[Congressional Record Volume 166, Number 120 (Tuesday, June 30, 2020)]
[House]
[Pages H2694-H2978]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INVESTING IN A NEW VISION FOR THE ENVIRONMENT AND SURFACE 
                     TRANSPORTATION IN AMERICA ACT

  Mr. DeFAZIO. Mr. Speaker, pursuant to House Resolution 1028, I call 
up the bill (H.R. 2) to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes, 
and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Pursuant to House Resolution 1028, in lieu 
of the amendment in the nature of a substitute recommended by the 
Committee on Transportation and Infrastructure, printed in the bill, an 
amendment in the nature of a substitute consisting of the text of Rules 
Committee Print 116-54, modified by the amendment printed in part A of 
House Report 116-438, is adopted, and the bill, as amended, is 
considered read.
  The text of the bill, as amended, is as follows:

                                 H.R. 2

       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. Definitions.

                   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.

           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.

                 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. Balance Exchanges for Infrastructure Program.
Sec. 1605. Stormwater best management practices.
Sec. 1606. Pedestrian facilities in the public right-of-way.
Sec. 1607. Highway formula modernization report.
Sec. 1608. Consolidation of programs.
Sec. 1609. Student outreach report to Congress.
Sec. 1610. Task force on developing a 21st century surface 
              transportation workforce.
Sec. 1611. On-the-job training and supportive services.
Sec. 1612. Work zone safety.
Sec. 1613. Transportation education development program.
Sec. 1614. Working group on construction resources.
Sec. 1615. Numbering system of highway interchanges.
Sec. 1616. Toll credits.
Sec. 1617. Transportation construction materials procurement.
Sec. 1618. Construction of certain access and development roads.
Sec. 1619. Nationwide road safety assessment.
Sec. 1620. Wildlife crossings.
Sec. 1621. Climate resilient transportation infrastructure study.
Sec. 1622. Elimination of duplication of environmental reviews and 
              approvals.
Sec. 1623. AMBER Alerts along major transportation routes.
Sec. 1624. Natural gas, electric battery, and zero emission vehicles.
Sec. 1625. Guidance on evacuation routes.
Sec. 1626. High priority corridors on National Highway System.
Sec. 1627. Guidance on inundated and submerged roads.
Sec. 1628. Dry bulk weight tolerance.
Sec. 1629. Highway use tax evasion projects.
Sec. 1630. The United States opposes child labor.

                    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. General provisions.
Sec. 2112. Certification requirements.

             Subtitle B--Improving Frequency and Ridership

Sec. 2201. Multi-jurisdictional bus frequency and ridership competitive 
              grants.
Sec. 2202. Incentivizing frequency in the urban formula.

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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.

                     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.

               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.

                   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.

                     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.

               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.

       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.

                   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.

       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. Certification on ensuring no human rights abuses.

                  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.

  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.

                            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.

                        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.

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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.

               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.

                          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.

                         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.

      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.

                    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.

                   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.

                      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.

       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.

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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.

                     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.

            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.

               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.

                 Chapter 9--Loan Program Office Reform

Sec. 33181. Loan program office title XVII reform.

                     Subtitle B--Energy Efficiency

                 Chapter 1--Energy Efficiency Retrofits

                          subchapter a--homes

Sec. 33201. Definitions.
Sec. 33202. Establishment of Home Energy Savings Retrofit Rebate 
              Program.
Sec. 33203. Partial system rebates.
Sec. 33204. State administered rebates.
Sec. 33205. Evaluation reports to Congress.
Sec. 33206. Administration.
Sec. 33207. Authorization of appropriations.

                     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.

                          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.

                    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.

                  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.

                    DIVISION H--ADDITIONAL PROGRAMS

Sec. 40001. National scenic byways program.
Sec. 40002.Authorization of appropriations for Department of Veterans 
              Affairs.

        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.

      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.

[[Page H2698]]

  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.

              Chapter 4--WATER JOB TRAINING AND EDUCATION

Sec. 81241. Water resource education.

                        Chapter 5--MISCELLANEOUS

Sec. 81251. Offset.
Sec. 81252. Delayed water project recommendations.

                   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.

                   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.

                     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.

                            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.

[[Page H2699]]

             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.

                        TITLE V--LABOR STANDARDS

Sec. 84701.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.

                Subtitle B--School Infrastructure Bonds

Sec. 90110. Application of Davis-Bacon Act requirements with respect to 
              certain exempt facility bonds.
Sec. 90111. Restoration of certain qualified tax credit bonds.
Sec. 90112. School infrastructure bonds.
Sec. 90113. Annual report on bond 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.

     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

[[Page H2700]]

     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

[[Page H2701]]

       (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

[[Page H2702]]

     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:

[[Page H2703]]

       (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. 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.

                   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.

[[Page H2704]]

       (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 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

[[Page H2705]]

       (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)--

[[Page H2706]]

       (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

[[Page H2707]]

     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--

[[Page H2708]]

       ``(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.

     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

[[Page H2709]]

     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

[[Page H2710]]

     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'';

[[Page H2711]]

       (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.

           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,

[[Page H2712]]

     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, or national security 
     functions; 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 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

[[Page H2713]]

     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 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 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 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

[[Page H2714]]

     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 (including installation and replacement) 
     of 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--

[[Page H2715]]

       ``(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).'';
       (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 1 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

[[Page H2716]]

     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)(1)--
       (A) by striking ``subsection (d)(1)(A)(ii) for each of 
     fiscal years 2016 through 2020'' and inserting ``subsection 
     (d)(1)(A)(iv) for each fiscal year'';
       (B) by inserting ``rural'' after ``functionally classified 
     as''; and
       (C) by inserting ``or local roads, or on critical rural 
     freight corridors designated under section 167(e)'' after 
     ``minor collectors''.
       (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

[[Page H2717]]

     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 1 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;

[[Page H2718]]

       ``(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.

[[Page H2719]]

       ``(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 five 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.

[[Page H2720]]

       ``(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 subsections (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;
       ``(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).

[[Page H2721]]

       ``(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.''.

                 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.--

[[Page H2722]]

       ``(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) 1 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 2 metropolitan areas with a 
     population of at least 500,000.
       ``(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.

[[Page H2723]]

       ``(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 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

[[Page H2724]]

     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, 1 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, 
     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;

[[Page H2725]]

       ``(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; or
       ``(bb) to reduce congestion at existing charging or fueling 
     infrastructure in high-traffic locations;
       ``(iii) meet current or anticipated market demands for 
     charging or fueling infrastructure;
       ``(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; and
       ``(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; 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.''.

     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;

[[Page H2726]]

       ``(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.''.
       (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 1 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

[[Page H2727]]

     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); or
       (4) 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 1 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.

[[Page H2728]]

       (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;

[[Page H2729]]

       (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 2 or more 
     communities, metropolitan areas, or States;
       (2) an applicant has adequately considered or will 
     consider, including through the opportunity

[[Page H2730]]

     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 1 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'';

[[Page H2731]]

       (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'';

[[Page H2732]]

       (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.
       (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); 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.

[[Page H2733]]

       (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.
       (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.

     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.
       ``(ii) High-commuter corridor.--The term `high-commuter 
     corridor' means a Federal lands transportation facility 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;

[[Page H2734]]

       ``(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; and
       ``(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.''.

     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

[[Page H2735]]

       (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

[[Page H2736]]

     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.

[[Page H2737]]

       (4) Members.--
       (A) Appointments.--The Task Force shall consist of 14 
     members, consisting of--
       (i) the 2 co-chairs described in subparagraph (B);
       (ii) 6 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) 6 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) 1 representative from a State department of 
     transportation;
       (ii) 1 representative from a local government;
       (iii) 1 representative from a Tribal government;
       (iv) 1 representative from a broadband provider;
       (v) 1 representative from a State or local broadband 
     provider;
       (vi) 1 representative from a labor union; and
       (vii) 1 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 
     1 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).

     SEC. 1604. BALANCE EXCHANGES FOR INFRASTRUCTURE PROGRAM.

