    [Congressional Bills 116th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 2 Received in Senate (RDS)]

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

    _______________________________________________________________________

                       IN THE SENATE OF THE UNITED STATES

                                 July 20, 2020

                                    Received

    _______________________________________________________________________

                                     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:

                                                 CHERYL L. JOHNSON,

                                                                     Clerk.