Columbia, as applicable, the Secretary of the Interior (acting through 
the Director of the National Park Service) (referred to in this section 
as the ``Secretary'') may, subject to any terms and conditions that the 
Secretary determines to be necessary, convey to the State of Virginia 
or the District of Columbia, as applicable, any Federal land or 
interest in Federal land under the jurisdiction of the Secretary that 
is identified by the State of Virginia or the District of Columbia, as 
applicable, as necessary for the Long Bridge Project, which is a 
project consisting of improvements to the Long Bridge and related 
railroad infrastructure between Rossyln (RO) Interlocking in Arlington, 
Virginia, and L'Enfant (LE) Interlocking near 10th Street SW in 
Washington, DC, the purpose of which is to expand commuter and regional 
passenger rail service and provide bicycle and pedestrian access 
crossings over the Potomac River.
    (b) If any portion of the Federal land or interest in Federal land 
conveyed under subsection (a) is no longer being used for railroad 
purposes or recreational use, the portion of the Federal land or 
interest in the portion of the land shall revert to the Secretary, on a 
determination by the Secretary that the portion of the Federal land has 
been remediated and restored to a condition determined to be 
satisfactory by the Secretary.
    (c) The Secretary may permit the temporary use of any Federal land 
under the jurisdiction of the Secretary that is identified by the State 
of Virginia or the District of Columbia, as applicable, as necessary 
for the construction of the project described in subsection (a), 
subject to any terms and conditions determined to be necessary by the 
Secretary.
    (d) Notwithstanding any other provision of law, the Secretary may 
recover from the State of Virginia or the District of Columbia, as 
applicable, all costs incurred by the Secretary in providing or 
procuring necessary services associated with a conveyance under 
subsection (a) or use authorized under subsection (c), with such 
amounts to remain available to the Secretary until expended, without 
further appropriation.

          Subtitle F--Western Riverside County Wildlife Refuge

SEC. 82601.

    The Secretary of the Interior (in this subtitle referred to as the 
``Secretary''), acting through the U.S. Fish and Wildlife Service, 
shall establish as a national wildlife refuge the lands, waters, and 
interests therein acquired under section 82604. The national wildlife 
refuge shall be known as the Western Riverside County National Wildlife 
Refuge (in this subtitle referred to as the ``Wildlife Refuge'').

SEC. 82602. PURPOSE.

    The purpose of the Wildlife Refuge shall be--
            (1) to conserve, manage, and restore wildlife habitats for 
        the benefit of present and future generations of Americans;
            (2) to conserve species listed as threatened or endangered 
        under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.) or the California Endangered Species Act (California Fish 
        and Game Code 2050-2068), or which is a covered species under 
        the Western Riverside County Multiple Species Habitat 
        Conservation Plan;
            (3) to support the recovery and protection of threatened 
        and endangered species under the Endangered Species Act of 1973 
        (16 U.S.C. 1531 et seq.); and
            (4) to provide for wildlife habitat connectivity and 
        migratory corridors within the Western Riverside County 
        Multiple Species Habitat Conservation Plan Area.

SEC. 82603. NOTIFICATION OF ESTABLISHMENT.

    The Secretary shall publish notice of the establishment of the 
Wildlife Refuge in the Federal Register.

SEC. 82604. BOUNDARIES.

    The Secretary shall include within the boundaries of the Wildlife 
Refuge the lands and waters within the Western Riverside County 
Multiple Species Habitat Conservation Plan Area (as depicted on maps 
and described in the Final Western Riverside County Multiple Species 
Habitat Conservation Plan dated June 17, 2003) that are owned by the 
Federal government, a State, or a political subdivision of a State on 
the date of enactment.

SEC. 82605. ADMINISTRATION.

    (a) In General.--Upon the establishment of the Wildlife Refuge and 
thereafter, the Secretary shall administer all federally owned lands, 
waters, and interests in the Wildlife Refuge in accordance with the 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd et seq.) and this subtitle. The Secretary may use such additional 
statutory authority as may be available to the Secretary for the 
conservation, management, and restoration of fish and wildlife and 
natural resources, the development of compatible wildlife dependent 
outdoor recreation opportunities, and the facilitation of fish and 
wildlife interpretation and education as the Secretary considers 
appropriate to carry out the purposes of this subtitle and serve the 
objectives of the Western Riverside County Multiple Species Habitat 
Conservation Plan.
    (b) Cooperative Agreements Regarding Non-Federal Lands.--The 
Secretary may enter into cooperative agreements with the State of 
California, any political subdivision thereof, or any other person--
            (1) for the management, in a manner consistent with this 
        subtitle and the Western Riverside County Multiple Species 
        Habitat Conservation Plan, of lands that are owned by such 
        State, subdivision, or other person and located within the 
        boundaries of the Wildlife Refuge;
            (2) to promote public awareness of the natural resources of 
        the Western Riverside County Multiple Species Habitat 
        Conservation Plan Area; or
            (3) to encourage public participation in the conservation 
        of those resources.

SEC. 82606. ACQUISITION AND TRANSFERS OF LANDS AND WATERS FOR WILDLIFE 
              REFUGE.

    (a) Acquisitions.--The Secretary shall acquire by donation, 
purchase with appropriated funds, or exchange the lands and water, or 
interest therein (including conservation easements), within the 
boundaries of the Wildlife Refuge, except that the lands, water, and 
interests therein owned by the State of California and its political 
subdivisions may be acquired only by donation.
    (b) Transfers.--
            (1) In general.--The head of any Federal department or 
        agency, including any agency within the Department of the 
        Interior, that has jurisdiction of any Federal property located 
        within the boundaries of the Wildlife Refuge as described by 
        this subtitle shall, not later than 1 year after the date of 
        the enactment of this Act, submit to the Secretary an 
        assessment of the suitability of such property for inclusion in 
        the Wildlife Refuge.
            (2) Assessment.--Any assessment under paragraph (1) shall 
        include--
                    (A) parcel descriptions and best existing land 
                surveys for such property;
                    (B) a list of existing special reservations, 
                designations, or purposes of the property;
                    (C) a list of all known or suspected hazardous 
                substance contamination of such property, and any 
                facilities, surface water, or groundwater on such 
                property;
                    (D) the status of withdrawal of such property 
                from--
                            (i) the Mineral Leasing Act; and
                            (ii) the General Mining Act of 1872; and
                    (E) a recommendation as to whether such property is 
                or is not suitable for inclusion in the Wildlife 
                Refuge.
            (3) Inclusion in wildlife refuge.--
                    (A) In general.--The Secretary shall, not later 
                than 60 days after receiving an assessment submitted 
                pursuant to paragraph (1), determine if the property 
                described in such assessment is suitable for inclusion 
                in the Wildlife Refuge.
                    (B) Transfer.--If the Secretary determines the 
                property in an assessment submitted under paragraph (1) 
                is suitable for inclusion in the Wildlife Refuge, the 
                head of the Federal department or agency that has 
                jurisdiction of such property shall transfer such 
                property to the administrative jurisdiction of the 
                Secretary for the purposes of this subtitle.
            (4) Property unsuitable for inclusion.--Property determined 
        by the Secretary to be unsuitable for inclusion in the Wildlife 
        Refuge based on an assessment submitted under paragraph (1) 
        shall be subsequently transferred to the Secretary for purposes 
        of this subtitle by the head of the department or agency that 
        has jurisdiction of such property if such property becomes 
        suitable for inclusion in the Wildlife Refuge as determined by 
        the Secretary in consultation with the head of the department 
        or agency that has jurisdiction of such property.
            (5) Public access.--If property transferred to the 
        Secretary under this subsection allows for public access at the 
        time of transfer, such access shall be maintained unless such 
        access--
                    (A) would be incompatible with the purposes of the 
                Wildlife Refuge;
                    (B) would jeopardize public health or safety; or
                    (C) must be limited due to emergency circumstances.

                    Subtitle G--Tribal Land to Trust

SEC. 82701. LANDS TO BE TAKEN INTO TRUST.

    (a) In General.--The approximately 2,560 acres of land owned by the 
Agua Caliente Band of Cahuilla Indians, numbered 16, 21, 27, and 29 and 
generally depicted as ``BLM Exchange Lands (2,560 Acres)'' on the map 
titled ``ACBCI/BLM LAND EXCHANGE'' is hereby taken into trust for the 
benefit of the Agua Caliente Band of Cahuilla Indians.
    (b) Lands Part of Reservation.--Lands taken into trust by this 
section shall be part of the Tribe's reservation and shall be 
administered in accordance with the laws and regulations generally 
applicable to property held in trust by the United States for an Indian 
tribe.
    (c) Gaming Prohibited.--Lands taken into trust by this section for 
the benefit of the Agua Caliente Band of Cahuilla Indians shall not be 
eligible for gaming under the Indian Gaming Regulatory Act (25 U.S.C. 
2701 et seq.).

                     TITLE III--OCEANS AND WILDLIFE

     Subtitle A--Coastal and Great Lakes Resiliency and Restoration

SEC. 83101. SHOVEL-READY RESTORATION AND RESILIENCY GRANT PROGRAM.

    (a) Establishment.--The Secretary shall establish a grant program 
to provide funding and technical assistance to eligible entities for 
purposes of carrying out a project described in subsection (d).
    (b) Project Proposal.--To be considered for a grant under this 
section, an eligible entity shall submit a grant proposal to the 
Secretary in a time, place, and manner determined by the Secretary. 
Such proposal shall include monitoring, data collection, and measurable 
performance criteria with respect to the project.
    (c) Development of Criteria.--The Secretary shall select eligible 
entities to receive grants under this section based on criteria 
developed by the Secretary, in consultation with relevant offices of 
the National Oceanic and Atmospheric Administration, such as the Office 
of Habitat Conservation and the Office for Coastal Management.
    (d) Eligible Projects.--A project is described in this section if--
            (1) the purpose of the project is to restore a marine, 
        estuarine, coastal, or Great Lake habitat, including--
                    (A) restoration of habitat to protect or recover a 
                species that is threatened, endangered, or a species of 
                concern under the Endangered Species Act of 1973 (16 
                U.S.C. 1531 et seq.);
                    (B) through the removal or remediation of marine 
                debris, including derelict vessels and fishing gear, in 
                coastal and marine habitats; and
                    (C) for the benefit of--
                            (i) shellfish;
                            (ii) fish, including diadromous fish; or
                            (iii) coral reefs; or
            (2) the project provides adaptation to climate change, 
        including--
                    (A) by constructing or protecting ecological 
                features or green infrastructure that protects coastal 
                communities from sea level rise, coastal storms, or 
                flooding; and
                    (B) blue carbon projects.
    (e) Priority.--In determining which projects to fund under this 
section, the Secretary shall give priority to a proposed project--
            (1) that would stimulate the economy;
            (2) for which the applicant can demonstrate that the grant 
        will fund work that will begin not more than 90 days after the 
        date of the award;
            (3) for which the applicant can demonstrate that the grant 
        will fund work that will employ fishermen who have been 
        negatively impacted by the COVID-19 pandemic or pay a fisherman 
        for the use of a fishing vessel or employ a fisherman that has 
        been significantly impacted by unfair methods of competition or 
        other actions from foreign governments, as determined by the 
        United States Trade Representative, to supplant domestic 
        seafood production or fish products;
            (4) for which the applicant can demonstrate that any 
        preliminary study or permit required before the project can 
        begin has been completed or can be completed shortly after an 
        award is made; or
            (5) that includes communities that may not have adequate 
        resources, including low-income communities, communities of 
        color, Tribal communities, and rural communities.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated $3,000,000,000 for fiscal year 2020 to the Secretary of 
Commerce to carry out this section, to remain available until expended.
    (g) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means a 
        nonprofit, a for-profit business, an institution of higher 
        education (as such term is defined in section 101(a) of the 
        Higher Education Act of 1965 (20 U.S.C. 1001(a))), a State, 
        local, Tribal, or territorial government, or, with respect to a 
        project described in subsection (d)(3).
            (2) Fisherman.--The term ``fisherman'' means a commercial 
        or for-hire fisherman or an oyster farmer.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Administrator of the National 
        Oceanic and Atmospheric Administration.

SEC. 83102. LIVING SHORELINE GRANT PROGRAM.

    (a) Establishment.--The Administrator shall make grants to eligible 
entities for purposes of--
            (1) designing and implementing large- and small-scale, 
        climate-resilient living shoreline projects; and
            (2) applying innovative uses of natural materials and 
        systems to protect coastal communities, habitats, and natural 
        system functions.
    (b) Project Proposals.--To be eligible to receive a grant under 
this section, an eligible entity shall--
            (1) submit to the Administrator a proposal for a living 
        shoreline project, including monitoring, data collection, and 
        measurable performance criteria with respect to the project;
            (2) demonstrate to the Administrator that the entity has 
        any permits or other authorizations from local, State, and 
        Federal government agencies necessary to carry out the living 
        shoreline project or provide evidence demonstrating general 
        support from such agencies; and
            (3) include an outreach or education component that seeks 
        and solicits feedback from the local or regional community most 
        directly affected by the proposal.
    (c) Project Selection.--
            (1) Development of criteria.--The Administrator shall 
        select eligible entities to receive grants under this section 
        based on criteria developed by the Administrator, in 
        consultation with relevant offices of the National Oceanic and 
        Atmospheric Administration, such as the Office of Habitat 
        Conservation, the Office for Coastal Management, and the 
        Restoration Center.
            (2) Considerations.--In developing criteria under paragraph 
        (1) to evaluate a proposed living shoreline project, the 
        Administrator shall take into account--
                    (A) the potential of the project to protect the 
                community and maintain the viability of the 
                environment, such as through protection of ecosystem 
                functions, environmental benefits, or habitat types, in 
                the area where the project is to be carried out;
                    (B) the historic and future environmental 
                conditions of the project site, particularly those 
                environmental conditions affected by climate change;
                    (C) the ecological benefits of the project;
                    (D) the ability of the entity proposing the project 
                to demonstrate the potential of the project to protect 
                the coastal community where the project is to be 
                carried out, including through--
                            (i) mitigating the effects of erosion;
                            (ii) attenuating the impact of coastal 
                        storms and storm surge;
                            (iii) mitigating shoreline flooding;
                            (iv) mitigating the effects of sea level 
                        rise, accelerated land loss, and extreme tides;
                            (v) sustaining, protecting, or restoring 
                        the functions and habitats of coastal 
                        ecosystems; or
                            (vi) such other forms of coastal protection 
                        as the Administrator considers appropriate; and
                    (E) the potential of the project to support 
                resiliency at a military installation or community 
                infrastructure supportive of a military installation 
                (as such terms are defined in section 2391 of title 10, 
                United States Code).
            (3) Priority.--In selecting living shoreline projects to 
        receive grants under this section, the Administrator shall give 
        priority consideration to a proposed project to be conducted in 
        an area--
                    (A) for which the President has declared, during 
                the 10-year period preceding the submission of the 
                proposal for the project under subsection (b), that a 
                major disaster exists pursuant to section 401 of the 
                Robert T. Stafford Disaster Relief and Emergency 
                Assistance Act (42 U.S.C. 5170) because of a hurricane, 
                tropical storm, coastal storm, or flooding;
                    (B) that has a documented history of coastal 
                erosion or frequent coastal inundation during that 10-
                year period; or
                    (C) which include communities that may not have 
                adequate resources to prepare for or respond to coastal 
                hazards, including low income communities, communities 
                of color, Tribal communities, and rural communities.
            (4) Minimum standards.--
                    (A) In general.--The Administrator shall develop 
                minimum standards to be used in selecting eligible 
                entities to receive grants under this section, taking 
                into account--
                            (i) the considerations described in 
                        paragraph (2);
                            (ii) the need for such standards to be 
                        general enough to accommodate concerns relating 
                        to specific project sites; and
                            (iii) the consideration of an established 
                        eligible entity program with systems to 
                        disburse funding from a single grant to support 
                        multiple small-scale projects.
                    (B) Consultations.--In developing standards under 
                subparagraph (A), the Administrator--
                            (i) shall consult with relevant offices of 
                        the National Oceanic and Atmospheric 
                        Administration, such as the Office of Habitat 
                        Conservation, the Office for Coastal 
                        Management, and the Restoration Center; and
                            (ii) may consult with--
                                    (I) relevant interagency councils, 
                                such as the Estuary Habitat Restoration 
                                Council;
                                    (II) Tribes and Tribal 
                                organizations;
                                    (III) State coastal management 
                                agencies; and
                                    (IV) relevant nongovernmental 
                                organizations.
    (d) Use of Funds.--A grant awarded under this section to an 
eligible entity to carry out a living shoreline project may be used by 
the eligible entity only--
            (1) to carry out the project, including administration, 
        design, permitting, entry into negotiated indirect cost rate 
        agreements, and construction;
            (2) to monitor, collect, and report data on the performance 
        (including performance over time) of the project, in accordance 
        with standards issued by the Administrator under subsection 
        (f)(2); and
            (3) to incentivize landowners to engage in living shoreline 
        projects.
    (e) Cost-Sharing.--
            (1) In general.--Except as provided in paragraph (2), an 
        eligible entity that receives a grant under this section to 
        carry out a living shoreline project shall provide, from non-
        Federal sources, funds or other resources (such as land or 
        conservation easements or in-kind matching from private 
        entities) valued at not less than 50 percent of the total cost, 
        including administrative costs, of the project.
            (2) Reduced matching requirement for certain communities.--
        The Administrator may reduce or waive the matching requirement 
        under paragraph (1) for an eligible entity representing a 
        community or nonprofit organization if--
                    (A) the eligible entity submits to the 
                Administrator in writing--
                            (i) a request for such a reduction and the 
                        amount of the reduction; and
                            (ii) a justification for why the entity 
                        cannot meet the matching requirement; and
                    (B) the Administrator agrees with the 
                justification.
    (f) Monitoring and Reporting.--
            (1) In general.--The Administrator shall require each 
        eligible entity receiving a grant under this section (or a 
        representative of the entity) to carry out a living shoreline 
        project--
                    (A) to transmit to the Administrator data collected 
                under the project;
                    (B) to monitor the project and to collect data on--
                            (i) the ecological benefits of the project 
                        and the protection provided by the project for 
                        the coastal community where the project is 
                        carried out, including through--
                                    (I) mitigating the effects of 
                                erosion;
                                    (II) attenuating the impact of 
                                coastal storms and storm surge;
                                    (III) mitigating shoreline 
                                flooding;
                                    (IV) mitigating the effects of sea 
                                level rise, accelerated land loss, and 
                                extreme tides;
                                    (V) sustaining, protecting, or 
                                restoring the functions and habitats of 
                                coastal ecosystems; or
                                    (VI) such other forms of coastal 
                                protection as the Administrator 
                                considers appropriate; and
                            (ii) the performance of the project in 
                        providing such protection;
                    (C) to make data collected under the project 
                available on a publicly accessible internet website of 
                the National Oceanic and Atmospheric Administration; 
                and
                    (D) not later than 1 year after the entity receives 
                the grant, and annually thereafter until the completion 
                of the project, to submit to the Administrator a report 
                on--
                            (i) the measures described in subparagraph 
                        (B); and
                            (ii) the effectiveness of the project in 
                        increasing protection of the coastal community 
                        where the project is carried out through living 
                        shorelines techniques, including--
                                    (I) a description of--
                                            (aa) the project;
                                            (bb) the activities carried 
                                        out under the project; and
                                            (cc) the techniques and 
                                        materials used in carrying out 
                                        the project; and
                                    (II) data on the performance of the 
                                project in providing protection to that 
                                coastal community.
            (2) Guidelines.--In developing guidelines relating to 
        paragraph (1)(C), the Administrator shall consider how 
        additional data could safely be collected before and after 
        major disasters or severe weather events to measure project 
        performance and project recovery.
            (3) Standards.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Administrator 
                shall, in consultation with relevant offices of the 
                National Oceanic and Atmospheric Administration, 
                relevant interagency councils, and relevant 
                nongovernmental organizations, issue standards for the 
                monitoring, collection, and reporting under subsection 
                (d)(2) of data regarding the performance of living 
                shoreline projects for which grants are awarded under 
                this section.
                    (B) Reporting.--The standards issued under 
                subparagraph (A) shall require an eligible entity 
                receiving a grant under this section to report the data 
                described in that subparagraph to the Administrator on 
                a regular basis.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated $50,000,000 to the Administrator for each of fiscal years 
2020 through 2025 for purposes of carrying out this section.
    (h) Minimum Required Funds for Shoreline Projects Located Within 
the Great Lakes.--The Secretary shall make not less than 10 percent of 
the funds awarded under this section to projects located in the Great 
Lakes.
    (i) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Oceanic and Atmospheric 
        Administration.
            (2) Eligible entity.--The term ``eligible entity'' means 
        any of the following:
                    (A) A unit of a State or local government.
                    (B) An organization described in section 501(c)(3) 
                of the Internal Revenue Code of 1986 that is exempt 
                from taxation under section 501(a) of such Code.
                    (C) An Indian Tribe (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 5304)).
            (3) Living shoreline project.--The term ``living shoreline 
        project''--
                    (A) means a project that--
                            (i) restores or stabilizes a shoreline, 
                        including marshes, wetlands, and other 
                        vegetated areas that are part of the shoreline 
                        ecosystem, by using natural materials and 
                        systems to create buffers to attenuate the 
                        impact of coastal storms, currents, flooding, 
                        and wave energy and to prevent or minimize 
                        shoreline erosion while supporting coastal 
                        ecosystems and habitats;
                            (ii) incorporates as many natural elements 
                        as possible, such as native wetlands, submerged 
                        aquatic plants, corals, oyster shells, native 
                        grasses, shrubs, or trees;
                            (iii) utilizes techniques that incorporate 
                        ecological and coastal engineering principles 
                        in shoreline stabilization; and
                            (iv) to the extent possible, maintains or 
                        restores existing natural slopes and 
                        connections between uplands and adjacent 
                        wetlands or surface waters;
                    (B) may include the use of--
                            (i) natural elements, such as sand, wetland 
                        plants, logs, oysters or other shellfish, 
                        submerged aquatic vegetation, corals, native 
                        grasses, shrubs, trees, or coir fiber logs;
                            (ii) project elements that provide 
                        ecological benefits to coastal ecosystems and 
                        habitats in addition to shoreline protection; 
                        and
                            (iii) structural materials, such as stone, 
                        concrete, wood, vinyl, oyster domes, or other 
                        approved engineered structures in combination 
                        with natural materials; and
                    (C) may include a project that expands upon or 
                restores natural living shorelines or existing living 
                shoreline projects.
            (4) State.--The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the United States Virgin Islands, Guam, American Samoa, 
        and the Commonwealth of the Northern Mariana Islands.

            Subtitle B--Wildlife Corridors Conservation Act

SEC. 83201. DEFINITIONS.

     In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate;
                    (B) the Committee on Environment and Public Works 
                of the Senate;
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (E) the Committee on Natural Resources of the House 
                of Representatives;
                    (F) the Committee on Appropriations of the House of 
                Representatives; and
                    (G) in the case of impacts to military 
                installations--
                            (i) the Committee on Armed Services of the 
                        House of Representatives; and
                            (ii) the Committee on Armed Services of the 
                        Senate.
            (2) Connectivity.--The term ``connectivity'' means the 
        degree to which the landscape or seascape facilitates native 
        species movement.
            (3) Corridor.--The term ``corridor'' means a feature of the 
        landscape or seascape that--
                    (A) provides habitat or ecological connectivity; 
                and
                    (B) allows for native species movement or 
                dispersal.
            (4) Database.--The term ``Database'' means the National 
        Wildlife Corridors Database established under section 83341(a).
            (5) Federal land or water.--The term ``Federal land or 
        water'' means any land or water, or interest in land or water, 
        owned by the United States.
            (6) Fund.--The term ``Fund'' means the Wildlife Corridors 
        Stewardship Fund established by section 83401(a).
            (7) Habitat.--The term ``habitat'' means land, water, and 
        substrate occupied at any time during the life cycle of a 
        native species that is necessary, with respect to the native 
        species, for spawning, breeding, feeding, growth to maturity, 
        or migration.
            (8) Indian land.--The term ``Indian land'' means land of an 
        Indian Tribe, or an Indian individual, that is--
                    (A) held in trust by the United States; or
                    (B) subject to a restriction against alienation 
                imposed by the United States.
            (9) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (10) National coordination committee.--The term ``National 
        Coordination Committee'' means the National Coordination 
        Committee established under section 83332(a).
            (11) National wildlife corridor.--The term ``National 
        Wildlife Corridor'' means any Federal land or water designated 
        as a National Wildlife Corridor under section 83211(a).
            (12) National wildlife corridor system.--The term 
        ``National Wildlife Corridor System'' means the system of 
        National Wildlife Corridors established by section 83211(a).
            (13) Native species.--The term ``native species'' means--
                    (A) a fish, wildlife, or plant species that is or 
                was historically present in a particular ecosystem as a 
                result of natural migratory or evolutionary processes, 
                including subspecies and plant varieties; or
                    (B) a migratory bird species that is native to the 
                United States or its territories (as defined in section 
                2(b) of the Migratory Bird Treaty Act (16 U.S.C. 
                703(b))).
            (14) Regional ocean partnership.--The term ``regional ocean 
        partnership'' means a regional organization of coastal or Great 
        Lakes States, territories, or possessions voluntarily convened 
        by Governors to address cross-jurisdictional ocean matters, or 
        the functional equivalent of such a regional ocean organization 
        designated by the Governor or Governors of a State or States.
            (15) Regional wildlife movement council.--The term 
        ``regional wildlife movement council'' means a regional 
        wildlife movement council established under section 83333(a).
            (16) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Agriculture, acting through 
                the Chief of the Forest Service, concerning land 
                contained within the National Forest System;
                    (B) the Secretary of Commerce;
                    (C) the Secretary of Defense;
                    (D) the Secretary of the Interior; and
                    (E) the Secretary of Transportation.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.
            (18) Tribal wildlife corridor.--The term ``Tribal Wildlife 
        Corridor'' means a corridor established by the Secretary under 
        section 83321(a)(1)(C).
            (19) United states.--The term ``United States'', when used 
        in a geographical sense, means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau;
                    (J) the United States Virgin Islands; and
                    (K) the territorial sea (within the meaning of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (16 U.S.C. 1801 et seq.)) and the exclusive 
                economic zone (as defined in section 3 of that Act (16 
                U.S.C. 1802)) within the jurisdiction or sovereignty of 
                the Federal Government.
            (20) Wildlife movement.--The term ``wildlife movement'' 
        means the passage of individual members or populations of a 
        fish, wildlife, or plant species across a landscape or 
        seascape.
            (21) Military installation.--The term ``military 
        installation'' has the meaning given the term in section 100 of 
        the Sikes Act (16 U.S.C. 670), and also includes military off-
        shore range complexes and off-shore operating areas.

 CHAPTER 1--NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND AND WATER

SEC. 83211. NATIONAL WILDLIFE CORRIDORS.

    (a) Establishment.--There is established a system of corridors on 
Federal land and water, to be known as the ``National Wildlife Corridor 
System'', which shall consist of National Wildlife Corridors designated 
as part of the National Wildlife Corridor System by--
            (1) statute;
            (2) rulemaking under section 83212; or
            (3) a land management plan developed or revised under 
        section 202 of the Federal Land Policy and Management Act of 
        1976 (43 U.S.C. 1712).
    (b) Strategy.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall develop a strategy for the effective 
development of the National Wildlife Corridor System--
            (1) to support the fulfillment of the purposes described in 
        section 83212(b);
            (2) to ensure coordination and consistency across Federal 
        agencies in the development, implementation, and management of 
        National Wildlife Corridors; and
            (3) to develop a timeline for the implementation of 
        National Wildlife Corridors.

SEC. 83212. ADMINISTRATIVE DESIGNATION OF NATIONAL WILDLIFE CORRIDORS.

    (a) Rulemaking.--
            (1) National wildlife corridors.--Not later than 2 years 
        after the date of enactment of this Act, the Secretary, in 
        consultation with the Secretaries, pursuant to the land, water, 
        and resource management planning and conservation authorities 
        of the Secretaries, shall establish a process, by regulation, 
        for the designation and management of National Wildlife 
        Corridors on Federal land or water under the respective 
        jurisdictions of the Secretaries. Where a National Wildlife 
        Corridor crosses federal land or water under the jurisdiction 
        of several secretaries, then the Secretary must obtain 
        concurrence from the applicable Secretaries before a National 
        Wildlife Corridor may be designated.
            (2) Federal land and water management.--The Secretaries 
        shall consider the designation of National Wildlife Corridors 
        in any process relating to the issuance, revision, or 
        modification of a management plan for land or water under the 
        respective jurisdiction of the Secretaries insofar as a 
        corridor is consistent with the purpose of the plan.
    (b) Criteria for Designation.--The regulations promulgated by the 
Secretary under subsection (a)(1) shall ensure that, in designating a 
National Wildlife Corridor, the Secretaries--
            (1) base the designation of the National Wildlife Corridor 
        on--
                    (A) coordination with existing--
                            (i) National Wildlife Corridors;
                            (ii) corridors established by States; and
                            (iii) Tribal Wildlife Corridors; and
                    (B) the best available science of--
                            (i) existing native species habitat; and
                            (ii) likely future native species habitats;
            (2) determine that the National Wildlife Corridor supports 
        the connectivity, persistence, resilience, and adaptability of 
        the native species for which it has been designated by 
        providing for--
                    (A) dispersal and genetic exchange between 
                populations;
                    (B) range shifting, range expansion, or range 
                restoration, such as in response to climate change;
                    (C) seasonal movement or migration; or
                    (D) succession, movement, or recolonization 
                following--
                            (i) a disturbance, such as fire, flood, 
                        drought, or infestation; or
                            (ii) population decline or previous 
                        extirpation;
            (3) consult the Database; and
            (4) consider recommendations from the National Coordination 
        Committee under section 83332(e)(2)(C).
    (c) Designation of Federal Land or Water Requiring Restoration or 
Connection of Habitat.--The Secretaries may designate as a National 
Wildlife Corridor land or water that--
            (1) is necessary for the natural movements of one or more 
        native species;
            (2) requires restoration, including--
                    (A) land or water that is degraded; and
                    (B) land or water from which a species is currently 
                absent--
                            (i) but may be colonized or recolonized by 
                        the species naturally; or
                            (ii) to which the species may be 
                        reintroduced or restored based on habitat 
                        changes; and
            (3) is fragmented or consists of only a portion of the 
        habitat required for the connectivity needs of one or more 
        native species.
    (d) Nomination for Designation.--
            (1) In general.--In establishing the process for 
        designation under subsection (a)(1), the Secretary shall 
        include procedures under which--
                    (A) any State, Tribal, or local government, or a 
                nongovernmental organization engaged in the 
                conservation of native species and the improvement of 
                the habitats of native species, may submit to the 
                Secretaries a nomination to designate as a National 
                Wildlife Corridor an area under the respective 
                jurisdiction of the Secretaries; and
                    (B) the Secretaries shall consider and, not later 
                than 1 year after the date on which the nomination was 
                submitted under subparagraph (A), respond to any 
                nomination submitted under that subparagraph.
            (2) Supporting documentation.--A nomination for designation 
        under paragraph (1)(A) shall include supporting documentation, 
        including--
                    (A) the native species for which the National 
                Wildlife Corridor would be designated;
                    (B) summaries and references of, with respect to 
                the designation of a National Wildlife Corridor--
                            (i) the best science available at the time 
                        of the submission of the nomination for 
                        designation documenting why the corridor is 
                        needed; and
                            (ii) the most current scientific reports 
                        available at the time of the submission of the 
                        nomination for designation;
                    (C) information with respect to how the nomination 
                was coordinated with potential partners;
                    (D) a description of supporting stakeholders, such 
                as States, Indian Tribes, local governments, scientific 
                organizations, nongovernmental organizations, and 
                affected voluntary private landowners; and
                    (E) any additional information the Secretaries, in 
                consultation with the National Coordination Committee, 
                determine is relevant to the nomination.
    (e) Designation on Military Land.--
            (1) In general.--Any designation of a National Wildlife 
        Corridor on a military installation--
                    (A) shall be consistent with the use of military 
                installations and State-owned National Guard 
                installations to ensure the preparedness of the Armed 
                Forces; and
                    (B) may not result in a net loss in the capability 
                of military installation lands to support the military 
                mission of the installation.
            (2) Suspension or termination of designation.--The 
        Secretary of Defense may suspend or terminate the designation 
        of any National Wildlife Corridor on a military installation if 
        the Secretary of Defense considers the suspension or 
        termination to be necessary for military purposes, after public 
        notice of the suspension or termination.

SEC. 83213. MANAGEMENT OF NATIONAL WILDLIFE CORRIDORS.

    (a) In General.--The Secretaries shall, consistent with other 
applicable Federal land and water management requirements, laws, and 
regulations, manage each National Wildlife Corridor under the 
respective administrative jurisdiction of the Secretaries in a manner 
that contributes to the long-term connectivity, persistence, 
resilience, and adaptability of native species for which the National 
Wildlife Corridor is identified, including through--
            (1) the maintenance and improvement of habitat connectivity 
        within the National Wildlife Corridor;
            (2) the implementation of strategies and activities that 
        enhance the ability of native species to respond to climate 
        change and other environmental factors;
            (3) the maintenance or restoration of the integrity and 
        functionality of the National Wildlife Corridor;
            (4) the mitigation or removal of human infrastructure that 
        obstructs the natural movement of native species; and
            (5) the use of existing conservation programs, including 
        Tribal Wildlife Corridors, under the respective jurisdiction of 
        the Secretaries to contribute to the connectivity, persistence, 
        resilience, and adaptability of native species.
    (b) National Wildlife Corridors Spanning Multiple Jurisdictions.--
In the case of a National Wildlife Corridor that spans the 
administrative jurisdiction of two or more of the Secretaries, the 
relevant Secretaries shall coordinate management of the National 
Wildlife Corridor in accordance with section 83311(b) to advance the 
purposes described in section 83211(b).
    (c) Road Mitigation.--In the case of a National Wildlife Corridor 
that intersects, adjoins, or crosses a new or existing State, Tribal, 
or local road or highway, the relevant Secretaries shall coordinate 
with the Secretary of Transportation and State, Tribal, and local 
transportation agencies, as appropriate, to identify and implement 
voluntary environmental mitigation measures--
            (1) to improve public safety and reduce vehicle caused 
        native species mortality while maintaining habitat 
        connectivity; and
            (2) to mitigate damage to the natural movements of native 
        species through strategies such as--
                    (A) the construction, maintenance, or replacement 
                of native species underpasses, overpasses, and 
                culverts; and
                    (B) the maintenance, replacement, or removal of 
                dams, bridges, culverts, and other hydrological 
                obstructions.
    (d) Compatible Uses.--A use of Federal land or water that was 
authorized before the date on which the Federal land or water is 
designated as a National Wildlife Corridor may continue if the 
applicable Secretaries determine that the use is compatible with the 
wildlife movements of the species for which the National Wildlife 
Corridor was designated, consistent with applicable Federal laws and 
regulations.

               CHAPTER 2--WILDLIFE CORRIDORS CONSERVATION

  Subchapter A--National Wildlife Corridor System on Federal Land and 
                                 Water

SEC. 83311. COLLABORATION AND COORDINATION.

    (a) Collaboration.--The Secretaries may partner with and provide 
funds to States, local governments, Indian Tribes, the National 
Coordination Committee, voluntary private landowners, and the regional 
wildlife movement councils to support the purposes described in section 
83211(b).
    (b) Coordination.--To the maximum extent practicable and consistent 
with applicable law, the Secretary or Secretaries, as applicable, shall 
develop the strategy under section 83211(b), designate National 
Wildlife Corridors under section 83212, and manage National Wildlife 
Corridors under section 83213--
            (1) in consultation and coordination with--
                    (A) other relevant Federal agencies;
                    (B) States, including--
                            (i) State fish and wildlife agencies; and
                            (ii) other State agencies responsible for 
                        managing the natural resources and wildlife;
                    (C) Indian Tribes;
                    (D) units of local government;
                    (E) other interested stakeholders identified by the 
                Secretary, including applicable voluntary private 
                landowners;
                    (F) landscape- and seascape-scale partnerships, 
                including--
                            (i) the National Fish Habitat Partnership;
                            (ii) the National Marine Fisheries Service;
                            (iii) regional fishery management councils 
                        established under section 302(a) of the 
                        Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1852(a));
                            (iv) relevant regional ocean partnerships;
                            (v) the Climate Science Centers of the 
                        Department of the Interior; and
                            (vi) the Landscape Conservation Cooperative 
                        Network;
                    (G) the National Coordination Committee; and
                    (H) the regional wildlife movement councils.

SEC. 83312. EFFECT.

    (a) Relationship to Other Conservation Laws.--Nothing in this 
chapter amends or otherwise affects any other law (including 
regulations) relating to the conservation of native species.
    (b) Jurisdiction of States and Indian Tribes.--Nothing in this 
chapter or an amendment made by this chapter affects the jurisdiction 
of a State or an Indian Tribe with respect to fish and wildlife 
management, including the regulation of hunting, fishing, and trapping, 
in a National Wildlife Corridor or a Tribal Wildlife Corridor.

                Subchapter B--Tribal Wildlife Corridors

SEC. 83321. TRIBAL WILDLIFE CORRIDORS.

    (a) Establishment.--
            (1) In general.--
                    (A) Nominations.--An Indian Tribe may nominate a 
                corridor within Indian land of the Indian Tribe as a 
                Tribal Wildlife Corridor by submitting to the 
                Secretary, in consultation with the Director of the 
                Bureau of Indian Affairs (referred to in this section 
                as the ``Secretary''), an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    (B) Determination.--Not later than 90 days after 
                the date on which the Secretary receives an application 
                under subparagraph (A), the Secretary shall determine 
                whether the nominated Tribal Wildlife Corridor 
                described in the application meets the criteria 
                established under paragraph (2).
                    (C) Publication.--On approval of an application 
                under subparagraph (B), the Secretary shall publish in 
                the Federal Register a notice of the establishment of 
                the Tribal Wildlife Corridor, which shall include a map 
                and legal description of the land designated as a 
                Tribal Wildlife Corridor.
            (2) Criteria.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary shall 
                establish criteria for determining whether a corridor 
                nominated by an Indian Tribe under paragraph (1)(A) 
                qualifies as a Tribal Wildlife Corridor.
                    (B) Inclusions.--The criteria established under 
                subparagraph (A) shall include, at a minimum, the 
                following:
                            (i) The restoration of historical habitat 
                        for the purposes of facilitating connectivity.
                            (ii) The management of land for the 
                        purposes of facilitating connectivity.
                            (iii) The management of land to prevent the 
                        imposition of barriers that may hinder current 
                        or future connectivity.
            (3) Removal.--
                    (A) In general.--An Indian Tribe may elect to 
                remove the designation of a Tribal Wildlife Corridor on 
                the Indian land of the Indian Tribe by notifying the 
                Secretary.
                    (B) Effect of removal.--An Indian Tribe that elects 
                to remove a designation under subparagraph (A) may not 
                receive assistance under subsection (c) or (d)(1) or 
                section 83331.
    (b) Coordination of Land Use Plans.--Section 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended--
            (1) in subsection (b)--
                    (A) by striking ``Indian tribes by'' and inserting 
                the following: ``Indian tribes--
            ``(1) by'';
                    (B) in paragraph (1) (as so designated), by 
                striking the period at the end and inserting ``; and''; 
                and
                    (C) by adding at the end the following:
            ``(2) for the purposes of determining whether the land use 
        plans for land in the National Forest System would provide 
        additional connectivity to benefit the purposes of a Tribal 
        Wildlife Corridor established under section 83321(a)(1) of the 
        Wildlife Corridors Conservation Act of 2020.''; and
            (2) by adding at the end the following:
    ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal 
Wildlife Corridor under section 83321(a)(1) of the Wildlife Corridors 
Conservation Act of 2020, the Secretary shall conduct a meaningful 
consultation with the Indian tribe that administers the Tribal Wildlife 
Corridor to determine whether, through the revision of one or more 
existing land use plans, the Tribal Wildlife Corridor can--
            ``(1) be expanded into public lands; or
            ``(2) otherwise benefit connectivity (as defined in section 
        83201 of that Act) between public lands and the Tribal Wildlife 
        Corridor.''.
    (c) Technical Assistance.--The Secretary shall provide to Indian 
Tribes technical assistance relating to the establishment, management, 
and expansion of a Tribal Wildlife Corridor, including assistance with 
accessing wildlife data and working with voluntary private landowners 
to access Federal and State programs to improve wildlife habitat and 
connectivity on non-Federal land.
    (d) Availability of Assistance.--An Indian Tribe that has a Tribal 
Wildlife Corridor established on the Indian land of the Indian Tribe 
shall be eligible for a grant under the wildlife movements grant 
program under section 83331, subject to other applicable requirements 
of that grant program.
    (e) Savings Clause.--Nothing in this section authorizes or affects 
the use of private property or Indian land.

SEC. 83322. PROTECTION OF INDIAN TRIBES.

    (a) Federal Trust Responsibility.--Nothing in this chapter amends, 
alters, or waives the Federal trust responsibility to Indian Tribes.
    (b) Freedom of Information Act.--
            (1) Exemption.--Information described in paragraph (2) 
        shall not be subject to disclosure under section 552 of title 
        5, United States Code (commonly known as the ``Freedom of 
        Information Act''), if the head of the agency that receives the 
        information, in consultation with the Secretary and the 
        affected Indian Tribe, determines that disclosure may--
                    (A) cause a significant invasion of privacy;
                    (B) risk harm to human remains or resources, 
                cultural items, uses, or activities; or
                    (C) impede the use of a traditional religious site 
                by practitioners.
            (2) Information described.--Information referred to in 
        paragraph (1) is information received by a Federal agency--
                    (A) pursuant to this chapter relating to--
                            (i) the location, character, or ownership 
                        of human remains of a person of Indian 
                        ancestry; or
                            (ii) resources, cultural items, uses, or 
                        activities identified by an Indian Tribe as 
                        traditional or cultural because of the long-
                        established significance or ceremonial nature 
                        to the Indian Tribe; or
                    (B) pursuant to the Native American Graves 
                Protection and Repatriation Act (25 U.S.C. 3001 et 
                seq.).

 Subchapter C--Wildlife Movement Grant Program on Non-Federal Land and 
                                 Water

SEC. 83331. WILDLIFE MOVEMENTS GRANT PROGRAM.

    (a) In General.--The Secretary shall establish a wildlife movements 
grant program (referred to in this section as the ``grant program'') to 
encourage wildlife movement in accordance with this subsection.
    (b) Grants.--Beginning not later than 2 years after the date of 
enactment of this Act, the Secretary, based on recommendations from the 
National Coordination Committee under section 83332(e)(2)(C), shall 
make grants to one or more projects that--
            (1) are a regional priority project identified by a 
        regional wildlife movement council;
            (2) satisfy the purposes described in section 83211(b); and
            (3) increase connectivity for native species.
    (c) Eligible Recipients.--A person that is eligible to receive a 
grant under the grant program is--
            (1) a voluntary private landowner or group of landowners;
            (2) a State fish and wildlife agency or other State agency 
        responsible for managing natural resources and wildlife;
            (3) an Indian Tribe;
            (4) a unit of local government;
            (5) an agricultural cooperative;
            (6) water, irrigation, or rural water districts or 
        associations, or other organizations with water delivery 
        authority (including acequias and land grant communities in the 
        State of New Mexico);
            (7) institutions of higher education;
            (8) an entity approved for a grant by a regional wildlife 
        movement council; and
            (9) any group of entities described in paragraphs (1) 
        through (8).
    (d) Requirements.--In administering the grant program, the 
Secretary shall use the criteria, guidelines, contracts, reporting 
requirements, and evaluation metrics developed by the National 
Coordination Committee under subparagraphs (A) and (B) of section 
83332(e)(2).

SEC. 83332. NATIONAL COORDINATION COMMITTEE.

    (a) Establishment.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall establish a committee, to be 
known as the ``National Coordination Committee''.
    (b) Administrative Support.--The Secretary shall provide 
administrative support for the National Coordination Committee.
    (c) Membership.--The National Coordination Committee shall be 
composed of--
            (1) the Secretary (or a designee);
            (2) the Secretary of Transportation (or a designee);
            (3) the Secretary of Agriculture (or a designee);
            (4) the Secretary of Commerce (or a designee);
            (5) the Secretary of Defense (or a designee);
            (6) the Director of the Bureau of Indian Affairs (or a 
        designee);
            (7) the Executive Director of the Association of Fish and 
        Wildlife Agencies (or a designee);
            (8) two representatives of intertribal organizations, to be 
        appointed by the Secretary;
            (9) the chairperson of each regional wildlife movement 
        council (or a designee); and
            (10) not more than three representatives of 
        nongovernmental, science, or academic organizations with 
        expertise in wildlife conservation and habitat connectivity, to 
        be appointed by the Secretary in a manner that ensures that the 
        membership of the National Coordination Committee is fair and 
        balanced.
    (d) Chairperson.--The National Coordination Committee shall select 
a Chairperson and Vice Chairperson from among the members of the 
National Coordination Committee.
    (e) Duties.--The National Coordination Committee--
            (1) shall establish standards for regional wildlife 
        movement plans to allow for better cross-regional 
        collaboration; and
            (2) shall, with respect to the wildlife movements grant 
        program under section 83331--
                    (A) establish criteria and develop guidelines for 
                the solicitation of applications for grants by regional 
                wildlife movement councils;
                    (B) develop standardized contracts, reporting 
                requirements, and evaluation metrics for grant 
                recipients; and
                    (C) make recommendations annually to the Secretary 
                for the selection of grant recipients on the basis of 
                the ranked lists of regional priority projects received 
                from the regional wildlife movement councils under 
                section 83333(c)(4) that are consistent with the 
                purposes described in section 83211(b).
    (f) Applicability of FACA.--Except as otherwise provided in this 
section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply 
to the National Coordination Committee.