       (a) In General.--Chapter 1 of title 23, United States Code, 
     is further amended by adding at the end the following:

     ``Sec. 174. Balance Exchanges for Infrastructure Program

       ``(a) Definitions.--In this section:
       ``(1) Administratively allocated.--The term 
     `administratively allocated' means the allocation by the 
     Secretary of budget authority for a project under the TIFIA 
     program that occurs when--
       ``(A) a potential applicant has been invited into the 
     creditworthiness phase for a project under the TIFIA program; 
     or
       ``(B) the project is subject to a master credit agreement 
     (as defined in section 601(a)), in accordance with section 
     602(b)(2).
       ``(2) Appalachian state.--The term `Appalachian State' 
     means a State that contains 1 or more counties in the 
     Appalachian region (as defined in section 14102(a) of title 
     40).
       ``(3) Program.--The term `program' means the Balance 
     Exchanges for Infrastructure Program established under 
     subsection (b).
       ``(4) TIFIA carryover balance.--
       ``(A) In general.--The term `TIFIA carryover balance' means 
     the amounts made available for the TIFIA program for previous 
     fiscal years that are unobligated and have not been 
     administratively allocated.
       ``(B) Inclusion.--The term `TIFIA carryover balance' 
     includes--
       ``(i) the applicable amount of contract authority for the 
     amounts described in subparagraph (A); and
       ``(ii) the equivalent amount of obligation limitation for 
     the fiscal year in which the Secretary makes a transfer under 
     subsection (f)(2).
       ``(5) TIFIA program.--The term `TIFIA program' has the 
     meaning given the term in section 601(a).
       ``(b) Establishment.--The Secretary shall establish a 
     program, to be known as the `Balance Exchanges for 
     Infrastructure Program', in accordance with this section to 
     provide flexibility for the Secretary and States to improve 
     highway infrastructure.
       ``(c) Offer To Fund Projects or Exchange Funds.--
       ``(1) Solicitation.--For each fiscal year for which an 
     amount is reserved under subsection (f)(1), the Secretary 
     shall--
       ``(A) not later than December 1 of that fiscal year--
       ``(i) solicit requests from Appalachian States to return 
     amounts under subsection (d)(1)(A); and
       ``(ii) solicit applications from Appalachian States for 
     grants under subsection (e); and
       ``(B) require that, not later than 60 days after the date 
     of the solicitations under subparagraph (A), each Appalachian 
     State that elects to participate in the program shall submit 
     to the Secretary either--
       ``(i) a request that describes the amount that the 
     Appalachian State requests to return under subsection 
     (d)(1)(A); or
       ``(ii) an application for a grant under subsection (e).
       ``(d) Exchange Agreements.--
       ``(1) In general.--The Secretary shall enter into an 
     agreement with each Appalachian State that submits a request 
     under subsection (c)(1)(A)(i) under which--
       ``(A) the Appalachian State shall return to the Secretary 
     all, or at the discretion of the Appalachian State, a portion 
     of, the unobligated amounts from the Highway Trust Fund 
     (including the applicable amount of contract authority and an 
     equal amount of special no-year obligation limitation 
     associated with that contract authority) apportioned to the 
     Appalachian State for the Appalachian development highway 
     system under section 14501 of title 40 (but not including any 
     amounts made available by an appropriations Act without an 
     initial authorization); and
       ``(B) the Secretary shall transfer to the Appalachian 
     State, from amounts transferred to the program under 
     subsection (f)(2) for that fiscal year, an amount (including 
     the applicable amount of contract authority and an equal 
     amount of annual obligation limitation) equal to the amount 
     that the Appalachian State returned under subparagraph (A) 
     that shall be used to carry out projects described in 
     paragraph (3).
       ``(2) State limitation.--The amount of contract authority 
     returned by an Appalachian State under paragraph (1)(A) may 
     not exceed the amount of the special no-year obligation 
     limitation available to the Appalachian State prior to the 
     return of the special no-year obligation limitation under 
     that paragraph.
       ``(3) Eligible projects.--
       ``(A) In general.--A project eligible to be carried out 
     using funds transferred to an Appalachian State under 
     paragraph (1)(B) is a project described in subsections (b) 
     and (c) of section 133.
       ``(B) Federal share.--The Federal share of the cost of a 
     project carried out using funds transferred to an Appalachian 
     State under paragraph (1)(B) shall be up to 100 percent, at 
     the discretion of the Appalachian State.
       ``(C) Application of section 133.--Except as otherwise 
     provided in this paragraph, section 133 shall not apply to a 
     project carried out using funds transferred to an Appalachian 
     State under paragraph (1)(B).
       ``(4) Total limitation.--For each fiscal year, the total 
     amount exchanged under paragraph (1) shall not exceed the 
     amount available to be transferred to the program under 
     subsection (f).
       ``(5) Amounts exchanged.--For each fiscal year, if the 
     total amount requested by all Appalachian States to return 
     under paragraph (1)(A) is greater than the amount described 
     in paragraph (4), the Secretary shall exchange amounts under 
     paragraph (1) based on the proportion that--
       ``(A) the amount requested to be returned for the fiscal 
     year by the Appalachian State; bears to
       ``(B) the amount requested to be returned for the fiscal 
     year by all Appalachian States.
       ``(e) Appalachian Development Highway System Corridor 
     Grants.--
       ``(1) In general.--Using amounts returned to the Secretary 
     under subsection (d)(1)(A), the Secretary shall provide 
     grants of contract authority, to remain available until 
     expended, and subject to special no-year obligation 
     limitation, on a competitive basis to Appalachian States for 
     eligible projects described in paragraph (2).
       ``(2) Eligible project.--A project eligible to be carried 
     out with a grant under this subsection is a project that is--
       ``(A) eligible under section 14501 of title 40 as of the 
     date of enactment of this section; and
       ``(B) reasonably expected to begin construction by not 
     later than 2 years after the date of obligation of funds 
     provided under this subsection for the project.
       ``(3) Application.--To be eligible to receive a grant under 
     this subsection, an Appalachian

[[Page H2738]]

     State shall submit to the Secretary an application at such 
     time, in such manner, and containing such information as the 
     Secretary may require.
       ``(4) Federal share.--The Federal share of the cost of a 
     project carried out using a grant provided under this 
     subsection shall be up to 100 percent, at the discretion of 
     the Appalachian State.
       ``(5) Limitation.--An Appalachian State that enters into an 
     agreement to exchange funds under subsection (d) for any 
     fiscal year shall not be eligible to receive a grant under 
     this subsection.
       ``(f) Transfer From TIFIA Program.--
       ``(1) In general.--On October 1 of each fiscal year, the 
     Secretary shall reserve, for the purpose of funding transfers 
     under paragraph (2) until the transfers are completed, the 
     amount of TIFIA carryover balance that exceeds the amount 
     available to carry out the TIFIA program for that fiscal 
     year.
       ``(2) Transfers.--For each fiscal year, not later than 60 
     days after the date on which the Secretary receives the 
     responses to the solicitations under subsection (c)(1), the 
     Secretary shall transfer from the TIFIA program to the 
     program an amount of contract authority and equal amount of 
     obligation limitation that is equal to the lesser of--
       ``(A) the total amount requested by all Appalachian States 
     for the fiscal year under subsection (c)(1)(B)(i);
       ``(B) the total amount requested by all Appalachian States 
     for grants under subsection (c)(1)(B)(ii); and
       ``(C) the amount reserved under paragraph (1).''.
       (b) Clerical Amendment.--The analysis for chapter 1 of 
     title 23, United States Code, is further amended by adding at 
     the end the following:

``174. Balance Exchanges for Infrastructure Program.''.

     SEC. 1605. 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. 1606. 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. 1607. 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.

[[Page H2739]]

       (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. 1608. 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. 1609. 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. 1610. 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 1 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. 1611. 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

[[Page H2740]]

     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. 1612. 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. 1613. 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. 1614. 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 1 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) Metropolitan planning organizations and regional 
     planning organizations.
       (H) Indian Tribes, including Tribal elected leadership or 
     Tribal transportation officials.
       (I) 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. 1615. 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. 1616. 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. 1617. 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

[[Page H2741]]

       (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. 1618. 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. 1619. 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. 1620. 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. 1621. 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.
       (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; and
       (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.
       (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; 
     and
       (I) representatives of environmental justice groups.
       (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. 1622. 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.

[[Page H2742]]

  


     SEC. 1623. 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. 1624. 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. 1625. 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. 1626. 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 
     Interstate110;
       ``(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. 1627. 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. 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.

                    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;

[[Page H2743]]

       ``(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)''.

[[Page H2744]]

  


     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;

[[Page H2745]]

       (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 1 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:

[[Page H2746]]

       ``(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'';

[[Page H2747]]

       (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'';
       (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;
       (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);

             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

[[Page H2748]]

     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) 2 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.

[[Page H2749]]

       ``(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--

[[Page H2750]]

       ``(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

[[Page H2751]]

     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

[[Page H2752]]

     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.

       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.

                     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 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

[[Page H2753]]

     of the cost of an eligible project for the financing of buses 
     and related equipment for zero emission vehicles 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

[[Page H2754]]

       ``(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.
       ``(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) 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; or
       ``(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

       ``(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.
       ``(8) 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; and
       ``(VIII) in collaboration with the Administrator of the 
     Federal Transit Administration, the Bureau of Labor 
     Statistics, the Employment and Training Administration, 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.
       ``(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

[[Page H2755]]

       (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 (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, and fatalities, 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
       (3) 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 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.

[[Page H2756]]

       ``(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

[[Page H2757]]

     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.''.
       (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; and
       ``(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.
       ``(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;

[[Page H2758]]

       ``(ii) transit vehicle manufacturers;
       ``(iii) representatives from organizations engaged in 
     collective bargaining on behalf of transit workers in not 
     fewer than 3 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 3 
     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.

               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;

[[Page H2759]]

       ``(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 1 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'';

[[Page H2760]]

       (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; and
       ``(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

[[Page H2761]]

     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''.

                   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

[[Page H2762]]

       (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 and ethnicity of the driver; 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;

[[Page H2763]]

       (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)(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).'';
       (4) 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.'';
       (5) 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.'';

       (6) 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) and (C), 
     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).

[[Page H2764]]

       ``(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).'';
       (7) 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.''; and
       (8) 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''.

[[Page H2765]]

  


     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):

[[Page H2766]]

       ``(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.''.

               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

[[Page H2767]]

     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,

[[Page H2768]]

     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.

