[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.