SEC. 83333. REGIONAL WILDLIFE MOVEMENT COUNCILS.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish not less than 4 
regional wildlife movement councils with separate geographic 
jurisdictions that encompass the entire United States.
    (b) Membership.--
            (1) In general.--Each regional wildlife movement council 
        shall be composed of--
                    (A) the director of each State fish and wildlife 
                agency within the jurisdiction of the regional wildlife 
                movement council (or a designee);
                    (B) balanced representation from Tribal governments 
                within the jurisdiction of the regional wildlife 
                movement council;
                    (C) to serve as a Federal agency liaison and 
                nonvoting, ex officio member--
                            (i) the Director of the United States Fish 
                        and Wildlife Service (or a designee); or
                            (ii) the director of any applicable 
                        regional office of the United States Fish and 
                        Wildlife Service (or a designee);
                    (D) not more than three representatives of 
                nongovernmental, science, or academic organizations 
                with expertise in native species conservation and the 
                habitat connectivity needs of the region covered by the 
                regional wildlife movement council; and
                    (E) not more than three voluntary representatives 
                of private landowners with property in the applicable 
                region, not less than one of whom shall be a farmer or 
                rancher.
            (2) Requirements.--
                    (A) Membership.--The Secretary shall ensure that 
                the membership of each regional wildlife movement 
                council is fair and balanced in terms of expertise and 
                perspectives represented.
                    (B) Expertise.--Each regional wildlife movement 
                council shall include experts in ecological 
                connectivity, native species ecology, and ecological 
                adaptation.
            (3) Chairperson.--Each regional wildlife movement council 
        shall select a Chairperson from among the members of the 
        regional wildlife movement council.
    (c) Duties.--Each regional wildlife movement council shall--
            (1) not later than 2 years after the date of establishment 
        of the regional wildlife movement council and in accordance 
        with any standards established by the National Coordination 
        Committee, prepare and submit to the Secretary and the National 
        Coordination Committee a regional wildlife movement plan that 
        maintains natural wildlife movement by identifying research 
        priorities and data needs for the Database that is revised, 
        amended, or updated not less frequently than once every 5 
        years;
            (2) provide for public engagement, including engagement of 
        Indian Tribes, at appropriate times and in appropriate 
        locations in the region covered by the regional wildlife 
        movement council, to allow all interested persons an 
        opportunity to be heard in the development and implementation 
        of a regional wildlife movement plan under paragraph (1);
            (3) solicit applications for wildlife movement grants under 
        section 83331 in accordance with the criteria and guidelines 
        established by the National Coordination Council under section 
        83332(e)(2)(A);
            (4) in accordance with the criteria and guidelines 
        established under section 83332(e)(2)(A), submit to the 
        National Coordination Committee an annual list of regional 
        priority projects, in ranked order, for wildlife movements 
        grants under section 83331 to maintain wildlife movements in 
        the area under the jurisdiction of the regional wildlife 
        movement council; and
            (5) submit to the Secretary and the National Coordination 
        Committee, and make publicly available, an annual report 
        describing the activities of the regional wildlife movement 
        council.
    (d) Coordination.--If applicable, to increase habitat connectivity 
between designated Federal land and water and non-Federal land and 
water, a regional wildlife movement council shall coordinate with--
            (1) Federal agencies;
            (2) Indian Tribes;
            (3) regional fishery management councils established under 
        section 302(a) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1852(a));
            (4) migratory bird joint ventures partnerships recognized 
        by the United States Fish and Wildlife Service with respect to 
        migratory bird species;
            (5) State fish and wildlife agencies;
            (6) regional associations of fish and wildlife agencies;
            (7) nongovernmental organizations;
            (8) applicable voluntary private landowners;
            (9) the National Coordination Committee;
            (10) fish habitat partnerships;
            (11) other regional wildlife movement councils with respect 
        to crossregional projects;
            (12) international wildlife management entities with 
        respect to transboundary species in accordance with trade 
        policies of the United States; and
            (13) Federal and State transportation agencies.
    (e) Applicability of FACA.--Except as otherwise provided in this 
section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply 
to the regional wildlife movement councils.

           Subchapter D--National Wildlife Corridors Database

SEC. 83341. NATIONAL WILDLIFE CORRIDORS DATABASE.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Director of the United States Geological 
Survey (referred to in this section as the ``Director''), in 
consultation with the National Coordination Committee and the regional 
wildlife movement councils, shall establish a database, to be known as 
the ``National Wildlife Corridors Database''.
    (b) Contents.--
            (1) In general.--The Database shall--
                    (A) include maps, data, models, surveys, and 
                descriptions of native species habitats, wildlife 
                movements, and corridors that have been developed by 
                Federal agencies that pertain to Federal land and 
                water;
                    (B) include maps, models, analyses, and 
                descriptions of projected shifts in habitats, wildlife 
                movements, and corridors of native species in response 
                to climate change or other environmental factors;
                    (C) reflect the best scientific data and 
                information available; and
                    (D) in accordance with the requirements of the 
                Geospatial Data Act of 2018 (Public Law 115-254), have 
                the data, models, and analyses included in the Database 
                available at scales useful to State, Tribal, local, and 
                Federal agency decisionmakers and the public.
    (c) Requirements.--Subject to subsection (d), the Director, in 
collaboration with the National Coordination Committee, the regional 
wildlife movement councils, and the Administrator of the National 
Oceanic and Atmospheric Administration, shall--
            (1) design the Database to support State, Tribal, local, 
        voluntary private landowner, and Federal agency decisionmakers 
        and the public with data that will allow those entities--
                    (A) to prioritize and target natural resource 
                adaptation strategies and enhance existing State and 
                Tribal corridor protections;
                    (B) to assess the impacts of proposed energy, 
                water, transportation, and transmission projects, and 
                other development activities, and to avoid, minimize, 
                and mitigate the impacts of those projects and 
                activities on National Wildlife Corridors;
                    (C) to assess the impact of new and existing 
                development on native species habitats and National 
                Wildlife Corridors; and
                    (D) to develop strategies that promote habitat 
                connectivity to allow native species to move--
                            (i) to meet biological and ecological 
                        needs;
                            (ii) to adjust to shifts in habitat; and
                            (iii) to adapt to climate change;
            (2) establish a coordination process among Federal agencies 
        to update maps and other information with respect to 
        landscapes, seascapes, native species habitats and ranges, 
        habitat connectivity, National Wildlife Corridors, and wildlife 
        movement changes as information based on new scientific data 
        becomes available; and
            (3) not later than 5 years after the date of enactment of 
        this Act, and not less frequently than once every 5 years 
        thereafter, develop, submit a report to the Secretary and the 
        appropriate committees of Congress, and make publicly available 
        a report, that, with respect to the Database--
                    (A) outlines the categories for data that may be 
                included in the Database;
                    (B) outlines the data protocols and standards for 
                each category of data in the Database;
                    (C) identifies gaps in native species habitat and 
                National Wildlife Corridor information;
                    (D) prioritizes research and future data collection 
                activities for use in updating the Database; and
                    (E) evaluates and quantifies the efficacy of the 
                Database to meet the needs of the entities described in 
                paragraph (1).
    (d) Proprietary Interests and Protected Information.--In developing 
the Database, the Director shall--
            (1) as applicable, protect proprietary interests with 
        respect to any licensed information, licensed data, and other 
        items contained in the Database; and
            (2) protect information in the Database with respect to the 
        habitats and ranges of specific native species to prevent 
        poaching, illegal taking and trapping, and other related 
        threats to native species.

                           CHAPTER 3--FUNDING

SEC. 83401. WILDLIFE CORRIDORS STEWARDSHIP FUND.

    (a) Establishment and Contents.--There is established in the 
Treasury a fund, to be known as the ``Wildlife Corridors Stewardship 
Fund'', that consists of donations of amounts accepted under subsection 
(c).
    (b) Use.--The Fund--
            (1) shall be administered by the Secretary and the National 
        Fish and Wildlife Foundation, acting jointly; and
            (2) may be used by the National Fish and Wildlife 
        Foundation to enhance the management and protection of National 
        Wildlife Corridors by providing financial assistance to the 
        Federal Government, Indian Tribes, and nongovernmental, 
        science, and academic organizations.
    (c) Donations.--The National Fish and Wildlife Foundation may 
solicit and accept donations of amounts for deposit into the Fund.
    (d) Coordination.--In administering the Fund, the Secretary and the 
National Fish and Wildlife Foundation may coordinate with regional 
wildlife movement councils, regional ocean partnerships, and the 
National Coordination Committee to the maximum extent practicable.
    (e) Disclosure of Use.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Secretary and the 
National Fish and Wildlife Foundation shall make publicly available a 
description of usage of the Fund during the preceding calendar year.

SEC. 83402. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Wildlife Corridor System.--There are authorized to be 
appropriated to carry out title I for fiscal year 2020 and each fiscal 
year thereafter--
            (1) to the Secretary, $7,500,000;
            (2) to the Secretary of Agriculture, $3,000,000;
            (3) to the Secretary of Defense, $1,500,000;
            (4) to the Secretary of Commerce, $3,000,000; and
            (5) to the Secretary of Transportation, $3,000,000.
    (b) Tribal Wildlife Corridors.--There is authorized to be 
appropriated to carry out title II $5,000,000 for fiscal year 2020 and 
each fiscal year thereafter.
    (c) Wildlife Movements Grant Program and Regional Wildlife Movement 
Councils.--
            (1) Wildlife movement grant program.--
                    (A) In general.--There is authorized to be 
                appropriated to the Secretary to carry out the wildlife 
                movements grant program under section 83331 $50,000,000 
                for fiscal year 2022 and each fiscal year thereafter.
                    (B) Requirements.--Amounts appropriated under 
                subparagraph (A) may be used to complement or match 
                other Federal or non-Federal funding received by the 
                projects funded by those grants.
                    (C) Administrative support.--Not more than 5 
                percent of amounts appropriated under subparagraph (A) 
                may be used for administrative support.
            (2) Regional wildlife movement councils.--
                    (A) In general.--There is authorized to be 
                appropriated to the Secretary to provide support for 
                the regional wildlife movement councils to carry out 
                section 83333 $1,000,000 for fiscal year 2020 and each 
                fiscal year thereafter.
                    (B) Equal division.--Amounts appropriated under 
                subparagraph (A) shall be proportionally divided 
                between each regional wildlife movement council.
    (d) National Wildlife Corridors Database.--There are authorized to 
be appropriated to the Secretary to carry out section 83341--
            (1) $3,000,000 for fiscal year 2020; and
            (2) $1,500,000 for fiscal year 2021 and each fiscal year 
        thereafter.

                               CHAPTER 4

  Subchapter A--Natural Infrastructure for Wildlife Conservation and 
                              Restoration

SEC. 83511. SHORT TITLE.

    This subchapter may be cited as the ``Recovering America's Wildlife 
Act''.

SEC. 83512. WILDLIFE CONSERVATION AND RESTORATION SUBACCOUNT.

    (a) In General.--Section 3 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669b) is amended--
            (1) in subsection (a), by striking ``$50,000,000 in fiscal 
        year 2001'' in paragraph (2) and inserting ``$1,397,000,000 in 
        fiscal years 2021 through 2025''; and
            (2) in subsection (c), by redesignating paragraphs (2) and 
        (3) as paragraphs (9) and (10); and
            (3) in subsection (c), by striking paragraph (1) and 
        inserting the following:
            ``(1) Establishment of subaccount.--
                    ``(A) In general.--There is established in the fund 
                a subaccount to be known as the `Wildlife Conservation 
                and Restoration Subaccount' (referred to in this 
                section as the `Subaccount').
                    ``(B) Availability.--Amounts in the Subaccount 
                shall be available upon appropriation, for each fiscal 
                year, for apportionment in accordance with this Act.
                    ``(C) Deposits into subaccount.--For fiscal years 
                2021 through 2025, the Secretary of the Treasury shall 
                transfer $1,300,000,000 upon appropriation from the 
                general fund of the treasury each fiscal year to the 
                fund for deposit in the Subaccount.
            ``(2) Supplement not supplant.--Amounts transferred to the 
        Subaccount shall supplement, but not replace, existing funds 
        available to the States from--
                    ``(A) the funds distributed pursuant to the 
                Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 
                777 et seq.); and
                    ``(B) the fund.
            ``(3) Innovation grants.--
                    ``(A) In general.--The Secretary shall distribute 
                10 percent of funds from the Subaccount through a 
                competitive grant program to State fish and wildlife 
                departments, the District of Columbia fish and wildlife 
                department, fish and wildlife departments of 
                territories, or to regional associations of fish and 
                wildlife departments (or any group composed of more 
                than 1 such entity).
                    ``(B) Purpose.--Such grants shall be provided for 
                the purpose of catalyzing innovation of techniques, 
                tools, strategies, or collaborative partnerships that 
                accelerate, expand, or replicate effective and 
                measurable recovery efforts for species of greatest 
                conservation need and species listed under the 
                Endangered Species Act of 1973 (15 U.S.C. 1531 et seq.) 
                and the habitats of such species.
                    ``(C) Review committee.--The Secretary shall 
                appoint a review committee comprised of--
                            ``(i) a State Director from each regional 
                        association of State fish and wildlife 
                        departments;
                            ``(ii) the head of a department responsible 
                        for fish and wildlife management in a 
                        territory; and
                            ``(iii) four individuals representing four 
                        different nonprofit organizations each of which 
                        is actively participating in carrying out 
                        wildlife conservation restoration activities 
                        using funds apportioned from the Subaccount.
                    ``(D) Support from united states fish and wildlife 
                service.--The United States Fish and Wildlife Service 
                shall provide any personnel or administrative support 
                services necessary for such Committee to carry out its 
                responsibilities under this Act.
                    ``(E) Evaluation.--Such committee shall evaluate 
                each proposal submitted under this paragraph and 
                recommend projects for funding. The committee shall 
                give preference to solutions that accelerate the 
                recovery of species identified as priorities through 
                regional scientific assessments of species of greatest 
                conservation need.
            ``(4) Use of funds.--Funds apportioned from the 
        Subaccount--
                    ``(A) shall be used to implement the Wildlife 
                Conservation Strategy of a State, territory, or the 
                District of Columbia, as required under 16 U.S.C. 
                669c(d), by carrying out, revising, or enhancing 
                existing wildlife and habitat conservation and 
                restoration programs and developing and implementing 
                new wildlife conservation, restoration, and natural 
                infrastructure resilience programs and partnerships to 
                recover and manage species of greatest conservation 
                need and the key habitats and plant community types 
                essential to the conservation of those species as 
                determined by the appropriate State fish and wildlife 
                department;
                    ``(B) shall be used to develop, revise, and enhance 
                the Wildlife Conservation Strategy of a State, 
                territory, or the District of Columbia, as may be 
                required by this Act;
                    ``(C) shall be used to assist in the recovery of 
                species found in the State, territory, or the District 
                of Columbia that are listed as endangered species, 
                threatened species, candidate species or species 
                proposed for listing, or species petitioned for listing 
                under the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.) or under State law;
                    ``(D) may be used for wildlife conservation 
                education and wildlife-associated recreation projects 
                and infrastructure, especially in historically 
                underserved communities;
                    ``(E) may be used to manage a species of greatest 
                conservation need whose range is shared with another 
                State, territory, Indian Tribe, or foreign government 
                and for the conservation of the habitat of such 
                species;
                    ``(F) may be used to manage, control, and prevent 
                invasive species, disease, and other risks to species 
                of greatest conservation need; and
                    ``(G) may be used for law enforcement activities 
                that are directly related to the protection and 
                conservation of a species of greatest conservation need 
                and the habitat of such species.
            ``(5) Minimum required spending for endangered species 
        recovery.--Not less than an average of 15 percent over a 5-year 
        period of amounts apportioned to a State, territory, or the 
        District of Columbia from the Subaccount shall be used for 
        purposes described in paragraph (4)(C). The Secretary may 
        reduce the minimum requirement of a State, territory, or the 
        District of Columbia on an annual basis if the Secretary 
        determines that the State, territory, or the District of 
        Columbia is meeting the conservation and recovery needs of all 
        species described in paragraph (4)(C).
            ``(6) Public access to private lands not required.--Funds 
        apportioned from the Subaccount shall not be conditioned upon 
        the provision of public access to private lands, waters, or 
        holdings.
            ``(7) Requirements for matching funds.--
                    ``(A) For the purposes of the non-Federal fund 
                matching requirement for a wildlife conservation or 
                restoration program or project funded by the 
                Subaccount, a State, territory, or the District of 
                Columbia may use as matching non-Federal funds--
                            ``(i) funds from Federal agencies other 
                        than the Department of the Interior and the 
                        Department of Agriculture;
                            ``(ii) donated private lands and waters, 
                        including privately owned easements;
                            ``(iii) in circumstances described in 
                        subparagraph (B), revenue generated through the 
                        sale of State hunting and fishing licenses; and
                            ``(iv) other sources consistent with part 
                        80 of title 50, Code of Federal Regulations, in 
                        effect on the date of enactment of the 
                        Recovering America's Wildlife Act of 2019.
                    ``(B) Revenue described in subparagraph (A)(iii) 
                may only be used to fulfill the requirements of such 
                non-Federal fund matching requirement if--
                            ``(i) no Federal funds apportioned to the 
                        State fish and wildlife department of such 
                        State from the Wildlife Restoration Program or 
                        the Sport Fish Restoration Program have been 
                        reverted because of a failure to fulfill such 
                        non-Federal fund matching requirement by such 
                        State during the previous 2 years; and
                            ``(ii) the project or program being funded 
                        benefits the habitat of a hunted or fished 
                        species and a species of greatest conservation 
                        need.
                    ``(C) No State, territory or the District of 
                Columbia shall be required to provide non-Federal 
                matching funds for this program through fiscal year 
                2025.
            ``(8) Definitions.--In this subsection, the following 
        definitions apply:
                    ``(A) Species of greatest conservation need.--The 
                term `species of greatest conservation need' may be 
                fauna or flora, and may include terrestrial, aquatic, 
                marine, and invertebrate species that are of low 
                population, declining, rare, or facing threats and in 
                need of conservation attention, as determined by each 
                State fish and wildlife department, with respect to 
                funds apportioned to such State.
                    ``(B) Partnerships.--The term `partnerships' may 
                include, but are not limited to, collaborative efforts 
                with Federal agencies, State agencies, local agencies, 
                Indian Tribes, nonprofit organizations, academic 
                institutions, industry groups, and private individuals 
                to implement a State's Wildlife Conservation Strategy.
                    ``(C) Territory and territories.--The terms 
                `territory' and `territories' mean the Commonwealth of 
                Puerto Rico, Guam, American Samoa, the Commonwealth of 
                the Northern Mariana Islands, and the United States 
                Virgin Islands.
                    ``(D) Wildlife.--The term `wildlife' means any 
                species of wild, freeranging fauna, including fish, and 
                also any fauna in captive breeding programs the object 
                of which is to reintroduce individuals of a depleted 
                indigenous species into previously occupied range.''.
    (b) Allocation and Apportionment of Available Amounts.--Section 4 
of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c) is 
amended--
            (1) by redesignating the second subsection (c), relating to 
        the apportionment of the Wildlife Conservation and Restoration 
        Account, and subsection (d) as subsections (d) and (e) 
        respectively;
            (2) in subsection (d), as redesignated--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``to 
                        the District of Columbia and to the 
                        Commonwealth of Puerto Rico, each'' and 
                        inserting ``To the District of Columbia'';
                            (ii) in subparagraph (B), by striking ``to 
                        Guam'' and inserting ``To Guam'';
                            (iii) in subparagraph (B), by striking 
                        ``not more than one-fourth of one percent'' and 
                        inserting ``not less than one-third of one 
                        percent''; and
                            (iv) by adding at the end the following:
                    ``(C) To the Commonwealth of Puerto Rico, a sum 
                equal to not less than 1 percent thereof.'';
                    (B) in paragraph (2)(A), as redesignated--
                            (i) by amending clause (i) to read as 
                        follows:
                            ``(i) one-half of which is based on the 
                        ratio to which the land and water area of such 
                        State bears to the total land and water area of 
                        all such States;'';
                            (ii) in clause (ii), by striking ``two-
                        thirds'' and inserting ``one-quarter''; and
                            (iii) by adding at the end the following:
                            ``(iii) one-quarter of which is based upon 
                        the ratio to which the number of species listed 
                        as endangered or threatened under the 
                        Endangered Species Act of 1973 (15 U.S.C. 1531 
                        et seq.) in such State bears to the total 
                        number of such species listed in all such 
                        States.'';
                    (C) by amending paragraph (2)(B) to read as 
                follows:
            ``(B) The amounts apportioned under this paragraph shall be 
        adjusted equitably so that no such State, unless otherwise 
        designated, shall be apportioned a sum which is less than 1 
        percent or more than 5 percent of the amount available for 
        apportionment under--
                    ``(i) paragraph (2)(A)(i) of this section;
                    ``(ii) paragraph (2)(A)(ii) of this section; and
                    ``(iii) the overall amount available for section 
                (2)(A).
            ``(C) States that include plants among their species of 
        greatest conservation need and in the conservation planning and 
        habitat prioritization efforts of their Wildlife Conservation 
        Strategy shall receive an additional 5 percent of their 
        apportioned amount.''; and
                    (D) in paragraph (3), by striking ``3 percent'' and 
                inserting ``1.85 percent'';
            (3) by amending subsection (e)(4)(B), as redesignated, to 
        read as follows:
                    ``(B) Not more than an average of 15 percent over a 
                5-year period of amounts apportioned to each State 
                under this section for a State's wildlife conservation 
                and restoration program may be used for wildlife 
                conservation education and wildlife-associated 
                recreation.''; and
            (4) by adding at the end following:
    ``(f) Minimization of Planning and Reporting.--Nothing in this Act 
shall be interpreted to require a State to create a comprehensive 
strategy related to conservation education or outdoor recreation.
    ``(g) Accountability.--Not more than 1 year after the date of 
enactment of the Recovering America's Wildlife Act of 2019 and every 3 
years thereafter, each State fish and wildlife department shall submit 
a 3-year work plan and budget for implementing its Wildlife 
Conservation Strategy and a report describing the results derived from 
activities accomplished under paragraph (4) during the previous 3 years 
to--
            ``(1) the Committee on Environment and Public Works of the 
        Senate;
            ``(2) the Committee on Natural Resources of the House of 
        Representatives; and
            ``(3) the United States Fish and Wildlife Service.''.

SEC. 83513. TECHNICAL AMENDMENTS.

    (a) Definitions.--Section 2 of the Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a) is amended--
            (1) by striking paragraph (5);
            (2) by redesignating paragraphs (6) through (9) as 
        paragraphs (5) through (8), respectively; and
            (3) in paragraph (6), as redesignated by paragraph (2), by 
        inserting ``Indian Tribes, academic institutions,'' before 
        ``wildlife conservation organizations''.
    (b) Conforming Amendments.--The Pittman-Robertson Wildlife 
Restoration Act (16 U.S.C. 669a et seq.) is amended--
            (1) in section 3--
                    (A) in subsection (a)--
                            (i) by striking ``(1) An amount equal to'' 
                        and inserting ``An amount equal to''; and
                            (ii) by striking paragraph (2);
                    (B) in subsection (c)--
                            (i) in paragraph (9), as redesignated by 
                        section 101(a)(1), by striking ``or an Indian 
                        tribe''; and
                            (ii) in paragraph (10), as redesignated by 
                        section 101(a)(1), by striking ``Wildlife 
                        Conservation and Restoration Account'' and 
                        inserting ``Subaccount''; and
                    (C) in subsection (d), by striking ``Wildlife 
                Conservation and Restoration Account'' and inserting 
                ``Subaccount'';
            (2) in section 4 (16 U.S.C. 669c)--
                    (A) in subsection (d), as redesignated--
                            (i) in the heading, by striking ``Account'' 
                        and inserting ``Subaccount''; and
                            (ii) by striking ``Account'' each place it 
                        appears and inserting ``Subaccount''; and
                    (B) in subsection (e)(1), as redesignated, by 
                striking ``Account'' and inserting ``Subaccount''; and
            (3) in section 8 (16 U.S.C. 669g), in subsection (a), by 
        striking ``Account'' and inserting ``Subaccount''.

SEC. 83514. SAVINGS CLAUSE.

    The Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et 
seq.) is amended--
            (1) by redesignating section 13 as section 15; and
            (2) by inserting after section 12 the following:

``SEC. 13. SAVINGS CLAUSE.

    ``Nothing in this Act shall be construed to enlarge or diminish the 
authority, jurisdiction, or responsibility of a State to manage, 
control, or regulate fish and wildlife under the law and regulations of 
the State on lands and waters within the State, including on Federal 
lands and waters.

``SEC. 14. STATUTORY CONSTRUCTION WITH RESPECT TO ALASKA.

    ``If any conflict arises between any provision of this Act and any 
provision of the Alaska National Interest Lands Conservation Act 
(Public Law 46-487, 16 U.S.C. 3101 et seq.), then the provision in the 
Alaska National Interest Lands Conservation Act shall prevail.''.

 Subchapter B--Natural Infrastructure for Tribal Wildlife Conservation 
                            and Restoration

SEC. 83521. INDIAN TRIBES.

    (a) Definitions.--In this section--
            (1) Account.--The term ``Account'' means the Tribal 
        Wildlife Conservation and Restoration Account established by 
        subsection (c)(1).
            (2) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given such term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Tribal species of greatest conservation need.--The term 
        ``Tribal species of greatest conservation need'' means any 
        species identified by an Indian Tribe as requiring conservation 
        management because of declining population, habitat loss, or 
        other threats, or because of their biological or cultural 
        importance to such Tribe.
            (5) Wildlife.--The term ``wildlife'' means--
                    (A) any species of wild flora or fauna including 
                fish and marine mammals;
                    (B) flora or fauna in a captive breeding, 
                rehabilitation, and holding or quarantine program, the 
                object of which is to reintroduce individuals of a 
                depleted indigenous species into previously occupied 
                range or to maintain a species for conservation 
                purposes; and
                    (C) does not include game farm animals.
    (b) Tribal Wildlife Conservation and Restoration Account.--
            (1) In general.--There is established in the Treasury an 
        account to be known as the ``Tribal Wildlife Conservation and 
        Restoration Account''.
            (2) Availability.--Amounts in the Account shall be 
        available for each fiscal year upon appropriation for 
        apportionment in accordance with this title.
            (3) Deposits.--For fiscal year 2021 through 2025, the 
        Secretary of the Treasury shall transfer $97,500,000 upon 
        appropriation to the Account.
    (c) Distribution of Funds to Indian Tribes.--Each fiscal year, the 
Secretary of the Treasury shall deposit funds into the Account and 
distribute such funds through a noncompetitive application process 
according to guidelines, and criteria, and reporting requirements 
determined by the Secretary of the Interior, acting through the 
Director of the Bureau of Indian Affairs, in consultation with Indian 
Tribes. Such funds shall remain available until expended.
    (d) Wildlife Management Responsibilities.--The distribution 
guidelines and criteria described in subsection (d) shall be based, in 
part, upon Indian Tribes' wildlife management responsibilities.
    (e) Use of Funds.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary may distribute funds from the Account to an Indian 
        Tribe for any of the following purposes:
                    (A) To develop, carry out, revise, or enhance 
                wildlife conservation and restoration programs to 
                manage Tribal species of greatest conservation need and 
                the habitats of such species as determined by the 
                Indian Tribe.
                    (B) To assist in the recovery of species listed as 
                an endangered or threatened species under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
                    (C) For wildlife conservation education and 
                wildlife-associated recreation projects and 
                infrastructure.
                    (D) To manage a Tribal species of greatest 
                conservation need and the habitat of such species, the 
                range of which may be shared with a foreign country, 
                State, or other Indian Tribe.
                    (E) To manage, control, and prevent invasive 
                species as well as diseases and other risks to 
                wildlife.
                    (F) For law enforcement activities that are 
                directly related to the protection and conservation of 
                wildlife.
                    (G) To develop, revise, and implement comprehensive 
                wildlife conservation strategies and plans for such 
                Tribe.
                    (H) For the hiring and training of wildlife 
                conservation and restoration program staff.
            (2) Conditions on the use of funds.--
                    (A) Required use of funds.--In order to be eligible 
                to receive funds under subsection (d), a Tribe's 
                application must include a proposal to use funds for at 
                least one of the purposes described in subparagraphs 
                (A) and (B) of paragraph (1).
                    (B) Imperiled species recovery.--In distributing 
                funds under this section, the Secretary shall 
                distribute not less than 15 percent of the total funds 
                distributed to proposals to fund the recovery of a 
                species, subspecies, or distinct population segment 
                listed as a threatened species, endangered species, or 
                candidate species under the Endangered Species Act of 
                1973 (16 U.S.C. 1531 et seq.) or Tribal law.
                    (C) Limitation.--In distributing funds under this 
                section, the Secretary shall distribute not more than 
                15 percent of all funds distributed under this section 
                for the purpose described in paragraph (1)(C).
    (f) No Matching Funds Required.--No Indian Tribe shall be required 
to provide matching funds to be eligible to receive funds under this 
Act.
    (g) Public Access Not Required.--Funds apportioned from the Tribal 
Wildlife Conservation and Restoration Account shall not be conditioned 
upon the provision of public or non-Tribal access to Tribal or private 
lands, waters, or holdings.
    (h) Administrative Costs.--Of the funds deposited under subsection 
(c)(3) for each fiscal year, not more than 3 percent shall be used by 
the Secretary for administrative costs.
    (i) Savings Clause.--Nothing in this Act shall be construed as 
modifying or abrogating a treaty with any Indian Tribe, or as enlarging 
or diminishing the authority, jurisdiction, or responsibility of an 
Indian Tribe to manage, control, or regulate wildlife.

                        CHAPTER 5--MISCELLANEOUS

SEC. 83601 REAUTHORIZATION OF CHESAPEAKE BAY GATEWAYS AND WATERTRAILS 
              NETWORK.

    Section 502(c) of the Chesapeake Bay Initiative Act of 1998 (54 
U.S.C. 320101 note; Public Law 105-312) is amended by striking ``2019'' 
and inserting ``2025''.

                            TITLE IV--ENERGY

 Subtitle A--Establishment of Federal Orphaned Well Remediation Program

SEC. 84101. ESTABLISHMENT OF FEDERAL ORPHANED WELL REMEDIATION PROGRAM.

    Section 349 of the Energy Policy Act of 2005 (Public Law 109-58; 42 
U.S.C. 15907) is amended--
            (1) by striking the section title and inserting with 
        ``orphaned well remediation program''; and
            (2) by striking subsections (a) through (i) and replacing 
        with the following:
    ``(a) In General.--The Secretary, in cooperation with the Secretary 
of Agriculture, shall establish a program not later than 90 days after 
the date of enactment of this section to remediate, reclaim, and close 
orphaned oil and gas wells located on land administered by the land 
management agencies within the Department of the Interior and the 
Department of Agriculture.
    ``(b) Activities.--The program under subsection (a) shall--
            ``(1) include a means of ranking orphaned well sites for 
        priority in remediation, reclamation, and closure, based on 
        public health and safety, potential environmental harm, and 
        other land use priorities;
            ``(2) distribute funding according to the priorities 
        identified under paragraph (1) of this subsection for--
                    ``(A) reclaiming, remediating, and closing orphaned 
                wells;
                    ``(B) reclaiming and remediating well pads and 
                access roads associated with orphaned wells; and
                    ``(C) restoring native species habitat that has 
                been degraded due to the presence of orphaned wells;
            ``(3) provide a public accounting of the costs of 
        remediation, reclamation, and closure for each orphaned well 
        site; and
            ``(4) seek to determine the identities of potentially 
        responsible parties associated with the orphaned well sites, or 
        their sureties or guarantors, to the extent such information 
        can be ascertained, and make efforts to obtain reimbursement 
        for expenditures to the extent practicable.
    ``(c) Cooperation and Consultations.--In carrying out the program 
under subsection (a), the Secretary shall--
            ``(1) work cooperatively with the Secretary of Agriculture 
        and the States within which Federal land is located; and
            ``(2) consult with affected Tribes, the Secretary of 
        Energy, and the Interstate Oil and Gas Compact Commission.
    ``(d) State and Tribal Orphaned Wells.--
            ``(1) In general.--The Secretary shall establish a program 
        not later than 90 days after the date of enactment of this 
        section to provide grants to States and Tribes to remediate, 
        reclaim, and close orphaned oil and gas wells located on State, 
        Tribal, or private lands.
            ``(2) Activities.--Funds distributed under this subsection 
        may be used by States and Tribes for the activities described 
        in subsection (b), and in addition for--
                    ``(A) identification and characterization of 
                undocumented orphaned wells on State, Tribal, and 
                private lands;
                    ``(B) ranking orphaned or abandoned well sites 
                based on factors such as public health and safety, 
                potential environmental harm, and other land use 
                priorities;
                    ``(C) administration of a State or Tribal orphaned 
                well closure program, provided that no more than 10 
                percent of the funds received by a State or Tribe under 
                this subsection may be used for this purpose; and
                    ``(D) making information regarding the use of funds 
                under this subsection available to the public.
            ``(3) Priority.--In providing grants under this subsection, 
        the Secretary shall give priority to--
                    ``(A) States and Tribes that have an established 
                State or Tribal program for the remediation, 
                reclamation, or closure of abandoned, idled, or 
                orphaned oil and gas wells; and
                    ``(B) States and Tribes that require companies to 
                provide financial assurances prior to drilling a well 
                equal to the estimated full cost of well closure and 
                land remediation.
            ``(4) Application.--States and Tribes shall be eligible for 
        grants under this subsection upon application to the Secretary 
        of the Interior. Such application shall include--
                    ``(A) a prioritized list of the wells, well sites, 
                and affected areas that will be remediated, reclaimed, 
                or closed;
                    ``(B) a description of the activities to be carried 
                out with the grant, including an identification of the 
                estimated health, safety, habitat, and environmental 
                benefits of remediating, reclaiming, or closing each 
                well, well site, or affected area;
                    ``(C) an estimate of the cost of each proposed 
                project;
                    ``(D) an estimate of the number of jobs that will 
                be created or saved through the projects to be funded 
                under this subsection;
                    ``(E) an estimate of the funds to be spent on 
                administrative costs; and
                    ``(F) a description of how the information 
                regarding the State's or Tribe's activities under this 
                subsection will be made available to the public.
            ``(5) Allocation.--The Secretary shall, in consultation 
        with States, affected Tribes, and the Interstate Oil and Gas 
        Compact Commission, develop a formula for the amount of grant 
        funding each State or Tribe is eligible for under this 
        subsection, taking into account--
                    ``(A) the number of documented orphaned wells 
                within the State or on each Tribe's lands;
                    ``(B) the estimated number of undocumented orphaned 
                wells within the State or on each Tribe's lands; and
                    ``(C) the amount of oil and gas activity within the 
                State or on Tribal lands in the previous 10 years.
    ``(e) Technical Assistance.--
            ``(1) In general.--The Secretary of Energy, in cooperation 
        with the Secretary, shall establish a program to provide 
        technical assistance to oil and gas producing States and Tribes 
        to ensure practical and economical remedies for environmental 
        problems caused by orphaned or abandoned oil and gas well sites 
        on State, Tribal, or private land.
            ``(2) Assistance.--The Secretary of Energy shall work with 
        the States, through the Interstate Oil and Gas Compact 
        Commission, to assist the States in quantifying and mitigating 
        environmental risks of onshore orphaned or abandoned oil or gas 
        wells on State and private land.
            ``(3) Activities.--The program under paragraph (1) shall 
        include--
                    ``(A) mechanisms to facilitate identification, if 
                feasible, of the persons currently providing a bond or 
                other form of financial assurance required under State 
                or Federal law for an oil or gas well that is orphaned 
                or abandoned;
                    ``(B) criteria for ranking orphaned or abandoned 
                well sites based on factors such as public health and 
                safety, potential environmental harm, and other land 
                use priorities;
                    ``(C) information and training programs on best 
                practices for remediation of different types of sites; 
                and
                    ``(D) funding of State mitigation efforts on a 
                cost-shared basis.
    ``(f) Report to Congress.--Not later than 1 year after the date of 
enactment of this section, and every year thereafter, the Secretary 
shall submit to Congress a report on the programs established under 
this section.
    ``(g) Definitions.--As used in this subsection--
            ``(1) Orphaned well.--The term `orphaned well' means any 
        well not in operation for which there is no responsible party 
        known to the Secretary to reclaim and remediate or close the 
        well site; and
            ``(2) Responsible party.--The term `responsible party' 
        includes any person, association, corporation, subsidiary, or 
        affiliate that directly or indirectly, controls, manages, 
        directs, or undertakes the activities with respect to an oil 
        and gas lease or any person or entity controlled by, or under 
        common control with, such person or entity.
    ``(h) Appropriations.--There are authorized to be appropriated to 
the Secretary of the Interior for each of fiscal years 2020 through 
2024--
            ``(1) $50,000,000 to carry out the program under subsection 
        (a); and
            ``(2) $350,000,000 to carry out the program under 
        subsection (d).''.

SEC. 84102. FEDERAL BONDING REFORM.

    Section 17(g) of the Mineral Leasing Act (30 U.S.C. 226(g)) is 
amended to read as follows:
    ``(g) Bonding Requirements.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Interim reclamation plan.--The term `Interim 
                Reclamation Plan' means an ongoing plan specifying 
                reclamation steps to be taken on all disturbed areas 
                covered by any lease issued under this Act that are not 
                needed for active operations.
                    ``(B) Final reclamation plan.--The term `Final 
                Reclamation Plan' means a plan describing all 
                reclamation activity to be conducted for all disturbed 
                areas, including locations, facilities, trenches, 
                rights-of-way, roads, and any other surface disturbance 
                covered by a lease issued under this Act prior to final 
                abandonment.
            ``(2) In general.--The Secretary of the Interior, or with 
        respect to National Forest lands, the Secretary of Agriculture, 
        shall regulate all surface-disturbing activities conducted 
        pursuant to any lease issued under this Act, and shall 
        determine reclamation and other actions as required in the 
        interest of conservation of surface resources.
            ``(3) Reclamation plans required.--
                    ``(A) Analysis and approval required.--No permit to 
                drill on an oil and gas lease issued under this Act may 
                be granted without the analysis and approval by the 
                Secretary concerned of both an interim reclamation plan 
                and a final reclamation plan covering proposed surface-
                disturbing activities within the lease area.
                    ``(B) Plans of operations.--All Plans of Operations 
                submitted and approved pursuant to this Act shall 
                include an Interim Reclamation Plan.
                    ``(C) Secretarial review.--The relevant Secretary 
                shall review each Interim Reclamation Plan at regular 
                intervals and shall require such plans to be amended as 
                warranted, subject to the approval of such Secretary.
            ``(4) Bonding.--
                    ``(A) In general.--The Secretary concerned shall, 
                by regulation, require that an adequate bond, surety, 
                or other financial arrangement will be established 
                prior to the commencement of surface-disturbing 
                activities on any lease, to ensure the complete and 
                timely reclamation of the lease tract, and the 
                restoration of any lands or surface waters adversely 
                affected by lease operations after the abandonment or 
                cessation of oil and gas operations on the lease.
                    ``(B) Prohibition.--The Secretary shall not issue 
                or approve the assignment of any lease under the terms 
                of this section to any person, association, 
                corporation, or any subsidiary, affiliate, or person 
                controlled by or under common control with such person, 
                association, or corporation, during any period in 
                which, as determined by the relevant Secretary, such 
                entity has failed or refused to comply in any material 
                respect with the reclamation requirements and other 
                standards established under this section for any prior 
                lease to which such requirements and standards applied.
                    ``(C) Notice and opportunity for compliance.--Prior 
                to making such determination with respect to any such 
                entity the concerned Secretary shall provide such 
                entity with adequate notification and an opportunity to 
                comply with such reclamation requirements and other 
                standards and shall consider whether any administrative 
                or judicial appeal is pending. Once the entity has 
                complied with the reclamation requirement or other 
                standard concerned an oil or gas lease may be issued to 
                such entity under this Act.
                    ``(D) Limitation on bonds.--A bond, surety, or 
                other financial arrangement described in subparagraph 
                (A) shall not be adequate if it is less than--
                            ``(i) $50,000 in the case of an arrangement 
                        for an individual surface-disturbing activity 
                        of an entity;
                            ``(ii) $250,000 in the case of an 
                        arrangement for all surface-disturbing 
                        activities of an entity in a State; or
                            ``(iii) $1,000,000 in the case of an 
                        arrangement for all surface-disturbing 
                        activities of an entity in the United States.
                    ``(E) Adjustments for inflation.--In the 
                application of subparagraph (B), the Secretaries 
                concerned shall jointly at least once every three years 
                adjust the dollar amounts in subparagraph (B) to 
                account for inflation based on the Consumer Price Index 
                for all urban consumer published by the Department of 
                Labor.
            ``(5) Standards.--The Secretary of the Interior and the 
        Secretary of Agriculture shall, by regulation, establish 
        uniform standards for all Interim and Final Reclamation Plans. 
        The goal of such plans shall be the restoration of the affected 
        ecosystem to a condition approximating or equal to that which 
        existed prior to the surface disturbance. Such standards shall 
        include restoration of natural vegetation and hydrology, 
        habitat restoration, salvage, storage and reuse of topsoils, 
        erosion control, control of invasive species and noxious weeds 
        and natural contouring.
            ``(6) Monitoring.--The Secretary concerned shall not 
        approve final abandonment and shall not release any bond 
        required by this Act until the standards and requirement for 
        final reclamation established pursuant to this Act have been 
        met.''.

   Subtitle B--Surface Mining Control and Reclamation Act Amendments

SEC. 84201. ABANDONED MINE LAND RECLAMATION FUND.

    Section 401(f)(2) of the Surface Mining Control and Reclamation Act 
of 1977 (30 U.S.C. 1231(f)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in the heading, by striking ``2022'' and 
                inserting ``2037''; and
                    (B) by striking ``2022'' and inserting ``2037''; 
                and
            (2) in subparagraph (B)--
                    (A) in the heading, by striking ``2023'' and 
                inserting ``2038'';
                    (B) by striking ``2023'' and inserting ``2038''; 
                and
                    (C) by striking ``2022'' and inserting ``2037''.

SEC. 84202. EMERGENCY POWERS.

    (a) State Reclamation Program.--Section 405(d) of the Surface 
Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235(d)) is 
amended by striking ``sections 402 and 410 excepted'' and inserting 
``section 402 excepted''.
    (b) Delegation.--Section 410 of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1240) is amended--
            (1) in subsection (a), by inserting ``, including through 
        reimbursement to a State or Tribal Government described in 
        subsection (c),'' after ``moneys''; and
            (2) by adding at the end the following:
    ``(c) State or Tribal Government.--A State or Tribal Government is 
eligible to receive reimbursement from the Secretary under subsection 
(a) if such State or Tribal Government has submitted, and the Secretary 
has approved, an Abandoned Mine Land Emergency Program as part of an 
approved State or Tribal Reclamation Plan under section 405.''.

SEC. 84203. RECLAMATION FEE.

    (a) Duration.--Effective 90 days after the date of enactment of 
this Act, section 402(b) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1232(b)) is amended by striking ``September 30, 
2021'' and inserting ``September 30, 2036''.
    (b) Allocation of Funds.--Effective September 30, 2020, section 
402(g) of the Surface Mining Control and Reclamation Act of 1977 (30 
U.S.C. 1232(g)) is amended--
            (1) in paragraph (6)(A), by striking ``paragraphs (1) and 
        (5)'' inserting ``paragraphs (1), (5), and (8)'';
            (2) in paragraph (8)(A), by striking ``$3,000,000'' and 
        inserting ``$5,000,000''; and
            (3) by adding at the end the following:
    ``(9) From amounts withheld pursuant to the Budget Control Act of 
2011 (2 U.S.C. 901(a)) from payments to States under title IV of the 
Surface Mining Control and Reclamation Act (30 U.S.C. 1232(g)) during 
fiscal years 2013 through 2018, the Secretary shall distribute for 
fiscal year 2020 an amount to each State equal to the total amount so 
withheld.''.

Subtitle C--Revitalizing the Economy of Coal Communities by Leveraging 
                  Local Activities and Investing More

SEC. 84301. ECONOMIC REVITALIZATION FOR COAL COUNTRY.

    (a) In General.--Title IV of the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1231 et seq.) is amended by adding 
at the end the following:

``SEC. 416. ABANDONED MINE LAND ECONOMIC REVITALIZATION.