[[Page H2769]]

       (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 7 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 1 shall be a representative of large 
     trucking companies;
       (B) not fewer than 1 shall be a representative of mid-sized 
     trucking companies;
       (C) not fewer than 1 shall be a representative of small 
     trucking companies;
       (D) not fewer than 1 shall be a representative of nonprofit 
     organizations in the trucking industry;
       (E) not fewer than 1 shall be a representative of trucking 
     business associations;
       (F) not fewer than 1 shall be a representative of 
     independent owner-operators; and
       (G) not fewer than 1 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).

[[Page H2770]]

       (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.

       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; and
       (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) 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.

[[Page H2771]]

  


     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 2 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:

[[Page H2772]]

       ``(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 2 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.''.

[[Page H2773]]

       (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 1 
     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 2 grants under this section to 
     minority institutions, as such term is defined in section 365 
     of the Higher Education Act of 1965 (20 U.S.C. 1067k).
       ``(D) Focused research.--
       ``(i) In general.--In awarding grants under this section, 
     the Secretary shall select not less than 1 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

[[Page H2774]]

       ``(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--

[[Page H2775]]

       ``(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

[[Page H2776]]

     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 2 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

[[Page H2777]]

     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.''.

                   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

[[Page H2778]]

     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;''.

[[Page H2779]]

  


     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, 
     real estate, accessibility, municipal budgets, social equity, 
     availability and quality of jobs, 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 lane splitting; 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:

[[Page H2780]]

       ``(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 sections 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.

[[Page H2781]]

       (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);
       (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

[[Page H2782]]

     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

[[Page H2783]]

     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; and
       (E) academic experts on surface transportation.
       (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).
       (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; and
       (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.
       (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 3 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 research topics for further development and 
     best practices to improve seating.
       (3) 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

[[Page H2784]]

     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).

                  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'';
       (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

[[Page H2785]]

     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.

  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

[[Page H2786]]

       (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 3 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.''.

                            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, $3,500,000,000.
       (B) For fiscal year 2022, $3,300,000,000.
       (C) For fiscal year 2023, $3,100,000,000.
       (D) For fiscal year 2024, $2,900,000,000.
       (E) For fiscal year 2025, $2,900,000,000.
       (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 (114-94), Amtrak shall use up to $300,000,000 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

[[Page H2787]]

     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) $130,000,000 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:
       (1) For fiscal year 2021, $450,000,000.
       (2) For fiscal year 2022, $475,000,000.
       (3) For fiscal year 2023, $500,000,000.
       (4) For fiscal year 2024, $525,000,000.
       (5) 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; and
       ``(iv) the ability to meet existing or anticipated 
     passenger or service demand;
       ``(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.

[[Page H2788]]

       ``(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 1 or more States;
       ``(E) a political subdivision of a State; or
       ``(F) Amtrak, acting on its own behalf or under a 
     cooperative agreement with 1 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

[[Page H2789]]

     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 $125,000,000 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.''.

     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).

                        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) 8 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) 1 shall be a Mayor or Governor of a location served 
     by a regularly scheduled Amtrak service on the Northeast 
     Corridor;
       ``(ii) 1 shall be a Mayor or Governor of a location served 
     by a regularly scheduled Amtrak service that is not on the 
     Northeast Corridor;
       ``(iii) 1 shall be a labor representative of Amtrak 
     employees; and
       ``(iv) 2 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.'';

[[Page H2790]]

       (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 operating and capital 
     forecasting, 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

[[Page H2791]]

     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

[[Page H2792]]

     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 1 Amtrak ticket agent is employed at 
     each station building where at least 1 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 1 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--

[[Page H2793]]

       ``(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.''.

               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 2 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

[[Page H2794]]

     ``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

[[Page H2795]]

     the agreement under subsection (a), Amtrak shall enter into 
     an agreement with Metra for a five-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 five-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--

[[Page H2796]]

       (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 1 appropriately 
     qualified and certified conductor and 1 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 2-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

[[Page H2797]]

     (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);

[[Page H2798]]

       ``(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, 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

[[Page H2799]]

     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).

                          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:

[[Page H2800]]

       ``(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) 4.5 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.

     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 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:

[[Page H2801]]

       ``(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);''.

                         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

[[Page H2802]]

     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.

      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.

[[Page H2803]]

       ``(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).

[[Page H2804]]

       ``(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.

[[Page H2805]]

       ``(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 $25,000,000 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 9 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;

[[Page H2806]]

       ``(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;

[[Page H2807]]

       ``(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'';

[[Page H2808]]

       (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 2 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--

[[Page H2809]]

       ``(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

[[Page H2810]]

       ``(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.

[[Page H2811]]

       ``(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:

[[Page H2812]]

       ``(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.''.

                    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.

[[Page H2813]]

       (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) Office.--The term ``Office'' means the Office of 
     Internet Connectivity and Growth established pursuant to 
     section 31101.
       (15) 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)).
       (16) 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.).
       (17) 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)).
       (18) Tribally designated entity.--The term ``tribally 
     designated entity'' means an entity designated by an Indian 
     Tribe to carry out activities under this subtitle.
       (19) 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.
       (20) Universal service mechanism.--The term ``universal 
     service mechanism'' means any funding stream provided by a 
     Universal Service Fund program to support broadband service 
     deployment.
       (21) 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.
       (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.
       (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).

[[Page H2814]]

  


     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.

                   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.
       (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.

[[Page H2815]]

       (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

[[Page H2816]]

     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; and
       (C) developing the report required under section 31123(a); 
     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

[[Page H2817]]

       (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 1 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;

[[Page H2818]]

       (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

[[Page H2819]]

     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); or
       (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.
       (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

[[Page H2820]]

     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--

[[Page H2821]]

       (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.

                      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

[[Page H2822]]

     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

[[Page H2823]]

     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 4-person 
     household that includes 2 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.

[[Page H2824]]

       ``(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.
       ``(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.
       ``(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.''.

       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--

[[Page H2825]]

       (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 2 rating 
     agencies on debt senior to the Federal credit instrument; and
       (iii) a rating from at least 2 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 1 
     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

[[Page H2826]]

       (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)

[[Page H2827]]

     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

[[Page H2828]]

     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 5 
     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.

                   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

[[Page H2829]]

       ``(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,

[[Page H2830]]

     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.

                     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.--

[[Page H2831]]

       (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

[[Page H2832]]

     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;
       ``(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.

[[Page H2833]]

     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 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.
       (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.

[[Page H2834]]

       (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.

            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 two 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) 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.
       ``(f) 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''.

               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.

[[Page H2835]]

       (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; and
       (B) adopt long-term cost, performance, and implementation 
     targets for specific applications of energy storage systems.
       (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.--

[[Page H2836]]

       (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.
       (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 6 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--

[[Page H2837]]

       (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).

[[Page H2838]]

  


          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

[[Page H2839]]

     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

[[Page H2840]]

     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

[[Page H2841]]

     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).

                 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.--

[[Page H2842]]

       ``(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 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.''.

                     Subtitle B--Energy Efficiency

                 CHAPTER 1--ENERGY EFFICIENCY RETROFITS

                          Subchapter A--HOMES

     SEC. 33201. DEFINITIONS.

       In this subchapter:
       (1) 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.
       (2) 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 six months out of the year.
       (3) 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 33202.
       (4) Homeowner.--The term ``homeowner'' means the owner of 
     an owner-occupied home or a tenant-occupied home.
       (5) 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, a window 
     unit, and a chiller.
       (6) Measured performance rebate.--The term ``measured 
     performance rebate'' means a rebate provided in accordance 
     with section 33204 and described in subsection (e) of that 
     section.
       (7) Modeled performance rebate.--The term ``modeled 
     performance rebate'' means a rebate provided in accordance 
     with section 33204 and described in subsection (d) of that 
     section.
       (8) Partial system rebate.--The term ``partial system 
     rebate'' means a rebate provided in accordance with section 
     33203.
       (9) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (10) 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.
       (11) 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).

     SEC. 33202. 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 33203; and
       (2) provide grants to States to carry out programs to 
     provide rebates in accordance with section 33204.

     SEC. 33203. 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 up to--
       (1) $800 for the installation of insulation and air sealing 
     within a home of the homeowner; or
       (2) $1,500 for the 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 not exceed 30 percent of cost of 
     installation of insulation and air sealing under subsection 
     (a)(1), 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, 
     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

[[Page H2843]]

     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 33206(c) 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, to carry out this 
     section, the Secretary may not use more than 50 percent of 
     the amounts made available to carry out this subchapter.
       (2) Allocation.--The Secretary shall allocate amounts made 
     available to carry out this section for partial system 
     rebates in 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. 33204. 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 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;
       (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 
     usage 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 utilizes--
       (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 includes 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 includes 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 includes 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 provides 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 33203, 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.--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.--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.--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.--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, 
     utilities, State-sponsored nonprofits, and other entities--
       (1) to assist in marketing the availability of the rebates 
     under the applicable State program;

[[Page H2844]]

       (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. 33205. 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 subchapter.
       (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 subchapter; 
     and
       (6) any other information the Secretary considers 
     appropriate.

     SEC. 33206. 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 subchapter.
       (b) 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.
       (c) Information Collection.--The Secretary shall establish, 
     and make available to a homeowner, or the homeowner's 
     designated representative, seeking a rebate under this 
     subchapter, 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. 33207. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary to carry out this subchapter $1,000,000,000 for 
     each of fiscal years 2021 through 2025, to remain available 
     until expended.
       (b) 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.
       (c) 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 subchapter, taking into account any factors that the 
     Secretary determines to be appropriate.

                     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

[[Page H2845]]

     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

[[Page H2846]]

     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--

[[Page H2847]]

       (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''; and
       (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 one 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.''.

[[Page H2848]]

  


     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); and
       ``(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;
       ``(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.''.

                          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'';
       (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.''.

[[Page H2849]]

       (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, $65,000,000 for each of fiscal 
     years 2021 through 2025, of which not less than $15,000,000 
     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.''.

                    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

[[Page H2850]]

     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) $75,000 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.

[[Page H2851]]

       (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 240 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.--

[[Page H2852]]

     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) 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.

[[Page H2853]]

       ``(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
       (2) 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--

[[Page H2854]]

       ``(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
       ``(ii) 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.

                  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; and
       (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 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

[[Page H2855]]

     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.
       ``(4) 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. Appendix) 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 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. Appendix) 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.''.

[[Page H2856]]

  


     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. Appendix) 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.

                    DIVISION H--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).

        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. 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 1 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.

     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 II--COMMITTEE ON FINANCIAL SERVICES

     SECTION 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

[[Page H2857]]

     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 35 percent and not more than 
     75 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, including investments that address lead 
     hazards, other urgent health and safety concerns, and such 
     other priorities as the Secretary may identify.
       (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; 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-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 F.R. 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

[[Page H2858]]

     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-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 F.R. 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; or
       (3) 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 5 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;

[[Page H2859]]

       (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.

     DIVISION III--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 Act 
     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;

[[Page H2860]]

       (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

[[Page H2861]]

       (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--

[[Page H2862]]

       (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

[[Page H2863]]

       (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 five-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

[[Page H2864]]

     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 IV--PUBLIC LANDS, TRIBAL COMMUNITIES, AND RESILIENT NATURAL 
                             INFRASTRUCTURE

     SEC. 80000. TABLE OF CONTENTS.

       The table of contents for this division is as follows:

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.

              Chapter 4--WATER JOB TRAINING AND EDUCATION

Sec. 81241. Water resource education.
Sec. 81242. Water sector career grant programs.

                        Chapter 5--MISCELLANEOUS

Sec. 81251. Offset.
Sec. 81252. Delayed water project recommendations.

                   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.

                   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.
Sec. 82104. Clarification of cooperative agreement authority of the 
              Secretary of Agriculture.

                      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.

                     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.

                            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.

[[Page H2865]]

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.

                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. 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

[[Page H2866]]

     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

[[Page H2867]]

     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); and
       (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;

[[Page H2868]]

       (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

[[Page H2869]]

     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

[[Page H2870]]

     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;
       (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; and
       (C) any reference contained in those sections to 
     subsections (b), (f)(1), or (g) shall be considered to be a 
     reference to paragraph (5) of this subsection.
       (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 
     paragraphs (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

[[Page H2871]]

     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;

[[Page H2872]]

       (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 2 or more water systems;
       (8) technical assistance, planning, and design for any of 
     the activities described in paragraph (1) through (8); or
       (9) any combination of activities described in paragraphs 
     (1) through (9).
       (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 .

                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 1 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).

[[Page H2873]]

       (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

[[Page H2874]]

       (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'';
       (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 1 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 1 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 1 key migrant species and 2 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.

[[Page H2875]]

       (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''.

              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--

[[Page H2876]]

       (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.

                   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''.

                   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)--

[[Page H2877]]

       (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;

[[Page H2878]]

       (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

[[Page H2879]]

       (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,

[[Page H2880]]

     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.

[[Page H2881]]

       (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:

[[Page H2882]]

       (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 Appropraitions.--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.

                     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

[[Page H2883]]

     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;
       (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

[[Page H2884]]

     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.--

[[Page H2885]]

       (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 1 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 1 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 2 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.--

[[Page H2886]]

       (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 1 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 1 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) 2 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 3 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--

[[Page H2887]]

       (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 3 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 3 voluntary representatives of private 
     landowners with property in the applicable region, not less 
     than 1 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

[[Page H2888]]

     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.

                            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

[[Page H2889]]

     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),

[[Page H2890]]

     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)'';

[[Page H2891]]

       (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 two 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).

[[Page H2892]]

       (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. 
     668-668d); 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''.

[[Page H2893]]

       (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,

[[Page H2894]]

     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 twelve 
     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).

[[Page H2895]]

       ``(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).''.

                        TITLE V--LABOR STANDARDS

     SEC. 84701. 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 V--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. Exempt-facility bonds for sewage and water supply 
              facilities.
Sec. 90109. Qualified highway or surface freight transfer 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.

    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.

[[Page H2896]]

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.

                   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:
The applicable percentage is:d 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

[[Page H2897]]

     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 1st advance refunding of the original bond if the 
     original bond is issued after 1985, or
       ``(II) the 1st or 2nd 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

[[Page H2898]]

       (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).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to obligations issued after the date of the 
     enactment of this Act.

     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

[[Page H2899]]

     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.

[[Page H2900]]

       (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.

    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.--

[[Page H2901]]

       ``(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 FR 3176; 
     5 U.S.C. Appendix) 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.

[[Page H2902]]

       ``(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 FR 3176; 5 U.S.C. Appendix) 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,
       ``(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

[[Page H2903]]

     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--

[[Page H2904]]

       ``(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'',
       (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.--

[[Page H2905]]

       (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,
       ``(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, and
       ``(B) for the case of property described in subparagraph 
     (D) of subsection (d)(3), $400, and
       ``(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

[[Page H2906]]

       (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'

[[Page H2907]]

     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.

[[Page H2908]]

       ``(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--

[[Page H2909]]

       ``(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 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.

[[Page H2910]]

       (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 1 substantially 
     similar project.--The Secretary of Labor may make 
     certifications under this paragraph which apply with respect 
     to more than 1 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

[[Page H2911]]

     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'.''.

[[Page H2912]]

       (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.

[[Page H2913]]

  


     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 1 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.

[[Page H2914]]

  


                 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 1 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

[[Page H2915]]

     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 section 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.

[[Page H2916]]

       ``(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''.

[[Page H2917]]

  


     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

[[Page H2918]]

     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).
  The SPEAKER pro tempore. The bill, as amended, shall be debatable for 
2 hours equally divided and controlled by the chair and ranking 
minority member of the Committee on Transportation and Infrastructure.
  The gentleman from Oregon (Mr. DeFazio) and the gentleman from 
Missouri (Mr. Graves) each will control 60 minutes.
  The Chair recognizes the gentleman from Oregon.

                              {time}  1315


                             General Leave

  Mr. DeFAZIO. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous material on H.R. 2.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Oregon?
  There was no objection.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, our Nation is simultaneously confronted with multiple 
crises. COVID, we have passed four bills in this House to deal with 
COVID directly in terms of medical care, potential for vaccines, 
treatments, and mitigation of the incredible economic harm. The fourth 
bill is still lingering with an uncertain future in the Senate.
  Then the murder of George Floyd brought a long-simmering crisis to a 
head for our Nation. Last week this House passed the Justice in 
Policing Act to deal with systemic racism in policing.
  This bill deals with another crisis. Denied by the President and 
denied by most in his party is the existential threat of climate change 
to the world as we know it, to our Nation, to our coastal areas, to our 
inland areas, to everything, our crops, our future, our children's 
future and our grandkids' future.
  So before us today is a long overdue transportation, comprehensive, 
21st century--the first 21st century--transportation bill that moves 
beyond the Eisenhower era and just reauthorizing the same old programs 
all the time. It also deals with the incredibly deteriorated 
infrastructure in this country. There is bipartisan agreement that it 
needs investment. But the last bill we did in the House was status quo 
funding. We need to invest much more to begin to deal with that crisis.
  This bill also deals with the other crises. It deals with COVID in 
terms of we are going to need an economic recovery. This is going to 
look a lot more like--it already does--the Great Depression, and we are 
going to need to put people back to work. We are going to need millions 
of good-paying jobs. These aren't just construction jobs, they are 
design, they are engineering, they are small businesses, and they are 
manufacturing. There is a host of people--everybody will be touched by 
this bill, and the investments will provide returns many, many times 
over.
  It also targets the largest single contributor to CO2 
pollution in this country. Now, Mr. Speaker, if you don't believe in 
climate change and you don't believe CO2 is the problem, 
then you don't want to deal with it in a transportation bill. In fact, 
an alternative was offered by my Republican colleagues in committee 
where we considered 300 amendments. They had one that was a substitute. 
It wouldn't reduce carbon pollution by 1 ounce.
  There is no crisis, there is no climate change. Donald Trump said so, 
and you can't cross the guy.
  So we wove the climate change provisions throughout this bill. They 
complained: Well, it is not bipartisan. But we have a disagreement in 
principle, and you can't compromise on principle.
  We are going to deal with the largest source of carbon pollution in 
the United States of America here and now, today, this week. We are 
starting. We have delayed too long. We are already at dangerous levels.
  It also is going to deal with systemic racism and discrimination in 
the parts of the bill that deal with education, housing, and access to 
transportation, but in one particular provision that is critical to the 
Transportation and Infrastructure Committee, the disadvantaged business 
enterprise program. The committee has for years accumulated evidence 
and testimony attesting to systemic discrimination faced by women and 
minorities in their attempts to establish, grow, and operate businesses 
all across the country.
  The challenges are daunting. Discrimination affects minority and 
women entrepreneurs at every stage of the process from access to 
investment, to credit, to biased treatment from customers, suppliers, 
and regulators, to acute vulnerability to sudden economic downturns as 
we have seen with the COVID crisis.
  Unfortunately, even with the existing DBE program, discrimination 
still haunts us in the market to construct and maintain our Federal 
transportation system. We have documented this in testimony, and today 
we have and will provide mounds of statistical evidence documenting 
this.
  Mr. Speaker, I include in the Record a list of 30 cities.