    ``(a) Purpose.--The purpose of this section is to promote economic 
revitalization, diversification, and development in economically 
distressed mining communities through the reclamation and restoration 
of land and water resources adversely affected by coal mining carried 
out before August 3, 1977.
    ``(b) In General.--From amounts deposited into the fund under 
section 401(b) before October 1, 2007, $200,000,000 shall be made 
available to the Secretary, subject to appropriation, for each of 
fiscal years 2021 through 2025 for distribution to States and Indian 
tribes in accordance with this section for reclamation and restoration 
projects at sites identified as priorities under section 403(a).
    ``(c) Use of Funds.--Funds distributed to a State or Indian tribe 
under subsection (d) shall be used only for projects classified under 
the priorities of section 403(a) that meet the following criteria:
            ``(1) Contribution to future economic or community 
        development.--
                    ``(A) In general.--The project, upon completion of 
                reclamation, is intended to create favorable conditions 
                for the economic development of the project site or 
                create favorable conditions that promote the general 
                welfare through economic and community development of 
                the area in which the project is conducted.
                    ``(B) Demonstration of conditions.--Such conditions 
                are demonstrated by--
                            ``(i) documentation of the role of the 
                        project in such area's economic development 
                        strategy or other economic and community 
                        development planning process;
                            ``(ii) any other documentation of the 
                        planned economic and community use of the 
                        project site after the primary reclamation 
                        activities are completed, which may include 
                        contracts, agreements in principle, or other 
                        evidence that, once reclaimed, the site is 
                        reasonably anticipated to be used for one or 
                        more industrial, commercial, residential, 
                        agricultural, or recreational purposes; or
                            ``(iii) any other documentation agreed to 
                        by the State or Indian tribe that demonstrates 
                        the project will meet the criteria set forth in 
                        this subsection.
            ``(2) Location in economically distressed community 
        affected by recent decline in mining.--
                    ``(A) In general.--The project will be conducted in 
                a community--
                            ``(i) that has been adversely affected 
                        economically by a recent reduction in coal 
                        mining related activity, as demonstrated by 
                        employment data, per capita income, or other 
                        indicators of economic distress; or
                            ``(ii)(I) that has historically relied on 
                        coal mining for a substantial portion of its 
                        economy; and
                            ``(II) in which the economic contribution 
                        of coal mining has significantly declined.
                    ``(B) Submission and publication of evidence or 
                analysis.--Any evidence or analysis relied upon in 
                selecting the location of a project under this 
                subparagraph shall be submitted to the Secretary for 
                publication. The Secretary shall publish such evidence 
                or analysis in the Federal Register within 30 days 
                after receiving such submission.
            ``(3) Stakeholder collaboration.--
                    ``(A) In general.--The project has been the subject 
                of project planning under subsection (g) and has been 
                the focus of collaboration, including partnerships, as 
                appropriate, with interested persons or local 
                organizations.
                    ``(B) Public notice.--As part of project planning--
                            ``(i) the public has been notified of the 
                        project at minimum 30 days prior to submission 
                        to Office of Surface Mining Reclamation and 
                        Enforcement and has been given an opportunity 
                        to request a public meeting convened in a 
                        community near the proposed project site; and
                            ``(ii) the State or Indian tribe published 
                        notice of the proposed project 30 days prior to 
                        submission to Office of Surface Mining 
                        Reclamation and Enforcement and published 
                        notice of requested public meetings in local 
                        newspapers of general circulation, on the 
                        Internet, and by any other means considered 
                        desirable by the Secretary.
                    ``(C) Electronic notification.--The State or Indian 
                tribe established a way for interested persons to 
                receive electronically all public notices issued under 
                subparagraph (B) and any written declarations submitted 
                to the Secretary under paragraph (5).
            ``(4) Eligible applicants.--The project has been proposed 
        by entities of State, local, county, or tribal governments, or 
        local organizations, and will be approved and executed by State 
        or tribal programs, approved under section 405 or referred to 
        in section 402(g)(8)(B), which may include subcontracting 
        project-related activities, as appropriate.
            ``(5) Waiver.--If the State or Indian tribe--
                    ``(A) cannot provide documentation described in 
                paragraph (1)(B) for a project conducted under a 
                priority stated in paragraph (1) or (2) of section 
                403(a); or
                    ``(B) is unable to meet the requirements under 
                paragraph (2),
        the State or Indian tribe shall submit a written declaration to 
        the Secretary requesting an exemption from the requirements of 
        those subparagraphs. The declaration must explain why achieving 
        favorable conditions for economic or community development at 
        the project site is not practicable, or why the requirements of 
        paragraph (2) cannot be met, and that sufficient funds 
        distributed annually under section 401 are not available to 
        implement the project. Such request for an exemption is deemed 
        to be approved, except the Secretary shall deny such request if 
        the Secretary determines the declaration to be substantially 
        inadequate. Any denial of such request shall be resolved at the 
        State's or Indian tribe's request through the procedures 
        described in subsection (e).
    ``(d) Distribution of Funds.--
            ``(1) Uncertified states.--
                    ``(A) In general.--From the amount made available 
                in subsection (b), the Secretary shall distribute 97.5 
                percent annually for each of fiscal years 2021 through 
                2025 to States and Indian tribes that have a State or 
                tribal program approved under section 405 or are 
                referred to in section 402(g)(8)(B), and have not made 
                a certification under section 411(a) in which the 
                Secretary has concurred, as follows:
                            ``(i) Four-fifths of such amount shall be 
                        distributed based on the proportion of the 
                        amount of coal historically produced in each 
                        State or from the lands of each Indian tribe 
                        concerned before August 3, 1977.
                            ``(ii) One-fifth of such amount shall be 
                        distributed based on the proportion of 
                        reclamation fees paid during the period of 
                        fiscal years 2012 through 2016 for lands in 
                        each State or lands of each Indian tribe 
                        concerned.
                    ``(B) Supplemental funds.--Funds distributed under 
                this section--
                            ``(i) shall be in addition to, and shall 
                        not affect, the amount of funds distributed--
                                    ``(I) to States and Indian tribes 
                                under section 401(f); and
                                    ``(II) to States and Indian tribes 
                                that have made a certification under 
                                section 411(a) in which the Secretary 
                                has concurred, subject to the cap 
                                described in section 402(i)(3); and
                            ``(ii) shall not reduce any funds 
                        distributed to a State or Indian tribe by 
                        reason of the application of section 402(g)(8).
            ``(2) Additional funding to certain states and indian 
        tribes.--
                    ``(A) Eligibility.--From the amount made available 
                in subsection (b), the Secretary shall distribute 2.5 
                percent annually for each of the five fiscal years 
                beginning with fiscal year 2021 to States and Indian 
                tribes that have a State program approved under section 
                405 and have made a certification under section 411(a) 
                in which the Secretary has concurred.
                    ``(B) Application for funds.--Using the process in 
                section 405(f), any State or Indian tribe described in 
                subparagraph (A) may submit a grant application to the 
                Secretary for funds under this paragraph. The Secretary 
                shall review each grant application to confirm that the 
                projects identified in the application for funding are 
                eligible under subsection (c).
                    ``(C) Distribution of funds.--The amount of funds 
                distributed to each State or Indian tribe under this 
                paragraph shall be determined by the Secretary based on 
                the demonstrated need for the funding to accomplish the 
                purpose of this section.
            ``(3) Reallocation of uncommitted funds.--
                    ``(A) Committed defined.--For purposes of this 
                paragraph the term `committed'--
                            ``(i) means that funds received by the 
                        State or Indian tribe--
                                    ``(I) have been exclusively applied 
                                to or reserved for a specific project 
                                and therefore are not available for any 
                                other purpose; or
                                    ``(II) have been expended or 
                                designated by the State or Indian tribe 
                                for the completion of a project;
                            ``(ii) includes use of any amount for 
                        project planning under subsection (g); and
                            ``(iii) reflects an acknowledgment by 
                        Congress that, based on the documentation 
                        required under subsection (c)(2)(B), any 
                        unanticipated delays to commit such funds that 
                        are outside the control of the State or Indian 
                        tribe concerned shall not affect its 
                        allocations under this section.
                    ``(B) Fiscal years 2024 and 2025.--For each of 
                fiscal years 2024 and 2025, the Secretary shall 
                reallocate in accordance with subparagraph (D) any 
                amount available for distribution under this subsection 
                that has not been committed to eligible projects in the 
                preceding 2 fiscal years, among the States and Indian 
                tribes that have committed to eligible projects the 
                full amount of their annual allocation for the 
                preceding fiscal year.
                    ``(C) Fiscal year 2026.--For fiscal year 2026, the 
                Secretary shall reallocate in accordance with 
                subparagraph (D) any amount available for distribution 
                under this subsection that has not been committed to 
                eligible projects or distributed under paragraph 
                (1)(A), among the States and Indian tribes that have 
                committed to eligible projects the full amount of their 
                annual allocation for the preceding fiscal years.
                    ``(D) Amount of reallocation.--The amount 
                reallocated to each State or Indian tribe under each of 
                subparagraphs (B) and (C) shall be determined by the 
                Secretary to reflect, to the extent practicable--
                            ``(i) the proportion of unreclaimed 
                        eligible lands and waters the State or Indian 
                        tribe has in the inventory maintained under 
                        section 403(c);
                            ``(ii) the average of the proportion of 
                        reclamation fees paid for lands in each State 
                        or lands of each Indian tribe concerned; and
                            ``(iii) the proportion of coal mining 
                        employment loss incurred in the State or on 
                        lands of the Indian tribe, respectively, as 
                        determined by the Mine Safety and Health 
                        Administration, over the 5-year period 
                        preceding the fiscal year for which the 
                        reallocation is made.
    ``(e) Resolution of Secretary's Concerns; Congressional 
Notification.--If the Secretary does not agree with a State or Indian 
tribe that a proposed project meets the criteria set forth in 
subsection (c)--
            ``(1) the Secretary and the State or tribe shall meet and 
        confer for a period of not more than 45 days to resolve the 
        Secretary's concerns, except that such period may be shortened 
        by the Secretary if the Secretary's concerns are resolved;
            ``(2) during that period, at the State's or Indian tribe's 
        request, the Secretary may consult with any appropriate Federal 
        agency; and
            ``(3) at the end of that period, if the Secretary's 
        concerns are not resolved the Secretary shall provide to the 
        Committee on Natural Resources of the House of Representatives 
        and the Committee on Energy and Natural Resources of the Senate 
        an explanation of the concerns and such project proposal shall 
        not be eligible for funds distributed under this section.
    ``(f) Acid Mine Drainage Treatment.--
            ``(1) In general.--Subject to paragraph (2), a State or 
        Indian tribe that receives funds under this section may use up 
        to 30 percent of such funds as necessary to supplement the 
        State's or tribe's acid mine drainage abatement and treatment 
        fund established under section 402(g)(6)(A), for future 
        operation and maintenance costs for the treatment of acid mine 
        drainage associated with the individual projects funded under 
        this section. A State or Indian tribe shall specify the total 
        funds allotted for such costs in its application submitted 
        under subsection (d)(2)(B).
            ``(2) Condition.--A State or Indian tribe may use funds 
        under this subsection only if the State or tribe can 
        demonstrate that the annual grant distributed to the State or 
        tribe pursuant to section 401(f), including any interest from 
        the State's or tribe's acid mine drainage abatement and 
        treatment fund that is not used for the operation or 
        maintenance of preexisting acid mine drainage treatment 
        systems, is insufficient to fund the operation and maintenance 
        of any acid mine drainage treatment system associated with an 
        individual project funded under this section.
    ``(g) Project Planning and Administration.--
            ``(1) States and indian tribes.--A State or Indian tribe 
        may use up to 10 percent of its annual distribution under this 
        section for the costs of administering this section consistent 
        with existing practice under sections 401(c)(7) and 
        402(g)(1)(C) of the Surface Mining Control and Reclamation Act 
        of 1977 and the Office of Surface Mining Reclamation and 
        Enforcement Federal Assistance Manual.
            ``(2) Secretary.--The Secretary may expend, from amounts 
        made available to the Secretary under section 402(g)(3)(D), not 
        more than $3,000,000 during the fiscal years for which 
        distributions occur under subsection (b) for staffing and other 
        administrative expenses necessary to carry out this section.
    ``(h) Regulations and Guidelines.--To the extent necessary to 
implement the provisions of this Act, the Secretary shall propose rules 
and/or develop guidelines not later than 90 days following enactment of 
the Act and shall publish them as final rules and/or guidelines not 
later than 90 days thereafter. Within 60 days following the adoption of 
any such final rules and/or guidelines, the Secretary shall distribute 
the funds under subsection (d). Furthermore, project proposals under 
this Act shall be initially reviewed, vetted and approved by OSMRE 
Field Offices within 45 days of receipt and authorizations to proceed 
shall be issued by the Field Office within 45 days of request by the 
State or Tribe.
    ``(i) Report to Congress.--The Secretary shall provide to the 
Committee on Natural Resources of the House of Representatives, the 
Committees on Appropriations of the House of Representatives and the 
Senate, and the Committee on Energy and Natural Resources of the Senate 
at the end of each fiscal year for which such funds are distributed a 
detailed report--
            ``(1) on the various projects that have been undertaken 
        with such funds;
            ``(2) the extent and degree of reclamation using such funds 
        that achieved the priorities described in paragraph (1) or (2) 
        of section 403(a);
            ``(3) the community and economic benefits that are 
        resulting from, or are expected to result from, the use of the 
        funds that achieved the priorities described in paragraph (3) 
        of section 403(a); and
            ``(4) the reduction since the previous report in the 
        inventory referred to in section 403(c).
    ``(j) Prohibition on Certain Use of Funds.--Any State or Indian 
tribe that uses the funds distributed under this section for purposes 
other than reclamation or drainage abatement expenditures, as made 
eligible by section 404, and for the purposes authorized under 
subsections (f) and (g), shall be barred from receiving any subsequent 
funding under this section.''.
    (b) Clerical Amendment.--The table of contents in the first section 
of the Surface Mining Control and Reclamation Act of 1977 is amended by 
adding at the end of the items relating to title IV the following:

``Sec. 416. Abandoned mine land economic revitalization.''.

SEC. 84302. TECHNICAL AND CONFORMING AMENDMENTS.

    The Surface Mining Control and Reclamation Act of 1977 is amended--
            (1) in section 401(c) (30 U.S.C. 1231(c)), by striking 
        ``and'' after the semicolon at the end of paragraph (10), by 
        redesignating paragraph (11) as paragraph (12), and by 
        inserting after paragraph (10) the following:
            ``(11) to implement section 416; and'';
            (2) in section 401(d)(3) (30 U.S.C. 1231(d)(3)), by 
        striking ``subsection (f)'' and inserting ``subsection (f) and 
        section 416(a)'';
            (3) in section 402(g) (30 U.S.C. 1232(g))--
                    (A) in paragraph (1), by inserting ``and section 
                416'' after ``subsection (h)''; and
                    (B) by adding at the end of paragraph (3) the 
                following:
                    ``(F) For the purpose of section 416(d)(2)(A).''; 
                and
            (4) in section 403(c) (30 U.S.C. 1233(c)), by inserting 
        after the second sentence the following: ``As practicable, 
        States and Indian tribes shall offer such amendments based on 
        the use of remote sensing, global positioning systems, and 
        other advanced technologies.''.

SEC. 84303. MINIMUM STATE PAYMENTS.

    Section 402(g)(8)(A) of the Surface Mining Control and Reclamation 
Act of 1977 (30 U.S.C. 1232(g)(8)) is amended by striking 
``$3,000,000'' and inserting ``$5,000,000''.

SEC. 84304. GAO STUDY OF USE OF FUNDS.

    Not later than 2 years after the date of the enactment of this Act, 
the Comptroller General of the United States shall study and report to 
the Congress on uses of funds authorized by this subtitle, including 
regarding--
            (1) the solvency of the Abandoned Mine Reclamation Fund; 
        and
            (2) the impact of such use on payments and transfers under 
        the Surface Mining Control and Reclamation Act of 1977 (30 
        U.S.C. 1201) to--
                    (A) States for which a certification has been made 
                under section 411 of such Act (30 U.S.C. 1241);
                    (B) States for which such a certification has not 
                been made; and
                    (C) transfers to United Mine Workers of America 
                Combined Benefit Fund.

SEC. 84305. PAYMENTS TO CERTIFIED STATES NOT AFFECTED.

    Nothing in this subtitle shall be construed to reduce or otherwise 
affect payments under section 402(g) of the Surface Mining Reclamation 
and Control Act of 1977 (30 U.S.C. 1232(g)) to States that have made a 
certification under section 411(a) of such Act (30 U.S.C. 1240a(a)) in 
which the Secretary of the Interior has concurred.

          Subtitle D--Public Land Renewable Energy Development

SEC. 84401. DEFINITIONS.

    In this subtitle:
            (1) Covered land.--The term ``covered land'' means land 
        that is--
                    (A) public lands administered by the Secretary; and
                    (B) not excluded from the development of 
                geothermal, solar, or wind energy under--
                            (i) a land use plan established under the 
                        Federal Land Policy and Management Act of 1976 
                        (43 U.S.C. 1701 et seq.); or
                            (ii) other Federal law.
            (2) Exclusion area.--The term ``exclusion area'' means 
        covered land that is identified by the Bureau of Land 
        Management as not suitable for development of renewable energy 
        projects.
            (3) Federal land.--The term ``Federal land'' means public 
        lands.
            (4) Fund.--The term ``Fund'' means the Renewable Energy 
        Resource Conservation Fund established by section 84408(c)(1).
            (5) Priority area.--The term ``priority area'' means 
        covered land identified by the land use planning process of the 
        Bureau of Land Management as being a preferred location for a 
        renewable energy project, including a designated leasing area 
        (as defined in section 2801.5(b) of title 43, Code of Federal 
        Regulations (or a successor regulation)) that is identified 
        under the rule of the Bureau of Land Management entitled 
        ``Competitive Processes, Terms, and Conditions for Leasing 
        Public Lands for Solar and Wind Energy Development and 
        Technical Changes and Corrections'' (81 Fed. Reg. 92122 
        (December 19, 2016)) (or a successor regulation).
            (6) Public lands.--The term ``public lands'' has the 
        meaning given that term in section 103 of the Federal Land 
        Policy and Management Act of 1976 (43 U.S.C. 1702).
            (7) Renewable energy project.--The term ``renewable energy 
        project'' means a project carried out on covered land that uses 
        wind, solar, or geothermal energy to generate energy.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (9) Variance area.--The term ``variance area'' means 
        covered land that is--
                    (A) not an exclusion area;
                    (B) not a priority area; and
                    (C) identified by the Secretary as potentially 
                available for renewable energy development and could be 
                approved without a plan amendment, consistent with the 
                principles of multiple use (as that term is defined in 
                the Federal Land Policy and Management Act of 1976 (43 
                U.S.C. 1701 et seq.)).

SEC. 84402. LAND USE PLANNING; SUPPLEMENTS TO PROGRAMMATIC 
              ENVIRONMENTAL IMPACT STATEMENTS.

    (a) Priority Areas.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of Energy, shall establish priority areas on covered 
        land for geothermal, solar, and wind energy projects. Projects 
        located in those priority areas shall be given the highest 
        priority for review, and shall be offered the opportunity to 
        participate in any regional mitigation plan developed for the 
        relevant priority areas.
            (2) Deadline.--
                    (A) Geothermal energy.--For geothermal energy, the 
                Secretary shall establish priority areas as soon as 
                practicable, but not later than 5 years, after the date 
                of the enactment of this Act.
                    (B) Solar energy.--For solar energy, solar 
                Designated Leasing Areas, including the solar energy 
                zones established by the 2012 western solar plan of the 
                Bureau of Land Management and any subsequent land use 
                plan amendments, shall be considered to be priority 
                areas for solar energy projects. The Secretary shall 
                establish additional solar priority areas as soon as 
                practicable, but not later than 3 years, after the date 
                of the enactment of this Act.
                    (C) Wind energy.--For wind energy, the Secretary 
                shall establish additional wind priority areas as soon 
                as practicable, but not later than 3 years, after the 
                date of the enactment of this Act.
    (b) Variance Areas.--To the maximum extent practicable, variance 
areas shall be considered for renewable energy project development, 
consistent with the principles of multiple use (as defined in the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
seq.)).
    (c) Review and Modification.--Not less than once every 5 years, the 
Secretary shall--
            (1) review the adequacy of land allocations for geothermal, 
        solar, and wind energy priority and variance areas for the 
        purpose of encouraging new renewable energy development 
        opportunities; and
            (2) based on the review carried out under paragraph (1), 
        add, modify, or eliminate priority, variance, and exclusion 
        areas.
    (d) Compliance With the National Environmental Policy Act.--For 
purposes of this section, compliance with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall be accomplished--
            (1) for geothermal energy, by supplementing the October 
        2008 final programmatic environmental impact statement for 
        geothermal leasing in the Western United States and 
        incorporating any additional regional analyses that have been 
        completed by Federal agencies since the programmatic 
        environmental impact statement was finalized;
            (2) for solar energy, by supplementing the July 2012 final 
        programmatic environmental impact statement for solar energy 
        development and incorporating any additional regional analyses 
        that have been completed by Federal agencies since the 
        programmatic environmental impact statement was finalized; and
            (3) for wind energy, by supplementing the July 2005 final 
        programmatic environmental impact statement for wind energy 
        development and incorporating any additional regional analyses 
        that have been completed by Federal agencies since the 
        programmatic environmental impact statement was finalized.
    (e) No Effect on Processing Applications.--Any requirements to 
prepare a supplement to a programmatic environmental impact statement 
under this section shall not result in any delay in processing a 
pending application for a renewable energy project.
    (f) Coordination.--In developing a supplement required by this 
section, the Secretary shall coordinate, on an ongoing basis, with 
appropriate State, Tribal, and local governments, transmission 
infrastructure owners and operators, developers, and other appropriate 
entities to ensure that priority areas identified by the Secretary 
are--
            (1) economically viable (including having access to 
        existing and/or planned transmission lines);
            (2) likely to avoid or minimize impacts to habitat for 
        animals and plants, recreation, cultural resources, and other 
        uses of covered land; and
            (3) consistent with section 202 of the Federal Land Policy 
        and Management Act of 1976 (43 U.S.C. 1712), including 
        subsection (c)(9) of that section (43 U.S.C. 1712(c)(9)).

SEC. 84403. ENVIRONMENTAL REVIEW ON COVERED LAND.

    (a) In General.--If the Secretary determines that a proposed 
renewable energy project has been sufficiently analyzed by a 
programmatic environmental impact statement conducted under section 
84402(d), the Secretary shall not require any additional review under 
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). 
The Secretary shall publish any such project determinations on a 
publicly available website.
    (b) Additional Environmental Review.--If the Secretary determines 
that additional environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) is necessary for a proposed 
renewable energy project, the Secretary shall rely on the analysis in 
the programmatic environmental impact statement conducted under section 
84402(d), to the maximum extent practicable when analyzing the 
potential impacts of the project.
    (c) Relationship to Other Law.--Nothing in this section modifies or 
supersedes any requirement under applicable law.

SEC. 84404. PROGRAM TO IMPROVE RENEWABLE ENERGY PROJECT PERMIT 
              COORDINATION.

    (a) Establishment.--The Secretary shall establish a national 
Renewable Energy Coordination Office and State, district, or field 
offices with responsibility to establish and implement a program to 
improve Federal permit coordination with respect to renewable energy 
projects on covered land and other activities deemed necessary by the 
Secretary. In carrying out the program, the Secretary may temporarily 
assign qualified staff to Renewable Energy Coordination Offices to 
expedite the permitting of renewable energy projects.
    (b) Memorandum of Understanding.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Secretary shall enter into a 
        memorandum of understanding for purposes of this section, 
        including to specifically expedite the environmental analysis 
        of applications for projects proposed in a variance area or a 
        priority area, with the Secretary of Defense.
            (2) State and tribal participation.--The Secretary may 
        request the Governor of any interested State or any Tribal 
        leader of any interested Indian Tribe (as defined in section 4 
        of the Indian Self-Determination and Education Assistance Act 
        (25 U.S.C. 5304)) to be a signatory to the memorandum of 
        understanding under paragraph (1).
    (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date on 
        which the memorandum of understanding under subsection (b) is 
        executed, all Federal signatories, as appropriate, shall 
        identify for each of the Bureau of Land Management Renewable 
        Energy Coordination Offices one or more employees who have 
        expertise in the regulatory issues relating to the office in 
        which the employee is employed, including, as applicable, 
        particular expertise in--
                    (A) consultation regarding, and preparation of, 
                biological opinions under section 7 of the Endangered 
                Species Act of 1973 (16 U.S.C. 1536);
                    (B) permits under section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344);
                    (C) regulatory matters under the Clean Air Act (42 
                U.S.C. 7401 et seq.);
                    (D) the Federal Land Policy and Management Act of 
                1976 (43 U.S.C. 1701 et seq.);
                    (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (F) the preparation of analyses under the National 
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
                seq.);
                    (G) implementation of the requirements of section 
                306108 of title 54, United States Code (formerly known 
                as section 106 of the National Historic Preservation 
                Act);
                    (H) the Bald and Golden Eagle Protection Act (16 
                U.S.C. 668 through 668d); and
                    (I) section 100101(a), chapter 1003, and sections 
                100751(a), 100752, 100753 and 102101 of title 54 , 
                United States Code (previously known as the ``National 
                Park Service Organic Act'').
            (2) Duties.--Each employee assigned under paragraph (1) 
        shall--
                    (A) be responsible for addressing all issues 
                relating to the jurisdiction of the home office or 
                agency of the employee; and
                    (B) participate as part of the team of personnel 
                working on proposed energy projects, planning, 
                monitoring, inspection, enforcement, and environmental 
                analyses.
    (d) Additional Personnel.--The Secretary may assign such additional 
personnel for the Bureau of Land Management Renewable Energy 
Coordination Offices as are necessary to ensure the effective 
implementation of any programs administered by the offices in 
accordance with the multiple use mandate of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.).
    (e) Clarification of Existing Authority.--Under section 307 of the 
Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737), the 
Bureau of Land Management may--
            (1) accept donations for the purposes of public lands 
        management; and
            (2) accept donations from renewable energy companies 
        working on public lands to help cover the costs of 
        environmental reviews.
    (f) Report to Congress.--
            (1) In general.--Not later than February 1 of the first 
        fiscal year beginning after the date of the enactment of this 
        Act, and each February 1 thereafter, the Secretary shall submit 
        to the Committee on Energy and Natural Resources of the Senate 
        and the Committee on Natural Resources of the House of 
        Representatives a report describing the progress made under the 
        program established under subsection (a) during the preceding 
        year.
            (2) Inclusions.--Each report under this subsection shall 
        include--
                    (A) projections for renewable energy production and 
                capacity installations; and
                    (B) a description of any problems relating to 
                leasing, permitting, siting, or production.

SEC. 84405. INCREASING ECONOMIC CERTAINTY.

    (a) Considerations.--The Secretary is authorized to and shall 
consider acreage rental rates, capacity fees, and other recurring 
annual fees in total when evaluating existing rates paid for the use of 
Federal land by renewable energy projects.
    (b) Increases in Base Rental Rates.--Once a base rental rate is 
established upon the issuance of a right-of-way authorization, 
increases in the base rent shall be limited to the Implicit Price 
Deflator-Gross Domestic Product (IPD-GDP) index for the entire term of 
the right-of-way authorization.
    (c) Reductions in Base Rental Rates.--The Secretary is authorized 
to reduce acreage rental rates and capacity fees, or both, for existing 
and new wind and solar authorizations if the Secretary determines--
            (1) that the existing rates--
                    (A) exceed fair market value;
                    (B) impose economic hardships;
                    (C) limit commercial interest in a competitive 
                lease sale or right-of-way grant; or
                    (D) are not competitively priced compared to other 
                available land; or
            (2) that a reduced rental rate or capacity fee is necessary 
        to promote the greatest use of wind and solar energy resources, 
        especially those resources inside priority areas. Rental rates 
        and capacity fees for projects that are within the boundaries 
        of a Designated Leasing Area but not formally recognized as 
        being in such an area shall be equivalent to rents and fees for 
        new leases inside of a Designated Leasing Area.

SEC. 84406. LIMITED GRANDFATHERING.

    (a) Definition of Project.--In this section, the term ``project'' 
means a system described in section 2801.9(a)(4) of title 43, Code of 
Federal Regulations (as in effect on the date of enactment of this 
Act).
    (b) Requirement To Pay Rents and Fees.--Unless otherwise agreed to 
by the owner of a project, the owner of a project that applied for a 
right-of-way under section 501 of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1761) on or before December 19, 2016, 
shall be obligated to pay with respect to the right-of-way all rents 
and fees in effect before the effective date of the rule of the Bureau 
of Land Management entitled ``Competitive Processes, Terms, and 
Conditions for Leasing Public Lands for Solar and Wind Energy 
Development and Technical Changes and Corrections'' (81 Fed. Reg. 92122 
(December 19, 2016)).

SEC. 84407. RENEWABLE ENERGY GOAL.

    The Secretary shall seek to issue permits that, in total, authorize 
production of not less than 25 gigawatts of electricity from wind, 
solar, and geothermal energy projects by not later than 2025, through 
management of public lands and administration of Federal laws.

SEC. 84408. DISPOSITION OF REVENUES.

    (a) Disposition of Revenues.--Beginning on January 1, 2020, of the 
amounts collected as bonus bids, rentals, fees, or other payments under 
a right-of-way, permit, lease, or other authorization (other than under 
section 504(g) of the Federal Land Policy and Management Act of 1976 
(43 U.S.C. 1764(g))) for the development of wind or solar energy on 
covered land the following shall be made available without further 
appropriation or fiscal year limitation as follows:
            (1) Twenty-five percent shall be paid by the Secretary of 
        the Treasury to the State within the boundaries of which the 
        revenue is derived.
            (2) Twenty-five percent shall be paid by the Secretary of 
        the Treasury to the one or more counties within the boundaries 
        of which the revenue is derived, to be allocated among the 
        counties based on the percentage of land from which the revenue 
        is derived.
            (3) Fifteen percent shall be deposited in the Treasury and 
        be made available to the Secretary to carry out the program 
        established under this subtitle, including the transfer of the 
        funds by the Bureau of Land Management to other Federal 
        agencies and State agencies to facilitate the processing of 
        renewable energy permits on Federal land, with priority given 
        to using the amounts, to the maximum extent practicable without 
        detrimental impacts to emerging markets, to expediting the 
        issuance of permits required for the development of renewable 
        energy projects in the States from which the revenues are 
        derived.
            (4) Twenty-five percent shall be deposited in the Renewable 
        Energy Resource Conservation Fund established by subsection 
        (c).
            (5) The remainder shall be deposited into the general fund 
        of the Treasury for purposes of reducing the annual Federal 
        budget deficit.
    (b) Payments to States and Counties.--
            (1) In general.--Amounts paid to States and counties under 
        subsection (a) shall be used consistent with section 35 of the 
        Mineral Leasing Act (30 U.S.C. 191).
            (2) Payments in lieu of taxes.--A payment to a county under 
        paragraph (1) shall be in addition to a payment in lieu of 
        taxes received by the county under chapter 69 of title 31, 
        United States Code.
    (c) Renewable Energy Resource Conservation Fund.--
            (1) In general.--There is established in the Treasury a 
        fund to be known as the Renewable Energy Resource Conservation 
        Fund, which shall be administered by the Secretary.
            (2) Use of funds.--The Secretary may make amounts in the 
        Fund available to Federal, State, local, and Tribal agencies to 
        be distributed in regions in which renewable energy projects 
        are located on Federal land, for the purposes of--
                    (A) restoring and protecting--
                            (i) fish and wildlife habitat for affected 
                        species;
                            (ii) fish and wildlife corridors for 
                        affected species; and
                            (iii) wetlands, streams, rivers, and other 
                        natural water bodies in areas affected by wind, 
                        geothermal, or solar energy development; and
                    (B) preserving and improving recreational access to 
                Federal land and water in an affected region through an 
                easement, right-of-way, or other instrument from 
                willing landowners for the purpose of enhancing public 
                access to existing Federal land and water that is 
                inaccessible or restricted.
            (3) Restriction on use of funds.--No funds made available 
        under this subsection may be used for the purchase of real 
        property unless in fulfillment of paragraph (2)(B).
            (4) Partnerships.--The Secretary may enter into cooperative 
        agreements with State and Tribal agencies, nonprofit 
        organizations, and other appropriate entities to carry out the 
        activities described in subparagraphs (A) and (B) of paragraph 
        (2).
            (5) Investment of fund.--
                    (A) In general.--Any amounts deposited in the Fund 
                shall earn interest in an amount determined by the 
                Secretary of the Treasury on the basis of the current 
                average market yield on outstanding marketable 
                obligations of the United States of comparable 
                maturities.
                    (B) Use.--Any interest earned under subparagraph 
                (A) may be expended in accordance with this subsection.
            (6) Report to congress.--At the end of each fiscal year, 
        the Secretary shall report to the Committee on Natural 
        Resources of the House of Representatives and the Committee on 
        Energy and Natural Resources of the Senate--
                    (A) the amount collected as described in subsection 
                (a), by source, during that fiscal year;
                    (B) the amount and purpose of payments during that 
                fiscal year to each Federal, State, local, and Tribal 
                agency under paragraph (2); and
                    (C) the amount remaining in the Fund at the end of 
                the fiscal year.
            (7) Intent of congress.--It is the intent of Congress that 
        the revenues deposited and used in the Fund shall supplement 
        (and not supplant) annual appropriations for activities 
        described in subparagraphs (A) and (B) of paragraph (2).

SEC. 84409. PROMOTING AND ENHANCING DEVELOPMENT OF GEOTHERMAL ENERGY.

    (a) In General.--Section 234(a) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(a)) is amended by striking ``in the first 5 fiscal 
years beginning after the date of enactment of this Act'' and inserting 
``through fiscal year 2022''.
    (b) Authorization.--Section 234(b) of the Energy Policy Act of 2005 
(42 U.S.C. 15873(b)) is amended--
            (1) by striking ``Amounts'' and inserting the following:
            ``(1) In general.--Amounts''; and
            (2) by adding at the end the following:
            ``(2) Authorization.--Effective for fiscal year 2019 and 
        each fiscal year thereafter, amounts deposited under subsection 
        (a) shall be available to the Secretary of the Interior for 
        expenditure, without further appropriation or fiscal year 
        limitation, to implement the Geothermal Steam Act of 1970 (30 
        U.S.C. 1001 et seq.) and this Act.''.

SEC. 84410. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL 
              AND GAS LEASES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) is amended by adding at the end the following:
            ``(4) Land subject to oil and gas lease.--Land under an oil 
        and gas lease issued pursuant to the Mineral Leasing Act (30 
        U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired 
        Lands (30 U.S.C. 351 et seq.) that is subject to an approved 
        application for permit to drill and from which oil and gas 
        production is occurring may be available for noncompetitive 
        leasing under subsection (c) by the holder of the oil and gas 
        lease--
                    ``(A) on a determination that geothermal energy 
                will be produced from a well producing or capable of 
                producing oil and gas; and
                    ``(B) in order to provide for the coproduction of 
                geothermal energy with oil and gas.''.

SEC. 84411. NONCOMPETITIVE LEASING OF ADJOINING AREAS FOR DEVELOPMENT 
              OF GEOTHERMAL RESOURCES.

    Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
1003(b)) is further amended by adding at the end the following:
            ``(5) Adjoining land.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Fair market value per acre.--The term 
                        `fair market value per acre' means a dollar 
                        amount per acre that--
                                    ``(I) except as provided in this 
                                clause, shall be equal to the market 
                                value per acre (taking into account the 
                                determination under subparagraph 
                                (B)(iii) regarding a valid discovery on 
                                the adjoining land) as determined by 
                                the Secretary under regulations issued 
                                under this paragraph;
                                    ``(II) shall be determined by the 
                                Secretary with respect to a lease under 
                                this paragraph, by not later than the 
                                end of the 180-day period beginning on 
                                the date the Secretary receives an 
                                application for the lease; and
                                    ``(III) shall be not less than the 
                                greater of--
                                            ``(aa) 4 times the median 
                                        amount paid per acre for all 
                                        land leased under this Act 
                                        during the preceding year; or
                                            ``(bb) $50.
                            ``(ii) Industry standards.--The term 
                        `industry standards' means the standards by 
                        which a qualified geothermal professional 
                        assesses whether downhole or flowing 
                        temperature measurements with indications of 
                        permeability are sufficient to produce energy 
                        from geothermal resources, as determined 
                        through flow or injection testing or 
                        measurement of lost circulation while drilling.
                            ``(iii) Qualified federal land.--The term 
                        `qualified Federal land' means land that is 
                        otherwise available for leasing under this Act.
                            ``(iv) Qualified geothermal professional.--
                        The term `qualified geothermal professional' 
                        means an individual who is an engineer or 
                        geoscientist in good professional standing with 
                        at least 5 years of experience in geothermal 
                        exploration, development, or project 
                        assessment.
                            ``(v) Qualified lessee.--The term 
                        `qualified lessee' means a person who may hold 
                        a geothermal lease under this Act (including 
                        applicable regulations).
                            ``(vi) Valid discovery.--The term `valid 
                        discovery' means a discovery of a geothermal 
                        resource by a new or existing slim hole or 
                        production well, that exhibits downhole or 
                        flowing temperature measurements with 
                        indications of permeability that are sufficient 
                        to meet industry standards.
                    ``(B) Authority.--An area of qualified Federal land 
                that adjoins other land for which a qualified lessee 
                holds a legal right to develop geothermal resources may 
                be available for a noncompetitive lease under this 
                section to the qualified lessee at the fair market 
                value per acre, if--
                            ``(i) the area of qualified Federal land--
                                    ``(I) consists of not less than 1 
                                acre and not more than 640 acres; and
                                    ``(II) is not already leased under 
                                this Act or nominated to be leased 
                                under subsection (a);
                            ``(ii) the qualified lessee has not 
                        previously received a noncompetitive lease 
                        under this paragraph in connection with the 
                        valid discovery for which data has been 
                        submitted under clause (iii)(I); and
                            ``(iii) sufficient geological and other 
                        technical data prepared by a qualified 
                        geothermal professional has been submitted by 
                        the qualified lessee to the applicable Federal 
                        land management agency that would lead 
                        individuals who are experienced in the subject 
                        matter to believe that--
                                    ``(I) there is a valid discovery of 
                                geothermal resources on the land for 
                                which the qualified lessee holds the 
                                legal right to develop geothermal 
                                resources; and
                                    ``(II) that geothermal feature 
                                extends into the adjoining areas.
                    ``(C) Determination of fair market value.--
                            ``(i) In general.--The Secretary shall--
                                    ``(I) publish a notice of any 
                                request to lease land under this 
                                paragraph;
                                    ``(II) determine fair market value 
                                for purposes of this paragraph in 
                                accordance with procedures for making 
                                those determinations that are 
                                established by regulations issued by 
                                the Secretary;
                                    ``(III) provide to a qualified 
                                lessee and publish, with an opportunity 
                                for public comment for a period of 30 
                                days, any proposed determination under 
                                this subparagraph of the fair market 
                                value of an area that the qualified 
                                lessee seeks to lease under this 
                                paragraph; and
                                    ``(IV) provide to the qualified 
                                lessee and any adversely affected party 
                                the opportunity to appeal the final 
                                determination of fair market value in 
                                an administrative proceeding before the 
                                applicable Federal land management 
                                agency, in accordance with applicable 
                                law (including regulations).
                            ``(ii) Limitation on nomination.--After 
                        publication of a notice of request to lease 
                        land under this paragraph, the Secretary may 
                        not accept under subsection (a) any nomination 
                        of the land for leasing unless the request has 
                        been denied or withdrawn.
                            ``(iii) Annual rental.--For purposes of 
                        section 5(a)(3), a lease awarded under this 
                        paragraph shall be considered a lease awarded 
                        in a competitive lease sale.
                    ``(D) Regulations.--Not later than 270 days after 
                the date of the enactment of this paragraph, the 
                Secretary shall issue regulations to carry out this 
                paragraph.''.

SEC. 84412. SAVINGS CLAUSE.

    Notwithstanding any other provision of this subtitle, the Secretary 
shall continue to manage public lands under the principles of multiple 
use and sustained yield in accordance with title I of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), including 
due consideration of mineral and nonrenewable energy-related projects 
and other nonrenewable energy uses, for the purposes of land use 
planning, permit processing, and conducting environmental reviews.

             Subtitle E--Offshore Wind Jobs and Opportunity

SEC. 84501. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM.

    The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is 
amended by adding at the end the following:

``SEC. 33. OFFSHORE WIND CAREER TRAINING GRANT PROGRAM.

    ``(a) Grants Authorized.--Beginning 180 days after the date of the 
enactment of this section, the Secretary may award offshore wind career 
training grants to eligible entities for the purpose of establishing or 
expanding educational or career training programs that provide 
individuals in such programs skills and competencies necessary for 
employment in the offshore wind industry.
    ``(b) Allocation of Grants.--
            ``(1) Limitation on grant quantity and size.--An eligible 
        entity may not be awarded--
                    ``(A) more than one grant under this section for 
                which the eligible entity is the lead applicant; or
                    ``(B) a grant under this section in excess of 
                $2,500,000.
            ``(2) Allocation to community colleges.--Not less than 25 
        percent of the total amount awarded under this section for a 
        fiscal year shall be awarded to eligible entities that are 
        community colleges.
    ``(c) Partnerships.--An eligible entity seeking to receive a grant 
under this section shall establish or partner with one or more of the 
following:
            ``(1) Another eligible entity (including an eligible entity 
        that is a community college).
            ``(2) A State or local government agency responsible for 
        education, workforce development or offshore wind energy 
        activities.
            ``(3) A qualified intermediary.
    ``(d) Use of Grant.--An eligible entity may use a grant awarded 
under this section for the following activities:
            ``(1) Occupational skills training, including curriculum 
        development and class-room instruction.
            ``(2) Safety and health training.
            ``(3) The provision of English language acquisition and 
        employability skills.
            ``(4) Individual referral and tuition assistance for a 
        community college training program.
            ``(5) Career pathway development or expansion for offshore 
        wind industry occupations.
            ``(6) The development or expansion of work-based learning 
        or incumbent worker training programs aligned with career 
        pathways in a field related to the offshore wind industry, such 
        as paid internships, registered apprenticeships and programs 
        articulating to an apprenticeship program, customized training, 
        or transitional jobs.
            ``(7) Curriculum development at the under-graduate and 
        postgraduate levels.
            ``(8) Development and support of offshore wind energy 
        major, minor, or certificate programs.
            ``(9) Such other activities, as determined by the 
        Secretary, to meet the purposes of this section.
    ``(e) Grant Proposals.--
            ``(1) Submission procedure for grant proposals.--An 
        eligible entity seeking to receive a grant under this section 
        shall submit a grant proposal to the Secretary at such time, in 
        such manner, and containing such information as the Secretary 
        may require.
            ``(2) Content of grant proposals.--A grant proposal 
        submitted to the Secretary under this section shall include a 
        detailed description of--
                    ``(A) the specific project for which the grant 
                proposal is submitted, including the manner in which 
                the grant will be used to develop, offer, or improve an 
                educational or career training program that will 
                provide individuals in such program the skills and 
                competencies necessary for employment in the offshore 
                wind industry;
                    ``(B) any previous experience of the eligible 
                entity in providing such educational or career training 
                programs;
                    ``(C) the extent to which such project will meet 
                the educational or career training needs;
                    ``(D) the quantitative data that demonstrates the 
                demand for employment for such program in the 
                geographic area served by the eligible entity, 
                including wages and benefits for such employment;
                    ``(E) a description of the entities involved in the 
                industry or sector partnership; and
                    ``(F) a description of the activities the eligible 
                entity will carry out.
    ``(f) Criteria for Award of Grants.--
            ``(1) In general.--Subject to appropriations, the Secretary 
        shall award grants under this section based on an evaluation 
        of--
                    ``(A) the merits of the grant proposal;
                    ``(B) the available or projected employment 
                opportunities, including the projected wages and 
                benefits, available to individuals who complete the 
                educational or career training program that the 
                eligible entity proposes to develop, offer, or improve; 
                and
                    ``(C) the availability and capacity of existing 
                educational or career training programs in the 
                community to meet future demand for such programs.
            ``(2) Priority.--Priority in awarding grants under this 
        section shall be given to an eligible entity that--
                    ``(A) is--
                            ``(i) an institute of higher education that 
                        has formed a partnership with a labor 
                        organization or joint-labor management 
                        organization; or
                            ``(ii) a labor organization or joint-labor 
                        management organization that has formed a 
                        partnership with an institute of higher 
                        education;
                    ``(B) has entered into a memorandum of 
                understanding with one or more employers in the 
                offshore wind industry to partner on the establishment 
                or expansion of programs funded under this Act;
                    ``(C) is located in an economically distressed 
                area;
                    ``(D) serves a high number or high percentage of 
                individuals who are--
                            ``(i) dislocated workers (particularly 
                        workers dislocated from the offshore oil and 
                        gas, onshore fossil fuel, nuclear energy, or 
                        fishing industries);
                            ``(ii) veterans, members of the reserve 
                        components of the Armed Forces, or former 
                        members of such reserve components;
                            ``(iii) unemployed, underemployed, or 
                        disconnected;
                            ``(iv) individuals with barriers to 
                        employment;
                            ``(v) in-school and out-of-school youth; or
                            ``(vi) formerly incarcerated, adjudicated, 
                        nonviolent offenders;
                    ``(E) an eligible entity that proposes to serve a 
                high percentage or number of low-income or minority 
                students; or
                    ``(F) demonstration of or established plans for the 
                eligible entity to be included on the list of eligible 
                providers of training services described in section 
                122(d) of the Workforce Innovation and Opportunity Act 
                (29 U.S.C. 3152(d)).
            ``(3) Geographic distribution.--The Secretary shall, to the 
        extent practicable, award grants under this section in a manner 
        that provides for a reasonable geographic distribution, except 
        that the Secretary shall not be required to award grants 
        equally among different regions of the United States.
    ``(g) Matching Requirements.--A grant awarded under this section 
may not be used to satisfy any non-Federal funds matching requirement 
under any other provision of law.
    ``(h) Grantee Data Collection.--
            ``(1) In general.--A grantee, with respect to the 
        educational or career training program for which the grantee 
        received a grant under this section, shall collect and report 
        to the Secretary on an annual basis the following:
                    ``(A) The number of participants enrolled in the 
                educational or career training program.
                    ``(B) The number of participants that have 
                completed the educational or career training programing 
                the last 12 months.
                    ``(C) The services received by such participants, 
                including a description of training, education, and 
                supportive services.
                    ``(D) The amount spent by the grantee per 
                participant.
                    ``(E) The percentage of job placement of 
                participants in the offshore wind industry or related 
                fields.
                    ``(F) The percentage of employment retention--
                            ``(i) if the eligible entity is not an 
                        institution of higher education, 1 year after 
                        completion of the educational or career 
                        training program; or
                            ``(ii) if the eligible entity is an 
                        institution of higher education, 1 year after 
                        completion of the educational or career 
                        training program or 1 year after the 
                        participant is no longer enrolled in such 
                        institution of higher education, whichever is 
                        later.
                    ``(G) The percentage of program participants who 
                obtain a recognized postsecondary credential, or a 
                secondary school diploma or its recognized equivalent 
                during participation in or within 1 year after exit 
                from the program.
            ``(2) Disaggregation of data.--The data collected and 
        reported under this subsection shall be disaggregated by each 
        population specified in section 3(24) of the Workforce 
        Innovation and Opportunity Act (29 U.S.C. 3102(24)) and by 
        race, ethnicity, sex, and age.
            ``(3) Assistance from secretary.--The Secretary shall 
        assist grantees in the collection of data under this subsection 
        by making available, where practicable, low-cost means of 
        tracking the labor market outcomes of participants (including 
        through coordination with the Secretary of Labor) and by 
        providing standardized reporting forms, where appropriate. The 
        Secretary shall provide technical assistance and oversight to 
        assist the eligible entities in applying for and administering 
        grants.
    ``(j) Guidelines.--Not later than 90 days after the date of the 
enactment of this section, the Secretary shall--
            ``(1) promulgate guidelines for the submission of grant 
        proposals; and
            ``(2) publish and maintain such guidelines on a public 
        website of the Secretary.
    ``(k) Reporting Requirement.--Not later than 18 months after the 
date of the enactment of this section, and every 2 years thereafter, 
the Secretary shall submit a report to the Committee on Natural 
Resources of the House of Representatives, the Committee on Energy and 
Natural Resources of the Senate, the Committee on Education and Labor 
of the House of Representatives, and the Committee on Health, 
Education, Labor, and Pensions of the Senate on the grant program 
established by this section. The report shall include a description of 
the grantees and the activities for which grantees used a grant awarded 
under this section.
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated for purposes of this section $25,000,000 for each of 
fiscal years 2020 through 2024. The Secretary may use not more than 2 
percent of the amount appropriated for each fiscal year for 
administrative expenses, including the expenses of providing the 
technical assistance and oversight activities.
    ``(m) Definitions.--In this section:
            ``(1) Apprenticeship, apprenticeship program.--The term 
        `apprenticeship' or `apprenticeship program' means an 
        apprenticeship program registered under the Act of August 16, 
        1937 (commonly known as the `National Apprenticeship Act'; 50 
        Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any 
        requirement, standard, or rule promulgated under such Act, as 
        such requirement, standard, or rule was in effect on December 
        30, 2019. Any funds made available under this Act that are used 
        to fund an apprenticeship or apprenticeship program shall only 
        be used for, or provided to, an apprenticeship or 
        apprenticeship program that meets this definition, including 
        any funds awarded for the purposes of grants, contracts, or 
        cooperative agreements, or the development, implementation, or 
        administration, of an apprenticeship or an apprenticeship 
        program.
            ``(2) Community college.--The term `community college' has 
        the meaning given the term `junior or community college' in 
        section 312(f) of the Higher Education Act of 1965 (20 U.S.C. 
        1058(f)).
            ``(3) Eligible entity.--The term `eligible entity' means an 
        entity that is--
                    ``(A) an institution of higher education, as such 
                term is defined in section 101 of the Higher Education 
                Act of 1965 (20 U.S.C. 1001)); or
                    ``(B) a labor organization or a joint labor 
                management organization.
            ``(4) Grantee.--The term `grantee' means an eligible entity 
        that has received a grant under this section.
            ``(5) Lead applicant.--The term `lead applicant' means the 
        eligible entity that is primarily responsible for the 
        preparation, conduct, and administration of the project for 
        which the grant was awarded.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of the Interior, in consultation with the Secretary of Energy, 
        the Secretary of Education, and the Secretary of Labor.
            ``(7) Carl d. perkins career and technical education act 
        terms.--The terms `area career and technical education school', 
        `qualified intermediary', `Tribal educational agency', and 
        `work-based learning' have the meanings given the terms in 
        section 3 of the Carl D. Perkins Career and Technical Education 
        Act of 2006 (20 U.S.C. 2302).
            ``(8) Workforce innovation and opportunity act terms.--The 
        terms `career pathway', `dislocated worker', `English language 
        acquisition', `in-school youth', `individuals with barriers to 
        employment', `industry or sector partnership', `on-the-job 
        training', `out-of-school youth', `recognized postsecondary 
        credential', `supportive services', have the meanings given the 
        terms in section 3 of the Workforce Innovation and Opportunity 
        Act (29 U.S.C. 3102).''.

             Subtitle F--Community Reclamation Partnerships

SEC. 84601. REFERENCE.

    Except as otherwise specifically provided, whenever in this 
subtitle an amendment is expressed in terms of an amendment to a 
provision, the reference shall be considered to be made to a provision 
of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
1201 et seq.).

SEC. 84602. STATE MEMORANDA OF UNDERSTANDING FOR CERTAIN REMEDIATION.

    (a) Memoranda Authorized.--Section 405 (30 U.S.C. 1235) is amended 
by inserting after subsection (l) the following:
    ``(m) State Memoranda of Understanding for Remediation of Mine 
Drainage.--
            ``(1) In general.--A State with a State program approved 
        under subsection (d) may enter into a memorandum of 
        understanding with relevant Federal or State agencies (or both) 
        to remediate mine drainage on abandoned mine land and water 
        impacted by abandoned mines within the State. The memorandum 
        may be updated as necessary and resubmitted for approval under 
        this subsection.
            ``(2) Memoranda requirements.--Such memorandum shall 
        establish a strategy satisfactory to the State and Federal 
        agencies that are parties to the memorandum, to address water 
        pollution resulting from mine drainage at sites eligible for 
        reclamation and mine drainage abatement expenditures under 
        section 404, including specific procedures for--
                    ``(A) ensuring that activities carried out to 
                address mine drainage will result in improved water 
                quality;
                    ``(B) monitoring, sampling, and the reporting of 
                collected information as necessary to achieve the 
                condition required under subparagraph (A);
                    ``(C) operation and maintenance of treatment 
                systems as necessary to achieve the condition required 
                under subparagraph (A); and
                    ``(D) other purposes, as considered necessary by 
                the State or Federal agencies, to achieve the condition 
                required under subparagraph (A).
            ``(3) Public review and comment.--
                    ``(A) In general.--Before submitting a memorandum 
                to the Secretary and the Administrator for approval, a 
                State shall--
                            ``(i) invite interested members of the 
                        public to comment on the memorandum; and
                            ``(ii) hold at least one public meeting 
                        concerning the memorandum in a location or 
                        locations reasonably accessible to persons who 
                        may be affected by implementation of the 
                        memorandum.
                    ``(B) Notice of meeting.--The State shall publish 
                notice of each meeting not less than 15 days before the 
                date of the meeting, in local newspapers of general 
                circulation, on the Internet, and by any other means 
                considered necessary or desirable by the Secretary and 
                the Administrator.
            ``(4) Submission and approval.--The State shall submit the 
        memorandum to the Secretary and the Administrator of the 
        Environmental Protection Agency for approval. The Secretary and 
        the Administrator shall approve or disapprove the memorandum 
        within 120 days after the date of its submission if the 
        Secretary and Administrator find that the memorandum will 
        facilitate additional activities under the State Reclamation 
        Plan under subsection (e) that improve water quality.
            ``(5) Treatment as part of state plan.--A memorandum of a 
        State that is approved by the Secretary and the Administrator 
        under this subsection shall be considered part of the approved 
        abandoned mine reclamation plan of the State.
    ``(n) Community Reclaimer Partnerships.--
            ``(1) Project approval.--Within 120 days after receiving 
        such a submission, the Secretary shall approve a Community 
        Reclaimer project to remediate abandoned mine lands if the 
        Secretary finds that--
                    ``(A) the proposed project will be conducted by a 
                Community Reclaimer as defined in this subsection or 
                approved subcontractors of the Community Reclaimer;
                    ``(B) for any proposed project that remediates mine 
                drainage, the proposed project is consistent with an 
                approved State memorandum of understanding under 
                subsection (m);
                    ``(C) the proposed project will be conducted on a 
                site or sites inventoried under section 403(c);
                    ``(D) the proposed project meets all submission 
                criteria under paragraph (2);
                    ``(E) the relevant State has entered into an 
                agreement with the Community Reclaimer under which the 
                State shall assume all responsibility with respect to 
                the project for any costs or damages resulting from any 
                action or inaction on the part of the Community 
                Reclaimer in carrying out the project, except for costs 
                or damages resulting from gross negligence or 
                intentional misconduct by the Community Reclaimer, on 
                behalf of--
                            ``(i) the Community Reclaimer; and
                            ``(ii) the owner of the proposed project 
                        site,
                if such Community Reclaimer or owner, respectively, did 
                not participate in any way in the creation of site 
                conditions at the proposed project site or activities 
                that caused any lands or waters to become eligible for 
                reclamation or drainage abatement expenditures under 
                section 404;
                    ``(F) the State has the necessary legal authority 
                to conduct the project and will obtain all legally 
                required authorizations, permits, licenses, and other 
                approvals to ensure completion of the project;
                    ``(G) the State has sufficient financial resources 
                to ensure completion of the project, including any 
                necessary operation and maintenance costs (including 
                costs associated with emergency actions covered by a 
                contingency plan under paragraph (2)(K)); and
                    ``(H) the proposed project is not in a category of 
                projects that would require a permit under title V.
            ``(2) Project submission.--The State shall submit a request 
        for approval to the Secretary that shall include--
                    ``(A) a description of the proposed project, 
                including any engineering plans that must bear the seal 
                of a professional engineer;
                    ``(B) a description of the proposed project site or 
                sites, including, if relevant, the nature and extent of 
                pollution resulting from mine drainage;
                    ``(C) identification of the past and current owners 
                and operators of the proposed project site;
                    ``(D) the agreement or contract between the 
                relevant State and the Community Reclaimer to carry out 
                the project;
                    ``(E) a determination that the project will 
                facilitate the activities of the State reclamation plan 
                under subsection (e);
                    ``(F) sufficient information to determine whether 
                the Community Reclaimer has the technical capability 
                and expertise to successfully conduct the proposed 
                project;
                    ``(G) a cost estimate for the project and evidence 
                that the Community Reclaimer has sufficient financial 
                resources to ensure the successful completion of the 
                proposed project (including any operation or 
                maintenance costs);
                    ``(H) a schedule for completion of the project;
                    ``(I) an agreement between the Community Reclaimer 
                and the current owner of the site governing access to 
                the site;
                    ``(J) sufficient information to ensure that the 
                Community Reclaimer meets the definition under 
                paragraph (3);
                    ``(K) a contingency plan designed to be used in 
                response to unplanned adverse events that includes 
                emergency actions, response, and notifications; and
                    ``(L) a requirement that the State provide notice 
                to adjacent and downstream landowners and the public 
                and hold a public meeting near the proposed project 
                site before the project is initiated.
            ``(3) Community reclaimer defined.--For purposes of this 
        section, the term `Community Reclaimer' means any person who--
                    ``(A) seeks to voluntarily assist a State with a 
                reclamation project under this section;
                    ``(B) did not participate in any way in the 
                creation of site conditions at the proposed project 
                site or activities that caused any lands or waters to 
                become eligible for reclamation or drainage abatement 
                expenditures under section 404;
                    ``(C) is not a past or current owner or operator of 
                any site with ongoing reclamation obligations; and
                    ``(D) is not subject to outstanding violations 
                listed pursuant to section 510(c).''.

SEC. 84603. CLARIFYING STATE LIABILITY FOR MINE DRAINAGE PROJECTS.

    Section 413(d) (30 U.S.C. 1242(d)) is amended in the second 
sentence by inserting ``unless such control or treatment will be 
conducted in accordance with a State memorandum of understanding 
approved under section 405(m) of this Act'' after ``Control Act'' the 
second place it appears.

SEC. 84604. CONFORMING AMENDMENTS.

    Section 405(f) (30 U.S.C. 1235(f)) is amended--
            (1) by striking the ``and'' after the semicolon in 
        paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``; and''; and
            (3) by inserting at the end the following:
            ``(8) a list of projects proposed under subsection (n).''.

               Subtitle G--Sinkhole Hazard Identification

SEC. 84701. SINKHOLE HAZARD IDENTIFICATION.

    (a) Program.--The Director of the United States Geological Survey 
shall establish a program to--
            (1) study the short-term and long-term mechanisms that 
        cause sinkholes, including extreme storm events, prolonged 
        droughts causing shifts in water management practices, aquifer 
        depletion, and other major changes in water use; and
            (2) develop maps that depict zones that are at greater risk 
        of sinkhole formation.
    (b) Review of Maps.--Once during each 5-year period, or more often 
as the Director of the United States Geological Survey determines is 
necessary, the Director shall assess the need to revise and update the 
maps developed under this section.
    (c) Website.--The Director of the United States Geological Survey 
shall establish and maintain a public website that displays the maps 
developed under this section and other relevant information critical 
for use by community planners and emergency managers.

                        TITLE V--LABOR STANDARDS

SEC. 85101. LABOR STANDARDS.

    Except as otherwise provided in this Act or the amendments made by 
this Act, and in a manner consistent with this Act or the amendments 
made by this Act, all laborers and mechanics employed by contractors 
and subcontractors on projects funded directly by or assisted in whole 
or in part by or through the Federal Government pursuant to any 
provision of this division (or an amendment made by such a provision) 
shall be paid wages at rates not less than those prevailing on projects 
of a character similar in the locality as determined by the Secretary 
of Labor in accordance with subchapter IV of chapter 31 of title 40, 
United States Code, and with respect to the labor standards specified 
in this section the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States 
Code.

                     DIVISION M--REVENUE PROVISIONS

SEC. 90001. SHORT TITLE; ETC.

    (a) Short Title.--This division may be cited as the ``Renewable 
Energy, Efficiency, and Infrastructure Tax Act of 2020''.
    (b) Table of Contents.--The table of contents of this division is 
as follows:

                     DIVISION M--REVENUE PROVISIONS

Sec. 90001. Short title; etc.
                   TITLE I--INFRASTRUCTURE FINANCING

                Subtitle A--Bond Financing Enhancements

Sec. 90101. Credit to issuer for certain infrastructure bonds.
Sec. 90102. Advance refunding bonds.
Sec. 90103. Permanent modification of small issuer exception to tax-
                            exempt interest expense allocation rules 
                            for financial institutions.
Sec. 90104. Volume cap on private activity bonds.
Sec. 90105. Modifications to qualified small issue bonds.
Sec. 90106. Expansion of certain exceptions to the private activity 
                            bond rules for first-time farmers.
Sec. 90107. Exempt facility bonds for zero-emission vehicle 
                            infrastructure.
Sec. 90108. Certain water and sewage facility bonds exempt from volume 
                            cap on private activity bonds.
Sec. 90109. Qualified highway or surface freight transfer facility 
                            bonds.
Sec. 90110. Application of Davis-Bacon Act requirements with respect to 
                            certain exempt facility bonds.
                Subtitle B--School Infrastructure Bonds

Sec. 90111. Restoration of certain qualified tax credit bonds.
Sec. 90112. School infrastructure bonds.
Sec. 90113. Annual report on bond program.
Sec. 90114. Examining loan modifications to the HBCU Capital Financing 
                            Program.
    Subtitle C--Other Provisions Related to Infrastructure Financing

Sec. 90121. Credit for operations and maintenance costs of government-
                            owned broadband.
Sec. 90122. Treatment of financial guaranty insurance companies as 
                            qualifying insurance corporations under 
                            passive foreign investment company rules.
Sec. 90123. Infrastructure grants to improve child care safety.
                    TITLE II--NEW MARKETS TAX CREDIT

Sec. 90201. Improvement and permanent extension of new markets tax 
                            credit.
                  TITLE III--REHABILITATION TAX CREDIT

Sec. 90301. Increase in rehabilitation credit.
Sec. 90302. Increase in the rehabilitation credit for certain small 
                            projects.
Sec. 90303. Modification of definition of substantially rehabilitated.
Sec. 90304. Temporary extension of period for completing 
                            rehabilitation.
Sec. 90305. Elimination of rehabilitation credit basis adjustment.
Sec. 90306. Modifications regarding certain tax-exempt use property.
Sec. 90307. Qualification of rehabilitation expenditures for public 
                            school buildings for rehabilitation credit.
                         TITLE IV--GREEN ENERGY

Sec. 90400. Short title.
    Subtitle A--Renewable Electricity and Reducing Carbon Emissions

Sec. 90401. Extension of credit for electricity produced from certain 
                            renewable resources.
Sec. 90402. Extension and modification of energy credit.
Sec. 90403. Extension of credit for carbon oxide sequestration.
Sec. 90404. Elective payment for energy property and electricity 
                            produced from certain renewable resources, 
                            etc.
Sec. 90405. Extension of energy credit for offshore wind facilities.
Sec. 90406. Green energy publicly traded partnerships.
                      Subtitle B--Renewable Fuels

Sec. 90411. Biodiesel and renewable diesel.
Sec. 90412. Extension of excise tax credits relating to alternative 
                            fuels.
Sec. 90413. Extension of second generation biofuel incentives.
   Subtitle C--Green Energy and Efficiency Incentives for Individuals

Sec. 90421. Extension, increase, and modifications of nonbusiness 
                            energy property credit.
Sec. 90422. Residential energy efficient property.
Sec. 90423. Energy efficient commercial buildings deduction.
Sec. 90424. Extension, increase, and modifications of new energy 
                            efficient home credit.
Sec. 90425. Modifications to income exclusion for conservation 
                            subsidies.
        Subtitle D--Greening the Fleet and Alternative Vehicles

Sec. 90431. Modification of limitations on new qualified plug-in 
                            electric drive motor vehicle credit.
Sec. 90432. Credit for previously-owned qualified plug-in electric 
                            drive motor vehicles.
Sec. 90433. Credit for zero-emission heavy vehicles and zero-emission 
                            buses.
Sec. 90434. Qualified fuel cell motor vehicles.
Sec. 90435. Alternative fuel refueling property credit.
Sec. 90436. Modification of employer-provided fringe benefits for 
                            bicycle commuting.
             Subtitle E--Investment in the Green Workforce

Sec. 90441. Extension of the advanced energy project credit.
Sec. 90442. Labor costs of installing mechanical insulation property.
Sec. 90443. Labor standards for certain energy jobs.
                   Subtitle F--Environmental Justice

Sec. 90451. Qualified environmental justice program credit.
 Subtitle G--Treasury Report on Data From the Greenhouse Gas Reporting 
                                Program

Sec. 90461. Report on Greenhouse Gas Reporting Program.
                    TITLE V--DISASTER AND RESILIENCY

Sec. 90501. Exclusion of amounts received from state-based catastrophe 
                            loss mitigation programs.
Sec. 90502. Repeal of temporary limitation on personal casualty losses.
                           TITLE VI--HOUSING

         Subtitle A--Low-Income Housing Tax Credit Improvements

Sec. 90601. Extension of period for rehabilitation expenditures.
Sec. 90602. Extension of basis expenditure deadline.
Sec. 90603. Tax-exempt bond financing requirement.
Sec. 90604. Minimum credit rate.
Sec. 90605. Increases in State allocations.
Sec. 90606. Increase in credit for certain projects designated to serve 
                            extremely low-income households.
Sec. 90607. Inclusion of Indian areas as difficult development areas 
                            for purposes of certain buildings.
Sec. 90608. Inclusion of rural areas as difficult development areas.
Sec. 90609. Increase in credit for bond-financed projects designated by 
                            housing credit agency.
Sec. 90610. Repeal of qualified contract option.
Sec. 90611. Prohibition of local approval and contribution 
                            requirements.
Sec. 90612. Adjustment of credit to provide relief during COVID-19 
                            outbreak.
Sec. 90613. Credit for low-income housing supportive services.
                 Subtitle B--Neighborhood Homes Credit

Sec. 90621. Neighborhood homes credit.
                     TITLE VII--TRIBAL DEVELOPMENT

Sec. 90701. Treatment of Indian Tribes as States with respect to bond 
                            issuance.
Sec. 90702. Treatment of Tribal foundations and charities like 
                            charities funded and controlled by other 
                            governmental funders and sponsors.
Sec. 90703. New markets tax credit.
            TITLE VIII--HIGHWAY TRUST FUND AND RELATED TAXES

Sec. 90801. Extension of Highway Trust Fund expenditure authority.
Sec. 90802. Extension of highway-related taxes.
Sec. 90803. Additional transfers to Highway Trust Fund.
    (c) Amendment of 1986 Code.--Except as otherwise expressly 
provided, whenever in this division an amendment or repeal is expressed 
in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Internal Revenue Code of 1986.

                   TITLE I--INFRASTRUCTURE FINANCING

                Subtitle A--Bond Financing Enhancements

SEC. 90101. CREDIT TO ISSUER FOR CERTAIN INFRASTRUCTURE BONDS.

    (a) In General.--Subchapter B of chapter 65 is amended by adding at 
the end the following new section:

``SEC. 6431A. CREDIT ALLOWED TO ISSUER FOR QUALIFIED INFRASTRUCTURE 
              BONDS.

    ``(a) In General.--In the case of a qualified infrastructure bond, 
the issuer of such bond shall be allowed a credit with respect to each 
interest payment under such bond which shall be payable by the 
Secretary as provided in subsection (b).
    ``(b) Payment of Credit.--
            ``(1) In general.--The Secretary shall pay 
        (contemporaneously with each date on which interest is so 
        payable) to the issuer of such bond (or to any person who makes 
        such interest payments on behalf of such issuer) an amount 
        equal to the applicable percentage of such interest so payable.
            ``(2) Applicable percentage.--For purposes of this 
        subsection, except as provided in subsection (d), the 
        applicable percentage with respect to any bond shall be 
        determined under the following table:
``In the case of a bond issued      The applicable percentage is:
        during calendar year:
        2020 through 2024..................................         42%
        2025...............................................         38%
        2026...............................................         34%
        2027 and thereafter................................         30%

            ``(3) Limitation.--
                    ``(A) In general.--The amount of any interest 
                payment taken into account under paragraph (1) with 
                respect to a bond for any payment date shall not exceed 
                the amount of interest which would have been payable 
                under such bond on such date if such interest were 
                determined at the rate which the Secretary estimates 
                will permit the issuance of qualified infrastructure 
                bonds with a specified maturity or redemption date 
                without discount and without additional interest cost.
                    ``(B) Date of rate determination with respect to 
                bond.--Such rate with respect to any qualified 
                infrastructure bond shall be determined as of the first 
                day on which there is a binding, written contract for 
                the sale or exchange of the bond.
    ``(c) Qualified Infrastructure Bond.--
            ``(1) In general.--For purposes of this section, the term 
        `qualified infrastructure bond' means any bond (other than a 
        private activity bond) issued as part of an issue if--
                    ``(A) 100 percent of the available project proceeds 
                of such issue are to be used for capital expenditures 
                or operations and maintenance expenditures in 
                connection with property the acquisition, construction, 
                or improvement of which would be a capital expenditure,
                    ``(B) the interest on such bond would (but for this 
                section) be excludable from gross income under section 
                103,
                    ``(C) the issue price has not more than a de 
                minimis amount (determined under rules similar to the 
                rules of section 1273(a)(3)) of premium over the stated 
                principal amount of the bond, and
                    ``(D) prior to the issuance of such bond, the 
                issuer makes an irrevocable election to have this 
                section apply.
            ``(2) Applicable rules.--For purposes of applying paragraph 
        (1)--
                    ``(A) Not treated as federally guaranteed.--For 
                purposes of section 149(b), a qualified infrastructure 
                bond shall not be treated as federally guaranteed by 
                reason of the credit allowed under this section.
                    ``(B) Application of arbitrage rules.--For purposes 
                of section 148, the yield on a qualified infrastructure 
                bond shall be reduced by the credit allowed under this 
                section.
    ``(d) Definition and Special Rules.--For purposes of this section--
            ``(1) Interest includible in gross income.--For purposes of 
        this title, interest on any qualified infrastructure bond shall 
        be includible in gross income.
            ``(2) Available project proceeds.--The term `available 
        project proceeds' means--
                    ``(A) the excess of--
                            ``(i) the proceeds from the sale of an 
                        issue, over
                            ``(ii) the sum of--
                                    ``(I) issuance costs financed by 
                                the issue (the extent that such costs 
                                do not exceed 2 percent of such 
                                proceeds), and
                                    ``(II) amounts in a reasonably 
                                required reserve (within the meaning of 
                                section 150(a)(3)) with respect to such 
                                issue), and
                    ``(B) the proceeds from any investment of the 
                excess described in clause (i).
            ``(3) Current refundings allowed.--
                    ``(A) In general.--In the case of a bond issued to 
                refund a qualified infrastructure bond, such refunding 
                bond shall be treated as a qualified infrastructure 
                bond for purposes of this section if--
                            ``(i) the average maturity date of the 
                        issue of which the refunding bond is a part is 
                        not later than the average maturity date of the 
                        bonds to be refunded by such issue,
                            ``(ii) the amount of the refunding bond 
                        does not exceed the outstanding amount of the 
                        refunded bond,
                            ``(iii) the refunded bond is redeemed not 
                        later than 90 days after the date of the 
                        issuance of the refunding bond, and
                            ``(iv) the refunded bond was issued more 
                        than 30 days after the date of the enactment of 
                        this section.
                    ``(B) Applicable percentage limitation.--The 
                applicable percentage with respect to any bond to which 
                subparagraph (A) applies shall be 30 percent.
                    ``(C) Determination of average maturity.--For 
                purposes of subparagraph (A)(i), average maturity shall 
                be determined in accordance with section 147(b)(2)(A).
                    ``(D) Application of davis-bacon act requirements 
                with respect to qualified infrastructure bonds.--
                Subchapter IV of chapter 31 of the title 40, United 
                States Code, shall apply to projects financed with the 
                proceeds of qualified infrastructure bonds.
    ``(e) Regulations.--The Secretary may prescribe such regulations 
and other guidance as may be necessary or appropriate to carry out this 
section.''.
    (b) Payments Made Under Section 6431A of the Internal Revenue Code 
of 1986.--Section 255(g)(1)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by 
inserting: ``Payments made under section 6431A of the Internal Revenue 
Code of 1986'' after the item related to Payment to Radiation Exposure 
Compensation Trust Fund.
    (c) Conforming Amendments.--
            (1) Section 1324(b)(2) of title 31, United States Code, is 
        amended by striking ``or 6431'' and inserting ``6431, or 
        6431A''.
            (2) The table of sections for subchapter B of chapter 65 is 
        amended by adding at the end the following new item:

``Sec. 6431A. Credit allowed to issuer for qualified infrastructure 
                            bonds.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to bonds issued more than 30 days after the date of the enactment 
of this Act.

SEC. 90102. ADVANCE REFUNDING BONDS.

    (a) In General.--Section 149(d) is amended--
            (1) by striking ``to advance refund another bond.'' in 
        paragraph (1) and inserting ``as part of an issue described in 
        paragraph (2), (3), or (4).'',
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (5) and (7), respectively,
            (3) by inserting after paragraph (1) the following new 
        paragraphs:
            ``(2) Certain private activity bonds.--An issue is 
        described in this paragraph if any bond (issued as part of such 
        issue) is issued to advance refund a private activity bond 
        (other than a qualified 501(c)(3) bond).
            ``(3) Other bonds.--
                    ``(A) In general.--An issue is described in this 
                paragraph if any bond (issued as part of such issue), 
                hereinafter in this paragraph referred to as the 
                `refunding bond', is issued to advance refund a bond 
                unless--
                            ``(i) the refunding bond is only--
                                    ``(I) the first advance refunding 
                                of the original bond if the original 
                                bond is issued after 1985, or
                                    ``(II) the first or second advance 
                                refunding of the original bond if the 
                                original bond was issued before 1986,
                            ``(ii) in the case of refunded bonds issued 
                        before 1986, the refunded bond is redeemed not 
                        later than the earliest date on which such bond 
                        may be redeemed at par or at a premium of 3 
                        percent or less,
                            ``(iii) in the case of refunded bonds 
                        issued after 1985, the refunded bond is 
                        redeemed not later than the earliest date on 
                        which such bond may be redeemed,
                            ``(iv) the initial temporary period under 
                        section 148(c) ends--
                                    ``(I) with respect to the proceeds 
                                of the refunding bond not later than 30 
                                days after the date of issue of such 
                                bond, and
                                    ``(II) with respect to the proceeds 
                                of the refunded bond on the date of 
                                issue of the refunding bond, and
                            ``(v) in the case of refunded bonds to 
                        which section 148(e) did not apply, on and 
                        after the date of issue of the refunding bond, 
                        the amount of proceeds of the refunded bond 
                        invested in higher yielding investments (as 
                        defined in section 148(b)) which are nonpurpose 
                        investments (as defined in section 
                        148(f)(6)(A)) does not exceed--
                                    ``(I) the amount so invested as 
                                part of a reasonably required reserve 
                                or replacement fund or during an 
                                allowable temporary period, and
                                    ``(II) the amount which is equal to 
                                the lesser of 5 percent of the proceeds 
                                of the issue of which the refunded bond 
                                is a part or $100,000 (to the extent 
                                such amount is allocable to the 
                                refunded bond).
                    ``(B) Special rules for redemptions.--
                            ``(i) Issuer must redeem only if debt 
                        service savings.--Clause (ii) and (iii) of 
                        subparagraph (A) shall apply only if the issuer 
                        may realize present value debt service savings 
                        (determined without regard to administrative 
                        expenses) in connection with the issue of which 
                        the refunding bond is a part.
                            ``(ii) Redemptions not required before 90th 
                        day.--For purposes of clauses (ii) and (iii) of 
                        subparagraph (A), the earliest date referred to 
                        in such clauses shall not be earlier than the 
                        90th day after the date of issuance of the 
                        refunding bond.
            ``(4) Abusive transactions prohibited.--An issue is 
        described in this paragraph if any bond (issued as part of such 
        issue) is issued to advance refund another bond and a device is 
        employed in connection with the issuance of such issue to 
        obtain a material financial advantage (based on arbitrage) 
        apart from savings attributable to lower interest rates.'', and
            (4) by inserting after paragraph (5) (as so redesignated) 
        the following new paragraph:
            ``(6) Special rules for purposes of paragraph (3).--For 
        purposes of paragraph (3), bonds issued before October 22, 
        1986, shall be taken into account under subparagraph (A)(i) 
        thereof except--
                    ``(A) a refunding which occurred before 1986 shall 
                be treated as an advance refunding only if the 
                refunding bond was issued more than 180 days before the 
                redemption of the refunded bond, and
                    ``(B) a bond issued before 1986, shall be treated 
                as advance refunded no more than once before March 15, 
                1986.''.
    (b) Conforming Amendment.--Section 148(f)(4)(C) is amended by 
redesignating clauses (xiv) through (xvi) as clauses (xv) to (xvii), 
respectively, and by inserting after clause (xiii) the following new 
clause:
                            ``(xiv) Determination of initial temporary 
                        period.--For purposes of this subparagraph, the 
                        end of the initial section temporary period 
                        shall be determined without regard to section 
                        149(d)(3)(A)(iv).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to advance refunding bonds issued more than 30 days after the 
date of the enactment of this Act.

SEC. 90103. PERMANENT MODIFICATION OF SMALL ISSUER EXCEPTION TO TAX-
              EXEMPT INTEREST EXPENSE ALLOCATION RULES FOR FINANCIAL 
              INSTITUTIONS.

    (a) Permanent Increase in Limitation.--Subparagraphs (C)(i), 
(D)(i), and (D)(iii)(II) of section 265(b)(3) are each amended by 
striking ``$10,000,000'' and inserting ``$30,000,000''.
    (b) Permanent Modification of Other Special Rules.--Section 
265(b)(3) is amended--
            (1) by redesignating clauses (iv), (v), and (vi) of 
        subparagraph (G) as clauses (ii), (iii), and (iv), 
        respectively, and moving such clauses to the end of 
        subparagraph (H) (as added by paragraph (2)), and
            (2) by striking so much of subparagraph (G) as precedes 
        such clauses and inserting the following:
                    ``(G) Qualified 501(c)(3) bonds treated as issued 
                by exempt organization.--In the case of a qualified 
                501(c)(3) bond (as defined in section 145), this 
                paragraph shall be applied by treating the 501(c)(3) 
                organization for whose benefit such bond was issued as 
                the issuer.
                    ``(H) Special rule for qualified financings.--
                            ``(i) In general.--In the case of a 
                        qualified financing issue--
                                    ``(I) subparagraph (F) shall not 
                                apply, and
                                    ``(II) any obligation issued as a 
                                part of such issue shall be treated as 
                                a qualified tax-exempt obligation if 
                                the requirements of this paragraph are 
                                met with respect to each qualified 
                                portion of the issue (determined by 
                                treating each qualified portion as a 
                                separate issue which is issued by the 
                                qualified borrower with respect to 
                                which such portion relates).''.
    (c) Inflation Adjustment.--Section 265(b)(3), as amended by 
subsection (b), is amended by adding at the end the following new 
subparagraph:
                    ``(I) Inflation adjustment.--In the case of any 
                calendar year after 2020, the $30,000,000 amounts 
                contained in subparagraphs (C)(i), (D)(i), and 
                (D)(iii)(II) shall each be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for such 
                        calendar year, determined by substituting 
                        `calendar year 2019' for `calendar year 2016' 
                        in subparagraph (A)(ii) thereof.
                Any increase determined under the preceding sentence 
                shall be rounded to the nearest multiple of 
                $100,000.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of the enactment of this 
Act.

SEC. 90104. VOLUME CAP ON PRIVATE ACTIVITY BONDS.

    (a) In General.--Section 146(d)(1) is amended--
            (1) by striking ``$75 ($62.50 in the case of calendar year 
        2001)'' and inserting ``$115'', and
            (2) by striking ``$225,000,000 ($187,500,000 in the case of 
        calendar year 2001)'' and inserting ``$353,775,000''.
    (b) Inflation Adjustment.--Section 146(d)(2) is amended--
            (1) by striking ``2002'' and inserting ``2020'', and
            (2) by striking ``2001'' in subparagraph (B) and inserting 
        ``2019''.
    (c) Effective Date.--The amendments made by this section shall 
apply to calendar years after 2020.

SEC. 90105. MODIFICATIONS TO QUALIFIED SMALL ISSUE BONDS.

    (a) Manufacturing Facilities To Include Production of Intangible 
Property and Functionally Related Facilities.--Subparagraph (C) of 
section 144(a)(12) is amended to read as follows:
                    ``(C) Manufacturing facility.--For purposes of this 
                paragraph--
                            ``(i) In general.--The term `manufacturing 
                        facility' means any facility which--
                                    ``(I) is used in the manufacturing 
                                or production of tangible personal 
                                property (including the processing 
                                resulting in a change in the condition 
                                of such property),
                                    ``(II) is used in the creation or 
                                production of intangible property which 
                                is described in section 
                                197(d)(1)(C)(iii), or
                                    ``(III) is functionally related and 
                                subordinate to a facility described in 
                                subclause (I) or (II) if such facility 
                                is located on the same site as the 
                                facility described in subclause (I) or 
                                (II).
                            ``(ii) Certain facilities included.--The 
                        term `manufacturing facility' includes 
                        facilities that are directly related and 
                        ancillary to a manufacturing facility 
                        (determined without regard to this clause) if--
                                    ``(I) those facilities are located 
                                on the same site as the manufacturing 
                                facility, and
                                    ``(II) not more than 25 percent of 
                                the net proceeds of the issue are used 
                                to provide those facilities.
                            ``(iii) Limitation on office space.--A rule 
                        similar to the rule of section 142(b)(2) shall 
                        apply for purposes of clause (i).
                            ``(iv) Limitation on refundings for certain 
                        property.--Subclauses (II) and (III) of clause 
                        (i) shall not apply to any bond issued on or 
                        before the date of the enactment of the 
                        Renewable Energy, Efficiency, and 
                        Infrastructure Tax Act of 2020, or to any bond 
                        issued to refund a bond issued on or before 
                        such date (other than a bond to which clause 
                        (iii) of this subparagraph (as in effect before 
                        the date of the enactment of the Renewable 
                        Energy, Efficiency, and Infrastructure Tax Act 
                        of 2020) applies), either directly or in a 
                        series of refundings.''.
    (b) Increase in Limitations.--Section 144(a)(4) is amended--
            (1) in subparagraph (A)(i), by striking ``$10,000,000'' and 
        inserting ``$30,000,000'', and
            (2) in the heading, by striking ``$10,000,000'' and 
        inserting ``$30,000,000''.
    (c) Adjustment for Inflation.--Section 144(a)(4) is amended by 
adding at the end the following new subparagraph:
                    ``(H) Adjustment for inflation.--In the case of any 
                calendar year after 2020, the $30,000,000 amount in 
                subparagraph (A) shall be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year, determined by substituting 
                        `calendar year 2019' for `calendar year 2016' 
                        in subparagraph (A)(ii) thereof.
                If any amount as increased under the preceding sentence 
                is not a multiple of $100,000, such amount shall be 
                rounded to the nearest multiple of $100,000.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to obligations issued after the date of the enactment of this 
Act.

SEC. 90106. EXPANSION OF CERTAIN EXCEPTIONS TO THE PRIVATE ACTIVITY 
              BOND RULES FOR FIRST-TIME FARMERS.

    (a) Increase in Dollar Limitation.--
            (1) In general.--Section 147(c)(2)(A) is amended by 
        striking ``$450,000'' and inserting ``$552,500''.
            (2) Repeal of separate lower dollar limitation on used farm 
        equipment.--Section 147(c)(2) is amended by striking 
        subparagraph (F) and by redesignating subparagraphs (G) and (H) 
        as subparagraphs (F) and (G), respectively.
            (3) Qualified small issue bond limitation conformed to 
        increased dollar limitation.--Section 144(a)(11)(A) is amended 
        by striking ``$250,000'' and inserting ``$552,500''.
            (4) Inflation adjustment.--
                    (A) In general.--Section 147(c)(2)(G), as 
                redesignated by paragraph (2), is amended--
                            (i) by striking ``after 2008, the dollar 
                        amount in subparagraph (A) shall be increased'' 
                        and inserting ``after 2020, the dollar amounts 
                        in subparagraph (A) and section 144(a)(11)(A) 
                        shall each be increased'', and
                            (ii) in clause (ii), by striking ``2007'' 
                        and inserting ``2019''.
                    (B) Cross-reference.--Section 144(a)(11) is amended 
                by adding at the end the following new subparagraph:
                    ``(D) Inflation adjustment.--For inflation 
                adjustment of dollar amount contained in subparagraph 
                (A), see section 147(c)(2)(G).''.
    (b) Substantial Farmland Determined on Basis of Average Rather Than 
Median Farm Size.--Section 147(c)(2)(E) is amended by striking 
``median'' and inserting ``average''.
    (c) Effective Date.--The amendments made by this section shall 
apply to bonds issued after the date of the enactment of this Act.

SEC. 90107. EXEMPT FACILITY BONDS FOR ZERO-EMISSION VEHICLE 
              INFRASTRUCTURE.

    (a) In General.--Section 142 is amended--
            (1) in subsection (a)--
                    (A) in paragraph (14), by striking ``or'' at the 
                end,
                    (B) in paragraph (15), by striking the period at 
                the end and inserting ``, or'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(16) zero-emission vehicle infrastructure.'', and
            (2) by adding at the end the following new subsection:
    ``(n) Zero-Emission Vehicle Infrastructure.--
            ``(1) In general.--For purposes of subsection (a)(16), the 
        term `zero-emission vehicle infrastructure' means any property 
        (not including a building and its structural components) if 
        such property is part of a unit which--
                    ``(A) is used to charge or fuel zero-emissions 
                vehicles,
                    ``(B) is located where the vehicles are charged or 
                fueled,
                    ``(C) is of a character subject to the allowance 
                for depreciation (or amortization in lieu of 
                depreciation),
                    ``(D) is made available for use by members of the 
                general public,
                    ``(E) accepts payment by use of a credit card 
                reader, and
                    ``(F) is capable of charging or fueling vehicles 
                produced by more than one manufacturer (within the 
                meaning of section 30D(d)(3)).
            ``(2) Inclusion of utility service connections, etc.--The 
        term `zero-emission vehicle infrastructure' shall include any 
        utility service connections, utility panel upgrades, line 
        extensions and conduit, transformer upgrades, or similar 
        property, in connection with property meeting the requirements 
        of paragraph (1).
            ``(3) Zero-emissions vehicle.--The term `zero-emissions 
        vehicle' means--
                    ``(A) a zero-emission vehicle as defined in section 
                88.102-94 of title 40, Code of Federal Regulations, or
                    ``(B) a vehicle that produces zero exhaust 
                emissions of any criteria pollutant (or precursor 
                pollutant) or greenhouse gas under any possible 
                operational modes and conditions.
            ``(4) Zero-emissions vehicle infrastructure located within 
        other facilities or projects.--For purposes of subsection (a), 
        any zero-emission vehicle infrastructure located within--
                    ``(A) a facility or project described in subsection 
                (a), or
                    ``(B) an area adjacent to a facility or project 
                described in subsection (a) that primarily serves 
                vehicles traveling to or from such facility or project,
        shall be treated as described in the paragraph in which such 
        facility or project is described.
            ``(5) Exception for refueling property for fleet 
        vehicles.--Subparagraphs (D), (E), and (F) of paragraph (1) 
        shall not apply to property which is part of a unit which is 
        used exclusively by fleets of commercial or governmental 
        vehicles.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to obligations issued after December 31, 2020.

SEC. 90108. CERTAIN WATER AND SEWAGE FACILITY BONDS EXEMPT FROM VOLUME 
              CAP ON PRIVATE ACTIVITY BONDS.

    (a) In General.--Section 146(g) is amended by striking ``and'' at 
the end of paragraph (3), striking the period at the end of paragraph 
(4) and inserting ``, and'', and inserting after paragraph (4) the 
following new paragraph:
            ``(5) any exempt facility bond issued as part of an issue 
        described in paragraph (4) or (5) of section 142(a) if 95 
        percent or more of the net proceeds of such issue are to be 
        used to provide facilities which--
                    ``(A) will be used--
                            ``(i) by a person who was, as of July 1, 
                        2020, engaged in operation of a facility 
                        described in such paragraph, and
                            ``(ii) to provide service within the area 
                        served by such person on such date (or within a 
                        county or city any portion of which is within 
                        such area), or
                    ``(B) will be used by a successor in interest to 
                such person for the same use and within the same 
                service area as described in subparagraph (A).''.

SEC. 90109. QUALIFIED HIGHWAY OR SURFACE FREIGHT TRANSFER FACILITY 
              BONDS.

    (a) Increase in Limitation.--Section 142(m)(2)(A) is amended by 
striking ``$15,000,000,000'' and inserting ``$18,750,000,000''.
    (b) Effective Date.--The amendments made by this section shall 
apply to bonds issued after the date of the enactment of this Act.

SEC. 90110. APPLICATION OF DAVIS-BACON ACT REQUIREMENTS WITH RESPECT TO 
              CERTAIN EXEMPT FACILITY BONDS.

    (a) In General.--Section 142(b) is amended by adding at the end the 
following new paragraph:
            ``(3) Application of davis-bacon act requirements with 
        respect to certain exempt facility bonds.--If any proceeds of 
        any issue are used for construction, alteration, or repair of 
        any facility otherwise described in paragraph (4), (5), (15), 
        or (16) of subsection (a), such facility shall be treated for 
        purposes of subsection (a) as described in such paragraph only 
        if each entity that receives such proceeds to conduct such 
        construction, alteration, or repair agrees to comply with the 
        provisions of subchapter IV of chapter 31 of title 40, United 
        States Code with respect to such construction, alteration, or 
        repair.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to bonds issued after the date of the enactment of this Act.

                Subtitle B--School Infrastructure Bonds

SEC. 90111. RESTORATION OF CERTAIN QUALIFIED TAX CREDIT BONDS.

    (a) Allowance of Credit.--
            (1) In general.--Section 54A, as in effect before repeal by 
        Public Law 115-97, is restored as if such repeal had not taken 
        effect.
            (2) Credit limited to certain bonds.--Section 54A(d)(1), as 
        restored by paragraph (1), is amended by striking subparagraphs 
        (A), (B), and (C).
    (b) Credit Allowed to Issuer.--
            (1) In general.--Section 6431, as in effect before repeal 
        by Public Law 115-97, is restored as if such repeal had not 
        taken effect.
            (2) School infrastructure bonds.--Section 6431(f)(3), as 
        restored by paragraph (1), is amended by inserting ``any school 
        infrastructure bond (as defined in section 54BB) or'' before 
        ``any qualified tax credit bond''.
    (c) Qualified Zone Academy Bonds.--
            (1) In general.--Section 54E, as in effect before repeal by 
        Public Law 115-97, is restored as if such repeal had not taken 
        effect.
            (2) Removal of private business contribution requirement.--
        Section 54E, as restored by paragraph (1), is amended--
                    (A) in subsection (a)(3), by inserting ``and'' at 
                the end of subparagraph (A), by striking subparagraph 
                (B), and by redesignating subparagraph (C) as 
                subparagraph (B);
                    (B) by striking subsection (b); and
                    (C) in subsection (c)(1)--
                            (i) by striking ``and $400,000,0000'' and 
                        inserting ``$400,000,000''; and
                            (ii) by striking ``and, except as 
                        provided'' and all that follows through the 
                        period at the end and inserting ``, and 
                        $1,400,000,000 for 2020 and each year 
                        thereafter.''.
            (3) Construction of a public school facility.--Section 
        54E(d)(3)(A), as restored by paragraph (1), is amended by 
        striking ``rehabilitating or repairing'' and inserting 
        ``constructing, rehabilitating, retrofitting, or repairing''.
    (d) Conforming Amendments.--
            (1) So much of subpart I of part IV of subchapter A of 
        chapter 1 as precedes section 54A, as in effect before repeal 
        by Public Law 115-97, is restored as if such repeal had not 
        taken effect.
            (2) The table of sections for such subpart I, as restored 
        by paragraph (1), is amended by striking the items relating to 
        sections 54B, 54C, 54D, and 54F.
    (e) Effective Date.--The amendments made by this section shall 
apply to obligations issued after December 31, 2020.

SEC. 90112. SCHOOL INFRASTRUCTURE BONDS.

    (a) In General.--Part IV of subchapter A of chapter 1 is amended by 
inserting after subpart I (as restored by section 90111) the following 
new subpart:

                ``Subpart J--School Infrastructure Bonds

``Sec. 54BB. School infrastructure bonds.

``SEC. 54BB. SCHOOL INFRASTRUCTURE BONDS.

    ``(a) In General.--If a taxpayer holds a school infrastructure bond 
on one or more interest payment dates of the bond during any taxable 
year, there shall be allowed as a credit against the tax imposed by 
this chapter for the taxable year an amount equal to the sum of the 
credits determined under subsection (b) with respect to such dates.
    ``(b) Amount of Credit.--The amount of the credit determined under 
this subsection with respect to any interest payment date for a school 
infrastructure bond is 100 percent of the amount of interest payable by 
the issuer with respect to such date.
    ``(c) Limitation Based on Amount of Tax.--
            ``(1) In general.--The credit allowed under subsection (a) 
        for any taxable year shall not exceed the excess of--
                    ``(A) the sum of the regular tax liability (as 
                defined in section 26(b)) plus the tax imposed by 
                section 55, over
                    ``(B) the sum of the credits allowable under this 
                part (other than subpart C and this subpart).
            ``(2) Carryover of unused credit.--If the credit allowable 
        under subsection (a) exceeds the limitation imposed by 
        paragraph (1) for such taxable year, such excess shall be 
        carried to the succeeding taxable year and added to the credit 
        allowable under subsection (a) for such taxable year 
        (determined before the application of paragraph (1) for such 
        succeeding taxable year).
    ``(d) School Infrastructure Bond.--
            ``(1) In general.--For purposes of this section, the term 
        `school infrastructure bond' means any bond issued as part of 
        an issue if--
                    ``(A) 100 percent of the available project proceeds 
                of such issue are to be used for the purposes described 
                in section 70112 of the Moving Forward Act,
                    ``(B) the interest on such obligation would (but 
                for this section) be excludable from gross income under 
                section 103,
                    ``(C) the issue meets the requirements of paragraph 
                (3), and
                    ``(D) the issuer designates such bond for purposes 
                of this section.
            ``(2) Applicable rules.--For purposes of applying paragraph 
        (1)--
                    ``(A) for purposes of section 149(b), a school 
                infrastructure bond shall not be treated as federally 
                guaranteed by reason of the credit allowed under 
                section 6431(a),
                    ``(B) for purposes of section 148, the yield on a 
                school infrastructure bond shall be determined without 
                regard to the credit allowed under subsection (a), and
                    ``(C) a bond shall not be treated as a school 
                infrastructure bond if the issue price has more than a 
                de minimis amount (determined under rules similar to 
                the rules of section 1273(a)(3)) of premium over the 
                stated principal amount of the bond.
            ``(3) 6-year expenditure period.--
                    ``(A) In general.--An issue shall be treated as 
                meeting the requirements of this paragraph if, as of 
                the date of issuance, the issuer reasonably expects 100 
                percent of the available project proceeds to be spent 
                for purposes described in section 70112 of the Moving 
                Forward Act within the 6-year period beginning on such 
                date of issuance.
                    ``(B) Failure to spend required amount of bond 
                proceeds within 6 years.--To the extent that less than 
                100 percent of the available project proceeds of the 
                issue are expended at the close of the period described 
                in subparagraph (A) with respect to such issue, the 
                issuer shall redeem all of the nonqualified bonds 
                within 90 days after the end of such period. For 
                purposes of this paragraph, the amount of the 
                nonqualified bonds required to be redeemed shall be 
                determined in the same manner as under section 142.
    ``(e) Limitation on Amount of Bonds Designated.--The maximum 
aggregate face amount of bonds issued during any calendar year which 
may be designated under subsection (d) by any issuer shall not exceed 
the limitation amount allocated under subsection (g) for such calendar 
year to such issuer.
    ``(f) National Limitation on Amount of Bonds Designated.--The 
national qualified school infrastructure bond limitation for each 
calendar year is--
            ``(1) $10,000,000,000 for 2021,
            ``(2) $10,000,000,000 for 2022, and
            ``(3) $10,000,000,000 for 2023.
    ``(g) Allocation of Limitation.--
            ``(1) Allocations.--
                    ``(A) States.--After application of subparagraph 
                (B) and paragraph (3)(A), the limitation applicable 
                under subsection (f) for any calendar year shall be 
                allocated by the Secretary among the States in 
                proportion to the respective amounts received by all 
                local educational agencies in each State under part A 
                of title I of the Elementary and Secondary Education 
                Act of 1965 (20 U.S.C. 6311 et seq.) for the previous 
                fiscal year relative to the total such amount received 
                by all local educational agencies in for the most 
                recent fiscal year ending before such calendar year.
                    ``(B) Certain possessions.--One-half of 1 percent 
                of the amount of the limitation applicable under 
                subsection (f) for any calendar year shall be allocated 
                by the Secretary to possessions of the United States 
                other than Puerto Rico for such calendar year.
            ``(2) Allocations to schools.--The limitation amount 
        allocated to a State or possession under paragraph (1) shall be 
        allocated by the State educational agency (or such other agency 
        as is authorized under State law to make such allocation) to 
        issuers within such State or possession in accordance with the 
        priorities described in section 70111(c) of the Moving Forward 
        Act and the eligibility requirements described in section 
        70111(b) of such Act, except that paragraph (1)(C) of such 
        section shall not apply to the determination of eligibility for 
        such allocation.
            ``(3) Allocations for indian schools.--
                    ``(A) In general.--One-half of 1 percent of the 
                amount of the limitation applicable under subsection 
                (f) for any calendar year shall be allocated by the 
                Secretary to the Secretary of the Interior for schools 
                funded by the Bureau of Indian Affairs for such 
                calendar year.
                    ``(B) Allocation to schools.--The limitation amount 
                allocated to the Secretary of the Interior under 
                paragraph (1) shall be allocated by such Secretary to 
                issuers or schools funded as described in paragraph 
                (2). In the case of amounts allocated under the 
                preceding sentence, Indian tribal governments (as 
                defined in section 7701(a)(40)) shall be treated as 
                qualified issuers for purposes of this subchapter.
            ``(4) Digital learning.--Up to 10 percent of the limitation 
        amount allocated under paragraph (1) or (3)(A) may be allocated 
        by the State to issuers within such State to carry out 
        activities to improve digital learning in accordance with 
        section 70112(b) of the Moving Forward Act.
    ``(h) Interest Payment Date.--For purposes of this section, the 
term `interest payment date' means any date on which the holder of 
record of the school infrastructure bond is entitled to a payment of 
interest under such bond.
    ``(i) Special Rules.--
            ``(1) Interest on school infrastructure bonds includible in 
        gross income for federal income tax purposes.--For purposes of 
        this title, interest on any school infrastructure bond shall be 
        includible in gross income.
            ``(2) Application of certain rules.--Rules similar to the 
        rules of subsections (f), (g), (h), and (i) of section 54A 
        shall apply for purposes of the credit allowed under subsection 
        (a).''.
    (b) Transitional Coordination With State Law.--Except as otherwise 
provided by a State after the date of the enactment of this Act, the 
interest on any school infrastructure bond (as defined in section 54BB 
of the Internal Revenue Code of 1986, as added by this section) and the 
amount of any credit determined under such section with respect to such 
bond shall be treated for purposes of the income tax laws of such State 
as being exempt from Federal income tax.
    (c) Application of Certain Labor Standards to Projects Financed 
With Certain Tax-Favored Bonds.--
            (1) In general.--Subchapter IV of chapter 31 of the title 
        40, United States Code, shall apply to projects financed with 
        the proceeds of--
                    (A) any school infrastructure bond (as defined in 
                section 54BB of the Internal Revenue Code of 1986); and
                    (B) any qualified zone academy bond (as defined in 
                section 54E of the Internal Revenue Code of 1986) 
                issued after the date of the enactment of the American 
                Recovery and Reinvestment Tax Act of 2009.
            (2) Conforming amendment.--Section 1601 of the American 
        Recovery and Reinvestment Tax Act of 2009 is amended by 
        striking paragraph (3) and redesignating paragraphs (4) and (5) 
        as paragraphs (3) and (4), respectively.
    (d) Clerical Amendments.--The table of subparts for part IV of 
subchapter A of chapter 1 is amended by adding at the end the 
following:

              ``subpart j--school infrastructure bonds''.