 Disparity Study Reports Submitted to the Congressional Record During 
  General Debate on H.R. 2, Submitted on the House Floor June 30, 2020

 (The full text of each report is held on file electronically with the 
            Committee on Transportation and Infrastructure.)

       Texas Department of Transportation Disparity Study 2019, 
     Colette Holt & Associates, 2019.
       City of Columbus Disparity Study, Mason Tillman Associates, 
     Ltd., July 2019.
       2018 Disparity Study City of Virginia Beach, BBC Research & 
     Consulting, January, 2019.
       City of Tacoma Disparity Study, Final Report, Griffin and 
     Strong, P.C., August, 2018.
       Metro Nashville Tennessee Disparity Study Final Report, 
     Griffin and Strong, P.C., August, 2018.
       Disadvantaged Business Enterprise Disparity Study, Volumes 
     1-3, Prepared for the State of Maryland, NERA Economic 
     Consulting, June 25, 2018.
       City of New York Disparity Study, MGT Consulting Group, May 
     2018.
       2017 Minnesota Joint Disparity Study--Minnesota Department 
     of Transportation Draft Report, Keen Independent Research, 
     January, 2018.
       2017 Disparity Study LA Metro, prepared for the Los Angeles 
     County Metropolitan Transportation Authority (LA Metro), BBC 
     Research & Consulting, January, 2018.
       Washington State Department of Transportation Disparity 
     Study 2017, Colette Holt & Associates, 2017.
       2017 Disparity Study City of Charlotte, BBC Research & 
     Consulting, November 7, 2017.
       State of New York 2016 MWBE Disparity Study Final Report, 
     Volume 1, Mason Tillman Associates, Ltd., June 2017.
       Disparity Study, Idaho Department of Transportation, BBC 
     Research and Consulting, May 4, 2017.
       Caltrans 2016 Disparity Study, prepared for the California 
     Department of Transportation (Caltrans), BBC Research & 
     Consulting, April 28, 2017.
       San Francisco Bay Area Rapid Transit District Disparity 
     Study, Volumes 1-2, Miller3 Consulting Inc., January 12, 
     2017.
       KCATA Disadvantaged Business Enterprise Availability Study 
     2016, prepared for the Kansas City Area Transportation 
     Authority, Kansas City, MO, Colette Holt and Associates, 
     2016.
       Disparity Study, prepared for the Georgia Department of 
     Transportation, Griffin and Strong, P.C., August, 2016.
       2016 Availability and Disparity Study, prepared for the 
     State of Montana Department of Transportation in cooperation 
     with the US Department of Transportation Federal Highway 
     Administration, Keen Independent Research, July, 2016.
       Oregon Department of Transportation 2016 Availability and 
     Disparity Study, Keen Independent Research, June, 2016.
       City of Philadelphia Fiscal Year 2015 Annual Disparity 
     Study, Econsult Solutions, June 8, 2016.
       Disparity Study for Corpus Christi and CCRTA: Analysis of 
     the Availability of Minority- and Women-Owned Businesses and 
     Their Utilization By the Corpus Christi Regional 
     Transportation Authority, Corpus

[[Page H2919]]

     Christi Regional Transportation Authority, Texas A&M 
     University Corpus Christi-South Texas Economic Development 
     Center, March, 2016.
       2015-16 Ohio Public Authorities Disparity Study, prepared 
     for the Ohio Department of Transportation, BBC Research & 
     Consulting, April, 2016.
       Ilinois State Toll Highway Authority Disparity Study--
     Construction and Construction Related Services 2015, Colette 
     Holt & Associates, 2015.
       Pace Suburban Bus Disparity Study 2015, Colette Holt & 
     Associates, 2015.
       Arizona Department of Transportation Disparity Study 
     Report, Keen Independent Research, July 28, 2015.
       North Carolina Department of Transportation Disparity Study 
     2014, Colette Holt & Associates, 2014.
       Business Market Availability and Disparity Study, prepared 
     for the California High-Speed Rail Authority, Mason Tillman 
     Associates, Ltd., June, 2014.
       Nevada Department of Transportation Disparity Study Final 
     Report, Keen Independent Research, December 6, 2013.
       City and County of Denver Minority/Women Owned/
     Disadvantaged Business Enterprise Disparity Study, MGT of 
     America, July 29, 2013.
       Disadvantaged Business Enterprise Disparity Study, Volumes 
     I-III, prepared for the Maryland Department of 
     Transportation, NERA Economic Consulting, July 5, 2013.
  Mr. DeFAZIO. Finally, Mr. Speaker, we get to the issue at hand, the 
INVEST in America Act which is the core of this infrastructure package. 
It is the biggest part, but there are many other very important things.
  The President, as a candidate, campaigned on infrastructure. That 
gave us some bipartisan hope. We met with him a year ago last March at 
the White House:
  He asked the Speaker: Well, Nancy, what are you thinking?
  She said: Well, $1 trillion to $1.3 trillion.
  The President said: No. No. $2 trillion.
  Okay. He bid us up.
  We said: Good. We could spend that money productively.
  Then we said: Okay, what do we define as infrastructure?
  Here is what the list was: highways, bridges, transit, rail, 
wastewater, drinking water and broadband.
  Those things are in this package at near the level that he asked 
because his number was a 10-year number for $2 trillion. We are close 
to $1 trillion with those things in this package.
  So there have been seven infrastructure weeks under the Trump 
administration. The only product they have produced that directly 
addresses transportation infrastructure are their annual budgets, each 
of which has proposed dramatic cuts in investment in transportation 
infrastructure. Never, never--we have heard they are on the cusp for 
producing a $1 trillion bill, now it is a $2 trillion bill.
  Where is it?
  Where is the alternative?
  If it is their alternative, then it is status quo funding and nothing 
that deals with climate change. I don't know where it is. This is the 
beginning of the real infrastructure week.
  Mr. Speaker, I rise today in support of H.R. 2, the Moving Forward 
Act.
  America's infrastructure is in crisis. As Chair of the Transportation 
and Infrastructure Committee, I've been sounding the alarm for some 
time now about the need to make massive investments in our crumbling 
infrastructure so we create jobs and safer, smarter transportation 
systems, and so we can cut the carbon pollution that is taking an 
enormous toll on the public health of our families and our planet.
  Given what we've seen over the past few months--from a global 
pandemic and the resulting economic collapse, to the urgent need to 
address generations of structural and systematic racism--it has never 
been so apparent that we need bold action to rebuild America.
  I'd like to take a moment to discuss one reason why this Moving 
Forward Act is so important. This bill once again reauthorizes the 
urgently needed Disadvantaged Business Enterprise, or DBE, program at 
the Department of Transportation.
  In case it's not obvious to the casual observer, discrimination is 
alive and well in this country. The death of George Floyd at the hands 
of Minneapolis police, the ensuing protests, and the police response--
these events have all shed more light on the large disparities 
minorities face in our criminal justice system.
  Unfortunately, those disparities are not limited to the criminal 
justice system. For many years this Committee, and other Members of 
Congress, have gathered evidence and testimony attesting to systemic 
discrimination faced by women and minorities in their attempts to 
establish, grow and operate businesses all across the country. The 
challenges are daunting, and discrimination affects minority and women 
entrepreneurs at every stage of the process, from access to investment 
dollars and credit, to biased treatment from customers, suppliers and 
regulators, to acute vulnerability to sudden economic downturns such as 
we've seen in the face of Covid-19.
  Unfortunately, even with the DBE Program, discrimination still haunts 
us in the market to construct and maintain our federal surface 
transportation system. We hear about it from constituents and others 
who work as contractors in the transportation industry. We've read 
about it in personal statements submitted by women- and minority- small 
business owners from across the country. And we see it reflected in 
mounds of statistical evidence compiled by my Committee. This evidence 
includes many thousands of pages of rigorous statistical analysis 
demonstrating clear disparities between the capacity of minority- and 
women-owned businesses to compete for Federal dollars, and the 
utilization of that capacity by Federal contractors.
  Today, I'd like to submit just a sample of this evidence to the 
Congressional Record in support of the reauthorization of this 
essential program.
  The Moving Forward Act is a game-changer--because it's an investment 
in workers, families, and communities.
  As Chair of the Transportation and Infrastructure Committee, I'm 
particularly focused on investing in our roads, bridges, transit, rail, 
and water systems.
  In the Moving Forward Act, we do that by modernizing the crumbling 
roads and bridges we already have.
  We address bottlenecks and gridlock, while building out the 
infrastructure for low- and zero-emission vehicles and encourage 
transit-oriented housing.
  We give people better and more reliable public transit options, 
whether you're trying to get across town on a bus or on light-rail, or 
going hundreds or even thousands of miles on Amtrak.
  We encourage smarter road designs to bring down the sharp rise in 
pedestrian and cyclist deaths, and make sure our roads are safer in 
rural areas and for kids who need safe routes to school.
  We invest in new technologies, projects, and construction materials 
that are efficient and resilient--so that when we build a new bridge, 
we know it will last for decades, not just until the next extreme 
weather event.
  In summary, the INVEST in America Act, which is the centerpiece of 
the Moving Forward framework, provides nearly $500 billion over five 
years to bring our nation's crumbling infrastructure to a state of good 
repair, improve resiliency, address climate change, improve safety and 
provide investments in both rural and low-income communities who need 
it most.
  Add to that the $1 trillion in additional investment in schools, 
housing, broadband access, drinking and wastewater infrastructure, 
airports, ports and more, and you have a package that will make a huge 
impact on our economy.
  This is exactly the kind of investment we need to help our economy 
recover from the current pandemic. I hope my colleagues will join me in 
supporting this legislation.
  Mr. Speaker, as I mentioned previously, H.R. 2 once again 
reauthorizes the urgently needed Disadvantaged Business Enterprise, or 
DBE, program at the Department of Transportation.
  Unfortunately, even with the DBE Program, discrimination still haunts 
us in the market to construct and maintain our federal surface 
transportation system. We hear about it from constituents and others 
who work as contractors in the transportation industry. We've read 
about it in personal statements submitted by women- and minority- small 
business owners from across the country. And we see it reflected in 
mounds of statistical evidence compiled by my Committee. This evidence 
includes many thousands of pages of rigorous statistical analysis 
demonstrating clear disparities between the capacity of minority- and 
women-owned businesses to compete for Federal dollars, and the 
utilization of that capacity by Federal contractors.
  These studies represent thousands of pages of complex rigorous 
analysis by many different authors in every region of our nation. And 
while the findings are better than in the early days of the DBE 
program, we still have a long way to go. I'd like to just highlight a 
tiny fraction of the information found in these studies:
  Just so my colleagues don't think I am picking on their states, let 
me start with Oregon. The 2016 ODOT Disparity Study found that women- 
and minority-owned firms only won 61 cents on the dollar of what we 
would expect given their availability on state and federally funded 
highway contracts. Non-minority women, African Americans and Native 
Americans did even worse at 52 cents, 58 cents and 49 cents 
respectively. (Oregon Department of Transportation 2016 Availability 
and Disparity Study, Keen Independent Research, June, 2016, at 7-12.)
  In Texas DOT spending, women and minority own firms as a group won 
only 60 cents on

[[Page H2920]]

the dollar of what we might have expected for state-funded 
transportation projects given their availability in the market. Non-
minority women, African Americans, Hispanic Americans and Native 
Americans all did worse. Indeed, African Americans won only 22 cents on 
the dollar and Native Americans won only 18 cents on the dollar. The 
numbers were even worse when considering only federal funds--32 cents 
on the dollar when considering FHWA contracts alone. Texas Department 
of Transportation Disparity Study 2019, Colette Holt & Associates, 
2019, at 94, 126.
  For Maryland, which has had one of the more robust and continuously 
operated DBE programs in the nation, DBEs still get only 70 cents on 
the dollar of combined federal and state transportation funding. For 
African Americans, the number is 50 cents, for Native Americans it's 43 
cents and for non-minority women, the number is 56 cents. Disadvantaged 
Business Enterprise Disparity Study, Volumes 1-3, Prepared for the 
State of Maryland, NERA Economic Consulting, June 25, 2018, at Vol. 1, 
p. 224.
  Sadly, in the transit industry, things are not much better. For 
instance, a recent analysis of contracting for the Los Angeles, 
California Metropolitan Transportation Authority, found that firms 
owned by women and minorities make about 74 cents on the dollar of what 
we would expect given their representation in the marketplace. For non-
minority women, the number was 59 cents and for African Americans it 
was 51 cents. 2017 Disparity Study LA Metro, prepared for the Los 
Angeles County Metropolitan Transportation Authority (LA Metro), BBC 
Research & Consulting, January, 2018, at 7-6.
  These same troubling statistics are repeated in cities and states 
that spend some of their budgets on surface transportation and similar 
construction and architecture and engineering projects. For instance, 
the 2018 study for the Nashville, Tennessee area found that M/WBEs got 
54 cents of every one dollar in construction prime contracting that we 
would expect given their availability in the market. Asian American 
firms were at 25 cents on the dollar. Firms owned by Hispanic Americans 
earned only 1 cent of every dollar we would expect for them receive 
given their marketplace availability. Metro Nashville Tennessee 
Disparity Study Final Report, Griffin and Strong, P.C., August, 2018, 
at 83.
  There's no doubt that things are better today than before the DBE 
Program--more firms owned by women and minorities get work than they 
did forty years ago. But the progress has been slow, halting and 
exceedingly fragile. One of the powerful things about the disparity 
study evidence we have collected is the diversity of approaches and 
analyses these documents provide. Some studies, for instance, not only 
study disparities and in the public and private surface transportation 
markets, but they also attempt to analyze what might occur if the DBE 
program no longer existed. One interesting example is found in the LA 
Metro study where they compared the participation of minority- and 
women-owned firms on contracts that had goals to encourage diverse 
participation and those that did not. The results are stunning: on 
contracts with goals, participation occurred at almost the level we 
would expect given the presence of minority- and women-owned firms in 
the marketplace; on contracts with goals, firms owned by minorities and 
women earned 96 cents on the dollar--on contracts without goals, they 
earned 53 cents on the dollar. The numbers are even more startling for 
certain subgroups: on contracts with goals, non-minority women actually 
exceeded parity (something that regularly occurs for firms owned by 
non-minority males, but rarely happens for firms owned by women and 
minorities). But on contracts without goals, firms owned by nonminority 
women earned only 37 cents on the dollar. Firms owned by Hispanic 
Americans approached parity on contracts with goals (98 cents on the 
dollar) but on contracts without goals, they earned only 59 cents on 
the dollar. African American owned firms earned only 64 cents on the 
dollar even on contracts with goals, and on contracts without goals the 
number plummeted to 30 cents on the dollar. 2017 Disparity Study LA 
Metro, prepared for the Los Angeles County Metropolitan Transportation 
Authority (LA Metro), BBC Research & Consulting, January, 2018, at 7-7.
  The DBE program, and the businesses it assists, are so important that 
we planned to hold a hearing on this program before the Covid-19 
pandemic swept the country and shut down Congressional operations for a 
time. We will still hold that hearing at a later date to collect even 
more evidence and discuss the possibility of updating this program. But 
sadly, the pandemic that prevented us from doing so only underscores 
the need. Current data on the pandemic's economic devastation shows a 
massively disproportionate impact on small businesses in minority 
communities. A very recent article by Dr. Robert Fairlie published by 
the Stanford Institute for Economic Policy Research, uses statistics 
from the Census Bureau's Current Population Survey to illustrate just 
how devastating the Covid pandemic has already been for firms owned by 
minorities and women. His analysis examines the drop in ``active 
businesses'' comparing the numbers from mid-February, just before the 
effects of the pandemic became clear in the United States, to mid-April 
when the economy in much of the country had shut down. During that 
time, all businesses experienced economic devastation--but because of 
discrimination, the devastation was far greater for businesses owned by 
women and minorities. For instance, during this period the number of 
active businesses owned by whites dropped a staggering 17 percent, but 
the number of businesses owned by African Americans dropped an almost 
unimaginable 41 percent. For Latinx businesses, the number was 32 
percent and for firms owned by Asian Americans the drop was 26 percent. 
These numbers are not just troubling, they are catastrophic, and the 
pandemic is far from over. The Impact of Covid-19 on Small Business 
Owners: Evidence of Early State Losses from the April 2020 Current 
Population Survey, Robert Fairlie, Stanford Institute for Economic 
Policy Research, Working Paper 20-022, May 23, 2020, at 3-5.
  Now, more than ever, as we prepare to spend billions of federal 
dollars on transportation projects, it is urgent that we ensure the 
process of awarding federal transportation contract dollars is not 
discriminatory, and that minorities and women are allowed to compete on 
an equal playing field for those dollars.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, today we are here to talk about improving America's 
infrastructure, something that we all agree needs to be done. If we 
were serious about doing that, we would be taking up a bipartisan bill 
to fix our highways, our bridges, and our transit systems.
  Let me remind everyone that 3 months from now highway and transit 
programs are going to shut down if we do not act. Every Democrat and 
every Republican participating today knows that a bipartisan agreement 
is the only way that we are going to get this done. That is why H.R. 2, 
which is nothing more than an enormous partisan wish list, is going 
nowhere. If this were a serious effort, then we wouldn't be talking 
about passing a $1.5 trillion debt to future generations. We would be 
talking about real proposals to fix the finances of the highway trust 
fund.
  Instead, the majority is pointing fingers at the President and 
Republicans despite the fact that they wrote the entire partisan 
proposal in the Speaker's Office. But they want the American people to 
believe that it is Republicans' fault that they couldn't figure out to 
how to pay for their bill.
  If this were a serious effort, we wouldn't be talking about tacking 
on a multitude of unreasonable Green New Deal mandates onto our 
transportation programs. We would be talking about bipartisan climate 
solutions that address resiliency and actual, identifiable, and serious 
solutions like those contained in the Republican alternative bill, H.R. 
7248.
  If this were a serious proposal, we wouldn't be talking about 
creating more uncertainty and instability for States, transportation 
businesses, workers, and our economy when everyone is crying out for 
certainty and relief right now.
  But that is exactly what we are considering today in H.R. 2. This is 
a bill that was formed by the Speaker's partisan agenda from the 
beginning and continued to balloon from there. Just over a week ago the 
Transportation and Infrastructure Committee approved the majority's 
$500 billion my-way-or-the-highway bill along party lines. Afterwards 
the Speaker airdropped in enough new and unvetted proposals and 
provisions to triple the size of the bill before rushing it to the 
floor.
  I am going to highlight just a few of the concerns with this bill.
  First, 2 out of every 5 surface transportation dollars--that is $200 
billion--is spent on heavy-handed Green New Deal requirements. This 
bill widens the gulf between rural and urban infrastructure by putting 
programs and policies that benefit urban areas ahead of rural 
communities. If you follow the money in the bill, this is made very 
clear. H.R. 2 directs the largest funding percentage increases to those 
programs. This bill also puts restrictions