    (e) Effective Date.--The amendments made by this section shall 
apply to obligations issued after December 31, 2020.

SEC. 90113. ANNUAL REPORT ON BOND PROGRAM.

    (a) In General.--Not later than September 30 of each fiscal year 
beginning after the date of the enactment of this Act, the Secretary of 
the Treasury shall submit to the appropriate congressional committees a 
report on the school infrastructure bond program.
    (b) Elements.--The report under paragraph (1) shall include, with 
respect to the fiscal year preceding the year in which the report is 
submitted, the following:
            (1) An identification of--
                    (A) each local educational agency that received 
                funds from a school infrastructure bond; and
                    (B) each local educational agency that was eligible 
                to receive such funds--
                            (i) but did not receive such funds; or
                            (ii) received less than the maximum amount 
                        of funds for which the agency was eligible.
            (2) With respect to each local educational agency described 
        in paragraph (1)--
                    (A) an assessment of the capacity of the agency to 
                raise funds for the long-term improvement of public 
                school facilities, as determined by an assessment of--
                            (i) the current and historic ability of the 
                        agency to raise funds for construction, 
                        renovation, modernization, and major repair 
                        projects for schools, including the ability of 
                        the agency to raise funds through imposition of 
                        property taxes;
                            (ii) whether the agency has been able to 
                        issue bonds to fund construction projects, 
                        including--
                                    (I) qualified zone academy bonds 
                                under section 54E of the Internal 
                                Revenue Code of 1986; and
                                    (II) school infrastructure bonds 
                                under section 54BB of the Internal 
                                Revenue Code of 1986; and
                            (iii) the bond rating of the agency;
                    (B) the demographic composition of the student 
                population served by the agency, disaggregated by--
                            (i) race;
                            (ii) the number and percentage of students 
                        counted under section 1124(c) of the Elementary 
                        and Secondary Education Act of 1965 (20 U.S.C. 
                        6333(c)); and
                            (iii) the number and percentage of students 
                        who are eligible for a free or reduced price 
                        lunch under the Richard B. Russell National 
                        School Lunch Act (42 U.S.C. 1751 et seq.);
                    (C) the population density of the geographic area 
                served by the agency;
                    (D) a description of the projects carried out with 
                funds received from school infrastructure bonds;
                    (E) a description of the demonstrable or expected 
                benefits of the projects; and
                    (F) the estimated number of jobs created by the 
                projects.
            (3) The total dollar amount of all funds received by local 
        educational agencies from school infrastructure bonds.
            (4) Any other factors that the Secretary of the Treasury 
        determines to be appropriate.
    (c) Information Collection.--A State or local educational agency 
that receives funds from a school infrastructure bond shall--
            (1) annually compile the information necessary for the 
        Secretary of the Treasury to determine the elements described 
        in subsection (b); and
            (2) report the information to the Secretary of the Treasury 
        at such time and in such manner as the Secretary of the 
        Treasury may require.

SEC. 90114. EXAMINING LOAN MODIFICATIONS TO THE HBCU CAPITAL FINANCING 
              PROGRAM.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary of Education shall report to the Committee on Education 
and Labor of the House of Representatives and the Committee on Health, 
Education, Labor, and Pensions of the Senate the results of an analysis 
to determine the potential benefits and costs of offering loan 
modifications under the HBCU Capital Financing Program under part D of 
title III of the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.) 
as described in the report entitled ``Action Needed to Improve 
Participation in Education's HBCU Capital Financing Program'' published 
by Government Accountability Office in June 2018 (GAO-18-455).

    Subtitle C--Other Provisions Related to Infrastructure Financing

SEC. 90121. CREDIT FOR OPERATIONS AND MAINTENANCE COSTS OF GOVERNMENT-
              OWNED BROADBAND.

    (a) In General.--Subchapter B of chapter 65, as amended by the 
preceding provisions of this Act, is amended by adding at the end the 
following new section:

``SEC. 6431B. CREDIT FOR OPERATIONS AND MAINTENANCE COSTS OF 
              GOVERNMENT-OWNED BROADBAND.

    ``(a) In General.--In the case of any eligible governmental entity, 
there shall be allowed a credit equal to the applicable percentage of 
the qualified broadband expenses paid or incurred by such entity during 
the taxable year which credit shall be payable by the Secretary as 
provided in subsection (b).
    ``(b) Payment of Credit.--Upon receipt from an eligible 
governmental entity of such information as the Secretary may require 
for purposes of carrying out this section, the Secretary shall pay to 
such entity the amount of the credit determined under subsection (a) 
for the taxable year.
    ``(c) Limitation.--The amount of qualified broadband expenses taken 
into account under this section for any taxable year with respect to 
any qualified broadband network shall not exceed the product of $400 
multiplied by the number of qualified households subscribed to the 
qualified broadband service provided by such network (determined as of 
any time during such taxable year).
    ``(d) Definitions.--For purposes of this section--
            ``(1) Applicable percentage.--The term `applicable 
        percentage' means--
                    ``(A) in the case of any taxable year beginning in 
                2020 through 2025, 30 percent,
                    ``(B) in the case of any taxable year beginning in 
                2026, 26 percent, and
                    ``(C) in the case of any taxable year beginning in 
                2027, 24 percent.
            ``(2) Eligible governmental entity.--The term `eligible 
        governmental entity' means--
                    ``(A) any State, local, or Indian tribal 
                government,
                    ``(B) any political subdivision or instrumentality 
                of any government described in subparagraph (A), and
                    ``(C) any entity wholly owned by one or more 
                entities described in subparagraph (A) or (B).
        For purposes of this paragraph, the term `State' includes any 
        possession of the United States.
            ``(3) Qualified broadband expenses.--The term `qualified 
        broadband expenses' means so much of the amounts paid or 
        incurred for the operation and maintenance of a qualified 
        broadband network as are properly allocable to qualified 
        households subscribed to the qualified broadband service 
        provided by such network.
            ``(4) Qualified household.--The term `qualified household' 
        means a personal residence which--
                    ``(A) is located in a low-income community (as 
                defined in section 45D(e)), and
                    ``(B) did not have access to qualified broadband 
                service from the eligible governmental entity 
                (determined as of the beginning of the taxable year of 
                such entity).
            ``(5) Qualified broadband network.--The term `qualified 
        broadband network' means property owned by an eligible 
        governmental entity and used for the purpose of providing 
        qualified broadband service.
            ``(6) Qualified broadband service.--The term `qualified 
        broadband service' means fixed, terrestrial broadband service 
        providing downloads at a speed of at least 25 megabits per 
        second and uploads at a speed of at least 3 megabits per 
        second.
            ``(7) Taxable year.--Except as otherwise provided by the 
        Secretary, the term `taxable year' means, with respect to any 
        eligible governmental entity, the fiscal year of such entity.
    ``(e) Special Rules.--
            ``(1) Allocations.--For purposes of subsection (d)(3), 
        amounts shall be treated as properly allocated if allocated 
        ratably among the subscribers of the qualified broadband 
        service.
            ``(2) Denial of double benefit.--Qualified broadband 
        expenses shall not include any amount which is paid or 
        reimbursed (directly or indirectly) by any grant from the 
        Federal Government.
    ``(f) Regulations.--The Secretary may prescribe such regulations 
and other guidance as may be necessary or appropriate to carry out this 
section.
    ``(g) Termination.--No credit shall be allowed under this section 
for any taxable year beginning after December 31, 2027.''.
    (b) Payments Made Under Section 6431B(b) of the Internal Revenue 
Code of 1986.--Section 255(h) of the Balanced Budget and Emergency 
Deficit Control Act of 1985 (2 U.S.C. 905(h)) is amended by inserting: 
``Payments made under section 6431B(b) of the Internal Revenue Code of 
1986'' after the item related to Payments for Foster Care and 
Permanency.
    (c) Conforming Amendments.--
            (1) Section 1324(b)(2) of title 31, United States Code, is 
        amended by striking ``or 6431A'' and inserting ``6431A, or 
        6431B''.
            (2) The table of sections for subchapter B of chapter 65, 
        as amended by the preceding provisions of this Act, is amended 
        by adding at the end the following new item:

``Sec. 6431B. Credit for operations and maintenance costs of 
                            government-owned broadband.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2019.

SEC. 90122. TREATMENT OF FINANCIAL GUARANTY INSURANCE COMPANIES AS 
              QUALIFYING INSURANCE CORPORATIONS UNDER PASSIVE FOREIGN 
              INVESTMENT COMPANY RULES.

    (a) In General.--Section 1297(f)(3) is amended by adding at the end 
the following new subparagraph:
                    ``(C) Special rule for financial guaranty insurance 
                companies.--
                            ``(i) In general.--Notwithstanding 
                        subparagraphs (A)(ii) and (B), the applicable 
                        insurance liabilities of a financial guaranty 
                        insurance company shall include its unearned 
                        premium reserves if--
                                    ``(I) such company is prohibited 
                                under generally accepted accounting 
                                principles from reporting on its 
                                applicable financial statements 
                                reserves for losses and loss adjustment 
                                expenses with respect to a financial 
                                guaranty insurance or reinsurance 
                                contract except to the extent that such 
                                reserve amounts are expected to exceed 
                                the unearned premium reserves on the 
                                contract,
                                    ``(II) the applicable financial 
                                statement of such company reports 
                                financial guaranty exposure of at least 
                                15-to-1, and
                                    ``(III) such company includes in 
                                its insurance liabilities only its 
                                unearned premium reserves relating to 
                                insurance written or assumed that is 
                                within the single risk limits set forth 
                                in subsection (D) of section 4 of the 
                                Financial Guaranty Insurance Guideline 
                                (modified by using total shareholder's 
                                equity as reported on the applicable 
                                financial statement of the company 
                                rather than aggregate of the surplus to 
                                policyholders and contingency 
                                reserves).
                            ``(ii) Financial guaranty insurance 
                        company.--For purposes of this subparagraph, 
                        the term `financial guaranty insurance company' 
                        means any insurance company the sole business 
                        of which is writing or reinsuring financial 
                        guaranty insurance (as defined in subsection 
                        (A) of section 1 of the Financial Guaranty 
                        Insurance Guideline) which is permitted under 
                        subsection (B) of section 4 of such Guideline.
                            ``(iii) Financial guaranty exposure.--For 
                        purposes of this subparagraph, the term 
                        `financial guaranty exposure' means the ratio 
                        of--
                                    ``(I) the net debt service 
                                outstanding insured or reinsured by the 
                                company that is within the single risk 
                                limits set forth in the Financial 
                                Guaranty Insurance Guideline (as 
                                reported on such company's applicable 
                                financial statement), to
                                    ``(II) the company's total assets 
                                (as so reported).
                            ``(iv) Financial guaranty insurance 
                        guideline.--For purposes of this subparagraph--
                                    ``(I) In general.--The term 
                                `Financial Guaranty Insurance 
                                Guideline' means the October 2008 model 
                                regulation that was adopted by the 
                                National Association of Insurance 
                                Commissioners on December 4, 2007.
                                    ``(II) Determinations made by 
                                secretary.--The determination of 
                                whether any provision of the Financial 
                                Guaranty Insurance Guideline has been 
                                satisfied shall be made by the 
                                Secretary.''.
    (b) Reporting of Certain Items.--Section 1297(f)(4) is amended by 
adding at the end the following new subparagraph:
                    ``(C) Clarification that certain items on 
                applicable financial statement be separately reported 
                with respect to corporation.--An amount described in 
                paragraph (1)(B) or clause (i)(II), (i)(III), (iii)(I), 
                or (iii)(II) of paragraph (3)(C) shall not be treated 
                as reported on an applicable financial statement for 
                purposes of this section unless such amount is 
                separately reported on such statement with respect to 
                the corporation referred to in paragraph (1).
                    ``(D) Authority of secretary to require 
                reporting.--
                            ``(i) In general.--Each United States 
                        person who owns an interest in a specified non-
                        publicly traded foreign corporation and who 
                        takes the position that such corporation is not 
                        a passive foreign investment company shall 
                        report to the Secretary such information with 
                        respect to such corporation as the Secretary 
                        may require.
                            ``(ii) Specified non-publicly traded 
                        foreign corporation.--For purposes of this 
                        subparagraph, the term `specified non-publicly 
                        traded foreign corporation' means any foreign 
                        corporation--
                                    ``(I) which would be a passive 
                                foreign investment company if 
                                subsection (b)(2)(B) did not apply, and
                                    ``(II) no interest in which is 
                                traded on an established securities 
                                market.''.
    (c) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall take 
        effect as if included in section 14501 of Public Law 115-97.
            (2) Reporting.--The amendment made by subsection (b) shall 
        apply to reports made after the date of the enactment of this 
        Act.

SEC. 90123. INFRASTRUCTURE GRANTS TO IMPROVE CHILD CARE SAFETY.

    (a) In General.--Part A of title IV of the Social Security Act (42 
U.S.C. 601 et seq.) is amended by inserting after section 418 the 
following:

``SEC. 418A. INFRASTRUCTURE GRANTS TO IMPROVE CHILD CARE SAFETY.

    ``(a) Short Title.--This section may be cited as the 
`Infrastructure Grants To Improve Child Care Safety Act of 2020'.
    ``(b) Needs Assessments.--
            ``(1) Immediate needs assessment.--
                    ``(A) In general.--The Secretary shall conduct an 
                immediate needs assessment of the condition of child 
                care facilities throughout the United States (with 
                priority given to child care facilities that receive 
                Federal funds), that--
                            ``(i) determines the extent to which the 
                        COVID-19 pandemic has created immediate 
                        infrastructure needs, including infrastructure-
                        related health and safety needs, which must be 
                        addressed for child care facilities to operate 
                        in compliance with public health guidelines;
                            ``(ii) considers the effects of the 
                        pandemic on a variety of child care centers, 
                        including home-based centers; and
                            ``(iii) considers how the pandemic has 
                        impacted specific metrics, such as--
                                    ``(I) capacity;
                                    ``(II) investments in 
                                infrastructure changes;
                                    ``(III) the types of infrastructure 
                                changes centers need to implement and 
                                their associated costs;
                                    ``(IV) the price of tuition; and
                                    ``(V) any changes or anticipated 
                                changes in the number and demographic 
                                of children attending.
                    ``(B) Timing.--The immediate needs assessment 
                should occur simultaneously with the first grant-making 
                cycle under subsection (c).
                    ``(C) Report.--Not later than 1 year after the date 
                of the enactment of this section, the Secretary shall 
                submit to the Congress a report containing the result 
                of the needs assessment conducted under subparagraph 
                (A), and make the assessment publicly available.
            ``(2) Long-term needs assessment.--
                    ``(A) In general.--The Secretary shall conduct a 
                long-term assessment of the condition of child care 
                facilities throughout the United States (with priority 
                given to child care facilities that receive Federal 
                funds). The assessment may be conducted through 
                representative random sampling.
                    ``(B) Report.--Not later than 4 years after the 
                date of the enactment of this section, the Secretary 
                shall submit to the Congress a report containing the 
                results of the needs assessment conducted under 
                subparagraph (A), and make the assessment publicly 
                available.
    ``(c) Child Care Facilities Grants.--
            ``(1) Grants to states.--
                    ``(A) In general.--The Secretary may award grants 
                to States for the purpose of acquiring, constructing, 
                renovating, or improving child care facilities, 
                including adapting, reconfiguring, or expanding 
                facilities to respond to the COVID-19 pandemic.
                    ``(B) Prioritized facilities.--The Secretary may 
                not award a grant to a State under subparagraph (A) 
                unless the State involved agrees, with respect to the 
                use of grant funds, to prioritize--
                            ``(i) child care facilities primarily 
                        serving low-income populations;
                            ``(ii) child care facilities primarily 
                        serving children who have not attained the age 
                        of 5 years;
                            ``(iii) child care facilities that closed 
                        during the COVID-19 pandemic and are unable to 
                        open without making modifications to the 
                        facility that would otherwise be required to 
                        ensure the health and safety of children and 
                        staff; and
                            ``(iv) child care facilities that serve the 
                        children of parents classified as essential 
                        workers during the COVID-19 pandemic.
                    ``(C) Duration of grants.--A grant under this 
                subsection shall be awarded for a period of not more 
                than 5 years.
                    ``(D) Application.--To seek a grant under this 
                subsection, a State shall submit to the Secretary an 
                application at such time, in such manner, and 
                containing such information as the Secretary may 
                require, which information shall--
                            ``(i) be disaggregated as the Secretary may 
                        require; and
                            ``(ii) include a plan to use a portion of 
                        the grant funds to report back to the Secretary 
                        on the impact of using the grant funds to 
                        improve child care facilities.
                    ``(E) Priority.--In selecting States for grants 
                under this subsection, the Secretary shall prioritize 
                States that--
                            ``(i) plan to improve center-based and 
                        home-based child care programs, which may 
                        include a combination of child care and early 
                        Head Start or Head Start programs;
                            ``(ii) aim to meet specific needs across 
                        urban, suburban, or rural areas as determined 
                        by the State; and
                            ``(iii) show evidence of collaboration 
                        with--
                                    ``(I) local government officials;
                                    ``(II) other State agencies;
                                    ``(III) nongovernmental 
                                organizations, such as--
                                            ``(aa) organizations within 
                                        the philanthropic community;
                                            ``(bb) certified community 
                                        development financial 
                                        institutions as defined in 
                                        section 103 of the Community 
                                        Development Banking and 
                                        Financial Institutions Act of 
                                        1994 (12 U.S.C. 4702) that have 
                                        been certified by the Community 
                                        Development Financial 
                                        Institutions Fund (12 U.S.C. 
                                        4703); and
                                            ``(cc) organizations that 
                                        have demonstrated experience 
                                        in--

                                                    ``(AA) providing 
                                                technical or financial 
                                                assistance for the 
                                                acquisition, 
                                                construction, 
                                                renovation, or 
                                                improvement of child 
                                                care facilities;

                                                    ``(BB) providing 
                                                technical, financial, 
                                                or managerial 
                                                assistance to child 
                                                care providers; and

                                                    ``(CC) securing 
                                                private sources of 
                                                capital financing for 
                                                child care facilities 
                                                or other low-income 
                                                community development 
                                                projects; and

                                    ``(IV) local community 
                                organizations, such as--
                                            ``(aa) child care 
                                        providers;
                                            ``(bb) community care 
                                        agencies;
                                            ``(cc) resource and 
                                        referral agencies; and
                                            ``(dd) unions.
                    ``(F) Consideration.--In selecting States for 
                grants under this subsection, the Secretary shall 
                consider--
                            ``(i) whether the applicant--
                                    ``(I) has or is developing a plan 
                                to address child care facility needs; 
                                and
                                    ``(II) demonstrates the capacity to 
                                execute such a plan; and
                            ``(ii) after the date the report required 
                        by subsection (b)(1)(C) is submitted to the 
                        Congress, the needs of the applicants based on 
                        the results of the assessment.
                    ``(G) Diversity of awards.--In awarding grants 
                under this section, the Secretary shall give equal 
                consideration to States with varying capacities under 
                subparagraph (F).
                    ``(H) Matching requirement.--
                            ``(i) In general.--As a condition for the 
                        receipt of a grant under subparagraph (A), a 
                        State that is not an Indian tribe shall agree 
                        to make available (directly or through 
                        donations from public or private entities) 
                        contributions with respect to the cost of the 
                        activities to be carried out pursuant to 
                        subparagraph (A), which may be provided in cash 
                        or in kind, in an amount equal to 10 percent of 
                        the funds provided through the grant.
                            ``(ii) Determination of amount 
                        contributed.--Contributions required by clause 
                        (i) may include--
                                    ``(I) amounts provided by the 
                                Federal Government, or services 
                                assisted or subsidized to any 
                                significant extent by the Federal 
                                Government; or
                                    ``(II) philanthropic or private-
                                sector funds.
                    ``(I) Report.--Not later than 6 months after the 
                last day of the grant period, a State receiving a grant 
                under this paragraph shall submit a report to the 
                Secretary as described in subparagraph (D)--
                            ``(i) to determine the effects of the grant 
                        in constructing, renovating, or improving child 
                        care facilities, including any changes in 
                        response to the COVID-19 pandemic and any 
                        effects on access to and quality of child care; 
                        and
                            ``(ii) to provide such other information as 
                        the Secretary may require.
                    ``(J) Amount limit.--The annual amount of a grant 
                under this paragraph may not exceed $35,000,000.
            ``(2) Grants to intermediary organizations.--
                    ``(A) In general.--The Secretary may award grants 
                to intermediary organizations, such as certified 
                community development financial institutions, tribal 
                organizations, or other organizations with demonstrated 
                experience in child care facilities financing, for the 
                purpose of providing technical assistance, capacity 
                building, and financial products to develop or finance 
                child care facilities.
                    ``(B) Application.--A grant under this paragraph 
                may be made only to intermediary organizations that 
                submit to the Secretary an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    ``(C) Priority.--In selecting intermediary 
                organizations for grants under this subsection, the 
                Secretary shall prioritize intermediary organizations 
                that--
                            ``(i) demonstrate experience in child care 
                        facility financing or related community 
                        facility financing;
                            ``(ii) demonstrate the capacity to assist 
                        States and local governments in developing 
                        child care facilities and programs;
                            ``(iii) demonstrate the ability to leverage 
                        grant funding to support financing tools to 
                        build the capacity of child care providers, 
                        such as through credit enhancements;
                            ``(iv) propose to meet a diversity of needs 
                        across States and across urban, suburban, and 
                        rural areas at varying types of center-based, 
                        home-based, and other child care settings, 
                        including early care programs located in 
                        freestanding buildings or in mixed-use 
                        properties; and
                            ``(v) propose to focus on child care 
                        facilities primarily serving low-income 
                        populations and children who have not attained 
                        the age of 5 years.
                    ``(D) Amount limit.--The amount of a grant under 
                this paragraph may not exceed $10,000,000.
            ``(3) Labor standards for all grants.--The Secretary shall 
        require that each entity, including grantees and subgrantees, 
        that applies for an infrastructure grant for constructing, 
        renovating, or improving child care facilities, including 
        adapting, reconfiguring, or expanding such facilities, which is 
        funded in whole or in part under this section, shall include in 
        its application written assurance that all laborers and 
        mechanics employed by contractors or subcontractors in the 
        performance of construction, alternation or repair, as part of 
        such project, shall be paid wages at rates not less than those 
        prevailing on similar work in the locality as determined by the 
        Secretary of Labor in accordance with subchapter IV of chapter 
        31 of part A of subtitle II of title 40, United States Code 
        (commonly referred to as the `Davis-Bacon Act'), and with 
        respect to the labor standards specified in such subchapter the 
        Secretary of Labor shall have the authority and functions set 
        forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 
        3176; 5 U.S.C. App.) and section 2 of the Act of June 13, 1934 
        (40 U.S.C. 276c).
            ``(4) Report.--Not later than the end of fiscal year 2024, 
        the Secretary shall submit to the Congress a report on the 
        effects of the grants provided under this subsection, and make 
        the report publically accessible.
    ``(d) Limitations on Authorization of Appropriations.--
            ``(1) In general.--To carry out this section, there is 
        authorized to be appropriated $10,000,000,000 for fiscal year 
        2020, which shall remain available through fiscal year 2024.
            ``(2) Reservations of funds.--
                    ``(A) Indian tribes.--The Secretary shall reserve 3 
                percent of the total amount made available to carry out 
                this section, for payments to Indian tribes.
                    ``(B) Territories.--The Secretary shall reserve 3 
                percent of the total amount made available to carry out 
                this section, for payments to territories.
            ``(3) Grants for intermediary organizations.--Not less than 
        10 percent and not more than 15 percent of the total amount 
        made available to carry out this section may be used to carry 
        out subsection (c)(2).
            ``(4) Limitation on use of funds for needs assessments.--
        Not more than $5,000,000 of the amounts made available to carry 
        out this section may be used to carry out subsection (b).
            ``(5) Labor standards for all grants.--The Secretary of 
        Health and Human Services shall require that each entity, 
        including grantees and subgrantees, that applies for an 
        infrastructure grant for constructing, renovating, or improving 
        child care facilities, including adapting, reconfiguring, or 
        expanding such facilities, which is funded in whole or in part 
        under this section, shall include in its application written 
        assurance that all laborers and mechanics employed by 
        contractors or subcontractors in the performance of 
        construction, alternation or repair, as part of such project, 
        shall be paid wages at rates not less than those prevailing on 
        similar work in the locality as determined by the Secretary of 
        Labor in accordance with subchapter IV of chapter 31 of part A 
        of subtitle II of title 40, United States Code (commonly 
        referred to as the `Davis-Bacon Act'), and with respect to the 
        labor standards specified in such subchapter the Secretary of 
        Labor shall have the authority and functions set forth in 
        Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 
        U.S.C. App.) and section 2 of the Act of June 13, 1934 (40 
        U.S.C. 276c).
    ``(e) Definition of State.--In this section, the term `State' has 
the meaning provided in section 419, except that it includes the 
Commonwealth of the Northern Mariana Islands and any Indian tribe.''.
    (b) Exemption of Territory Grants From Limitation on Total Payments 
to the Territories.--Section 1108(a)(2) of such Act (42 U.S.C. 
1308(a)(2)) is amended by inserting ``418A(c),'' after ``413(f),''.

                    TITLE II--NEW MARKETS TAX CREDIT

SEC. 90201. IMPROVEMENT AND PERMANENT EXTENSION OF NEW MARKETS TAX 
              CREDIT.

    (a) Permanent Extension.--
            (1) In general.--Section 45D(f)(1) is amended by striking 
        subparagraphs (G) and (H) and inserting the following new 
        subparagraphs:
                    ``(G) $3,500,000,000 for each of calendar years 
                2010 through 2018,
                    ``(H) $4,000,000,000 for calendar year 2019,
                    ``(I) $7,000,000,000 for calendar year 2020,
                    ``(J) $6,000,000,000 for calendar year 2021, and
                    ``(K) $5,000,000,000 for calendar year 2022 and 
                each calendar year thereafter.''.
            (2) Inflation adjustment.--Section 45D(f) is amended by 
        adding at the end the following new paragraph:
            ``(4) Inflation adjustment.--
                    ``(A) In general.--In the case of any calendar year 
                beginning after 2022, the dollar amount in paragraph 
                (1)(I) shall be increased by an amount equal to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year, determined by substituting 
                        `calendar year 2021' for `calendar year 2016' 
                        in subparagraph (A)(ii) thereof.
                    ``(B) Rounding rule.--Any increase under 
                subparagraph (A) which is not a multiple of $1,000,000 
                shall be rounded to the nearest multiple of 
                $1,000,000.''.
            (3) Conforming amendment.--Section 45D(f)(3) is amended by 
        striking the last sentence.
    (b) Alternative Minimum Tax Relief.--Subparagraph (B) of section 
38(c)(4) is amended--
            (1) by redesignating clauses (v) through (xii) as clauses 
        (vi) through (xiii), respectively, and
            (2) by inserting after clause (iv) the following new 
        clause:
                            ``(v) the credit determined under section 
                        45D, but only with respect to credits 
                        determined with respect to qualified equity 
                        investments (as defined in section 45D(b)) 
                        initially made after December 31, 2020,''.
    (c) Effective Dates.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        new markets tax credit limitation determined for calendar years 
        after 2020.
            (2) Alternative minimum tax relief.--The amendments made by 
        subsection (b) shall apply to credits determined with respect 
        to qualified equity investments (as defined in section 45D(b) 
        of the Internal Revenue Code of 1986) initially made after 
        December 31, 2020.
            (3) Special rule for allocation of increased 2019 
        limitation.--The amount of the increase in the new market tax 
        credit limitation for calendar year 2019 by reason of the 
        amendments made by subsection (a) shall be allocated in 
        accordance with section 45D(f)(2) of the Internal Revenue Code 
        of 1986 to qualified community development entities (as defined 
        in section 45D(c) of such Code) which--
                    (A) submitted an allocation application with 
                respect to calendar year 2019, and
                    (B) either--
                            (i) did not receive an allocation for such 
                        calendar year, or
                            (ii) received an allocation for such 
                        calendar year in an amount less than the amount 
                        requested in the allocation application.

                  TITLE III--REHABILITATION TAX CREDIT

SEC. 90301. INCREASE IN REHABILITATION CREDIT.

    (a) In General.--Section 47(a)(2) is amended by striking ``20 
percent'' and inserting ``the applicable percentage''.
    (b) Applicable Percentage.--Section 47(a) is amended by adding at 
the end the following new paragraph:
            ``(3) Applicable percentage.--For purposes of this 
        subsection, the term `applicable percentage' means the 
        percentage determined in accordance with the following table:

``In the case of a taxable year                          The applicable
beginning in:                                            percentage is:
        2020 through 2024............................       30 percent 
        2025.........................................       26 percent 
        2026.........................................       23 percent 
        2027 and thereafter..........................     20 percent''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2019.

SEC. 90302. INCREASE IN THE REHABILITATION CREDIT FOR CERTAIN SMALL 
              PROJECTS.

    (a) In General.--Section 47 is amended by adding at the end the 
following new subsection:
    ``(e) Special Rule Regarding Certain Smaller Projects.--
            ``(1) In general.--In the case of any smaller project--
                    ``(A) the applicable percentage determined under 
                subsection (a)(3) shall not be less than 30 percent, 
                and
                    ``(B) the qualified rehabilitation expenditures 
                taken into account under this section with respect to 
                such project shall not exceed $2,500,000.
            ``(2) Smaller project.--For purposes of this subsection, 
        the term `smaller project' means the rehabilitation of any 
        qualified rehabilitated building if--
                    ``(A) the qualified rehabilitation expenditures 
                taken into account under this section (or which would 
                be so taken into account but for paragraph (1)(B)) with 
                respect to such rehabilitation do not exceed 
                $3,750,000,
                    ``(B) no credit was allowed under this section with 
                respect to such building to any taxpayer for either of 
                the 2 taxable years immediately preceding the first 
                taxable year in which expenditures described in 
                subparagraph (A) were paid or incurred, and
                    ``(C) the taxpayer elects (at such time and manner 
                as the Secretary may provide) to have this subsection 
                apply with respect to such rehabilitation.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2019.

SEC. 90303. MODIFICATION OF DEFINITION OF SUBSTANTIALLY REHABILITATED.

    (a) In General.--Section 47(c)(1)(B)(i)(I) is amended by inserting 
``50 percent of'' before ``the adjusted basis''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to determinations with respect to 24-month periods (referred to 
in clause (i) of section 47(c)(1)(B) of the Internal Revenue Code of 
1986) and 60-month periods (referred to in clause (ii) of such section) 
which begin after the date of the enactment of this Act.

SEC. 90304. TEMPORARY EXTENSION OF PERIOD FOR COMPLETING 
              REHABILITATION.

    (a) In General.--Section 47(c)(1)(B) is amended by adding at the 
end the following new clause:
                            ``(iv) Temporary extension of period for 
                        completing rehabilitation.--In the case of any 
                        period selected by a taxpayer which includes 
                        March 13, 2020 (determined without regard to 
                        this clause), this subparagraph (and section 
                        13402(b)(2) of Public Law 115-97) shall be 
                        applied--
                                    ``(I) by substituting `36-month' 
                                for `24-month' each place it appears 
                                therein, and
                                    ``(II) by substituting `72-month' 
                                for `60-month' each place it appears 
                                therein.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to periods which include March 13, 2020 (determined without regard to 
such amendment).

SEC. 90305. ELIMINATION OF REHABILITATION CREDIT BASIS ADJUSTMENT.

    (a) In General.--Section 50(c) is amended by adding at the end the 
following new paragraph:
            ``(6) Exception for rehabilitation credit.--In the case of 
        the rehabilitation credit, paragraph (1) shall not apply.''.
    (b) Treatment in Case of Credit Allowed to Lessee.--Section 50(d) 
is amended by adding at the end the following: ``In the case of the 
rehabilitation credit, paragraph (5)(B) of the section 48(d) referred 
to in paragraph (5) of this subsection shall not apply.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property placed in service after the date of the enactment of 
this Act.

SEC. 90306. MODIFICATIONS REGARDING CERTAIN TAX-EXEMPT USE PROPERTY.

    (a) In General.--Section 47(c)(2)(B)(v) is amended by adding at the 
end the following new subclause:
                                    ``(III) Disqualified lease rules to 
                                apply only in case of government 
                                entity.--For purposes of subclause (I), 
                                except in the case of a tax-exempt 
                                entity described in section 
                                168(h)(2)(A)(i) (determined without 
                                regard to the last sentence of section 
                                168(h)(2)(A)), the determination of 
                                whether property is tax-exempt use 
                                property shall be made under section 
                                168(h) without regard to whether the 
                                property is leased in a disqualified 
                                lease (as defined in section 
                                168(h)(1)(B)(ii)).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to leases entered into after the date of the enactment of this 
Act.

SEC. 90307. QUALIFICATION OF REHABILITATION EXPENDITURES FOR PUBLIC 
              SCHOOL BUILDINGS FOR REHABILITATION CREDIT.

    (a) In General.--Section 47(c)(2)(B)(v) is amended by adding at the 
end the following new subclause:
                                    ``(III) Clause not to apply to 
                                public schools.--This clause shall not 
                                apply in the case of the rehabilitation 
                                of any building which was used as a 
                                qualified public educational facility 
                                (as defined in section 142(k)(1), 
                                determined without regard to 
                                subparagraph (B) thereof) at any time 
                                during the 5-year period ending on the 
                                date that such rehabilitation begins 
                                and which is used as such a facility 
                                immediately after such 
                                rehabilitation.''.
    (b) Report.--Not later than the date which is 5 years after the 
date of the enactment of this Act, the Secretary of the Treasury, after 
consultation with the heads of appropriate Federal agencies, shall 
report to Congress on the effects resulting from the amendment made by 
subsection (a).
    (c) Effective Date.--The amendment made by this section shall apply 
to property placed in service after the date of the enactment of this 
Act.

                         TITLE IV--GREEN ENERGY

SEC. 90400. SHORT TITLE.

    This title may be cited as the ``Growing Renewable Energy and 
Efficiency Now Act of 2020'' or the ``GREEN Act of 2020''.

    Subtitle A--Renewable Electricity and Reducing Carbon Emissions

SEC. 90401. EXTENSION OF CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN 
              RENEWABLE RESOURCES.

    (a) In General.--The following provisions of section 45(d) are each 
amended by striking ``January 1, 2021'' each place it appears and 
inserting ``January 1, 2026'':
            (1) Paragraph (2)(A).
            (2) Paragraph (3)(A).
            (3) Paragraph (6).
            (4) Paragraph (7).
            (5) Paragraph (9).
            (6) Paragraph (11)(B).
    (b) Extension of Election To Treat Qualified Facilities as Energy 
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1, 
2021'' and inserting ``January 1, 2026''.
    (c) Application of Extension to Wind Facilities.--
            (1) In general.--Section 45(d)(1) is amended by striking 
        ``January 1, 2021'' and inserting ``January 1, 2026''.
            (2) Application of phaseout percentage.--
                    (A) Renewable electricity production credit.--
                Sections 45(b)(5)(D) is amended by striking ``and 
                before January 1, 2021,''.
                    (B) Energy credit.--Section 48(a)(5)(E)(iv) is 
                amended by striking ``and before January 1, 2021,''.
    (d) Effective Date.--The amendments made by this section shall 
apply to facilities the construction of which begins after December 31, 
2020.

SEC. 90402. EXTENSION AND MODIFICATION OF ENERGY CREDIT.

    (a) Extension of Credit.--The following provisions of section 48 
are each amended by striking ``January 1, 2022'' each place it appears 
and inserting ``January 1, 2027'':
            (1) Subsection (a)(3)(A)(ii).
            (2) Subsection (a)(3)(A)(vii).
            (3) Subsection (c)(1)(D).
            (4) Subsection (c)(2)(D).
            (5) Subsection (c)(3)(A)(iv).
            (6) Subsection (c)(4)(C).
    (b) Phaseout of Credit.--Section 48(a) is amended--
            (1) by striking ``December 31, 2019'' in paragraphs 
        (6)(A)(i) and (7)(A)(i) and inserting ``December 31, 2025'',
            (2) by striking ``December 31, 2020'' in paragraphs 
        (6)(A)(ii) and (7)(A)(ii) and inserting ``December 31, 2026'',
            (3) by striking ``January 1, 2021'' in paragraphs (6)(A)(i) 
        and (7)(A)(i) and inserting ``January 1, 2027'',
            (4) by striking ``January 1, 2022'' each place it appears 
        in paragraphs (6)(A), (6)(B), and (7)(A) and inserting 
        ``January 1, 2028'', and
            (5) by striking ``January 1, 2024'' in paragraphs (6)(B) 
        and (7)(B) and inserting ``January 1, 2030''.
    (c) 30 Percent Credit for Solar and Geothermal.--
            (1) Extension for solar.--Section 48(a)(2)(A)(i)(II) is 
        amended by striking ``January 1, 2022'' and inserting ``January 
        1, 2028''.
            (2) Application to geothermal.--
                    (A) In general.--Paragraphs (2)(A)(i)(II), (6)(A), 
                and (6)(B) of section 48(a) are each amended by 
                striking ``paragraph (3)(A)(i)'' and inserting ``clause 
                (i) or (iii) of paragraph (3)(A)''.
                    (B) Conforming amendment.--The heading of section 
                48(a)(6) is amended by inserting ``and geothermal'' 
                after ``solar energy''.
    (d) Energy Storage Technologies; Waste Energy Recovery Property; 
Qualified Biogas Property.--
            (1) In general.--Section 48(a)(3)(A) is amended by striking 
        ``or'' at the end of clause (vi), and by adding at the end the 
        following new clauses:
                            ``(viii) energy storage technology,
                            ``(ix) waste energy recovery property, or
                            ``(x) qualified biogas property,''.
            (2) Application of 30 percent credit.--Section 
        48(a)(2)(A)(i) is amended by striking ``and'' at the end of 
        subclauses (III) and (IV) and adding at the end the following 
        new subclauses:
                                    ``(V) energy storage technology,
                                    ``(VI) waste energy recovery 
                                property, and
                                    ``(VII) qualified biogas property, 
                                and''.
            (3) Application of phaseout.--Section 48(a)(7) is amended--
                    (A) by inserting ``energy storage technology, waste 
                energy recovery property, qualified biogas property,'' 
                after ``qualified small wind property,'', and
                    (B) by striking ``fiber-optic solar, qualified fuel 
                cell, and qualified small wind'' in the heading thereof 
                and inserting ``certain other''.
            (4) Definitions.--Section 48(c) is amended by adding at the 
        end the following new paragraphs:
            ``(5) Energy storage technology.--
                    ``(A) In general.--The term `energy storage 
                technology' means equipment (other than equipment 
                primarily used in the transportation of goods or 
                individuals and not for the production of electricity) 
                which--
                            ``(i) uses batteries, compressed air, 
                        pumped hydropower, hydrogen storage (including 
                        hydrolysis and electrolysis), thermal energy 
                        storage, regenerative fuel cells, flywheels, 
                        capacitors, superconducting magnets, or other 
                        technologies identified by the Secretary, after 
                        consultation with the Secretary of Energy, to 
                        store energy for conversion to electricity and 
                        has a capacity of not less than 5 kilowatt 
                        hours, or
                            ``(ii) stores thermal energy to heat or 
                        cool (or provide hot water for use in) a 
                        structure (other than for use in a swimming 
                        pool).
                    ``(B) Termination.--The term `energy storage 
                technology' shall not include any property the 
                construction of which does not begin before January 1, 
                2028.
            ``(6) Waste energy recovery property.--
                    ``(A) In general.--The term `waste energy recovery 
                property' means property that generates electricity 
                solely from heat from buildings or equipment if the 
                primary purpose of such building or equipment is not 
                the generation of electricity.
                    ``(B) Capacity limitation.--The term `waste energy 
                recovery property' shall not include any property which 
                has a capacity in excess of 50 megawatts.
                    ``(C) No double benefit.--Any waste energy recovery 
                property (determined without regard to this 
                subparagraph) which is part of a system which is a 
                combined heat and power system property shall not be 
                treated as waste energy recovery property for purposes 
                of this section unless the taxpayer elects to not treat 
                such system as a combined heat and power system 
                property for purposes of this section.
                    ``(D) Termination.--The term `waste energy recovery 
                property' shall not include any property the 
                construction of which does not begin before January 1, 
                2028.
            ``(7) Qualified biogas property.--
                    ``(A) In general.--The term `qualified biogas 
                property' means property comprising a system which--
                            ``(i) converts biomass (as defined in 
                        section 45K(c)(3)) into a gas which--
                                    ``(I) consists of not less than 52 
                                percent methane, or
                                    ``(II) is concentrated by such 
                                system into a gas which consists of not 
                                less than 52 percent methane, and
                            ``(ii) captures such gas for productive 
                        use.
                    ``(B) Inclusion of cleaning and conditioning 
                property.--The term `qualified biogas property' 
                includes any property which is part of such system 
                which cleans or conditions such gas.
                    ``(C) Termination.--The term `qualified biogas 
                property' shall not include any property the 
                construction of which does not begin before January 1, 
                2028.''.
            (5) Denial of double benefit for qualified biogas 
        property.--Section 45(e) is amended by adding at the end the 
        following new paragraph:
            ``(12) Coordination with energy credit for qualified biogas 
        property.--The term `qualified facility' shall not include any 
        facility which produces electricity from gas produced by 
        qualified biogas property (as defined in section 48(c)(7)) if a 
        credit is determined under section 48 with respect to such 
        property for the taxable year or any prior taxable year.''.
    (e) Fuel Cells Using Electromechanical Processes.--
            (1) In general.--Section 48(c)(1) is amended--
                    (A) in subparagraph (A)(i)--
                            (i) by inserting ``or electromechanical'' 
                        after ``electrochemical'', and
                            (ii) by inserting ``(1 kilowatts in the 
                        case of a fuel cell power plant with a linear 
                        generator assembly)'' after ``0.5 kilowatt'', 
                        and
                    (B) in subparagraph (C)--
                            (i) by inserting ``, or linear generator 
                        assembly,'' after ``a fuel cell stack 
                        assembly'', and
                            (ii) by inserting ``or electromechanical'' 
                        after ``electrochemical''.
            (2) Linear generator assembly limitation.--Section 48(c)(1) 
        is amended by redesignating subparagraph (D) as subparagraph 
        (E) and by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) Linear generator assembly.--The term `linear 
                generator assembly' does not include any assembly which 
                contains rotating parts.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to periods after December 31, 2020, under rules similar to the 
rules of section 48(m) as in effect on the day before the date of the 
enactment of the Revenue Reconciliation Act of 1990.

SEC. 90403. EXTENSION OF CREDIT FOR CARBON OXIDE SEQUESTRATION.

    (a) In General.--Section 45Q(d)(1) is amended by striking ``January 
1, 2024'' and inserting ``January 1, 2026''.
    (b) Effective Date.--The amendment made by this section applies to 
facilities the construction of which begins after December 31, 2023.

SEC. 90404. ELECTIVE PAYMENT FOR ENERGY PROPERTY AND ELECTRICITY 
              PRODUCED FROM CERTAIN RENEWABLE RESOURCES, ETC.

    (a) In General.--Subchapter B of chapter 65 is amended by adding at 
the end the following new section:

``SEC. 6431. ELECTIVE PAYMENT FOR ENERGY PROPERTY, ELECTRICITY PRODUCED 
              FROM CERTAIN RENEWABLE RESOURCES, ETC, AND CARBON OXIDE 
              SEQUESTRATION.

    ``(a) Energy Property.--In the case of a taxpayer making an 
election (at such time and in such manner as the Secretary may provide) 
under this section with respect to any portion of an applicable credit, 
such taxpayer shall be treated as making a payment against the tax 
imposed by subtitle A for the taxable year equal to--
            ``(1) in the case of an Indian tribal government, the 
        amount of such portion, and
            ``(2) in the case of any other taxpayer, 85 percent of such 
        amount.
    ``(b) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Governmental entities treated as taxpayers.--In the 
        case of an election under this section--
                    ``(A) any State or local government, or a political 
                subdivision thereof, or
                    ``(B) an Indian tribal government,
        shall be treated as a taxpayer for purposes of this section and 
        determining any applicable credit.
            ``(2) Applicable credit.--The term `applicable credit' 
        means each of the following credits that would (without regard 
        to this section) be determined with respect to the taxpayer:
                    ``(A) A energy credit under section 48.
                    ``(B) A renewable electricity production credit 
                under section 45.
                    ``(C) A carbon oxide sequestration credit under 
                section 45Q.
            ``(3) Indian tribal government.--The term `Indian tribal 
        government' shall have the meaning given such term by section 
        139E.
            ``(4) Timing.--The payment described in subparagraph (A) 
        shall be treated as made on--
                    ``(A) in the case of any government, or political 
                subdivision, to which paragraph (1) applies and for 
                which no return is required under section 6011 or 
                6033(a), the later of the date that a return would be 
                due under section 6033(a) if such government or 
                subdivision were described in that section or the date 
                on which such government or subdivision submits a claim 
                for credit or refund (at such time and in such manner 
                as the Secretary shall provide), and
                    ``(B) in any other case, the later of the due date 
                of the return of tax for the taxable year or the date 
                on which such return is filed.
            ``(5) Waiver of special rules.--In the case of an election 
        under this section, the determination of any applicable credit 
        shall be without regard to paragraphs (3) and (4)(A)(i) of 
        section 50(b).
    ``(c) Exclusion From Gross Income.--Gross income of the taxpayer 
shall be determined without regard to this section.
    ``(d) Denial of Double Benefit.--Solely for purposes of section 38, 
in the case of a taxpayer making an election under this section, the 
energy credit determined under section 45 or the renewable electricity 
production credit determined under section 48 shall be reduced by the 
amount of the portion of such credit with respect to which the taxpayer 
makes such election.''.
    (b) Clerical Amendment.--The table of sections for subchapter B of 
chapter 65 is amended by adding at the end the following new item:

``Sec. 6431. Elective payment for energy property and electricity 
                            produced from certain renewable resources, 
                            etc.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to property originally placed in service after the date of the 
enactment of this Act.