[[Page H2921]]

on building new roads, which further hamstrings small communities that 
are looking to grow.
  How can a bill that prevents States from building the roads that they 
need be called an infrastructure bill?
  These are just some of the ways this bill limits State and local 
flexibility to make decisions that best fit their own priorities. This 
bill fails to provide commonsense streamlining reforms widely supported 
by transportation businesses and workers, including reforms that were 
unanimously approved by the Senate Environment and Public Works 
Committee. Projects that take years and even decades to get approved 
cost more the longer they are delayed, so that means reducing delays 
has the same impact as additional funding. But this bill does nothing 
to make reviews more efficient.
  Finally, this bill relies on yet another general fund bailout, and 
with the irresponsible spending proposal that is in this bill, the 
trust fund bailout would cost more than every extension and bill 
combined since 2008, and it doesn't even attempt to fix the solvency 
issues with the highway trust fund. This is completely irresponsible. 
If this messaging bill passes the House, that is as far as it is going 
to go. It won't do a single thing to improve America's infrastructure.
  There has been so much uncertainty and unpredictability created by 
the COVID-19 pandemic across our Nation. What transportation businesses 
and workers need right now is stability. But this partisan process and 
seismic upheaval of our Federal transportation programs robs them of 
that.
  This bill does nothing to move us forward, and it is truly a shame. 
It really is. I will go on more later, Mr. Speaker, and I reserve the 
balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from 
Massachusetts (Mr. Neal).
  Mr. NEAL. Mr. Speaker, America's infrastructure is in woeful 
disrepair. Our roads and bridges are crumbling; many areas still lack 
reliable internet service; and there are even places in the United 
States where the tap water is unsafe to drink.
  We need these major investments. With more than 40 million Americans 
out of work, the pandemic crisis has had a devastating impact, and the 
consequences for our Nation are apparent.
  The Democrats' Moving Forward Act will create jobs, reinvigorate our 
economy, and also modernize our infrastructure. All corners of the 
Nation will benefit from this package, including my home State in 
western and central Massachusetts.
  Bold investments in broadband and the rail system are particularly 
good news for our region's economy, workers, and students. Rail, $19 
billion--perhaps we will see our long-held vision of rail 
transportation from Boston to Worcester to Springfield on to Pittsfield 
occur as well.
  This is smart and responsible. The Ways and Means Committee 
contributed the largest tax investment in combating climate change that 
Congress has ever made, and it is in legislative form and in 
legislative language.
  This legislation promotes investments in clean energy technologies, 
incentivizes the greening of the fleet, rewards renewable energy 
projects, and engages in responsible labor practices with priorities on 
workers' rights and well-being. We are going to keep working to make 
sure that we can have more green jobs that are good jobs, not only in 
the space of renewable energy production but in the production of zero 
emission vehicles as well. Prioritizing green jobs will also mean 
prioritizing manufacturers whose raw materials will power the green 
economy.

  This is a unique opportunity for all of us, for our investments in 
our communities, our businesses, and in our workers to come out on the 
other side of this crisis stronger than ever.
  Mr. Speaker, I urge support for this legislation.


                         Parliamentary Inquiry

  Mr. GRAVES of Missouri. Mr. Speaker, I have a parliamentary inquiry.
  The SPEAKER pro tempore. The gentleman will state his parliamentary 
inquiry.
  Mr. GRAVES of Missouri. The mace indicates we are in session. Are we 
in session or in the Committee of the Whole?
  The SPEAKER pro tempore. We are in the House.

                              {time}  1330

  Mr. GRAVES of Missouri. Mr. Speaker, I yield 3 minutes to the 
gentleman from Illinois (Mr. Rodney Davis), who is the ranking member 
of the Highways and Transit Subcommittee.
  Mr. RODNEY DAVIS of Illinois. Mr. Speaker, I thank Ranking Member 
Graves for yielding and for leading the charge on this committee and 
the fight against this partisan bill.
  Mr. Speaker, it is a shame that we stand before you today debating a 
partisan surface transportation bill which includes $1 trillion worth 
of airdropped provisions, many of which do not even fall under the 
jurisdiction of our Committee on Transportation and Infrastructure.
  In years past, surface reauthorization has been a very bipartisan 
affair. This is because we knew then, as we know now, that a partisan 
bill will lead to failure. Over the past year, in every conversation I 
have had with transportation stakeholders, the resounding message was: 
Please, pass a long-term bill and avoid an extension.
  Unfortunately, the process that has played out ever since the 
Democrats introduced their surface transportation bill has pointed to 
only one conclusion: We are being set up for an extension.
  This is unacceptable, as an extension doesn't provide the clarity and 
certainty a long-term reauthorization provides to our States and to our 
local communities.
  Mr. Speaker, today, you are going to hear from Democrats that they 
couldn't negotiate with us because our party wouldn't engage on climate 
issues. Let's be clear: This isn't a case of Republicans rejecting 
outreach from Democrats. I have had conversations with the chairman 
months ago, expressing my willingness to work on every issue. So 
instead of saying that Republicans wouldn't engage on climate issues, 
let's get it straight, as it was Democrats who wouldn't engage with 
Republicans.
  Now, I know, just like every other bill that comes through this 
House, obviously, a partisan reauthorization bill clearly is President 
Trump's fault. President Trump wanted to do infrastructure. Well, now 
is our chance. Instead of actually following the partisan processes 
that the majority criticizes that the White House does, they implement 
their own partisan process. And when you talk about climate, the United 
States of America is the only country that has actually reached our 
emission standards in the Paris climate accord.
  We are doing our job as America, but let's stop sacrificing our roads 
and our crumbling bridges to the Green New Deal activists who don't 
want to talk about what America has done successfully to attack climate 
change already. Let's stop with the climate change issue, where $2 of 
every $5 of this bill goes to Green New Deal priorities. Let's start 
talking about roads and bridges, how to solidify our highway trust 
fund, how to make sure that we have a long-term approach to a stable 
and less-volatile highway trust fund.
  If we are going to have another infrastructure week, unfortunately, 
this infrastructure week is going to turn out just like the ones 
before: It is going to be a failure. Because of this partisan bill, we 
are going to come up to the September 30 deadline for this current 
bill. Instead of moving forward in a bipartisan way, this 
infrastructure week is going to turn out like the rest of them.
  Let's go back to the drawing board. Let's negotiate a bipartisan 
bill. It is the only chance we have to avoid costly extensions.
  Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from New 
Jersey (Mr. Pallone), the chairman of the Committee of Energy and 
Commerce.
  Mr. PALLONE. Mr. Speaker, I thank Chairman DeFazio for all he has 
done with this Moving Forward Act, and I rise in strong support of this 
legislation.
  Mr. Speaker, there is no better way to jump-start our economy and 
create millions of good-paying jobs than to modernize our badly aging 
infrastructure. It will also help us significantly to combat climate 
change.
  COVID-19 has wiped out more than 600,000 clean energy jobs, stifling 
both our economy and our fight against climate change. This bill would 
help us

[[Page H2922]]

rebuild our economy with a $70 billion investment in clean energy. This 
sweeping investment will upgrade the electric grid to accommodate more 
renewable energy and make the grid more resilient.
  We also invest in energy efficiency, which will help homeowners save 
money on their energy bills. We make a major investment in the 
development of electric vehicle charging networks, stimulating job 
growth in the EV industry and addressing the need to lower greenhouse 
gas pollution coming from our cars and trucks.
  The COVID-19 pandemic has also put a spotlight on just how critical 
it is to have access to clean and safe water. That is why this bill 
invests over $25 billion in drinking water programs, and it also 
provides $2.7 billion for the brownfields programs so local communities 
can transform former factories, abandoned lots, and other vacant 
facilities into community centers, parks, and new businesses.
  Mr. Speaker, the pandemic has also starkly demonstrated the need to 
ensure families all across the Nation have access to high-speed 
internet. The Moving Forward Act provides over $100 billion to fund 
broadband-related programs, which will get us to 100 percent internet 
coverage.
  Kids all around the Nation need access to broadband to participate in 
their classes online, and this bill provides $5 billion for mobile 
hotspots and connected devices to make sure students who don't have 
access to these resources at home can effectively engage with remote 
learning.
  We also authorized $12 billion to upgrade our frail 911 
infrastructure for the next generation.
  Mr. Speaker, finally, the COVID-19 pandemic has exposed an alarming 
number of preexisting weaknesses in our Nation's healthcare 
infrastructure, so we invest $30 billion to upgrade our Nation's health 
infrastructure. That is for hospitals, community centers, and 
other healthcare facilities.