SEC. 90405. EXTENSION OF ENERGY CREDIT FOR OFFSHORE WIND FACILITIES.

    (a) In General.--Section 48(a)(5) is amended by adding at the end 
the following new subparagraph:
                    ``(F) Qualified offshore wind facilities.--
                            ``(i) In general.--In the case of any 
                        qualified offshore wind facility--
                                    ``(I) subparagraph (C)(ii) shall be 
                                applied by substituting `January 1 of 
                                the applicable year (as determined 
                                under subparagraph (F)(ii))' for 
                                `January 1, 2026',
                                    ``(II) subparagraph (E) shall not 
                                apply, and
                                    ``(III) for purposes of this 
                                paragraph, section 45(d)(1) shall be 
                                applied by substituting `January 1 of 
                                the applicable year (as determined 
                                under section 48(a)(5)(F)(ii))'' for 
                                `January 1, 2026'.
                            ``(ii) Applicable year.--For purposes of 
                        this subparagraph, the term `applicable year' 
                        means the later of--
                                    ``(I) calendar year 2025, or
                                    ``(II) the calendar year subsequent 
                                to the first calendar year in which the 
                                Secretary, after consultation with the 
                                Secretary of Energy, determines that 
                                the United States has increased its 
                                offshore wind capacity by not less than 
                                3,000 megawatts as compared to such 
                                capacity on January 1, 2021.
                        For purposes of subclause (II), the Secretary 
                        shall not include any increase in offshore wind 
                        capacity which is attributable to any facility 
                        the construction of which began before January 
                        1, 2021.
                            ``(iii) Qualified offshore wind facility.--
                        For purposes of this subparagraph, the term 
                        `qualified offshore wind facility' means a 
                        qualified facility (within the meaning of 
                        section 45) described in paragraph (1) of 
                        section 45(d) (determined without regard to any 
                        date by which the construction of the facility 
                        is required to begin) which is located in the 
                        inland navigable waters of the United States or 
                        in the coastal waters of the United States.
                            ``(iv) Report on offshore wind capacity.--
                        On January 15, 2024, and annually thereafter 
                        until the calendar year described in clause 
                        (ii)(II), the Secretary, after consultation 
                        with the Secretary of Energy, shall issue a 
                        report to be made available to the public which 
                        discloses the increase in the offshore wind 
                        capacity of the United States, as measured in 
                        total megawatts, since January 1, 2020.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to periods after December 31, 2016, under rules similar to the rules of 
section 48(m) of the Internal Revenue Code of 1986 (as in effect on the 
day before the date of the enactment of the Revenue Reconciliation Act 
of 1990).

SEC. 90406. GREEN ENERGY PUBLICLY TRADED PARTNERSHIPS.

    (a) In General.--Section 7704(d)(1)(E) is amended--
            (1) by striking ``income and gains derived from the 
        exploration'' and inserting ``income and gains derived from--
                            ``(i) the exploration'',
            (2) by inserting ``or'' before ``industrial source'', and
            (3) by striking ``, or the transportation or storage'' and 
        all that follows and inserting the following:
                            ``(ii) the generation of electric power or 
                        thermal energy exclusively using any qualified 
                        energy resource (as defined in section 
                        45(c)(1)),
                            ``(iii) the operation of energy property 
                        (as defined in section 48(a)(3), determined 
                        without regard to any date by which the 
                        construction of the facility is required to 
                        begin),
                            ``(iv) in the case of a facility described 
                        in paragraph (3) or (7) of section 45(d) 
                        (determined without regard to any placed in 
                        service date or date by which construction of 
                        the facility is required to begin), the 
                        accepting or processing of open-loop biomass or 
                        municipal solid waste,
                            ``(v) the storage of electric power or 
                        thermal energy exclusively using energy 
                        property that is energy storage property (as 
                        defined in section 48(c)(5)),
                            ``(vi) the generation, storage, or 
                        distribution of electric power or thermal 
                        energy exclusively using energy property that 
                        is combined heat and power system property (as 
                        defined in section 48(c)(3), determined without 
                        regard to subparagraph (B)(iii) thereof and 
                        without regard to any date by which the 
                        construction of the facility is required to 
                        begin),
                            ``(vii) the transportation or storage of 
                        any fuel described in subsection (b), (c), (d), 
                        or (e) of section 6426,
                            ``(viii) the conversion of renewable 
                        biomass (as defined in subparagraph (I) of 
                        section 211(o)(1) of the Clean Air Act (as in 
                        effect on the date of the enactment of this 
                        clause)) into renewable fuel (as defined in 
                        subparagraph (J) of such section as so in 
                        effect), or the storage or transportation of 
                        such fuel,
                            ``(ix) the production, storage, or 
                        transportation of any fuel which--
                                    ``(I) uses as its primary feedstock 
                                carbon oxides captured from an 
                                anthropogenic source or the atmosphere,
                                    ``(II) does not use as its primary 
                                feedstock carbon oxide which is 
                                deliberately released from naturally 
                                occurring subsurface springs, and
                                    ``(III) is determined by the 
                                Secretary, after consultation with the 
                                Secretary of Energy and the 
                                Administrator of the Environmental 
                                Protection Agency, to achieve a 
                                reduction of not less than a 60 percent 
                                in lifecycle greenhouse gas emissions 
                                (as defined in section 211(o)(1)(H) of 
                                the Clean Air Act, as in effect on the 
                                date of the enactment of this clause) 
                                compared to baseline lifecycle 
                                greenhouse gas emissions (as defined in 
                                section 211(o)(1)(C) of such Act, as so 
                                in effect),
                            ``(x) the generation of electric power 
                        from, a qualifying gasification project (as 
                        defined in section 48B(c)(1) without regard to 
                        subparagraph (C)) that is described in section 
                        48(d)(1)(B), or
                            ``(xi) in the case of a qualified facility 
                        (as defined in section 45Q(d), without regard 
                        to any date by which construction of the 
                        facility is required to begin) not less than 50 
                        percent (30 percent in the case of a facility 
                        placed in service before January 1, 2021) of 
                        the total carbon oxide production of which is 
                        qualified carbon oxide (as defined in section 
                        45Q(c))--
                                    ``(I) the generation, availability 
                                for such generation, or storage of 
                                electric power at such facility, or
                                    ``(II) the capture of carbon 
                                dioxide by such facility,''.
    (b) Effective Date.--The amendments made by this section apply to 
taxable years beginning after December 31, 2020.

                      Subtitle B--Renewable Fuels

SEC. 90411. BIODIESEL AND RENEWABLE DIESEL.

    (a) Income Tax Credit.--Section 40A(g) is amended to read as 
follows:
    ``(g) Phase Out; Termination.--
            ``(1) Phase out.--In the case of any sale or use after 
        December 31, 2022, subsections (b)(1)(A) and (b)(2)(A) shall be 
        applied by substituting for `$1.00'--
                    ``(A) `$.75', if such sale or use is before January 
                1, 2024,
                    ``(B) `$.50', if such sale or use is after December 
                31, 2023, and before January 1, 2025, and
                    ``(C) `$.33', if such sale or use is after December 
                31, 2024, and before January 1, 2026.
            ``(2) Termination.--This section shall not apply to any 
        sale or use after December 31, 2025.''.
    (b) Excise Tax Incentives.--
            (1) Phase out.--Section 6426(c)(2) is amended to read as 
        follows:
            ``(2) Applicable amount.--For purposes of this subsection, 
        the applicable amount is--
                    ``(A) $1.00 in the case of any sale or use for any 
                period before January 1, 2023,
                    ``(B) $.75 in the case of any sale or use for any 
                period after December 31, 2022, and before January 1, 
                2024,
                    ``(C) $.50 in the case of any sale or use for any 
                period after December 31, 2023, and before January 1, 
                2025, and
                    ``(D) $.33 in the case of any sale or use for any 
                period after December 31, 2024, and before January 1, 
                2026.''.
            (2) Termination.--
                    (A) In general.--Section 6426(c)(6) is amended by 
                striking ``December 31, 2022'' and inserting ``December 
                31, 2025''.
                    (B) Payments.--Section 6427(e)(6)(B) is amended by 
                striking ``December 31, 2022'' and inserting ``December 
                31, 2025''.
    (c) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after December 31, 2022.

SEC. 90412. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE 
              FUELS.

    (a) Extension and Phaseout of Alternative Fuel Credit.--
            (1) In general.--Section 6426(d)(1) is amended by striking 
        ``50 cents'' and inserting ``the applicable amount''.
            (2) Applicable amount and termination.--Section 6426(d)(5) 
        is amended to read as follows:
            ``(5) Phaseout and termination.--
                    ``(A) Phaseout.--For purposes of this subsection, 
                the applicable amount is--
                            ``(i) 50 cents in the case of any sale or 
                        use for any period before January 1, 2023,
                            ``(ii) 38 cents in the case of any sale or 
                        use for any period after December 31, 2022, and 
                        before January 1, 2024,
                            ``(iii) 25 cents in the case of any sale or 
                        use for any period after December 31, 2023, and 
                        before January 1, 2025, and
                            ``(iv) 17 cents in the case of any sale or 
                        use for any period after December 31, 2024, and 
                        before January 1, 2026.
                    ``(B) Termination.--This subsection shall not apply 
                to any sale or use for any period after December 31, 
                2025.''.
    (b) Alternative Fuel Mixture Credit.--
            (1) In general.--Section 6426(e)(3) is amended by striking 
        ``December 31, 2020'' and inserting ``December 31, 2025''.
            (2) Phaseout.--Section 6426(e)(1) is amended by striking 
        ``50 cents'' and inserting ``the applicable amount (as defined 
        in subsection (d)(5)(A))''.
    (c) Payments for Alternative Fuels.--Section 6427(e)(6)(C) is 
amended by striking ``December 31, 2020'' and inserting ``December 31, 
2025''.
    (d) Effective Date.--The amendments made by this section shall 
apply to fuel sold or used after December 31, 2020.

SEC. 90413. EXTENSION OF SECOND GENERATION BIOFUEL INCENTIVES.

    (a) In General.--Section 40(b)(6)(J)(i) is amended by striking 
``2021'' and inserting ``2026''.
    (b) Extension of Special Allowance for Depreciation of Second 
Generation Biofuel Plant Property.--Section 168(l)(2)(D) is amended by 
striking ``2021'' and inserting ``2026''.
    (c) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply to qualified second generation biofuel production after 
        December 31, 2020.
            (2) Second generation biofuel plant property.--The 
        amendment made by subsection (b) shall apply to property placed 
        in service after December 31, 2020.

   Subtitle C--Green Energy and Efficiency Incentives for Individuals

SEC. 90421. EXTENSION, INCREASE, AND MODIFICATIONS OF NONBUSINESS 
              ENERGY PROPERTY CREDIT.

    (a) Extension of Credit.--Section 25C(g)(2) is amended by striking 
``December 31, 2020'' and inserting ``December 31, 2025''.
    (b) Increase in Credit Percentage for Qualified Energy Efficiency 
Improvements.--Section 25C(a)(1) is amended by striking ``10 percent'' 
and inserting ``15 percent''.
    (c) Increase in Lifetime Limitation of Credit.--Section 25C(b)(1) 
is amended--
            (1) by striking ``$500'' and inserting ``$1,200'', and
            (2) by striking ``December 31, 2005'' and inserting 
        ``December 31, 2020''.
    (d) Limitations.--Section 25C(b) is amended by striking paragraphs 
(2) and (3) and inserting the following:
            ``(2) Limitation on qualified energy efficiency 
        improvements.--The credit allowed under this section by reason 
        of subsection (a)(1), with respect to costs paid or incurred by 
        a taxpayer for a taxable year, shall not exceed--
                    ``(A) for components described in subsection 
                (c)(3)(A), the excess (if any) of $600 over the 
                aggregate credits allowed under this section with 
                respect to such components for all prior taxable years 
                ending after December 31, 2020,
                    ``(B) for components described in subsection 
                (c)(3)(B)--
                            ``(i) in the case of components which are 
                        not described in clause (ii), the excess (if 
                        any) of $200 over the aggregate credits allowed 
                        under this section with respect to such 
                        components for all prior taxable years ending 
                        after December 31, 2020, and
                            ``(ii) in the case of components which meet 
                        the standards for most efficient certification 
                        under applicable Energy Star program 
                        requirements, the excess (if any) of $600 over 
                        the aggregate credits allowed under this 
                        section with respect to such components for all 
                        prior taxable years ending after December 31, 
                        2020, or with respect to components described 
                        in clause (i) for such taxable year, and
                    ``(C) for components described in subsection 
                (c)(3)(C) by any taxpayer for any taxable year, the 
                credit allowed under this section with respect to such 
                amounts for such year shall not exceed the lesser of--
                            ``(i) the excess (if any) of $500 over the 
                        aggregate credits allowed under this section 
                        with respect to such amounts for all prior 
                        taxable years ending after December 31, 2020, 
                        or
                            ``(ii) $250 for each exterior door.
            ``(3) Limitation on residential energy property 
        expenditures.--The credit allowed under this section by reason 
        of subsection (a)(2) shall not, with respect to an item of 
        property, exceed--
                    ``(A) in the case of property described in 
                subparagraph (A), (B), or (C) of subsection (d)(3), 
                $600,
                    ``(B) for the case of property described in 
                subparagraph (D) of subsection (d)(3), $400,
                    ``(C) in the case of a hot water boiler, $600, and
                    ``(D) in the case of a furnace, an amount equal to 
                the sum of--
                            ``(i) $300, plus
                            ``(ii) if the taxpayer is converting from a 
                        non-condensing furnace to a condensing furnace, 
                        $300.''.
    (e) Standards for Energy Efficient Building Envelope Components.--
Section 25C(c)(2) is amended by striking ``meets--'' and all that 
follows through the period at the end and inserting the following: 
``meets--
                    ``(A) in the case of an exterior window, a 
                skylight, or an exterior door, applicable Energy Star 
                program requirements, and
                    ``(B) in the case of any other component, the 
                prescriptive criteria for such component established by 
                the 2018 IECC (as such term is defined in section 
                45L(b)(5)).''.
    (f) Roofs Not Building Envelope Components.--Section 25C(c)(3) is 
amended by adding ``and'' at the end of subparagraph (B), by striking 
``, and'' at the end of subparagraph (C) and inserting a period, and by 
striking subparagraph (D).
    (g) Advanced Main Air Circulating Fans Not Qualified Energy 
Property.--
            (1) In general.--Section 25C(d)(2)(A) is amended by adding 
        ``or'' at the end of clause (i), by striking ``, or'' at the 
        end of clause (ii) and inserting a period, and by striking 
        clause (iii).
            (2) Conforming amendment.--Section 25C(d) is amended by 
        striking paragraph (5) and redesignating paragraph (6) as 
        paragraph (5).
    (h) Increase in Standard for Electric Heat Pump Water Heater.--
Section 25C(d)(3)(A) is amended by striking ``an energy factor of at 
least 2.0'' and inserting ``a uniform energy factor of at least 3.0''.
    (i) Update of Standards for Certain Energy-efficient Building 
Property.--Section 25C(d)(3) is amended--
            (1) by striking ``January 1, 2009'' each place such term 
        appears and inserting ``November 1, 2019'', and
            (2) by striking subparagraph (D) and inserting the 
        following:
                    ``(D) a natural gas, propane, or oil water heater 
                which, in the standard Department of Energy test 
                procedure, yields--
                            ``(i) in the case of a storage tank water 
                        heater--
                                    ``(I) in the case of a medium-draw 
                                water heater, a uniform energy factor 
                                of not less than 0.78, and
                                    ``(II) in the case of a high-draw 
                                water heater, a uniform energy factor 
                                of not less than 0.80, and
                            ``(ii) in the case of a tankless water 
                        heater--
                                    ``(I) in the case of a medium-draw 
                                water heater, a uniform energy factor 
                                of not less than 0.87, and
                                    ``(II) in the case of a high-draw 
                                water heater, a uniform energy factor 
                                of not less than 0.90, and''.
    (j) Increase in Standard for Furnaces.--Section 25C(d)(4) is 
amended by striking by striking ``not less than 95.'' and inserting the 
following: ``not less than--
                    ``(A) in the case of a furnace, 97 percent, and
                    ``(B) in the case of a hot water boiler, 95 
                percent.''.
    (k) Home Energy Audits.--
            (1) In general.--Section 25C(a) is amended by striking 
        ``and'' at the end of paragraph (1), by striking the period at 
        the end of paragraph (2) and inserting ``, and'', and by adding 
        at the end the following new paragraph:
            ``(3) 30 percent of the amount paid or incurred by the 
        taxpayer during the taxable year for home energy audits.''.
            (2) Limitation.--Section 25C(b) is amended adding at the 
        end the following new paragraph:
            ``(4) Home energy audits.--The amount of the credit allowed 
        under this section by reason of subsection (a)(3) shall not 
        exceed $150.''.
            (3) Home energy audits.--Section 25C, as amended by 
        subsections (a), is amended by redesignating subsections (e), 
        (f), and (g), as subsections (f), (g), and (h), respectively, 
        and by inserting after subsection (d) the following new 
        subsection:
    ``(e) Home Energy Audits.--For purposes of this section, the term 
`home energy audit' means an inspection and written report with respect 
to a dwelling unit located in the United States and owned or used by 
the taxpayer as the taxpayer's principal residence (within the meaning 
of section 121) which--
            ``(1) identifies the most significant and cost-effective 
        energy efficiency improvements with respect to such dwelling 
        unit, including an estimate of the energy and cost savings with 
        respect to each such improvement, and
            ``(2) is conducted and prepared by a home energy auditor 
        that meets the certification or other requirements specified by 
        the Secretary (after consultation with the Secretary of Energy, 
        and not later than 180 days after the date of the enactment of 
        this subsection) in regulations or other guidance.''.
            (4) Conforming amendment.--Section 1016(a)(33) is amended 
        by striking ``section 25C(f)'' and inserting ``section 
        25C(g)''.
    (l) Effective Dates.--
            (1) Increase and modernization.--Except as otherwise 
        provided by this subsection, the amendments made by this 
        section shall apply to property placed in service after 
        December 31, 2020.
            (2) Extension.--The amendments made by subsection (a) shall 
        apply to property placed in service after December 31, 2020.
            (3) Home energy audits.--The amendments made by subsection 
        (k) shall apply to amounts paid or incurred after December 31, 
        2020.

SEC. 90422. RESIDENTIAL ENERGY EFFICIENT PROPERTY.

    (a) Extension of Credit.--
            (1) In general.--Section 25D(h) is amended by striking 
        ``December 31, 2021'' and inserting ``December 31, 2027''.
            (2) Application of phaseout.--Section 25D(g) is amended--
                    (A) in paragraph (1), by striking ``January 1, 
                2020'' and inserting ``January 1, 2026'',
                    (B) in paragraph (2)--
                            (i) by striking ``December 31, 2019'' and 
                        inserting ``December 31, 2025'', and
                            (ii) by striking ``January 1, 2021'' and 
                        inserting ``January 1, 2027'', and
                    (C) in paragraph (3)--
                            (i) by striking ``December 31, 2020'' and 
                        inserting ``December 31, 2026'', and
                            (ii) by striking ``January 1, 2022'' and 
                        inserting ``January 1, 2028''.
    (b) Qualified Biomass Fuel Property Expenditures; Residential 
Energy Efficient Property Credit for Battery Storage Technology.--
            (1) In general.--Section 25D(a) is amended by striking 
        ``and'' at the end of paragraph (4) and by inserting after 
        paragraph (5) the following new paragraphs:
            ``(6) the qualified biomass fuel property expenditures, and
            ``(7) the qualified battery storage technology 
        expenditures,''.
            (2) Qualified biomass fuel property expenditures; 
        residential energy efficient property credit for battery 
        storage technology.--Section 25D(d) is amended by adding at the 
        end the following new paragraphs:
            ``(6) Qualified biomass fuel property expenditure.--
                    ``(A) In general.--The term `qualified biomass fuel 
                property expenditure' means an expenditure for 
                property--
                            ``(i) which uses the burning of biomass 
                        fuel to heat a dwelling unit located in the 
                        United States and used as a residence by the 
                        taxpayer, or to heat water for use in such a 
                        dwelling unit, and
                            ``(ii) which has a thermal efficiency 
                        rating of at least 75 percent (measured by the 
                        higher heating value of the fuel).
                    ``(B) Biomass fuel.--For purposes of this section, 
                the term `biomass fuel' means any plant-derived fuel 
                available on a renewable or recurring basis.
            ``(7) Qualified battery storage technology expenditure.--
        The term `qualified battery storage technology expenditure' 
        means an expenditure for battery storage technology which--
                    ``(A) is installed in connection with a dwelling 
                unit located in the United States and used as a 
                residence by the taxpayer, and
                    ``(B) has a capacity of not less than 3 kilowatt 
                hours.''.
            (3) Denial of double benefit for biomass stoves.--
                    (A) In general.--Section 25C(d)(3) is amended by 
                adding ``and'' at the end of subparagraph (C), by 
                striking ``, and'' at the end of subparagraph (D) and 
                inserting a period, and by striking subparagraph (E).
                    (B) Conforming amendment.--Section 25C(d), as 
                amended by the preceding provisions of this Act, is 
                amended by striking paragraph (5).
    (c) Effective Date.--The amendments made by this section shall 
apply to expenditures made after the date of the enactment of this Act.

SEC. 90423. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

    (a) Extension.--Section 179D(h) is amended by striking ``December 
31, 2020'' and inserting ``December 31, 2025''.
    (b) Increase in the Maximum Amount of Deduction.--
            (1) In general.--Section 179D(b) is amended by striking 
        ``$1.80'' and inserting ``$3''.
            (2) Inflation adjustment.--Section 179D, as amended by this 
        Act, is amended by redesignating subsection (h) as subsection 
        (i) and by inserting after subsection (g) the following new 
        subsection:
    ``(h) Inflation Adjustment.--In the case of a taxable year 
beginning after 2020, each dollar amount in subsection (b) or 
subsection (d)(1)(A) shall be increased by an amount equal to--
            ``(1) such dollar amount, multiplied by
            ``(2) the cost-of-living adjustment determined under 
        section 1(f)(3) for the calendar year in which the taxable year 
        begins, determined by substituting `calendar year 2019' for 
        `calendar year 2016' in subparagraph (A)(ii) thereof.''.
            (3) Conforming amendment.--Section 179D(d)(1)(A) is amended 
        by striking ``by substituting `$.60' for `$1.80''' and 
        inserting ``by substituting `$1' for `$3'''.
    (c) Limit on Deduction Limited to Three-Year Period.--Section 
179D(b)(2) is amended by striking ``for all prior taxable years'' and 
inserting ``for the 3 years immediately preceding such taxable year''.
    (d) Update of Standards.--
            (1) ASHRAE standards.--Section 179D(c) is amended--
                    (A) in paragraphs (1)(B)(ii) and (1)(D), by 
                striking ``Standard 90.1-2007'' and inserting 
                ``Reference Standard 90.1'', and
                    (B) by amending paragraph (2) to read as follows:
            ``(2) Reference standard 90.1.--The term `Reference 
        Standard 90.1' means, with respect to property, the Standard 
        90.1 most recently adopted (as of the date that is 2 years 
        before the date that construction of such property begins) by 
        the American Society of Heating, Refrigerating, and Air 
        Conditioning Engineers and the Illuminating Engineering Society 
        of North America.''.
            (2) California nonresidential alternative calculation 
        method approval manual.--Section 179D(d)(2) is amended by 
        striking ``2005'' and inserting ``2019''.
    (e) Change in Efficiency Standards.--Section 179D(c)(1)(D) is 
amended by striking ``50'' and inserting ``30''.
    (f) Deadwood.--Section 179D, as amended by subsection (a), is 
amended by striking subsection (f) and redesignating subsections (g) 
and (h) as subsections (f) and (g), respectively.
    (g) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2020.

SEC. 90424. EXTENSION, INCREASE, AND MODIFICATIONS OF NEW ENERGY 
              EFFICIENT HOME CREDIT.

    (a) Extension of Credit.--Section 45L(g) is amended by striking 
``December 31, 2020'' and inserting ``December 31, 2025''.
    (b) Increase in Credit for Certain Dwelling Units.--Section 
45L(a)(2)(A) is amended by striking ``$2,000'' and inserting 
``$2,500''.
    (c) Increase in Standard for Heating and Cooling Reduction for 
Certain Units.--Section 45L(c)(1) is amended by striking ``50 percent'' 
each place such term appears and inserting ``60 percent''.
    (d) Energy Saving Requirements Modifications.--
            (1) All energy star labeled homes eligible; no reduction in 
        standard.--Section 45L(c) is amended by amending paragraph (3) 
        to read as follows:
            ``(3) a unit which meets the requirements established by 
        the Administrator of the Environmental Protection Agency under 
        the Energy Star Labeled Homes program and, in the case of a 
        manufactured home, which conforms to Federal Manufactured Home 
        Construction and Safety Standards (part 3280 of title 24, Code 
        of Federal Regulations).''.
            (2) Units constructed in accordance with 2018 iecc 
        standards.--Section 45L(c), as amended by paragraph (1), is 
        further amended by striking ``or'' at the end of paragraph (2), 
        by striking the period at the end of paragraph (3) and 
        inserting ``, or'', and by adding at the end the following new 
        paragraph:
            ``(4) certified--
                    ``(A) to have a level of annual energy consumption 
                which is at least 15 percent below the annual level of 
                energy consumption of a comparable dwelling unit--
                            ``(i) which is constructed in accordance 
                        with the standards of chapter 4 of the 2018 
                        IECC (without taking into account on-site 
                        energy generation), and
                            ``(ii) which meets the requirements 
                        described in paragraph (1)(A)(ii), and
                    ``(B) to have building envelope component 
                improvements account for at least 1/5 of such 15 
                percent.''.
            (3) Conforming amendments.--
                    (A) Section 45L(c)(2) is amended by inserting ``or 
                (4)'' after ``paragraph (1)''.
                    (B) Section 45L(a)(2)(A) is amended by striking 
                ``or (2)'' and inserting ``, (2), or (4)''.
                    (C) Section 45L(b) is amended by adding at the end 
                the following:
            ``(5) 2018 iecc.--The term `2018 IECC' means the 2018 
        International Energy Conservation Code, as such Code (including 
        supplements) is in effect on November 1, 2018.''.
    (e) Effective Dates.--The amendments made by this section shall 
apply to dwelling units acquired after December 31, 2020.

SEC. 90425. MODIFICATIONS TO INCOME EXCLUSION FOR CONSERVATION 
              SUBSIDIES.

    (a) In General.--Section 136(a) is amended--
            (1) by striking ``any subsidy provided'' and inserting 
        ``any subsidy--
            ``(1) provided'',
            (2) by striking the period at the end and inserting a 
        comma, and
            (3) by adding at the end the following new paragraphs:
            ``(2) provided (directly or indirectly) by a public utility 
        to a customer, or by a State or local government to a resident 
        of such State or locality, for the purchase or installation of 
        any water conservation or efficiency measure,
            ``(3) provided (directly or indirectly) by a storm water 
        management provider to a customer, or by a State or local 
        government to a resident of such State or locality, for the 
        purchase or installation of any storm water management measure, 
        or
            ``(4) provided (directly or indirectly) by a State or local 
        government to a resident of such State or locality for the 
        purchase or installation of any wastewater management measure, 
        but only if such measure is with respect to the taxpayer's 
        principal residence.''.
    (b) Conforming Amendments.--
            (1) Definition of water conservation or efficiency measure 
        and storm water management measure.--Section 136(c) is 
        amended--
                    (A) by striking ``Energy Conservation Measure'' in 
                the heading thereof and inserting ``Definitions'',
                    (B) by striking ``In general'' in the heading of 
                paragraph (1) and inserting ``Energy conservation 
                measure'', and
                    (C) by redesignating paragraph (2) as paragraph (5) 
                and by inserting after paragraph (1) the following:
            ``(2) Water conservation or efficiency measure.--For 
        purposes of this section, the term `water conservation or 
        efficiency measure' means any evaluation of water use, or any 
        installation or modification of property, the primary purpose 
        of which is to reduce consumption of water or to improve the 
        management of water demand with respect to one or more dwelling 
        units.
            ``(3) Storm water management measure.--For purposes of this 
        section, the term `storm water management measure' means any 
        installation or modification of property primarily designed to 
        reduce or manage amounts of storm water with respect to one or 
        more dwelling units.
            ``(4) Wastewater management measure.--For purposes of this 
        section, the term `wastewater management measure' means any 
        installation or modification of property primarily designed to 
        manage wastewater (including septic tanks and cesspools) with 
        respect to one or more dwelling units.''.
            (2) Definition of public utility.--Section 136(c)(5) (as 
        redesignated by paragraph (1)(C)) is amended by striking 
        subparagraph (B) and inserting the following:
                    ``(B) Public utility.--The term `public utility' 
                means a person engaged in the sale of electricity, 
                natural gas, or water to residential, commercial, or 
                industrial customers for use by such customers.
                    ``(C) Storm water management provider.--The term 
                `storm water management provider' means a person 
                engaged in the provision of storm water management 
                measures to the public.
                    ``(D) Person.--For purposes of subparagraphs (B) 
                and (C), the term `person' includes the Federal 
                Government, a State or local government or any 
                political subdivision thereof, or any instrumentality 
                of any of the foregoing.''.
            (3) Clerical amendments.--
                    (A) The heading for section 136 is amended--
                            (i) by inserting ``and water'' after 
                        ``energy'', and
                            (ii) by striking ``provided by public 
                        utilities''.
                    (B) The item relating to section 136 in the table 
                of sections of part III of subchapter B of chapter 1 is 
                amended--
                            (i) by inserting ``and water'' after 
                        ``energy'', and
                            (ii) by striking ``provided by public 
                        utilities''.
    (c) Effective Date.--The amendments made by this section shall 
apply to amounts received after December 31, 2018.
    (d) No Inference.--Nothing in this Act or the amendments made by 
this Act shall be construed to create any inference with respect to the 
proper tax treatment of any subsidy received directly or indirectly 
from a public utility, a storm water management provider, or a State or 
local government for any water conservation measure or storm water 
management measure before January 1, 2021.

        Subtitle D--Greening the Fleet and Alternative Vehicles

SEC. 90431. MODIFICATION OF LIMITATIONS ON NEW QUALIFIED PLUG-IN 
              ELECTRIC DRIVE MOTOR VEHICLE CREDIT.

    (a) In General.--Section 30D(e) is amended to read as follows:
    ``(e) Limitation on Number of New Qualified Plug-In Electric Drive 
Motor Vehicles Eligible for Credit.--
            ``(1) In general.--In the case of any new qualified plug-in 
        electric drive motor vehicle sold after the date of the 
        enactment of the GREEN Act of 2020--
                    ``(A) if such vehicle is sold during the transition 
                period, the amount determined under subsection (b)(2) 
                shall be reduced by $500, and
                    ``(B) if such vehicle is sold during the phaseout 
                period, only the applicable percentage of the credit 
                otherwise allowable under subsection (a) shall be 
                allowed.
            ``(2) Transition period.--For purposes of this subsection, 
        the transition period is the period subsequent to the first 
        date on which the number of new qualified plug-in electric 
        drive motor vehicles manufactured by the manufacturer of the 
        vehicle referred to in paragraph (1) sold for use in the United 
        States after December 31, 2009, is at least 200,000.
            ``(3) Phaseout period.--
                    ``(A) In general.--For purposes of this subsection, 
                the phaseout period is the period beginning with the 
                second calendar quarter following the calendar quarter 
                which includes the first date on which the number of 
                new qualified plug-in electric drive motor vehicles 
                manufactured by the manufacturer of the vehicle 
                referred to in paragraph (1) sold for use in the United 
                States after December 31, 2009, is at least 600,000.
                    ``(B) Applicable percentage.--For purposes of 
                paragraph (1)(B), the applicable percentage is--
                            ``(i) 50 percent for the first calendar 
                        quarter of the phaseout period, and
                            ``(ii) 0 percent for each calendar quarter 
                        thereafter.
                    ``(C) Exclusion of sale of certain vehicles.--
                            ``(i) In general.--For purposes of 
                        subparagraph (A), any new qualified plug-in 
                        electric drive motor vehicle manufactured by 
                        the manufacturer of the vehicle referred to in 
                        paragraph (1) which was sold during the 
                        exclusion period shall not be included for 
                        purposes of determining the number of such 
                        vehicles sold.
                            ``(ii) Exclusion period.--For purposes of 
                        this subparagraph, the exclusion period is the 
                        period--
                                    ``(I) beginning on the first date 
                                on which the number of new qualified 
                                plug-in electric drive motor vehicles 
                                manufactured by the manufacturer of the 
                                vehicle referred to in paragraph (1) 
                                sold for use in the United States after 
                                December 31, 2009, is at least 200,000, 
                                and
                                    ``(II) ending on the date of the 
                                enactment of the GREEN Act of 2020.
            ``(4) Controlled groups.--Rules similar to the rules of 
        section 30B(f)(4) shall apply for purposes of this 
        subsection.''.
    (b) Extension for 2- and 3-Wheeled Plug-In Electric Vehicles.--
Section 30D(g)(3)(E) is amended to read as follows:
                    ``(E) is acquired after December 31, 2020, and 
                before January 1, 2026.''.
    (c) Effective Date.--
            (1) Limitation.--The amendment made by subsection (a) shall 
        apply to vehicles sold after the date of the enactment of this 
        Act.
            (2) Extension.--The amendment made by subsection (b) shall 
        apply to vehicles sold after December 31, 2020.

SEC. 90432. CREDIT FOR PREVIOUSLY-OWNED QUALIFIED PLUG-IN ELECTRIC 
              DRIVE MOTOR VEHICLES.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
is amended by inserting after section 25D the following new section:

``SEC. 25E. PREVIOUSLY-OWNED QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 
              VEHICLES.

    ``(a) Allowance of Credit.--In the case of a qualified buyer who 
during a taxable year places in service a previously-owned qualified 
plug-in electric drive motor vehicle, there shall be allowed as a 
credit against the tax imposed by this chapter for the taxable year an 
amount equal to the sum of--
            ``(1) $1,250, plus
            ``(2) in the case of a vehicle which draws propulsion 
        energy from a battery which exceeds 4 kilowatt hours of 
        capacity (determined at the time of sale), the lesser of--
                    ``(A) $1,250, and
                    ``(B) the product of $208.50 and such excess 
                kilowatt hours.
    ``(b) Limitations.--
            ``(1) Sale price.--The credit allowed under subsection (a) 
        with respect to sale of a vehicle shall not exceed 30 percent 
        of the sale price.
            ``(2) Adjusted gross income.--The amount which would (but 
        for this paragraph) be allowed as a credit under subsection (a) 
        shall be reduced (but not below zero) by $250 for each $1,000 
        (or fraction thereof) by which the taxpayer's adjusted gross 
        income exceeds $30,000 (twice such amount in the case of a 
        joint return).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Previously-owned qualified plug-in electric drive 
        motor vehicle.--The term `previously-owned qualified plug-in 
        electric drive motor vehicle' means, with respect to a 
        taxpayer, a motor vehicle--
                    ``(A) the model year of which is at least 2 earlier 
                than the calendar year in which the taxpayer acquires 
                such vehicle,
                    ``(B) the original use of which commences with a 
                person other than the taxpayer,
                    ``(C) which is acquired by the taxpayer in a 
                qualified sale,
                    ``(D) registered by the taxpayer for operation in a 
                State or possession of the United States, and
                    ``(E) which meets the requirements of subparagraphs 
                (C), (D), (E), and (F) of section 30D(d)(1).
            ``(2) Qualified sale.--The term `qualified sale' means a 
        sale of a motor vehicle--
                    ``(A) by a person who holds such vehicle in 
                inventory (within the meaning of section 471) for sale 
                or lease,
                    ``(B) for a sale price of less than $25,000, and
                    ``(C) which is the first transfer since the date of 
                the enactment of this section to a person other than 
                the person with whom the original use of such vehicle 
                commenced.
            ``(3) Qualified buyer.--The term `qualified buyer' means, 
        with respect to a sale of a motor vehicle, a taxpayer--
                    ``(A) who is an individual,
                    ``(B) who purchases such vehicle for use and not 
                for resale,
                    ``(C) with respect to whom no deduction is 
                allowable with respect to another taxpayer under 
                section 151,
                    ``(D) who has not been allowed a credit under this 
                section for any sale during the 3-year period ending on 
                the date of the sale of such vehicle, and
                    ``(E) who possesses a certificate issued by the 
                seller that certifies--
                            ``(i) that the vehicle is a previously-
                        owned qualified plug-in electric drive motor 
                        vehicle,
                            ``(ii) the capacity of the battery at time 
                        of sale, and
                            ``(iii) such other information as the 
                        Secretary may require.
            ``(4) Motor vehicle; capacity.--The terms `motor vehicle' 
        and `capacity' have the meaning given such terms in paragraphs 
        (2) and (4) of section 30D(d), respectively.
    ``(d) Application of Certain Rules.--For purposes of this section, 
rules similar to the rules of paragraphs (1), (2), (4), (5), (6) and 
(7) of section 30D(f) shall apply for purposes of this section.
    ``(e) Certificate Submission Requirement.--The Secretary may 
require that the issuer of the certificate described in subsection 
(c)(3)(E) submit such certificate to the Secretary at the time and in 
the manner required by the Secretary.
    ``(f) Termination.--No credit shall be allowed under this section 
with respect to sales after December 31, 2025.''.
    (b) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 is amended by inserting after the 
item relating to section 25D the following new item:

``Sec. 25E. Previously-owned qualified plug-in electric drive motor 
                            vehicles.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to sales after the date of the enactment of this Act.

SEC. 90433. CREDIT FOR ZERO-EMISSION HEAVY VEHICLES AND ZERO-EMISSION 
              BUSES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new section:

``SEC. 45U. ZERO-EMISSION HEAVY VEHICLE CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 38, in the case 
of a manufacturer of a zero-emission heavy vehicle, the zero-emission 
heavy vehicle credit determined under this section for a taxable year 
is an amount equal to 10 percent of the sum of the sale price of each 
zero-emission heavy vehicle sold by such taxpayer during such taxable 
year.
    ``(b) Limitation.--The sale price of a zero-emission heavy vehicle 
may not be taken into account under subsection (a) to the extent such 
price exceeds $1,000,000.
    ``(c) Zero-Emission Heavy Vehicle.--For purposes of this section--
            ``(1) In general.--The term `zero-emission heavy vehicle' 
        means a motor vehicle which--
                    ``(A) has a gross vehicle weight rating of not less 
                than 14,000 pounds,
                    ``(B) is not powered or charged by an internal 
                combustion engine, and
                    ``(C) is propelled solely by an electric motor 
                which draws electricity from a battery or fuel cell.
            ``(2) Motor vehicle; manufacturer.--The term `motor 
        vehicle' and `manufacturer' have the meaning given such terms 
        in paragraphs (2) and (3) of section 30D(d), respectively.
    ``(d) Special Rules.--
            ``(1) Sale price.--For purposes of this section, the sale 
        price of a zero-emission heavy vehicle shall be reduced by any 
        rebate or other incentive given before, on, or after the date 
        of the sale.
            ``(2) Domestic use.--No credit shall be allowed under 
        subsection (a) with respect to a zero-emission heavy vehicle to 
        a manufacturer who knows or has reason to know that such 
        vehicle will not be used primarily in the United States or a 
        possession of the United States.
            ``(3) Regulations.--The Secretary shall prescribe such 
        regulations as may be necessary or appropriate to carry out the 
        purposes of this section.
    ``(e) Termination.--This section shall not apply to sales after 
December 31, 2025.''.
    (b) Credit Made Part of General Business Credit.--Subsection (b) of 
section 38 is amended by striking ``plus'' at the end of paragraph 
(32), by striking the period at the end of paragraph (33) and inserting 
``, plus'', and by adding at the end the following new paragraph:
            ``(34) the zero-emission heavy vehicle credit determined 
        under section 45U.''.
    (c) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 is amended by adding at the end 
the following new item:

``Sec. 45U. Zero-emission heavy vehicle credit.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to sales after the date of the enactment of this Act.

SEC. 90434. QUALIFIED FUEL CELL MOTOR VEHICLES.

    (a) In General.--Section 30B(k)(1) is amended by striking 
``December 31, 2020'' and inserting ``December 31, 2025''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2020.

SEC. 90435. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.

    (a) In General.--Section 30C(g) is amended by striking ``December 
31, 2020'' and inserting ``December 31, 2025''.
    (b) Additional Credit for Certain Electric Charging Property.--
            (1) In general.--Section 30C(a) is amended--
                    (A) by striking ``equal to 30 percent'' and 
                inserting the following: ``equal to the sum of--
            ``(1) 30 percent'',
                    (B) by striking the period at the end and inserting 
                ``, plus'', and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) 20 percent of so much of such cost as exceeds the 
        limitation under subsection (b)(1) that does not exceed the 
        amount of cost attributable to qualified alternative vehicle 
        refueling property (determined without regard to paragraphs 
        (1), (2)(A), and (2)(B) of subsection (c)) which--
                    ``(A) is intended for general public use and 
                recharges motor vehicle batteries with no associated 
                fee or payment arrangement,
                    ``(B) is intended for general public use and 
                accepts payment via a credit card reader, or
                    ``(C) is intended for use exclusively by fleets of 
                commercial or governmental vehicles.''.
            (2) Conforming amendment.--Section 30C(b) is amended--
                    (A) by striking ``The credit allowed under 
                subsection (a)'' and inserting ``The amount of cost 
                taken into account under subsection (a)(1)'',
                    (B) by striking ``$30,000'' and inserting 
                ``$100,000'', and
                    (C) by striking ``$1,000'' and inserting 
                ``$3,333.33''.
    (c) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2020.

SEC. 90436. MODIFICATION OF EMPLOYER-PROVIDED FRINGE BENEFITS FOR 
              BICYCLE COMMUTING.

    (a) Repeal of Suspension of Exclusion for Qualified Bicycle 
Commuting Reimbursement.--Section 132(f) is amended by striking 
paragraph (8).
    (b) Commuting Fringe Includes Bikeshare.--
            (1) In general.--Clause (i) of section 132(f)(5)(F) is 
        amended by striking ``a bicycle'' and all that follows and 
        inserting ``bikeshare, a bicycle, and bicycle improvements, 
        repair, and storage, if the employee regularly uses such 
        bikeshare or bicycle for travel between the employee's 
        residence and place of employment or mass transit facility that 
        connects an employee to their place of employment.''.
            (2) Bikeshare.--Section 132(f)(5)(F) is amended by adding 
        at the end the following:
                            ``(iv) Bikeshare.--The term `bikeshare' 
                        means a bicycle rental operation at which 
                        bicycles are made available to customers to 
                        pick up and drop off for point-to-point use 
                        within a defined geographic area.''.
    (c) Low-Speed Electric Bicycles.--Section 132(f)(5)(F), as amended 
by subsection (b)(2), is amended by adding at the end the following:
                            ``(v) Low-speed electric bicycles.--The 
                        term `bicycle' includes a two- or three-wheeled 
                        vehicle with fully operable pedals and an 
                        electric motor of less than 750 watts (1 h.p.), 
                        whose maximum speed on a paved level surface, 
                        when powered solely by such a motor while 
                        ridden by an operator who weighs 170 pounds, is 
                        less than 20 mph.''.
    (d) Modification Relating to Bicycle Commuting Month.--Clause (iii) 
of section 132(f)(5)(F) is amended to read as follows:
                            ``(iii) Qualified bicycle commuting 
                        month.--The term `qualified bicycle commuting 
                        month' means, with respect to any employee, any 
                        month during which such employee regularly uses 
                        a bicycle for a portion of the travel between 
                        the employee's residence and place of 
                        employment.''.
    (e) Limitation on Exclusion.--
            (1) In general.--Subparagraph (C) of section 132(f)(2) is 
        amended by striking ``applicable annual limitation'' and 
        inserting ``applicable monthly limitation''.
            (2) Applicable monthly limitation defined.--Clause (ii) of 
        section 132(f)(5)(F) is amended to read as follows:
                            ``(ii) Applicable monthly limitation.--The 
                        term `applicable monthly limitation', with 
                        respect to any employee for any month, means an 
                        amount equal to 20 percent of the dollar amount 
                        in effect for the month under paragraph 
                        (2)(B).''.
            (3) Aggregate limitation.--Subparagraph (B) of section 
        132(f)(2) is amended by inserting ``and the applicable monthly 
        limitation in the case of any qualified bicycle commuting 
        benefit''.
    (f) No Constructive Receipt.--Paragraph (4) of section 132(f) is 
amended by striking ``(other than a qualified bicycle commuting 
reimbursement)''.
    (g) Conforming Amendments.--Paragraphs (1)(D), (2)(C), and (5)(F) 
of section 132(f) are each amended by striking ``reimbursement'' each 
place it appears and inserting ``benefit''.
    (h) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2020.

             Subtitle E--Investment in the Green Workforce

SEC. 90441. EXTENSION OF THE ADVANCED ENERGY PROJECT CREDIT.

    (a) In General.--Section 48C is amended by redesignating subsection 
(e) as subsection (f) and by inserting after subsection (d) the 
following new subsection:
    ``(e) Additional Allocations.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this paragraph, the Secretary, after 
        consultation with the Secretary of Energy, shall establish a 
        program to designate amounts of qualifying advanced project 
        credit limitation to qualifying advanced energy projects.
            ``(2) Annual limitation.--
                    ``(A) In general.--The amount of qualifying 
                advanced project credit limitation that may be 
                designated under this subsection during any calendar 
                year shall not exceed the annual credit limitation with 
                respect to such year.
                    ``(B) Annual credit limitation.--For purposes of 
                this subsection, the term `annual credit limitation' 
                means $2,500,000,000 for each of calendar years 2021, 
                2022, 2023, 2024, and 2025, and zero thereafter.
                    ``(C) Carryover of unused limitation.--If the 
                annual credit limitation for any calendar year exceeds 
                the aggregate amount designated for such year under 
                this subsection, such limitation for the succeeding 
                calendar year shall be increased by the amount of such 
                excess. No amount may be carried under the preceding 
                sentence to any calendar year after 2025.
            ``(3) Placed in service deadline.--No credit shall be 
        determined under subsection (a) with respect to any property 
        which is placed in service after the date that is 4 years after 
        the date of the designation under this subsection relating to 
        such property.
            ``(4) Selection criteria.--Selection criteria similar to 
        those in subsection (d)(3) shall apply, except that in 
        determining designations under this subsection, the Secretary, 
        after consultation with the Secretary of Energy, shall--
                    ``(A) require that applicants provide written 
                assurances to the Secretary that all laborers and 
                mechanics employed by contractors and subcontractors in 
                the performance of construction, alteration or repair 
                work on a qualifying advanced energy project shall be 
                paid wages at rates not less than those prevailing on 
                projects of a similar character in the locality as 
                determined by the Secretary of Labor in accordance with 
                subchapter IV of chapter 31 of title 40, United States 
                Code, and
                    ``(B) give the highest priority to projects which--
                            ``(i) manufacture (other than primarily 
                        assembly of components) property described in a 
                        subclause of subsection (c)(1)(A)(i) (or 
                        components thereof), and
                            ``(ii) have the greatest potential for 
                        commercial deployment of new applications.
            ``(5) Disclosure of designations.--Rules similar to the 
        rules of subsection (d)(5) shall apply for purposes of this 
        subsection.''.
    (b) Clarification With Respect to Electrochromatic Glass.--Section 
48C(c)(1)((A)(i)(V) is amended--
            (1) by striking ``and smart grid'' and inserting ``, smart 
        grid'', and
            (2) by inserting ``, and electrochromatic glass'' before 
        the comma at the end.
    (c) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.
    (d) Progress Report.--During the 30-day period ending on December 
31, 2025, the Secretary of the Treasury (or the Secretary's delegate), 
after consultation with the Secretary of Labor, shall submit a report 
to Congress on the domestic job creation, wages associated with such 
jobs, and the amount of such wages paid as described in section 
48C(e)(4)(B) of the Internal Revenue Code of 1986, attributable to the 
amendment made by this section.

SEC. 90442. LABOR COSTS OF INSTALLING MECHANICAL INSULATION PROPERTY.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1, 
as amended by the preceding provisions of this Act, is further amended 
by adding at the end the following new section:

``SEC. 45V. LABOR COSTS OF INSTALLING MECHANICAL INSULATION PROPERTY.

    ``(a) In General.--For purposes of section 38, the mechanical 
insulation labor costs credit determined under this section for any 
taxable year is an amount equal to 10 percent of the mechanical 
insulation labor costs paid or incurred by the taxpayer during such 
taxable year.
    ``(b) Mechanical Insulation Labor Costs.--For purposes of this 
section--
            ``(1) In general.--The term `mechanical insulation labor 
        costs' means the labor cost of installing mechanical insulation 
        property with respect to a mechanical system referred to in 
        paragraph (2)(A) which was originally placed in service not 
        less than 1 year before the date on which such mechanical 
        insulation property is installed.
            ``(2) Mechanical insulation property.--The term `mechanical 
        insulation property' means insulation materials, and facings 
        and accessory products installed in connection to such 
        insulation materials--
                    ``(A) placed in service in connection with a 
                mechanical system which--
                            ``(i) is located in the United States, and
                            ``(ii) is of a character subject to an 
                        allowance for depreciation, and
                    ``(B) which result in a reduction in energy loss 
                from the mechanical system which is greater than the 
                expected reduction from the installation of insulation 
                materials which meet the minimum requirements of 
                Reference Standard 90.1 (as defined in section 
                179D(c)(2)).
    ``(c) Termination.--This section shall not apply to mechanical 
insulation labor costs paid or incurred after December 31, 2025.''.
    (b) Credit Allowed as Part of General Business Credit.--Section 
38(b), as amended by the preceding provisions of this Act, is further 
amended by striking ``plus'' at the end of paragraph (33), by striking 
the period at the end of paragraph (34) and inserting ``, plus'', and 
by adding at the end the following new paragraph:
            ``(35) the mechanical insulation labor costs credit 
        determined under section 45V(a).''.
    (c) Conforming Amendments.--
            (1) Section 280C is amended by adding at the end the 
        following new subsection:
    ``(i) Mechanical Insulation Labor Costs Credit.--
            ``(1) In general.--No deduction shall be allowed for that 
        portion of the mechanical insulation labor costs (as defined in 
        section 45V(b)) otherwise allowable as deduction for the 
        taxable year which is equal to the amount of the credit 
        determined for such taxable year under section 45V(a).
            ``(2) Similar rule where taxpayer capitalizes rather than 
        deducts expenses.--If--
                    ``(A) the amount of the credit determined for the 
                taxable year under section 45V(a), exceeds
                    ``(B) the amount of allowable as a deduction for 
                such taxable year for mechanical insulation labor costs 
                (determined without regard to paragraph (1)),
        the amount chargeable to capital account for the taxable year 
        for such costs shall be reduced by the amount of such 
        excess.''.
            (2) The table of sections for subpart D of part IV of 
        subchapter A of chapter 1, as amended by the preceding 
        provisions of this Act, is further amended by adding at the end 
        the following new item:

``Sec. 45V. Labor costs of installing mechanical insulation 
                            property.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after December 31, 2020, in taxable 
years ending after such date.

SEC. 90443. LABOR STANDARDS FOR CERTAIN ENERGY JOBS.

    (a) Department of Labor Certification of Qualified Entities.--
            (1) Definitions.--In this subsection--
                    (A) Applicable construction project.--The term 
                ``applicable construction project'' means, with respect 
                to any entity--
                            (i) the installation of any qualified 
                        alternative fuel vehicle refueling property (as 
                        defined in section 30C(c) of the Internal 
                        Revenue Code of 1986),
                            (ii) the installation of any qualified 
                        energy property described in section 48D(a)(1) 
                        of such Code,
                            (iii) the installation of any qualified 
                        property referred to in paragraph (2) of 
                        section 48D(a) of such Code as part of any 
                        qualified investment credit facility described 
                        in such paragraph, and
                            (iv) the installation of any energy 
                        efficient commercial building property (as 
                        defined in section 179D(c)(1) of such Code).
                    (B) Covered project labor agreement.--The term 
                ``covered project labor agreement'' means a project 
                labor agreement that--
                            (i) binds all contractors and 
                        subcontractors on the construction project 
                        through the inclusion of appropriate 
                        specifications in all relevant solicitation 
                        provisions and contract documents,
                            (ii) allows all contractors and 
                        subcontractors to compete for contracts and 
                        subcontracts without regard to whether they are 
                        otherwise a party to a collective bargaining 
                        agreement,
                            (iii) contains guarantees against strikes, 
                        lockouts, and other similar job disruptions,
                            (iv) sets forth effective, prompt, and 
                        mutually binding procedures for resolving labor 
                        disputes arising during the covered project 
                        labor agreement, and
                            (v) provides other mechanisms for labor-
                        management cooperation on matters of mutual 
                        interest and concern, including productivity, 
                        quality of work, safety, and health.
                    (C) Project labor agreement.--The term ``project 
                labor agreement'' means a pre-hire collective 
                bargaining agreement with one or more labor 
                organizations that establishes the terms and conditions 
                of employment for a specific construction project and 
                is described in section 8(f) of the National Labor 
                Relations Act (29 U.S.C. 158(f)).
                    (D) Installation includes on-site construction.--
                Any reference in this subsection to the installation of 
                any property shall include the construction of such 
                property if such construction is performed on the site 
                where such property is installed.
                    (E) Qualified entity.--The term ``qualified 
                entity'' means an entity that the Secretary of Labor 
                certifies as a qualified entity in accordance with 
                paragraph (2).
                    (F) Registered apprenticeship program.--The term 
                ``registered apprenticeship program'' means an 
                apprenticeship program registered under the Act of 
                August 16, 1937 (commonly known as the ``National 
                Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 
                U.S.C. 50 et seq.), including any requirement, 
                standard, or rule promulgated under such Act, as such 
                requirement, standard, or rule was in effect on 
                December 30, 2019.
            (2) Certification of qualified entities.--
                    (A) In general.--The Secretary of Labor shall 
                establish a process for certifying entities that submit 
                an application under subparagraph (B) as qualified 
                entities with respect to applicable construction 
                projects for purposes of the amendments made by 
                subsections (b), (c), and (d).
                    (B) Application process.--
                            (i) In general.--An entity seeking 
                        certification as a qualified entity under this 
                        paragraph shall submit an application to the 
                        Secretary of Labor at such time, in such 
                        manner, and containing such information as the 
                        Secretary may reasonably require, including 
                        information to demonstrate compliance with the 
                        requirements under subparagraph (C).
                            (ii) Requests for additional information.--
                        Not later than 1 year after receiving an 
                        application from an entity under clause (i)--
                                    (I) the Secretary of Labor may 
                                request additional information from the 
                                entity in order to determine whether 
                                the entity is in compliance with the 
                                requirements under subparagraph (C), 
                                and
                                    (II) the entity shall provide such 
                                additional information.
                            (iii) Determination deadline.--The 
                        Secretary of Labor shall make a determination 
                        on whether to certify an entity under this 
                        subsection not later than--
                                    (I) in a case in which the 
                                Secretary requests additional 
                                information described in paragraph 
                                (2)(B)(ii), 1 year after the Secretary 
                                receives such additional information 
                                from the entity, or
                                    (II) in a case that is not 
                                described in subclause (I), 1 year 
                                after the date on which the entity 
                                submits the application under clause 
                                (i).
                            (iv) Precertification remedies.--The 
                        Secretary shall consider any corrective actions 
                        taken by an entity seeking certification under 
                        this paragraph to remedy an administrative 
                        merits determination, arbitral award or 
                        decision, or civil judgment identified under 
                        subparagraph (C)(iii) and shall impose as a 
                        condition of certification any additional 
                        remedies necessary to avoid further or repeated 
                        violations.
                    (C) Labor standards requirements.--The Secretary of 
                Labor shall require an entity, as a condition of 
                certification under this subsection, to satisfy each of 
                the following requirements:
                            (i) The entity shall ensure that all 
                        laborers and mechanics employed by contractors 
                        and subcontractors in the performance of any 
                        applicable construction project shall be paid 
                        wages at rates not less than those prevailing 
                        on projects of a similar character in the 
                        locality as determined by the Secretary of 
                        Labor in accordance with subchapter IV of 
                        chapter 31 of title 40, United States Code 
                        (commonly known as the ``Davis-Bacon Act'').
                            (ii) In the case of any applicable 
                        construction project the cost of which exceeds 
                        $25,000,000, the entity shall be a party to, or 
                        require contractors and subcontractors in the 
                        performance of such applicable construction 
                        project to consent to, a covered project labor 
                        agreement.
                            (iii) The entity, and all contractors and 
                        subcontractors in performance of any applicable 
                        construction project, shall represent in the 
                        application submitted under subparagraph (B) 
                        (and periodically thereafter during the 
                        performance of the applicable construction 
                        project as the Secretary of Labor may require) 
                        whether there has been any administrative 
                        merits determination, arbitral award or 
                        decision, or civil judgment, as defined in 
                        guidance issued by the Secretary of Labor, 
                        rendered against the entity in the preceding 3 
                        years (or, in the case of disclosures after the 
                        initial disclosure, during such period as the 
                        Secretary of Labor may provide) for violations 
                        of--
                                    (I) the Fair Labor Standards Act of 
                                1938 (29 U.S.C. 201 et seq.),
                                    (II) the Occupational Safety and 
                                Health Act of 1970 (29 U.S.C. 651 et 
                                seq.),
                                    (III) the Migrant and Seasonal 
                                Agricultural Worker Protection Act (29 
                                U.S.C. 1801 et seq.),
                                    (IV) the National Labor Relations 
                                Act (29 U.S.C. 151 et seq.),
                                    (V) subchapter IV of chapter 31 of 
                                title 40, United States Code (commonly 
                                known as the ``Davis-Bacon Act''),
                                    (VI) chapter 67 of title 41, United 
                                States Code (commonly known as the 
                                ``Service Contract Act''),
                                    (VII) Executive Order No. 11246 (42 
                                U.S.C. 2000e note; relating to equal 
                                employment opportunity),
                                    (VIII) section 503 of the 
                                Rehabilitation Act of 1973 (29 U.S.C. 
                                793),
                                    (IX) section 4212 of title 38, 
                                United States Code,
                                    (X) the Family and Medical Leave 
                                Act of 1993 (29 U.S.C. 2601 et seq.),
                                    (XI) title VII of the Civil Rights 
                                Act of 1964 (42 U.S.C. 2000e et seq.),
                                    (XII) the Americans with 
                                Disabilities Act of 1990 (42 U.S.C. 
                                12101 et seq.),
                                    (XIII) the Age Discrimination in 
                                Employment Act of 1967 (29 U.S.C. 621 
                                et seq.),
                                    (XIV) Federal Government standards 
                                establishing a minimum wage for 
                                contractors, or
                                    (XV) equivalent State laws, as 
                                defined in guidance issued by the 
                                Secretary of Labor.
                            (iv) The entity, and all contractors and 
                        subcontractors in the performance of any 
                        applicable construction project, shall not 
                        require mandatory arbitration for any dispute 
                        involving a worker engaged in a service for the 
                        entity unless such worker is covered by a 
                        collective bargaining agreement that provides 
                        otherwise.
                            (v) The entity, and all contractors and 
                        subcontractors in the performance of any 
                        applicable construction project, shall consider 
                        an individual performing any service in such 
                        performance as an employee (and not an 
                        independent contractor) of the entity, 
                        contractor, or subcontractor, respectively, 
                        unless--
                                    (I) the individual is free from 
                                control and direction in connection 
                                with the performance of the service, 
                                both under the contract for the 
                                performance of the service and in fact,
                                    (II) the service is performed 
                                outside the usual course of the 
                                business of the entity, contractor, or 
                                subcontractor, respectively, and
                                    (III) the individual is customarily 
                                engaged in an independently established 
                                trade, occupation, profession, or 
                                business of the same nature as that 
                                involved in such service.
                            (vi) The entity shall prohibit all 
                        contractors and subcontractors in the 
                        performance of any applicable construction 
                        project from hiring employees through a 
                        temporary staffing agency unless the relevant 
                        State workforce agency certifies that temporary 
                        employees are necessary to address an acute, 
                        short-term labor demand.
                            (vii) The entity shall require all 
                        contractors, subcontractors, successors in 
                        interest of the entity, and other entities that 
                        may acquire the entity, in the performance or 
                        acquisition of any applicable construction 
                        project, to have an explicit neutrality policy 
                        on any issue involving the organization of 
                        employees of the entity, and all contractors 
                        and subcontractors in the performance of any 
                        applicable construction project, for purposes 
                        of collective bargaining.
                            (viii) The entity shall require all 
                        contractors and subcontractors to participate 
                        in a registered apprenticeship program for each 
                        skilled craft employed on any applicable 
                        construction project.
                            (ix) The entity, and all contractors and 
                        subcontractors in the performance of any 
                        applicable construction project, shall not 
                        request or otherwise consider the criminal 
                        history of an applicant for employment before 
                        extending a conditional offer to the applicant, 
                        unless--
                                    (I) a background check is otherwise 
                                required by law,
                                    (II) the position is for a Federal 
                                law enforcement officer (as defined in 
                                section 115(c)(1) of title 18, United 
                                States Code) position, or
                                    (III) the Secretary of Labor, after 
                                consultation with the Secretary of 
                                Energy, certifies that precluding 
                                criminal history prior to the 
                                conditional offer would pose a threat 
                                to national security.
                    (D) Davis-bacon act.--The Secretary of Labor shall 
                have, with respect to the labor standards described in 
                subparagraph (C)(i), the authority and functions set 
                forth in Reorganization Plan Numbered 14 of 1950 (64 
                Stat. 1267; 5 U.S.C. App.) and section 3145 of title 
                40, United States Code.
                    (E) Period of validity for certifications.--A 
                certification made under this subsection shall be in 
                effect for a period of 5 years. An entity may reapply 
                to the Secretary of Labor for an additional 
                certification under this subsection in accordance with 
                the application process under paragraph (2)(B).
                    (F) Revocation of qualified entity status.--The 
                Secretary of Labor may revoke the certification of an 
                entity under this subsection as a qualified entity at 
                any time in which the Secretary reasonably determines 
                the entity is no longer in compliance with paragraph 
                (2)(C).
                    (G) Certification may cover more than one 
                substantially similar project.--The Secretary of Labor 
                may make certifications under this paragraph which 
                apply with respect to more than one project if the 
                projects to which such certification apply are 
                substantially similar projects which meet the 
                requirements of this subsection. Such projects shall be 
                treated as a specific construction project for purposes 
                of paragraph (1)(C).
            (3) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $10,000,000 for 
        fiscal year 2020 and each fiscal year thereafter.
    (b) Jobs in Energy Credit.--
            (1) In general.--Subpart E of part IV of subchapter A of 
        chapter 1 of the Internal Revenue Code of 1986 is amended by 
        inserting after section 48C the following new section:

``SEC. 48D. JOBS IN ENERGY CREDIT.

    ``(a) Investment Credit for Qualified Property.--For purposes of 
section 46, the jobs in energy credit for any taxable year is an amount 
equal to 10 percent of the basis of any qualified energy property 
placed in service by the taxpayer during such taxable year if the 
installation of such property is performed by a qualified entity with 
respect to such property.
    ``(b) Qualified Energy Property.--For purposes of this section, the 
term `qualified energy property' means--
            ``(1) energy property (as defined in section 48(a)(3)), or
            ``(2) qualified property which is part of a qualified 
        investment credit facility (as defined in section 48(a)(5) 
        without regard to clause (a)(5)(C)(iii)) which is originally 
        placed in service after December 31, 2020.
    ``(c) Qualified Entity.--For purposes of this section--
            ``(1) In general.--The term `qualified entity' means, with 
        respect to the installation of any qualified energy property, 
        an entity which is certified by the Secretary of Labor as being 
        in compliance with all of the applicable requirements under 
        section 90443(a) of the GREEN Act of 2020 with respect to such 
        installation at all times during the period beginning on the 
        date on which the installation of such property begins and 
        ending on the date on which such property is placed in service.
            ``(2) Certification of facility required.--In the case of 
        any qualified property referred to in subsection (b)(2), an 
        entity shall be treated as a qualified entity with respect to 
        the installation of such property only if the Secretary of 
        Labor has certified that the construction of the qualified 
        investment credit facility of which such qualified property is 
        a part as being in compliance with all of the applicable 
        requirements under section 90443(a) of the GREEN Act of 2020 
        for the period referred to in paragraph (1).
    ``(d) Special Rules.--
            ``(1) Certain progress expenditure rules made applicable.--
        Rules similar to the rules of subsections (c)(4) and (d) of 
        section 46 (as in effect on the day before the date of the 
        enactment of the Revenue Reconciliation Act of 1990) shall 
        apply for purposes of subsection (a).
            ``(2) Special rule for property financed by subsidized 
        energy financing or industrial development bonds.--For purposes 
        of subsection (a), rules similar to the rules of section 
        48(a)(4) shall apply for purposes of determining the basis of 
        any qualified energy property.
            ``(3) Installation includes on-site construction.--Any 
        reference in this section to the installation of any property 
        shall include the construction of such property if such 
        construction is performed on the site where such property is 
        installed.
            ``(4) Recapture.--If the Secretary of Labor revokes the 
        certification of a qualified entity with respect to the 
        installation of any property, the tax imposed under this 
        chapter on the taxpayer to whom the credit determined under 
        this section is allowed shall be increased for the taxable year 
        which includes the date of such revocation by an amount equal 
        to the aggregate decrease in the credits allowed under section 
        38 for all prior taxable years which would have resulted solely 
        from reducing to zero any credit determined under this section 
        with respect to such property.
            ``(5) Election not to have section apply.--This section 
        shall not apply with respect to any taxpayer for any taxable 
        year if such taxpayer elects (at such time and in such manner 
        as the Secretary may prescribe) not to have this section 
        apply.''.
            (2) Conforming amendments.--
                    (A) Section 46 of such Code is amended by striking 
                ``and'' at the end of paragraph (5), by striking the 
                period at the end of paragraph (6) and inserting ``, 
                and'', and by adding at the end the following new 
                paragraph:
            ``(7) the jobs in energy credit.''.
                    (B) Section 49(a)(1)(C) of such Code is amended by 
                striking ``and'' at the end of clause (iv), by striking 
                the period at the end of clause (v) and inserting a 
                comma, and by adding at the end the following new 
                clause:
                            ``(vi) the basis of any qualified energy 
                        property under section 48D.''.
                    (C) Section 50(a)(2)(E) of such Code is amended by 
                striking `` or 48C(b)(2)'' and inserting ``48C(b)(2), 
                or 48D(d)(1)''.
                    (D) The table of sections for subpart E of part IV 
                of subchapter A of chapter 1 of such Code is amended by 
                inserting after the item relating to section 48C the 
                following new item:

``Sec. 48D. Jobs in energy credit.''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to periods after December 31, 2020, under rules 
        similar to the rules of section 48(m) of the Internal Revenue 
        Code of 1986 (as in effect on the day before the date of the 
        enactment of the Revenue Reconciliation Act of 1990).
    (c) Increase in Energy Efficient Commercial Building Deduction for 
Installation by Qualified Entities.--
            (1) In general.--Section 179D(d) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following:
            ``(7) Adjustment for qualified entities.--In the case of 
        any energy efficient commercial building property which was 
        installed (within the meaning of section 48D(d)(3)) by an 
        entity which is certified by the Secretary of Labor as being in 
        compliance with all of the applicable requirements under 
        section 90443(a) of the GREEN Act of 2020 with respect to such 
        installation, subsection (b)(1)(A) shall be applied by 
        substituting `$3.20' for `$3'.''.
            (2) Conforming amendment.--Section 179D(d)(1)(A) of such 
        Code is amended by inserting ``(or, in the case of property to 
        which paragraph (7) applies, by substituting `$1.07' for 
        `$3.20' in such paragraph)'' before the period at the end.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to property placed in service after December 31, 
        2020.
    (d) Increase in Alternative Fuel Vehicle Refueling Property Credit 
for Installation by Qualified Entities.--
            (1) In general.--Section 30C(a), as amended by the 
        preceding provisions of this Act, is amended by striking 
        ``plus'' at the end of paragraph (1), by striking the period at 
        the end of paragraph (2) and inserting ``, plus'', and by 
        adding at the end the following new paragraph:
            ``(3) in the case of any qualified alternative fuel vehicle 
        refueling property which was installed (within the meaning of 
        section 48D(d)(3)) by an entity which is certified by the 
        Secretary of Labor as being in compliance with all of the 
        applicable requirements under section 90443(a) of the GREEN Act 
        of 2020 with respect to such installation, 10 percent of the 
        amount of costs taken into account under paragraph (1) with 
        respect to such property.''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply to property placed in service after December 31, 
        2020.

                   Subtitle F--Environmental Justice

SEC. 90451. QUALIFIED ENVIRONMENTAL JUSTICE PROGRAM CREDIT.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
is amended by adding at the end the following new section:

``SEC. 36C. QUALIFIED ENVIRONMENTAL JUSTICE PROGRAMS.

    ``(a) Allowance of Credit.--In the case of an eligible educational 
institution, there shall be allowed as a credit against the tax imposed 
by this subtitle for any taxable year an amount equal to the applicable 
percentage of the amounts paid or incurred by such taxpayer during such 
taxable year which are necessary for a qualified environmental justice 
program.
    ``(b) Qualified Environmental Justice Program.--For purposes of 
this section--
            ``(1) In general.--The term `qualified environmental 
        justice program' means a program conducted by one or more 
        eligible educational institutions that is designed to address, 
        or improve data about, qualified environmental stressors for 
        the primary purpose of improving, or facilitating the 
        improvement of, health and economic outcomes of individuals 
        residing in low-income areas or areas populated 
        disproportionately by racial or ethnic minorities.
            ``(2) Qualified environmental stressor.--The term 
        `qualified environmental stressor' means, with respect to an 
        area, a contamination of the air, water, soil, or food with 
        respect to such area or a change relative to historical norms 
        of the weather conditions of such area.
    ``(c) Eligible Educational Institution.--For purposes of this 
section, the term `eligible educational institution' means an 
institution of higher education (as such term is defined in section 101 
or 102(c) of the Higher Education Act of 1965) that is eligible to 
participate in a program under title IV of such Act.
    ``(d) Applicable Percentage.--For purposes of this section, the 
term `applicable percentage' means--
            ``(1) in the case of a program involving material 
        participation of faculty and students of an institution 
        described in section 371(a) of the Higher Education Act of 
        1965, 30 percent, and
            ``(2) in all other cases, 20 percent.
    ``(e) Credit Allocation.--
            ``(1) Allocation.--
                    ``(A) In general.--The Secretary shall allocate 
                credit dollar amounts under this section to eligible 
                educational institutions, for qualified environmental 
                justice programs, that--
                            ``(i) submit applications at such time and 
                        in such manner as the Secretary may provide, 
                        and
                            ``(ii) are selected by the Secretary under 
                        subparagraph (B).
                    ``(B) Selection criteria.--The Secretary, after 
                consultation with the Secretary of Energy, the 
                Secretary of Education, the Secretary of Health and 
                Human Services, and the Administrator of the 
                Environmental Protection Agency, shall select 
                applications on the basis of the following criteria:
                            ``(i) The extent of participation of 
                        faculty and students of an institution 
                        described in section 371(a) of the Higher 
                        Education Act of 1965.
                            ``(ii) The extent of the expected effect on 
                        the health or economic outcomes of individuals 
                        residing in areas within the United States that 
                        are low-income areas or areas populated 
                        disproportionately by racial or ethnic 
                        minorities.
                            ``(iii) The creation or significant 
                        expansion of qualified environmental justice 
                        programs.
            ``(2) Limitations.--
                    ``(A) In general.--The amount of the credit 
                determined under this section for any taxable year to 
                any eligible educational institution for any qualified 
                environmental justice program shall not exceed the 
                excess of--
                            ``(i) the credit dollar amount allocated to 
                        such institution for such program under this 
                        subsection, over
                            ``(ii) the credits previously claimed by 
                        such institution for such program under this 
                        section.
                    ``(B) Five-year limitation.--No amounts paid or 
                incurred after the 5-year period beginning on the date 
                a credit dollar amount is allocated to an eligible 
                educational institution for a qualified environmental 
                justice program shall be taken into account under 
                subsection (a) with respect to such institution for 
                such program.
                    ``(C) Allocation limitation.--The total amount of 
                credits that may be allocated under the program shall 
                not exceed--
                            ``(i) $1,000,000,000 for each of 2021, 
                        2022, 2023, 2024, and 2025, and
                            ``(ii) $0 for each subsequent year.
    ``(f) Requirements.--
            ``(1) In general.--An eligible educational institution that 
        has been allocated credit dollar amounts under this section for 
        a qualified environmental justice project for a taxable year 
        shall--
                    ``(A) make publicly available the application 
                submitted to the Secretary under subsection (e) with 
                respect to such project, and
                    ``(B) submit an annual report to the Secretary that 
                describes the amounts paid or incurred for, and 
                expected impact of, such project.
            ``(2) Failure to comply.--In the case of an eligible 
        educations institution that has failed to comply with the 
        requirements of this subsection, the credit dollar amount 
        allocated to such institution under this section is deemed to 
        be $0.
    ``(g) Public Disclosure.--The Secretary, upon making an allocation 
of credit dollar amounts under this section, shall publicly disclose--
            ``(1) the identity of the eligible educational institution 
        receiving the allocation, and
            ``(2) the amount of such allocation.''.
    (b) Conforming Amendments.--
            (1) Section 6211(b)(4)(A) is amended by inserting ``36C,'' 
        after ``36B,''.
            (2) Paragraph (2) of section 1324(b) of title 31, United 
        States Code, is amended by inserting ``36C,'' after ``36B,''.
    (c) Clerical Amendment.--The table of sections for subpart C of 
part IV of subchapter A of chapter 1 is amended by inserting after the 
item relating to section 36B the following new item:

``Sec. 36C. Qualified environmental justice programs.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

 Subtitle G--Treasury Report on Data From the Greenhouse Gas Reporting 
                                Program

SEC. 90461. REPORT ON GREENHOUSE GAS REPORTING PROGRAM.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of the Treasury (or the 
Secretary's delegate) shall submit a report to Congress on the utility 
of the data from the Greenhouse Gas Reporting Program for determining 
the amount of greenhouse gases emitted by each taxpayer for the purpose 
of imposing a fee on such taxpayers with respect to such emissions. 
Such report shall include a detailed description and analysis of any 
administrative or other challenges associated with using such data for 
such purpose.
    (b) Greenhouse Gas Reporting Program.--For purposes of this 
section, the term ``Greenhouse Gas Reporting Program'' means the 
reporting program established by the Administrator of the Environmental 
Protection Agency under title II of division F of the Consolidated 
Appropriations Act, 2008.

                    TITLE V--DISASTER AND RESILIENCY

SEC. 90501. EXCLUSION OF AMOUNTS RECEIVED FROM STATE-BASED CATASTROPHE 
              LOSS MITIGATION PROGRAMS.

    (a) In General.--Section 139 of the Internal Revenue Code of 1986 
is amended by redesignating subsection (h) as subsection (i) and by 
inserting after subsection (g) the following new subsection:
    ``(h) State-Based Catastrophe Loss Mitigation Programs.--
            ``(1) In general.--Gross income shall not include any 
        amount received by an individual as a qualified catastrophe 
        mitigation payment under a program established by a State, or a 
        political subdivision or instrumentality thereof, for the 
        purpose of making such payments.
            ``(2) Qualified catastrophe mitigation payment.--For 
        purposes of this section, the term `qualified catastrophe 
        mitigation payment' means any amount which is received by an 
        individual to make improvements to such individual's residence 
        for the sole purpose of reducing the damage that would be done 
        to such residence by a windstorm, earthquake, or wildfire.
            ``(3) No increase in basis.--Rules similar to the rules of 
        subsection (g)(3) shall apply in the case of this 
        subsection.''.
    (b) Conforming Amendments.--
            (1) Section 139(d) is amended by striking ``and qualified'' 
        and inserting ``, qualified catastrophe mitigation payments, 
        and qualified''.
            (2) Section 139(i) (as redesignated by subsection (a)) is 
        amended by striking ``or qualified'' and inserting ``, 
        qualified catastrophe mitigation payment, or qualified''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2019.

SEC. 90502. REPEAL OF TEMPORARY LIMITATION ON PERSONAL CASUALTY LOSSES.

    (a) In General.--Section 165(h) is amended by striking paragraph 
(5).
    (b) Effective Date.--The amendment made by this section shall apply 
to losses incurred in taxable years beginning after December 31, 2017.
    (c) Regulations.--The Secretary of the Treasury, or the Secretary's 
designee, shall issue regulations or other guidance consistent with 
Revenue Procedure 2017-60 to implement the amendment made by this 
section.

                           TITLE VI--HOUSING

         Subtitle A--Low-Income Housing Tax Credit Improvements

SEC. 90601. EXTENSION OF PERIOD FOR REHABILITATION EXPENDITURES.

    (a) In General.--Clause (ii) of section 42(e)(3)(A) is amended by 
inserting ``(any 36-month period, in the case of buildings receiving an 
allocation of housing credit dollar amount before January 1, 2022)'' 
after ``24-month period''.
    (b) Conforming Amendment.--Subparagraph (A) of section 42(e)(4) is 
amended by inserting ``(or 36-month period, if applicable)'' after 
``24-month period''.
    (c) Effective Date.--The amendments made by this section shall 
apply to buildings receiving an allocation of housing credit dollar 
amount after December 31, 2016.

SEC. 90602. EXTENSION OF BASIS EXPENDITURE DEADLINE.

    (a) In General.--Clause (i) of section 42(h)(1)(E) is amended by 
inserting ``(the third calendar year, in the case of an allocation made 
before January 1, 2022)'' after ``second calendar year''.
    (b) Qualified Building.--Clause (ii) of section 42(h)(1)(E) is 
amended--
            (1) by striking ``the date which is 1 year after the date 
        that the allocation was made'' and inserting ``the applicable 
        date'',
            (2) by inserting ``(or third, if applicable)'' after 
        ``second'' in the first sentence,
            (3) by inserting ``(or third)'' after ``second'' in the 
        second sentence,
            (4) by striking ``building.--For purposes of'' and 
        inserting ``building.--
                                    ``(I) In general.--For purposes 
                                of'', and
            (5) by adding at the end the following new subclause:
                                    ``(II) Applicable date.--For 
                                purposes of subclause (I), the 
                                applicable date is 1 year after the 
                                date that the allocation was made with 
                                respect to the building (2 years, in 
                                the case of allocations made before 
                                January 1, 2022).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to buildings receiving an allocation of housing credit dollar 
amount after December 31, 2016.

SEC. 90603. TAX-EXEMPT BOND FINANCING REQUIREMENT.

    (a) In General.--Subparagraph (B) of section 42(h)(4) is amended by 
adding at the end the following: ``In the case of buildings financed by 
an obligation issued in calendar years ending before January 1, 2022, 
the preceding sentence shall be applied by substituting `25 percent' 
for `50 percent'.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to buildings placed in service in taxable years beginning after 
December 31, 2019.

SEC. 90604. MINIMUM CREDIT RATE.

    (a) In General.--Subsection (b) of section 42 is amended--
            (1) by redesignating paragraph (3) as paragraph (4), and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) Minimum credit rate.--In the case of any new or 
        existing building to which paragraph (2) does not apply, the 
        applicable percentage shall not be less than 4 percent.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to buildings which receive allocations of housing credit dollar 
amount or, in the case of projects financed by tax-exempt bonds as 
described in section 42(h)(4) of the Internal Revenue Code of 1986, 
which are placed in service by the taxpayer after January 20, 2020.

SEC. 90605. INCREASES IN STATE ALLOCATIONS.

    (a) In General.--Clause (ii) of section 42(h)(3)(C) is amended--
            (1) by striking ``$1.75'' in subclause (I) and inserting 
        ``$4.56 ($3.58 in the case of calendar year 2021)'', and
            (2) by striking ``$2,000,000'' in subclause (II) and 
        inserting ``$5,214,051 ($4,097,486 in the case of calendar year 
        2021)''.
    (b) Cost-of-Living Adjustment.--Subparagraph (H) of section 
42(h)(3) is amended--
            (1) by striking ``2002'' in clause (i) and inserting 
        ``2020'',
            (2) by striking ``the $2,000,000 and $1.75 amounts in 
        subparagraph (C)'' in clause (i) and inserting ``the dollar 
        amounts applicable to such calendar year under subclauses (I) 
        and (II) of subparagraph (C)(ii)'',
            (3) by striking ``2001'' in clause (i)(II) and inserting 
        ``2019'',
            (4) by striking ``$2,000,000 amount'' in clause (ii)(I) and 
        inserting ``amount under subparagraph (C)(ii)(II)'', and
            (5) by striking ``$1.75 amount'' in clause (ii)(II) and 
        inserting ``amount under subparagraph (C)(ii)(I)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to calendar years beginning after December 31, 2020.

SEC. 90606. INCREASE IN CREDIT FOR CERTAIN PROJECTS DESIGNATED TO SERVE 
              EXTREMELY LOW-INCOME HOUSEHOLDS.

    (a) In General.--Paragraph (5) of section 42(d) is amended by 
adding at the end the following new subparagraph:
                    ``(C) Increase in credit for projects designated to 
                serve extremely low-income households.--In the case of 
                any building--
                            ``(i) 20 percent or more of the residential 
                        units in which are rent-restricted (determined 
                        as if the imputed income limitation applicable 
                        to such units were 30 percent of area median 
                        gross income) and are designated by the 
                        taxpayer for occupancy by households the 
                        aggregate household income of which does not 
                        exceed the greater of--
                                    ``(I) 30 percent of area median 
                                gross income, or
                                    ``(II) 100 percent of an amount 
                                equal to the Federal poverty line 
                                (within the meaning of section 
                                36B(d)(3)), and
                            ``(ii) which is designated by the housing 
                        credit agency as requiring the increase in 
                        credit under this subparagraph in order for 
                        such building to be financially feasible as 
                        part of a qualified low-income housing project,
                subparagraph (B) shall not apply to the portion of such 
                building which is comprised of such units, and the 
                eligible basis of such portion of the building shall be 
                150 percent of such basis determined without regard to 
                this subparagraph.''.
    (b) Reserved State Allocation.--Subparagraph (C) of section 
42(h)(3) is amended--
            (1) by striking ``plus'' at the end of clause (iii),
            (2) by striking the period at the end of clause (iv) and 
        inserting ``, plus'',
            (3) by inserting after clause (iv) the following new 
        clause:
                            ``(v) an amount equal to 10 percent of the 
                        sum of the amounts determined under clauses 
                        (i), (ii), (iii), and (iv) (if any).'', and
            (4) by adding at the end the following: ``Any amount 
        allocated pursuant to clause (v) shall be accounted for 
        separately and shall be allocated only to buildings to which 
        subsection (d)(5)(C) applies.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to buildings which receive allocations of housing credit dollar 
amount or, in the case of projects financed by tax-exempt bonds as 
described in section 42(h)(4) of the Internal Revenue Code of 1986, 
which receive a determination of housing credit dollar amount, after 
the date of the enactment of this Act.

SEC. 90607. INCLUSION OF INDIAN AREAS AS DIFFICULT DEVELOPMENT AREAS 
              FOR PURPOSES OF CERTAIN BUILDINGS.

    (a) In General.--Subclause (I) of section 42(d)(5)(B)(iii) is 
amended by inserting before the period the following: ``, and any 
Indian area''.
    (b) Indian Area.--Clause (iii) of section 42(d)(5)(B) is amended by 
redesignating subclause (II) as subclause (IV) and by inserting after 
subclause (I) the following new subclauses:
                                    ``(II) Indian area.--For purposes 
                                of subclause (I), the term `Indian 
                                area' means any Indian area (as defined 
                                in section 4(11) of the Native American 
                                Housing Assistance and Self 
                                Determination Act of 1996 (25 U.S.C. 
                                4103(11))).
                                    ``(III) Special rule for buildings 
                                in indian areas.--In the case of an 
                                area which is a difficult development 
                                area solely because it is an Indian 
                                area, a building shall not be treated 
                                as located in such area unless such 
                                building is assisted or financed under 
                                the Native American Housing Assistance 
                                and Self Determination Act of 1996 (25 
                                U.S.C. 4101 et seq.) or the project 
                                sponsor is an Indian tribe (as defined 
                                in section 45A(c)(6)), a tribally 
                                designated housing entity (as defined 
                                in section 4(22) of such Act (25 U.S.C. 
                                4103(22))), or wholly owned or 
                                controlled by such an Indian tribe or 
                                tribally designated housing entity.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to buildings placed in service after December 31, 2019.

SEC. 90608. INCLUSION OF RURAL AREAS AS DIFFICULT DEVELOPMENT AREAS.

    (a) In General.--Subclause (I) of section 42(d)(5)(B)(iii), as 
amended by the preceding sections of this Act, is amended by inserting 
``, any rural area'' after ``median gross income''.
    (b) Rural Area.--Clause (iii) of section 42(d)(5)(B), as amended by 
the preceding sections of this Act, is further amended by redesignating 
subclause (IV) as subclause (V) and by inserting after subclause (III) 
the following new subclause:
                                    ``(IV) Rural area.--For purposes of 
                                subclause (I), the term `rural area' 
                                means any non-metropolitan area, or any 
                                rural area as defined by section 520 of 
                                the Housing Act of 1949, which is 
                                identified by the qualified allocation 
                                plan under subsection (m)(1)(B).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to buildings placed in service after December 31, 2019.

SEC. 90609. INCREASE IN CREDIT FOR BOND-FINANCED PROJECTS DESIGNATED BY 
              HOUSING CREDIT AGENCY.

    (a) In General.--Clause (v) of section 42(d)(5)(B) is amended by 
striking the second sentence.
    (b) Technical Amendment.--Clause (v) of section 42(d)(5)(B), as 
amended by subsection (a), is further amended--
            (1) by striking ``State'' in the heading, and
            (2) by striking ``State housing credit agency'' and 
        inserting ``housing credit agency''.
    (c) Effective Date.--The amendments made by this section shall 
apply to buildings which receive a determination of housing credit 
dollar amount after the date of the enactment of this Act.

SEC. 90610. REPEAL OF QUALIFIED CONTRACT OPTION.

    (a) Termination of Option for Certain Buildings.--
            (1) In general.--Subclause (II) of section 42(h)(6)(E)(i) 
        is amended by inserting ``in the case of a building described 
        in clause (iii),'' before ``on the last day''.
            (2) Buildings described.--Subparagraph (E) of section 
        42(h)(6) is amended by adding at the end the following new 
        clause:
                            ``(iii) Buildings described.--A building 
                        described in this clause is a building--
                                    ``(I) which received its allocation 
                                of housing credit dollar amount before 
                                January 1, 2020, or
                                    ``(II) in the case of a building 
                                any portion of which is financed as 
                                described in paragraph (4), which 
                                received before January 1, 2020, a 
                                determination from the issuer of the 
                                tax-exempt bonds or the housing credit 
                                agency that the building is eligible to 
                                receive an allocation of housing credit 
                                dollar amount under the rules of 
                                paragraphs (1) and (2) of subsection 
                                (m).''.
    (b) Rules Relating to Existing Projects.--Subparagraph (F) of 
section 42(h)(6) is amended by striking ``the nonlow-income portion'' 
and all that follows and inserting ``the nonlow-income portion and the 
low-income portion of the building for fair market value (determined by 
the housing credit agency by taking into account the rent restrictions 
required for the low-income portion of the building to continue to meet 
the standards of paragraphs (1) and (2) of subsection (g)). The 
Secretary shall prescribe such regulations as may be necessary or 
appropriate to carry out this paragraph.''.
    (c) Conforming Amendments.--
            (1) Paragraph (6) of section 42(h) is amended by striking 
        subparagraph (G) and by redesignating subparagraphs (H), (I), 
        (J), and (K) as subparagraphs (G), (H), (I), and (J), 
        respectively.
            (2) Subclause (II) of section 42(h)(6)(E)(i), as amended by 
        subsection (a), is further amended by striking ``subparagraph 
        (I)'' and inserting ``subparagraph (H)''.
    (d) Technical Amendment.--Subparagraph (I) of section 42(h)(6), as 
redesignated by subsection (c), is amended by striking ``agreement'' 
and inserting ``commitment''.
    (e) Effective Date.--The amendments made by this section shall 
apply to buildings with respect to which a written request described in 
section 42(h)(6)(H) of the Internal Revenue Code of 1986 is submitted 
after the date of the enactment of this Act.

SEC. 90611. PROHIBITION OF LOCAL APPROVAL AND CONTRIBUTION 
              REQUIREMENTS.

    (a) In General.--Paragraph (1) of section 42(m) is amended--
            (1) by striking clause (ii) of subparagraph (A) and by 
        redesignating clauses (iii) and (iv) thereof as clauses (ii) 
        and (iii), and
            (2) by adding at the end the following new subparagraph:
                    ``(E) Local approval or contribution not taken into 
                account.--The selection criteria under a qualified 
                allocation plan shall not include consideration of--
                            ``(i) any support or opposition with 
                        respect to the project from local or elected 
                        officials, or
                            ``(ii) any local government contribution to 
                        the project, except to the extent such 
                        contribution is taken into account as part of a 
                        broader consideration of the project's ability 
                        to leverage outside funding sources, and is not 
                        prioritized over any other source of outside 
                        funding.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to allocations of housing credit dollar amounts made after 
December 31, 2020.

SEC. 90612. ADJUSTMENT OF CREDIT TO PROVIDE RELIEF DURING COVID-19 
              OUTBREAK.

    (a) In General.--At the election of a taxpayer who is an owner of 
an eligible low-income building--
            (1) the credit determined under section 42 of the Internal 
        Revenue Code of 1986 for the first or second taxable year of 
        such building's credit period ending on or after July 1, 2020, 
        shall be 150 percent of the amount which would (but for this 
        subsection) be so allowable with respect to such building for 
        such taxable year, and
            (2) the aggregate credits allowable under such section with 
        respect to such building shall be reduced, on a pro rata basis 
        for each subsequent taxable year in the credit period, by the 
        increase in the credit allowed by reason of paragraph (1) with 
        respect to such first or second taxable year.
The preceding sentence shall not be construed to affect whether any 
taxable year is part of the credit, compliance, or extended use periods 
for purposes of such section 42.
    (b) Eligible Low-Income Building.--For purposes of this section, 
the term ``eligible low-income building'' means a qualified low-income 
building with respect to which--
            (1) the first year in the credit period ends on or after 
        July 1, 2020, and before July 1, 2022, and
            (2) construction or leasing delays have occurred after 
        January 31, 2020, due to the outbreak of coronavirus disease 
        2019 (COVID-19) in the United States.
    (c) Election.--
            (1) In general.--The election under subsection (a) shall be 
        made at such time and in such manner as shall be prescribed by 
        the Secretary of the Treasury (or the Secretary's delegate) 
        and, once made, shall be irrevocable by the taxpayer and any 
        successor in ownership.
            (2) Partnerships.--In the case of an eligible low-income 
        building owned by a partnership or S corporation, such election 
        shall be made at the entity level.
            (3) Certification.--An owner making such election shall 
        provide to the housing credit agency, at the same time and in 
        addition to such other information as may be required under 
        section 42(l)(1) of the Internal Revenue Code of 1986 with 
        respect to the building, a certification that the purpose of 
        making such election is to offset any reductions in capital or 
        additional costs arising by reason of the outbreak of 
        coronavirus disease 2019 (COVID-19) in the United States. Such 
        certification shall include any documentation which the housing 
        credit agency may request.
    (d) Definitions.--Any term used in this section which is also used 
in section 42 of the Internal Revenue Code of 1986 shall have the same 
meaning as when used in such section.

SEC. 90613. CREDIT FOR LOW-INCOME HOUSING SUPPORTIVE SERVICES.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1 
is amended by inserting after section 42 the following new section:

``SEC. 42A. CREDIT FOR CONTRIBUTIONS TO LOW-INCOME HOUSING SUPPORTIVE 
              SERVICES.

    ``(a) In General.--For purposes of section 38, the amount of the 
low-income housing supportive services credit determined under this 
section for the applicable taxable year is an amount equal to 25 
percent of the qualified supportive housing contribution made by the 
taxpayer.
    ``(b) Qualified Supportive Housing Contribution.--For purposes of 
this section--
            ``(1) In general.--The term `qualified supportive housing 
        contribution' means the total amount contributed in cash by the 
        taxpayer to a qualified supportive housing reserve fund with 
        respect to a qualified low-income building, determined as of 
        the date the building is placed in service.
            ``(2) Qualified supportive housing reserve fund.--The term 
        `qualified supportive housing reserve fund' means, with respect 
        to any qualified low-income building, a separate fund reserved 
        exclusively for payment for qualified supportive services 
        provided to tenants of the building pursuant to an extended 
        supportive services commitment. The owner of such building 
        shall designate an administrator to separately account for the 
        amounts in the fund in such manner as the Secretary may 
        prescribe.
            ``(3) Limitations.--
                    ``(A) In general.--No amount attributable to any 
                governmental grant, including grants provided by the 
                government of any State, possession, tribe, or 
                locality, shall be taken into account under paragraph 
                (1).
                    ``(B) Dollar limitation.--The total qualified 
                supportive housing contributions taken into account 
                under this section with respect to any qualified low-
                income building shall not exceed--
                            ``(i) $120,000, multiplied by
                            ``(ii) the number of low-income units in 
                        the building which are occupied at the close of 
                        the applicable taxable year.
    ``(c) Applicable Taxable Year.--For purposes of this section, the 
term `applicable taxable year' means the 1st taxable year in the credit 
period with respect to the qualified low-income building described in 
subsection (b)(1).
    ``(d) Qualified Supportive Services.--For purposes of this section, 
the term `qualified supportive services' means services--
            ``(1) provided by the owner of a qualified low-income 
        building (directly or through contracts with a third party 
        service provider) to tenants of the building,
            ``(2) which include health services (including mental 
        health services), coordination of tenant benefits, job 
        training, financial counseling, resident engagement services, 
        or services the principal purpose of which is to help tenants 
        retain permanent housing, or such other services as the 
        Secretary may by regulation provide,
            ``(3) which are provided at no cost to tenants, and
            ``(4) usage of or participation in which is not required 
        for tenants.
Such term includes reasonable and necessary measures for the provision 
of such services, including measures to engage tenants in and 
coordinate such services and measures required to obtain the 
certification described in subsection (e)(4).
    ``(e) Extended Supportive Services Commitment.--The term `extended 
supportive services commitment' means any agreement between the owner 
of a qualified low-income building and the housing credit agency 
which--
            ``(1) requires that amounts in a qualified supportive 
        housing reserve fund are spent exclusively on the provision of 
        qualified supportive services to tenants of such building,
            ``(2) requires that the amounts in such fund be spent 
        entirely during the extended use period, and provides for the 
        manner in which such spending will be distributed across such 
        period,
            ``(3) requires the designation of one or more individuals 
        to engage tenants regarding and coordinate delivery of 
        qualified supportive services,
            ``(4) requires the maintenance of an appropriate 
        certification, as determined by the Secretary after 
        consultation with housing credit agencies, for qualified 
        supportive services, subject to recertification at least once 
        every 5 years,
            ``(5) requires appropriate annual reporting to the housing 
        credit agency on expenditures and outcomes, as determined by 
        such agency, and
            ``(6) is binding on all successors in ownership of such 
        building.
    ``(f) Recapture of Qualified Supportive Housing Reserve Amounts.--
            ``(1) In general.--If the owner of a qualified low-income 
        building is determined to be noncompliant with the extended 
        supportive services commitment or extended low-income housing 
        commitment with respect to such building, any remaining amounts 
        in the qualified supportive housing reserve fund with respect 
        to such building shall be transferred to the housing credit 
        agency.
            ``(2) Use of repayments.--A housing credit agency shall use 
        any amount received pursuant to paragraph (1) only for purposes 
        of qualified low-income buildings.
    ``(g) Special Rules.--
            ``(1) In general.--Notwithstanding any other provision of 
        this section, no credit shall be allowed under this section for 
        any taxable year with respect to any qualified low-income 
        building unless--
                    ``(A) the building has received an allocation of 
                the low-income housing credit under section 42 by a 
                housing credit agency which is approved by the 
                governmental unit (in accordance with rules similar to 
                the rules of section 147(f)(2) (other than subparagraph 
                (B)(ii) thereof)) of which such agency is a part,
                    ``(B) the housing credit agency sets forth 
                selection criteria to determine appropriate, evidence-
                based supportive services and provides a procedure that 
                the agency (or an agent or other private contractor of 
                such agency) will follow in monitoring for 
                noncompliance with the provisions of this section and 
                in reporting such noncompliance to the Secretary,
                    ``(C) an extended low-income housing commitment is 
                in effect with respect to such building as of the end 
                of such taxable year,
                    ``(D) an extended supportive services commitment is 
                in effect with respect to such building as of the end 
                of such taxable year, and
                    ``(E) appropriate books and records for itemized 
                expenses and expenditures with respect to the qualified 
                supportive housing reserve fund are maintained on an 
                annual basis, and are available for inspection upon 
                request by the housing credit agency.
            ``(2) Denial of double benefit.--The deductions otherwise 
        allowed under this chapter for the taxable year shall be 
        reduced by the amount of the credit allowed under this section 
        for such taxable year.
    ``(h) Definitions.--Any term used in this section which is also 
used in section 42 shall have the same meaning as when used in such 
section.''.
    (b) Credit To Be Part of General Business Credit.--
            (1) In general.--Section 38(b), as amended by the preceding 
        provisions of this Act, is amended by striking ``plus'' at the 
        end of paragraph (34), by striking the period at the end of 
        paragraph (35) and inserting ``, plus'', and by adding at the 
        end the following new paragraph:
            ``(36) the low-income housing supportive services credit 
        determined under section 42A(a).''.
            (2) Treatment as specified credit.--Clause (iii) of section 
        38(c)(4)(B) is amended by inserting ``, and the credit 
        determined under section 42A'' after ``2007''.
    (c) Treatment for Purposes of Tax on Base Erosion Payments.--
Paragraph (4) of section 59A(b) is amended by redesignating 
subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively, 
and by inserting after subparagraph (A) the following new subparagraph:
                    ``(B) the low-income housing supportive services 
                credit determined under section 42A(a),''.
    (d) Passive Activity Credits.--
            (1) In general.--Section 469 is amended by striking ``42'' 
        each place it appears in subsections (i)(3)(C), (i)(6)(B)(i), 
        and (k)(1) and inserting ``42 or 42A''.
            (2) Conforming amendments.--The headings of subsections 
        (i)(3)(C) and (i)(6)(B) of section 469 are each amended by 
        striking ``credit'' and inserting ``credits''.
    (e) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after the item relating to section 42 the 
following new item:

``Sec. 42A. Credit for contributions to low-income housing supportive 
                            services.''.
    (f) Effective Date.--The amendments made by this section shall 
apply to buildings placed in service after December 31, 2020.

                 Subtitle B--Neighborhood Homes Credit

SEC. 90621. NEIGHBORHOOD HOMES CREDIT.

    (a) In General.--Subpart D of part IV of subchapter A of chapter 1, 
as amended by the preceding provisions of this Act, is amended by 
inserting after section 42A the following new section:

``SEC. 42B. NEIGHBORHOOD HOMES CREDIT.

    ``(a) Allowance of Credit.--For purposes of section 38, the amount 
of the neighborhood homes credit determined under this section for a 
taxable year for a qualified project shall be, with respect to each 
qualified residence that is part of such qualified project and that 
experiences a qualified completion event during such taxable year, an 
amount equal to--
            ``(1) in the case of an affordable sale, with respect to 
        the seller, the excess of--
                    ``(A) the qualified development cost incurred by 
                such seller for such qualified residence, over
                    ``(B) the sale price of such qualified residence, 
                or
            ``(2) in the case of any other qualified completion event, 
        with respect to a taxpayer other than the owner of the 
        qualified residence (or a related person with respect to such 
        owner), the excess of--
                    ``(A) the development cost incurred by such 
                taxpayer for such qualified residence, over
                    ``(B) the amount received by such taxpayer as 
                payment for such rehabilitation.
    ``(b) Limitations.--
            ``(1) Amount.--The amount determined under subsection (a) 
        with respect to a qualified residence shall not exceed 35 
        percent of the lesser of--
                    ``(A) the qualified development cost, or
                    ``(B) 80 percent of the national median sale price 
                for new homes (as determined pursuant to the most 
                recent census data available as of the date on which 
                the neighborhood homes credit agency makes an 
                allocation for the qualified project).
            ``(2) Allocations.--
                    ``(A) In general.--The amount determined under 
                subsection (a) with respect to a qualified residence 
                that is part of a qualified project and that 
                experiences a qualified completion event shall not 
                exceed the excess of--
                            ``(i) the amount determined under 
                        subparagraph (B), over
                            ``(ii) the amounts previously determined 
                        under subsection (a) with respect to such 
                        qualified project.
                    ``(B) Allocation amount.--The amount determined 
                under this paragraph with respect to a qualified 
                residence that is part of a qualified project and that 
                experiences a qualified completion event is the least 
                of--
                            ``(i) the amount allocated to such project 
                        by the neighborhood homes credit agency under 
                        this section,
                            ``(ii) pursuant to subparagraph (C), the 
                        amount such agency determines at the time of 
                        the qualified completion event is necessary to 
                        ensure the financial feasibility of the 
                        project, or
                            ``(iii) in the case of a qualified 
                        completion event that occurs after the 5-year 
                        period beginning on the date of the allocation 
                        referred to in clause (i), $0.
                    ``(C) Financial feasability.--For purposes of 
                subparagraph (B)(ii), the neighborhood homes credit 
                agency shall consider--
                            ``(i) the sources and uses of funds and the 
                        total financing planned for the qualified 
                        project,
                            ``(ii) any proceeds or receipts expected to 
                        be generated by reason of tax benefits,
                            ``(iii) the percentage of the amount 
                        allocated to such project under this section 
                        used for project costs other than the cost of 
                        intermediaries, and
                            ``(iv) the reasonableness of the 
                        developmental costs and fees of the qualified 
                        project.
    ``(c) Qualified Development Cost.--For purposes of this section--
            ``(1) In general.--The term `qualified development cost' 
        means, with respect to a qualified residence, so much of the 
        allowable development cost as the neighborhood homes credit 
        agency certifies, at the time of the completion event, meets 
        the standards promulgated under subsection (h)(1)(C).
            ``(2) Allowable development cost.--The term `allowable 
        development cost' means--
                    ``(A) the cost of construction, substantial 
                rehabilitation, demolition of any structure, and 
                environmental remediation, and
                    ``(B) in the case of an affordable sale, so much of 
                the cost of acquiring buildings and land as does not 
                exceed an amount equal to 75 percent of the costs 
                described in subparagraph (A).
            ``(3) Condominium and cooperative housing units.--In the 
        case of a qualified residence described in subparagraph (B) or 
        (C) of subsection (f)(1), the allowable development cost of 
        such qualified residence shall be an amount equal to the total 
        allowable development cost of the entire condominium or 
        cooperative housing property in which such qualified residence 
        is located, multiplied by a fraction--
                    ``(A) the numerator of which is the total floor 
                space of such qualified residence, and
                    ``(B) the denominator of which is the total floor 
                space of all residences within such property.
    ``(d) Qualified Project.--For purposes of this section, the term 
`qualified project' means a project that--
            ``(1) a neighborhood homes credit agency certifies will 
        build or substantially rehabilitate one or more qualified 
        residences located in one or more qualified census tracts, and
            ``(2) is designated by such agency as a qualified project 
        under this section and is allocated (before such building or 
        substantial rehabilitation begins) a portion of the amount 
        allocated to such agency under subsection (g).
    ``(e) Qualified Census Tract.--For purposes of this section--
            ``(1) In general.--The term `qualified census tract' means 
        a census tract--
                    ``(A) with--
                            ``(i) a median gross income which does not 
                        exceed 80 percent of the applicable area median 
                        gross income,
                            ``(ii) a poverty rate that is not less than 
                        130 percent of the applicable area poverty 
                        rate, and
                            ``(iii) a median value for owner-occupied 
                        homes that does not exceed applicable area 
                        median value for owner-occupied homes,
                    ``(B) which is located in a city with a population 
                of not less than 50,000 and a poverty rate that is not 
                less than 150 percent of the applicable area poverty 
                rate, and which has--
                            ``(i) a median gross income which does not 
                        exceed the applicable area median gross income, 
                        and
                            ``(ii) a median value for owner-occupied 
                        homes that does not exceed 80 percent of the 
                        applicable area median value for owner-occupied 
                        homes, or
                    ``(C) which is located in a nonmetropolitan county 
                and which has--
                            ``(i) a median gross income which does not 
                        exceed the applicable area median gross income, 
                        and
                            ``(ii) been designated by a neighborhood 
                        homes credit agency under this clause.
            ``(2) Additional census tracts for substantial 
        rehabilitation.--In the case of a qualified residence that is 
        intended for substantial rehabilitation described in subsection 
        (f)(5)(B), the term `qualified census tract' includes a census 
        tract that meets the requirements of paragraph (1)(A), without 
        regard to clause (iii), and that is designated by the 
        neighborhood homes credit agency under this paragraph.
            ``(3) List of qualified census tracts.--The Secretary of 
        Housing and Urban Development shall, for each year, make 
        publicly available a list of qualified census tracts under--
                    ``(A) on a combined basis, subparagraphs (A) and 
                (B) of paragraph (1),
                    ``(B) subparagraph (C) of such paragraph, and
                    ``(C) paragraph (2).
    ``(f) Other Definitions.--For purposes of this section--
            ``(1) Qualified residence.--The term `qualified residence' 
        means a residence that consists of--
                    ``(A) a single-family home containing 4 or fewer 
                residential units,
                    ``(B) a condominium unit, or
                    ``(C) a house or an apartment owned by a 
                cooperative housing corporation (as defined in section 
                216(b)).
            ``(2) Affordable sale.--
                    ``(A) In general.--
                            ``(i) In general.--The term `affordable 
                        sale' means a sale to a qualified homeowner of 
                        a qualified residence that the neighborhood 
                        homes credit agency certifies as meeting the 
                        standards promulgated under subsection 
                        (h)(1)(D) for a price that does not exceed--
                                    ``(I) in the case of any qualified 
                                residence not described in subclause 
                                (II), (III), or (IV), the amount equal 
                                to the product of 4 multiplied by the 
                                applicable area median gross income,
                                    ``(II) in the case of a single-
                                family home containing two residential 
                                units, 125 percent of the amount 
                                described in subclause (I),
                                    ``(III) in the case of a single-
                                family home containing three 
                                residential units, 150 percent of the 
                                amount described in subclause (I), or
                                    ``(IV) in the case of a single-
                                family home containing four residential 
                                units, 175 percent of the amount 
                                described in subclause (I).
                            ``(ii) Related persons.--
                                    ``(I) In general.--A sale between 
                                related persons shall not be treated as 
                                an affordable sale.
                                    ``(II) Definition.--For purposes of 
                                this section, a person (in this clause 
                                referred to as the `related person') is 
                                related to any person if the related 
                                person bears a relationship to such 
                                person specified in section 267(b) or 
                                707(b)(1), or the related person and 
                                such person are engaged in trades or 
                                businesses under common control (within 
                                the meaning of subsections (a) and (b) 
                                of section 52). For purposes of the 
                                preceding sentence, in applying section 
                                267(b) or 707(b)(1), `10 percent' shall 
                                be substituted for `50 percent'.
            ``(3) Applicable area.--The term `applicable area' means--
                    ``(A) in the case of a metropolitan census tract, 
                the metropolitan area in which such census tract is 
                located, and
                    ``(B) in the case of a census tract other than a 
                census tract described in subparagraph (A), the State.
            ``(4) Substantial rehabilitation.--The term `substantial 
        rehabilitation' means rehabilitation efforts involving 
        qualified development costs that are not less than the greater 
        of--
                    ``(A) $20,000, or
                    ``(B) 20 percent of the cost of acquiring buildings 
                and land.
            ``(5) Qualified completion event.--The term `qualified 
        completion event' means--
                    ``(A) in the case of a qualified residence that is 
                built or substantially rehabilitated as part of a 
                qualified project and sold, an affordable sale, or
                    ``(B) in the case of a qualified residence that is 
                substantially rehabilitated as part of a qualified 
                project and owned by the same qualified homeowner 
                throughout such rehabilitation, the completion of such 
                rehabilitation (as determined by the neighborhood homes 
                credit agency) to the standards promulgated under 
                subsection (h)(1)(D).
            ``(6) Qualified homeowner.--
                    ``(A) In general.--The term `qualified homeowner' 
                means, with respect to a qualified residence, an 
                individual--
                            ``(i) who owns and uses such qualified 
                        residence as the principal residence of such 
                        individual, and
                            ``(ii) whose income is 140 percent or less 
                        of the applicable area median gross income for 
                        the location of the qualified residence.
                    ``(B) Ownership.--For purposes of a cooperative 
                housing corporation (as such term is defined in section 
                216(b)), a tenant-stockholder shall be treated as 
                owning the house or apartment which such person is 
                entitled to occupy.
                    ``(C) Income.--For purposes of this paragraph, 
                income shall be a determined in accordance with 
                sections 143(f)(2) and 143(f)(4).
                    ``(D) Timing.--For purposes of this paragraph, the 
                income of a taxpayer shall be determined--
                            ``(i) in the case of a qualified residence 
                        that is built or substantially rehabilitated as 
                        part of a qualified project and sold, at the 
                        time a binding contract for purchase is made, 
                        or
                            ``(ii) in the case of a qualified residence 
                        that is occupied by a qualified homeowner and 
                        intended to be substantially rehabilitated as 
                        part of a qualified project, at the time a 
                        binding contract to undertake such 
                        rehabilitation is made.
            ``(7) Neighborhood homes credit agency.--The term 
        `neighborhood homes credit agency' means the agency designated 
        by the governor of a State as the neighborhood homes credit 
        agency of the State.
    ``(g) Allocation.--
            ``(1) State neighborhood homes credit ceiling.--The State 
        neighborhood homes credit amount for a State for a calendar 
        year is an amount equal to the greater of--
                    ``(A) the product of $6, multiplied by the State 
                population (determined in accordance with section 
                146(j)), or
                    ``(B) $8,000,000.
            ``(2) Unused amount.--The State neighborhood homes credit 
        amount for a calendar year shall be increased by the sum of--
                    ``(A) any amount certified by the neighborhood 
                homes credit agency of the State as having been 
                previously allocated to a qualified project and not 
                used during the 5-year period described in subsection 
                (b)(2)(B)(iii), plus
                    ``(B) sum of the amount by which the amount 
                determined under paragraph (1) (without application of 
                this paragraph) exceeded the amount allocated to 
                qualified projects in each of the three immediately 
                preceding calendar years.
            ``(3) Portion of state credit ceiling for certain projects 
        involving qualified nonprofit organizations.--Rules similar to 
        the rules of section 42(h)(5) shall apply.
    ``(h) Responsibilities of Neighborhood Homes Credit Agencies.--
            ``(1) In general.--Notwithstanding subsection (g), the 
        State neighborhood homes credit dollar amount shall be zero for 
        a calendar year unless the neighborhood homes credit agency of 
        the State--
                    ``(A) allocates such amount pursuant to a qualified 
                allocation plan of the neighborhood homes credit 
                agency,
                    ``(B) allocates not more than 20 percent of such 
                amount for the previous year to projects with respect 
                to qualified residences in census tracts under 
                subsection (e)(1)(C) or (e)(2),
                    ``(C) promulgates standards with respect to 
                reasonable qualified development costs and fees,
                    ``(D) promulgates standards with respect to 
                construction quality, and
                    ``(E) submits to the Secretary (at such time and in 
                such manner as the Secretary may prescribe) an annual 
                report specifying--
                            ``(i) the amount of the neighborhood homes 
                        credits allocated to each qualified project for 
                        the previous year,
                            ``(ii) with respect to each qualified 
                        residence completed in the preceding calendar 
                        year--
                                    ``(I) the census tract in which 
                                such qualified residence is located,
                                    ``(II) with respect to the 
                                qualified project that includes such 
                                qualified residence, the year in which 
                                such project received an allocation 
                                under this section,
                                    ``(III) whether such qualified 
                                residence was new or substantially 
                                rehabilitated,
                                    ``(IV) the eligible basis of such 
                                qualified residence,
                                    ``(V) the amount of the 
                                neighborhood homes credit with respect 
                                to such qualified residence,
                                    ``(VI) the sales price of such 
                                qualified residence or, in the case of 
                                a qualified residence that is 
                                substantially rehabilitated as part of 
                                a qualified project and is owned by the 
                                same qualified homeowner during the 
                                entirety of such rehabilitation, the 
                                cost of the substantial rehabilitation, 
                                and
                                    ``(VII) the income of the qualified 
                                homeowner (expressed as a percentage of 
                                the applicable area median gross income 
                                for the location of the qualified 
                                residence), and
                            ``(iii) such other information as the 
                        Secretary may require.
            ``(2) Qualified allocation plan.--For purposes of this 
        subsection, the term `qualified allocation plan' means any plan 
        which--
                    ``(A) sets forth the selection criteria to be used 
                to prioritize qualified projects for allocations of 
                State neighborhood homes credit dollar amounts, 
                including--
                            ``(i) the need for new or substantially 
                        rehabilitated owner-occupied homes in the area 
                        addressed by the project,
                            ``(ii) the expected contribution of the 
                        project to neighborhood stability and 
                        revitalization,
                            ``(iii) the capability of the project 
                        sponsor, and
                            ``(iv) the likelihood the project will 
                        result in long-term homeownership,
                    ``(B) has been made available for public comment, 
                and
                    ``(C) provides a procedure that the neighborhood 
                homes credit agency (or any agent or contractor of such 
                agency) shall follow for purposes of--
                            ``(i) identifying noncompliance with any 
                        provisions of this section, and
                            ``(ii) notifying the Internal Revenue 
                        Service of any such noncompliance of which the 
                        agency becomes aware.
    ``(i) Possessions Treated as States.--For purposes of this section, 
the term `State' includes the District of Columbia and a possession of 
the United States.
    ``(j) Repayment.--
            ``(1) In general.--
                    ``(A) Sold during 5-year period.--If a qualified 
                residence is sold during the 5-year period beginning on 
                the date of the qualified completion event described in 
                subsection (a) with respect to such qualified 
                residence, the seller shall transfer an amount equal to 
                the repayment amount from the amount realized on such 
                sale to the relevant neighborhood homes credit agency.
                    ``(B) Use of repayments.--A neighborhood homes 
                credit agency shall use any amount received pursuant to 
                subparagraph (A) only for purposes of qualified 
                projects.
            ``(2) Repayment amount.--For purposes of paragraph (1)(A), 
        the repayment amount is an amount equal to 50 percent of the 
        gain from such resale, reduced by 20 percent for each year of 
        the 5-year period referred to in paragraph (1)(A) which ends 
        before the date of the sale referred to in such paragraph.
            ``(3) Lien for repayment amount.--A neighborhood homes 
        credit agency receiving an allocation under this section shall 
        place a lien on each qualified residence that is built or 
        rehabilitated as part of a qualified project for an amount such 
        agency deems necessary to ensure potential repayment pursuant 
        to paragraph (1)(A).
            ``(4) Denial of deductions if converted to rental 
        housing.--If, during the 5-year period beginning on the date of 
        the qualified completion event described in subsection (a), an 
        individual who owns a qualified residence fails to use such 
        qualified residence as such individual's principal residence 
        for any period of time, no deduction shall be allowed for 
        expenses paid or incurred by such individual with respect to 
        renting, during such period of time, such qualified residence.
            ``(5) Waiver.--The neighborhood homes credit agency may 
        waive the repayment required under paragraph (1)(A) in the case 
        of homeowner experiencing a hardship.
    ``(k) Report.--
            ``(1) In general.--The Secretary shall annually issue a 
        report, to be made available to the public, which contains the 
        information submitted pursuant to subsection (h)(1)(E).
            ``(2) De-identification.--The Secretary shall ensure that 
        any information made public pursuant to paragraph (1) excludes 
        any information that would allow for the identification of 
        qualified homeowners.
    ``(l) Inflation Adjustment.--
            ``(1) In general.--In the case of a calendar year after 
        2020, the dollar amounts in this section shall be increased by 
        an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for such calendar year by 
                substituting `calendar year 2019' for `calendar year 
                2016' in subparagraph (A)(ii) thereof.
            ``(2) Rounding.--
                    ``(A) In the case of the dollar amount in 
                subsection (f)(4), any increase under paragraph (1) 
                which is not a multiple of $1,000 shall be rounded to 
                the nearest multiple of $1,000.
                    ``(B) In the case of the dollar amount in 
                subsection (g)(1)(A)(i), any increase under paragraph 
                (1) which is not a multiple of $0.01 shall be rounded 
                to the nearest multiple of $0.01.
                    ``(C) In the case of the dollar amount in 
                subsection (g)(1)(A)(ii), any increase under paragraph 
                (1) which is not a multiple of $100,000 shall be 
                rounded to the nearest multiple of $100,000.''.
    (b) Current Year Business Credit Calculation.--Section 38(b), as 
amended by the preceding provisions of this Act, is amended by striking 
``plus'' at the end of paragraph (35), by striking the period at the 
end of paragraph (36) and inserting ``, plus'', and by adding at the 
end the following new paragraph:
            ``(37) the neighborhood homes credit determined under 
        section 42B(a),''.
    (c) Conforming Amendments.--Subsections (i)(3)(C), (i)(6)(B)(i), 
and (k)(1) of section 469 are each amended by inserting ``or 42A'' and 
inserting ``42A, or 42B''.
    (d) Clerical Amendment.--The table of sections for subpart D of 
part IV of subchapter A of chapter 1, as amended by the preceding 
provisions of this Act, is amended by inserting after the item relating 
to section 42A the following new item:

``Sec. 42B. Neighborhood homes credit.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2020.

                     TITLE VII--TRIBAL DEVELOPMENT

SEC. 90701. TREATMENT OF INDIAN TRIBES AS STATES WITH RESPECT TO BOND 
              ISSUANCE.

    (a) In General.--Subsection (c) of section 7871 is amended to read 
as follows:
    ``(c) Special Rules for Tax-Exempt Bonds.--
            ``(1) In general.--In applying section 146 to bonds issued 
        by Indian Tribal Governments the Secretary shall annually--
                    ``(A) establish a national bond volume cap based on 
                the greater of--
                            ``(i) the State population formula approach 
                        in section 146(d)(1)(A) (using national Tribal 
                        population estimates supplied annually by the 
                        Department of the Interior in consultation with 
                        the Census Bureau), and
                            ``(ii) the minimum State ceiling amount in 
                        section 146(d)(1)(B) (as adjusted in accordance 
                        with the cost of living provision in section 
                        146(d)(2)),
                    ``(B) allocate such national bond volume cap among 
                all Indian Tribal Governments seeking such an 
                allocation in a particular year under regulations 
                prescribed by the Secretary.
            ``(2) Application of geographic restriction.--In the case 
        of national bond volume cap allocated under paragraph (1), 
        section 146(k)(1) shall not apply to the extent that such cap 
        is used with respect to financing for a facility located on 
        qualified Indian lands.
            ``(3) Definitions and special rules.--For purposes of this 
        subsection--
                    ``(A) Indian tribal government.--The term `Indian 
                Tribal Government' means the governing body of an 
                Indian Tribe, band, nation, or other organized group or 
                community which is recognized as eligible for the 
                special programs and services provided by the United 
                States to Indians because of their status as Indians, 
                and also includes any agencies, instrumentalities or 
                political subdivisions thereof.
                    ``(B) Intertribal consortiums, etc.--In any case in 
                which an Indian Tribal Government has authorized an 
                intertribal consortium, a Tribal organization, or an 
                Alaska Native regional or village corporation, as 
                defined in, or established pursuant to, the Alaska 
                Native Claims Settlement Act, to plan for, coordinate 
                or otherwise administer services, finances, functions, 
                or activities on its behalf under this subsection, the 
                authorized entity shall have the rights and 
                responsibilities of the authorizing Indian Tribal 
                Government only to the extent provided in the 
                Authorizing resolution.
                    ``(C) Qualified indian lands.--The term `qualified 
                Indian lands' shall mean an Indian reservation as 
                defined in section 3(d) of the Indian Financing Act of 
                1974 (25 U.S.C. 1452(d)), including lands which are 
                within the jurisdictional area of an Oklahoma Indian 
                Tribe (as determined by the Secretary of the Interior) 
                and shall include lands outside a reservation where the 
                facility is to be placed in service in connection with 
                the active conduct of a trade or business by an Indian 
                Tribe on or near an Indian reservation or Alaska Native 
                village or in connection with infrastructure (including 
                roads, power lines, water systems, railroad spurs, and 
                communication facilities) serving an Indian reservation 
                or Alaska Native village.''.
    (b) Repeal of Essential Governmental Function Requirements.--
Section 7871 is amended--
            (1) by striking subsections (b) and (e), and
            (2) by striking ``subject to subsection (b),'' in 
        subsection (a)(2).
    (c) Conforming Amendment.--Subparagraph (B) of section 45(c)(9) is 
amended to read as follows:
                    ``(B) Indian tribe.--For purposes of this 
                paragraph, the term `Indian tribe' has the meaning 
                given the term `Indian Tribal Government' by section 
                7871(c)(3)(A).''.
    (d) Effective Date.--
            (1) In general.--Except as otherwise provided in this 
        subsection, the amendments made by this section shall apply to 
        obligations issued in calendar years beginning after the date 
        of the enactment of this Act.
            (2) Repeal of essential governmental function 
        requirements.--The amendments made by subsection (b) shall 
        apply to transactions after, and obligations issued in calendar 
        years beginning after, the date of the enactment of this Act.

SEC. 90702. TREATMENT OF TRIBAL FOUNDATIONS AND CHARITIES LIKE 
              CHARITIES FUNDED AND CONTROLLED BY OTHER GOVERNMENTAL 
              FUNDERS AND SPONSORS.

    (a) In General.--Section 7871(a) is amended by striking ``and'' at 
the end of paragraph (6), by striking the period at the end of 
paragraph (7) and inserting ``, and'', and by adding at the end the 
following new paragraph:
            ``(8) for purposes of--
                    ``(A) determining support of an organization 
                described in section 170(b)(1)(A)(vi), and
                    ``(B) determining whether an organization is 
                described in paragraph (1) or (2) of section 509(a) for 
                purposes of section 509(a)(3).''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

SEC. 90703. NEW MARKETS TAX CREDIT.

    (a) Expanding Low-Income Community Definition to Include Tribal 
Communities.--
            (1) In general.--Paragraph (1) of section 45D(e) is amended 
        to read as follows:
            ``(1) In general.--The term `low-income community' means 
        any area--
                    ``(A) comprising a population census tract if--
                            ``(i) the poverty rate for such tract is at 
                        least 20 percent, or
                            ``(ii)(I) in the case of a tract not 
                        located within a metropolitan area, the median 
                        family income for such tract does not exceed 80 
                        percent of statewide median family income, or
                            ``(II) in the case of a tract located 
                        within a metropolitan area, the median family 
                        income for such tract does not exceed 80 
                        percent of the greater of statewide median 
                        family income or the metropolitan area median 
                        family income,
                    ``(B) comprising a Tribal Statistical Area.
        Subparagraph (A)(ii) shall be applied using possession wide 
        median family income in the case of census tracts located 
        within a possession of the United States.''.
            (2) Tribal statistical area defined.--Section 45D(e) is 
        amended by adding at the end the following new paragraph:
            ``(6) Tribal statistical area.--For purposes of paragraph 
        (1)(B), the term `Tribal Statistical Area' means--
                    ``(A) any Tribal Census Tract, Oklahoma Tribal 
                Statistical Area, Tribal-Designated Statistical Area, 
                or Alaska Native Village Statistical Area if--
                            ``(i) the poverty rate for such tract or 
                        area is at least 20 percent, or
                            ``(ii) the median family income for such 
                        tract or area does not exceed 80 percent of the 
                        statewide median family income for a State with 
                        boundaries that encompass or intersect the 
                        boundaries of such area, and
                    ``(B) any area that will be used for the 
                construction, reconstruction or improvement of a 
                community facility or an infrastructure project that--
                            ``(i) services Tribal or Alaska Native 
                        village members of any tract or area described 
                        in subparagraph (A), and
                            ``(ii) has documented its eligibility with 
                        respect to clause (i) to the satisfaction of 
                        the relevant Indian Tribal Government (within 
                        the meaning of section 7871(c)).''.
    (b) Tribal Investment Proportionality Goal.--Section 45D(i) is 
amended by striking ``and'' at the end of paragraph (5), by striking 
the period at the end of paragraph (6) and inserting ``, and'', and by 
adding at the end the following new paragraph:
            ``(7) which ensure that Tribal Statistical Areas (as 
        defined in subsection (e)(6)) receive a proportional allocation 
        of qualified equity investments based on the overall number of 
        Native Americans relative to the portion of the United States 
        population which is at or below the poverty line (as determined 
        for purposes of determining poverty rates under subsection 
        (e)).''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.

            TITLE VIII--HIGHWAY TRUST FUND AND RELATED TAXES

SEC. 90801. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.

    (a) Highway Trust Fund.--Section 9503 is amended--
            (1) by striking ``October 1, 2020'' in subsections 
        (b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 
        2025'', and
            (2) by striking ``FAST Act'' in subsections (c)(1) and 
        (e)(3) and inserting ``Moving Forward Act''.
    (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 is 
amended--
            (1) by striking ``FAST Act'' each place it appears in 
        subsection (b)(2) and inserting ``Moving Forward Act'', and
            (2) by striking ``October 1, 2020'' in subsection (d)(2) 
        and inserting ``October 1, 2025''.
    (c) Leaking Underground Storage Tank Trust Fund.--Section 
9508(e)(2) is amended by striking ``October 1, 2020'' and inserting 
``October 1, 2025''.

SEC. 90802. EXTENSION OF HIGHWAY-RELATED TAXES.

    (a) In General.--
            (1) Each of the following provisions of the Internal 
        Revenue Code of 1986 is amended by striking ``September 30, 
        2022'' and inserting ``September 30, 2027'':
                    (A) Section 4041(a)(1)(C)(iii)(I).
                    (B) Section 4041(m)(1)(B).
                    (C) Section 4081(d)(1).
            (2) Each of the following provisions of the Internal 
        Revenue Code of 1986 is amended by striking ``October 1, 2022'' 
        and inserting ``October 1, 2027'':
                    (A) Section 4041(m)(1)(A).
                    (B) Section 4051(c).
                    (C) Section 4071(d).
                    (D) Section 4081(d)(3).
    (b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each 
of the following provisions of the Internal Revenue Code of 1986 is 
amended by striking ``2023'' each place it appears and inserting 
``2028'':
            (1) Section 4481(f).
            (2) Subsections (c)(4) and (d) of section 4482.
    (c) Floor Stocks Refunds.--Section 6412(a)(1) is amended--
            (1) by striking ``October 1, 2022'' each place it appears 
        and inserting ``October 1, 2027'',
            (2) by striking ``March 31, 2023'' each place it appears 
        and inserting ``March 31, 2028'', and
            (3) by striking ``January 1, 2023'' and inserting ``January 
        1, 2028''.
    (d) Extension of Certain Exemptions.--
            (1) Section 4221(a) is amended by striking ``October 1, 
        2022'' and inserting ``October 1, 2027''.
            (2) Section 4483(i) is amended by striking ``October 1, 
        2023'' and inserting ``October 1, 2028''.
    (e) Extension of Transfers of Certain Taxes.--
            (1) In general.--Section 9503 is amended--
                    (A) in subsection (b)--
                            (i) by striking ``October 1, 2022'' each 
                        place it appears in paragraphs (1) and (2) and 
                        inserting ``October 1, 2027'',
                            (ii) by striking ``October 1, 2022'' in the 
                        heading of paragraph (2) and inserting 
                        ``October 1, 2027'',
                            (iii) by striking ``September 30, 2022'' in 
                        paragraph (2) and inserting ``September 30, 
                        2027;'', and
                            (iv) by striking ``July 1, 2023'' in 
                        paragraph (2) and inserting ``July 1, 2028'', 
                        and
                    (B) in subsection (c)(2), by striking ``July 1, 
                2013'' and inserting ``July 1, 2028''.
            (2) Motorboat and small-engine fuel tax transfers.--
                    (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of 
                section 9503(c) are each amended by striking ``October 
                1, 2022'' and inserting ``October 1, 2027''.
                    (B) Conforming amendments to land and water 
                conservation fund.--Section 200310 of title 54, United 
                States Code, is amended--
                            (i) by striking ``October 1, 2023'' each 
                        place it appears and inserting ``October 1, 
                        2028'', and
                            (ii) by striking ``October 1, 2022'' and 
                        inserting ``October 1, 2027''.

SEC. 90803. ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND.

    Section 9503(f) is amended by redesignating paragraph (10) as 
paragraph (11) and by inserting after paragraph (9) the following new 
paragraph:
            ``(10) Additional transfers to trust fund.--Out of money in 
        the Treasury not otherwise appropriated, there is hereby 
        appropriated--
                    ``(A) $106,700,000,000 to the Highway Account (as 
                defined in subsection (e)(5)(B)) in the Highway Trust 
                Fund, and
                    ``(B) $38,600,000,000 to the Mass Transit Account 
                in the Highway Trust Fund.''.

        DIVISION N--RIGHTS FOR TRANSPORTATION SECURITY OFFICERS

SEC. 91001. SHORT TITLE.

    This division may be cited as the ``Rights for Transportation 
Security Officers Act of 2020''.

SEC. 91002. DEFINITIONS.

    For purposes of this division--
            (1) the term ``adjusted basic pay'' means--
                    (A) the rate of pay fixed by law or administrative 
                action for the position held by a covered employee 
                before any deductions; and
                    (B) any regular, fixed supplemental payment for 
                non-overtime hours of work creditable as basic pay for 
                retirement purposes, including any applicable locality 
                payment and any special rate supplement;
            (2) the term ``Administrator'' means the Administrator of 
        the Transportation Security Administration;
            (3) the term ``covered employee'' means an employee who 
        holds a covered position;
            (4) the term ``covered position'' means a position within 
        the Transportation Security Administration;
            (5) the term ``conversion date'' means the date as of which 
        paragraphs (1) through (4) of section 91003(c) take effect;
            (6) the term ``2019 Determination'' means the publication, 
        entitled ``Determination on Transportation Security Officers 
        and Collective Bargaining'', issued on July 13, 2019, by 
        Administrator David P. Pekoske;
            (7) the term ``employee'' has the meaning given such term 
        by section 2105 of title 5, United States Code;
            (8) the term ``Secretary'' means the Secretary of Homeland 
        Security; and
            (9) the term ``TSA personnel management system'' means any 
        personnel management system established or modified under--
                    (A) section 111(d) of the Aviation and 
                Transportation Security Act (49 U.S.C. 44935 note); or
                    (B) section 114(n) of title 49, United States Code.

SEC. 91003. CONVERSION OF TSA PERSONNEL.

    (a) Restrictions on Certain Personnel Authorities.--Notwithstanding 
any other provision of law, effective as of the date of the enactment 
of this division--
            (1) any TSA personnel management system in use for covered 
        employees and covered positions on the day before such date of 
        enactment, and any TSA personnel management policy, letters, 
        guideline, or directive in effect on such day may not be 
        modified;
            (2) no TSA personnel management policy, letter, guideline, 
        or directive that was not established before such date issued 
        pursuant to section 111(d) of the Aviation and Transportation 
        Security Act (49 U.S.C. 44935 note) or section 114(n) of title 
        49, United States Code, may be established; and
            (3) any authority to establish or adjust a human resources 
        management system under chapter 97 of title 5, United States 
        Code, shall terminate with respect to covered employees and 
        covered positions.
    (b) Personnel Authorities During Transition Period.--Any TSA 
personnel management system in use for covered employees and covered 
positions on the day before the date of enactment of this division and 
any TSA personnel management policy, letter, guideline, or directive in 
effect on the day before the date of enactment of this division shall 
remain in effect until the effective date under subsection (c).
    (c) Transition to General Personnel Management System Applicable to 
Civil Service Employees.--Effective as of the date determined by the 
Secretary, but in no event later than 180 days after the date of the 
enactment of this division--
            (1) each provision of law cited in section 91002(9) is 
        repealed;
            (2) any TSA personnel management policy, letter, guideline, 
        and directive, including the 2019 Determination, shall cease to 
        be effective;
            (3) any human resources management system established or 
        adjusted under chapter 97 of title 5, United States Code, with 
        respect to covered employees or covered positions shall cease 
        to be effective; and
            (4) covered employees and covered positions shall be 
        subject to the provisions of title 5, United States Code.
    (d) Safeguards on Grievances.--In carrying out this division, the 
Secretary shall take such actions as are necessary to provide an 
opportunity to each covered employee with a grievance or disciplinary 
action (including an adverse action) pending within TSA on the date of 
enactment of this division or at any time during the transition period 
described in subsection (c) to have such grievance removed to 
proceedings pursuant to title 5, United States Code, or continued 
within TSA.

SEC. 91004. TRANSITION RULES.

    (a) Nonreduction in Pay and Compensation.--Under pay conversion 
rules as the Secretary may prescribe to carry out this division, a 
covered employee converted from a TSA personnel management system to 
the provisions of title 5, United States Code, pursuant to section 
91002(c)(4) shall not be subject to any reduction in the rate of 
adjusted basic pay payable, or total compensation provided, to such 
covered employee.
    (b) Preservation of Other Rights.--In the case of each covered 
employee as of the conversion date, the Secretary shall take any 
actions necessary to ensure that--
            (1) any annual leave, sick leave, or other paid leave 
        accrued, accumulated, or otherwise available to a covered 
        employee immediately before the conversion date shall remain 
        available to the employee until used; and
            (2) the Government share of any premiums or other periodic 
        charges under chapter 89 of title 5, United States Code, 
        governing group health insurance shall remain at least the same 
        as was the case immediately before the conversion date.
    (c) GAO Study on TSA Pay Rates.--Not later than the date that is 9 
months after the date of enactment of this division, the Comptroller 
General shall submit a report to Congress on the differences in rates 
of pay, classified by pay system, between Transportation Security 
Administration employees--
            (1) with duty stations in the contiguous 48 States; and
            (2) with duty stations outside of such States, including 
        those employees located in any territory or possession of the 
        United States.
    (d) Rule of Construction.--During the transition period and after 
the conversion date, the Secretary shall ensure that the Transportation 
Security Administration continues to prevent the hiring of individuals 
who have been convicted of a sex crime, an offense involving a minor, a 
crime of violence, or terrorism.

SEC. 91005. CONSULTATION REQUIREMENT.

    (a) Exclusive Representative.--The labor organization certified by 
the Federal Labor Relations Authority on June 29, 2011, or successor 
labor organization shall be treated as the exclusive representative of 
full- and part-time non-supervisory TSA personnel carrying out 
screening functions under section 44901 of title 49, United States 
Code, and shall be the exclusive representative for such personnel 
under chapter 71 of title 5, United States Code, with full rights under 
such chapter. Any collective bargaining agreement covering such 
personnel on the date of enactment of this division shall remain in 
effect, consistent with subsection (d).
    (b) Consultation Rights.--Not later than 7 days after the date of 
the enactment of this division, the Secretary shall consult with the 
exclusive representative for the personnel described in subsection (a) 
under chapter 71 of title 5, United States Code, on the formulation of 
plans and deadlines to carry out the conversion of covered employees 
and covered positions under this division. Prior to the conversion 
date, the Secretary shall provide (in writing) to such exclusive 
representative the plans for how the Secretary intends to carry out the 
conversion of covered employees and covered positions under this 
division, including with respect to such matters as--
            (1) the anticipated conversion date; and
            (2) measures to ensure compliance with sections 91003 and 
        91004.
    (c) Required Agency Response.--If any views or recommendations are 
presented under subsection (b) by the exclusive representative, the 
Secretary shall consider the views or recommendations before taking 
final action on any matter with respect to which the views or 
recommendations are presented and provide the exclusive representative 
a written statement of the reasons for the final actions to be taken.
    (d) Sunset Provision.--The provisions of this section shall cease 
to be effective as of the conversion date.

SEC. 91006. NO RIGHT TO STRIKE.

     Nothing in this division shall be considered--
            (1) to repeal or otherwise affect--
                    (A) section 1918 of title 18, United States Code 
                (relating to disloyalty and asserting the right to 
                strike against the Government); or
                    (B) section 7311 of title 5, United States Code 
                (relating to loyalty and striking); or
            (2) to otherwise authorize any activity which is not 
        permitted under either provision of law cited in paragraph (1).

SEC. 91007. RULE OF CONSTRUCTION WITH RESPECT TO CERTAIN CRIMES 
              RELATING TO TERRORISM.

    Nothing in this division may be construed to contradict chapter 
113B of title 18, United States Code, including with respect to--
            (1) section 2332b (relating to acts of terrorism 
        transcending national boundaries);
            (2) section 2339 (relating to harboring or concealing 
        terrorists); and
            (3) section 2339A (relating to providing material support 
        to terrorists).

SEC. 91008. REPORT BY GAO REGARDING TSA RECRUITMENT.

    Not later than 1 year after the date of the enactment of this 
division, the Comptroller General of the United States shall submit to 
Congress a report on the efforts of the Transportation Security 
Administration regarding recruitment, including recruitment efforts 
relating to veterans and the dependents of veterans and members of the 
Armed Forces and the dependents of such members. Such report shall also 
include recommendations regarding how the Administration may improve 
such recruitment efforts.

SEC. 91009. SENSE OF CONGRESS.

    It is the sense of Congress that the Transportation Security 
Administration's personnel system provides insufficient benefits and 
workplace protections to the workforce that secures the nation's 
transportation systems and that the Transportation Security 
Administration's workforce should be provided protections and benefits 
under title 5, United States Code.

SEC. 91010. ASSISTANCE FOR FEDERAL AIR MARSHAL SERVICE.

    The Administrator of the Transportation Security Administration 
shall engage and consult with public and private entities associated 
with the Federal Air Marshal Service to address concerns regarding 
Federal Air Marshals related to the following:
            (1) Mental health.
            (2) Suicide rates.
            (3) Morale and recruitment.
            (4) Any other personnel issues the Administrator determines 
        appropriate.

SEC. 91011. PROHIBITION ON CERTAIN SOCIAL MEDIA APPLICATION.

    Beginning on the date of the enactment of this division, covered 
employees may not use or have installed on United States Government-
issued mobile devices the social media video application known as 
``TikTok'' or any successor application.

SEC. 91012. VETERANS HIRING.

    The Secretary shall prioritize the hiring of veterans, including 
disabled veterans, and other preference eligible individuals, including 
widows and widowers of veterans, as defined in section 2108 of title 5, 
United States Code, for covered positions.

SEC. 91013. PREVENTION AND PROTECTION AGAINST CERTAIN ILLNESS.

    The Administrator of the Transportation Security Administration, in 
coordination with the Director of Centers for Disease Control and 
Prevention and the Director of the National Institute of Allergy and 
Infectious Diseases, shall ensure that covered employees are provided 
proper guidance regarding prevention and protections against 
coronavirus, including appropriate resources.

          DIVISION O--AGRICULTURE INFRASTRUCTURE IMPROVEMENTS

SEC. 92001. REFORESTATION TRUST FUND.

    Section 303(b)(2) of Public Law 96-451 (16 U.S.C. 1606a(b)(2)) is 
amended by striking ``$30,000,000'' and inserting ``$60,000,000''.

                     DIVISION P--BUDGETARY EFFECTS

SEC. 93001. BUDGETARY EFFECTS.

    (a) Statutory PAYGO Scorecards.--The budgetary effects of each 
division of this Act shall not be entered on either PAYGO scorecard 
maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act 
of 2010.
    (b) Senate PAYGO Scorecards.--The budgetary effects of each 
division of this Act shall not be entered on any PAYGO scorecard 
maintained for purposes of section 4106 of H. Con. Res. 71 (115th 
Congress).

                  DIVISION Q--STATE-OWNED ENTERPRISES

SEC. 94001. STATE-OWNED ENTERPRISES PROHIBITION.

    (a) Buy America.--None of the funds authorized or made available by 
this Act, or the amendments made by this Act, may be used in awarding a 
contract, subcontract, grant, or loan to an entity that--
            (1) is owned or controlled by, is a subsidiary of, or is 
        otherwise related legally or financially to a corporation based 
        in a country that--
                    (A) is identified as a nonmarket economy country 
                (as defined in section 771(18) of the Tariff Act of 
                1930 (19 U.S.C. 1677(18))) as of the date of enactment 
                of this Act;
                    (B) was identified by the United States Trade 
                Representative in the most recent report required by 
                section 182 of the Trade Act of 1974 (19 U.S.C. 2242) 
                as a priority foreign country under subsection (a)(2) 
                of that section; and
                    (C) is subject to monitoring by the Trade 
                Representative under section 306 of the Trade Act of 
                1974 (19 U.S.C. 2416); or
            (2) is listed pursuant to section 9(b)(3) of the Uyghur 
        Human Rights Policy Act of 2020 (Public Law 116-145).
    (b) Exception.--For purposes of subsection (a), the term 
``otherwise related legally or financially'' does not include a 
minority relationship or investment.
    (c) International Agreements.--This section shall be applied in a 
manner consistent with the obligations of the United States under 
international agreements.

            Passed the House of Representatives July 1, 2020.

            Attest:

                                                                 Clerk.
116th CONGRESS

  2d Session

                                H. R. 2

_______________________________________________________________________

                                 AN ACT

 To authorize funds for Federal-aid highways, highway safety programs, 
             and transit programs, and for other purposes.