  Mr. Speaker, I urge our Members to vote for the Moving Forward Act to 
move our Nation forward during these unprecedented times.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the 
gentleman from Arkansas (Mr. Crawford), who is the ranking member of 
the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
  Mr. CRAWFORD. Mr. Speaker, a well-crafted infrastructure bill could 
put millions of Americans back to work and reinvigorate the American 
economy. Unfortunately, today, we are not here to debate a well-crafted 
infrastructure bill.
  This is a radical departure from MAP-21 and the FAST Act, both in 
terms of content and process. This bill ignores the economic realities 
of COVID-19, embraces environmental radicalism, and weaves Green New 
Deal mandates throughout its core programs. In fact, approximately 40 
percent of this bill's allocation will be spent on Green New Deal 
programs.
  When the GOP controlled the majority, we consulted the minority on 
both MAP-21 and the FAST Act. We, in this effort, were ignored in the 
name of climate, despite the Senate having a bipartisan climate title 
in their bill.
  To quantify how starkly partisan this bill is, the FAST Act had 115 
amendments; this bill, 388. While we know this bill stands no chance of 
being enacted, the rail title will be disastrous if it was.
  Despite spending $60 billion over 5 years on rail--none of which is 
paid for, by the way--no one in the rail industry supports any 
provisions in this rail title. At a time when demand for all modes of 
public transportation is in doubt, this bill increases funding to 
Amtrak. It spends 13 times what FAST Act allocated to the Northeast 
Corridor. It spends 160 times what FAST Act allocated to Amtrak's 
national network. This bill guts programs to help our regional and 
short-line railways to give more money to--you guessed it--Amtrak.
  Mr. Speaker, our intermodal freight system saved this country from 
the worst of COVID-19, and this bill aims to drive that system to the 
ground in the name of environmental extremism.
  This is the first surface reauthorization I will be voting against, 
and that is a sad decision I have to make with a heavy heart.
  I am glad that some of my bipartisan Buy American amendments made it 
into this bill in markup, and that offers a glimpse of what could have 
been if the majority had come to us and we had worked together to 
create a serious bill.
  Mr. DeFAZIO. Mr. Speaker, I yield myself 30 seconds.
  Mr. Speaker, to the gentleman, I would have him recognize that, 
actually, the Northeast Corridor is a shared corridor, freight and 
rail. When the Baltimore tunnel goes or when the Portal Bridge goes or, 
up around New York, when the Gateway tunnels go, it is a 20 percent hit 
to the national economy.
  So, yes, we are going to invest some money there. That stop is about 
to fail and fail big.
  Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. 
Scott), the chair of the Committee on Education and Labor.
  Mr. SCOTT of Virginia. Mr. Speaker, today, I rise in support of H.R. 
2, the Moving Forward Act, and I focus on the fact that this 
infrastructure package includes our Nation's schools.
  For decades, underserved students and educators have spent nearly 
every day in school facilities with outdated air filtration, air-
conditioning, and roofing systems that endanger their health. A GAO 
report just this year confirmed that more than half the school 
districts need to repair unsafe and outdated systems in heating, 
ventilation, and air-conditioning in most of their school buildings.
  These issues are not about comfort. They are about equal access to 
education.
  Mr. Speaker, we all want to reopen our schools as soon as possible, 
but we cannot take this step when the Centers for Disease Control 
guidance requires functioning ventilation systems to prevent the spread 
of COVID-19.
  The Reopen and Rebuild America's Schools Act provisions and 
infrastructure package offer the solutions our schools need. This 
legislation will invest construction funds targeted at high-poverty 
school facilities that put the health of our students and staff most at 
risk.
  Of course, the schools will also benefit from the improvements in 
broadband that are also found in the bill.
  The school provisions in this bill will create more than 2 million 
good-paying jobs over the next 5 years at a time when we face historic 
unemployment rates.
  The Moving Forward Act is critical to our Nation's economic recovery, 
and it is critical for our efforts to achieve equity in education.
  Mr. Speaker, I urge my colleagues to pass this bill so that all 
students will have access to safe and high-quality schools during the 
pandemic and for years to come.
  Finally, Mr. Speaker, I include in the Record a letter from the 
Rebuild America's Schools coalition to Speaker Pelosi and Leader 
McCarthy in support of both the legislation and the Reopen and Rebuild 
America's Schools Act.

                                    Rebuild America's Schools,

                                    Washington, DC, June 29, 2020.
     Re H.R. Moving Forward Act: Reopen and Rebuild America's 
         Schools

     Hon. Nancy Pelosi,
     Speaker, House of Representatives,
     Washington, DC.
     Hon. Kevin McCarthy,
     Minority Leader, House of Representatives,
     Washington, DC.
       Dear Madame Speaker and Minority Leader McCarthy: Rebuild 
     America's Schools appreciates and supports your efforts to 
     address the impact of COVID-19 on our nation. As Congress 
     addresses economic recovery, Rebuild America's Schools 
     supports H.R. 2 The Moving Forward Act to invest in our 
     nation's infrastructure including grants and bonds to 
     modernize, renovate and repair local school facilities.
       The Government Accounting Office (GAO) June 2020 report 
     estimates more than half of America's public school districts 
     need significant repairs to their school facilities. Fifty 
     four percent of school districts across the country must 
     replace or update major systems in more than half their 
     buildings. Grants and infrastructure bonds will assist 
     communities respond to necessary school facility 
     modifications, renovations, and repairs to re-open safely for 
     students, teachers, and staff in the changing COVID-19 
     environment.
       Moving Forward Act: Reopen and Rebuild America's Schools 
     Act infrastructure grants and bonds will generate economic 
     activity in every state creating over 100,000 construction 
     services jobs accomplishing two objectives:
       Local communities will use recovery financing to build, 
     renovate and repair schools

[[Page H2923]]

     providing safer, healthier, more modem and more 
     technologically, energy efficient school facilities advancing 
     student achievement.
       School construction projects in local communities will 
     generate thousands of construction and building trades jobs 
     including architects engineers, roofing contractors, and 
     suppliers who design, build and maintain our nation's 
     schools.
       As COVID-19 profoundly impacts national and state 
     economies, federal investment in school infrastructure and 
     safety will have both long- and short-term benefits to the 
     nation's economic recovery and stability advancing student 
     achievement.
       We look forward to working with you as the House of 
     Representatives considers The Moving Forward Act to invest in 
     the infrastructure of local communities helping modernize 
     schools in every state to support student safety, achievement 
     and success.
       Thank you.
           Sincerely,
                                                      Bob Canavan,
                                                            Chair.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 3 minutes to the 
gentleman from Louisiana (Mr. Graves), ranking member of the 
Subcommittee on Aviation.
  Mr. GRAVES of Louisiana. Mr. Speaker, I thank the ranking member for 
yielding.
  Mr. Speaker, I thank my friend from Oregon, and I do consider him a 
friend because, oftentimes, over the past few years since I have been 
here, we have had the opportunity to sit down and engage on 
constructive policy discussions. I know my friend does like to have 
those discussions, which is why I like him.
  Mr. Speaker, I don't like to devolve into partisan fighting, but to 
listen to the description of this bill and to actually participate in 
this process, there are a lot of things that need to be addressed, and 
the Record needs to be set straight.
  Mr. Speaker, this committee, the Transportation and Infrastructure 
Committee, has a long history of being a bipartisan committee. As you 
heard, there were nearly 390 amendments filed on this bill. Twenty-two 
Republican amendments are going to be accepted or voted on, and most of 
them are going to fail. They are designed to fail. Meanwhile, 148 
Democrat amendments are being accepted and are going to be allowed to 
move forward--148 to 22.
  Mr. Speaker, each one of us represents somewhere around 750,000 
people. Why should only certain people be able to be represented?
  Then, because of this crazy process we have here, we are going to 
take all of those amendments and combine them into about seven votes 
where they can take great policy, throw in one poison pill, and the 
whole thing dies.
  Mr. Speaker, this is not how you build legislation. I don't think I 
have to remind anybody here that we have a Republican President and a 
Republican Senate. This bill has always been bipartisan, and we should 
be working on this bill because everyone supports infrastructure.
  Now, on climate, let's talk about climate for just a minute because 
the United States has reduced emissions more than the next 12 countries 
combined. The United States has. As my friend from Illinois noted, we 
are the only country that is in line with our Paris accord, at this 
point.
  Number two, there has been this little thing called the coronavirus 
that has resulted in the largest reduction in history in emissions that 
is going on right now, which should cause us to reset and not impose 
more costs on the poor among us, those who cannot afford it, those who 
have lost their jobs.
  Mr. Speaker, the committee doesn't even have jurisdiction over 
climate. And you can't go out there and try and electrify all these 
cars and not address the fact that you are going to take three to four 
times the electricity to even power them. Where is the electricity 
coming from? We are just going to make it up? This bill doesn't address 
the problems.
  Mr. Speaker, just today, the bipartisan climate committee that was 
created by Speaker Pelosi issued their report. They were supposed to be 
providing the comprehensive plan for climate change. It was a partisan 
staff report. Was the committee clairvoyant, knew it was going to be in 
there and just pasted the climate committee's recommendation in this 
bill? No.
  This is completely disjointed. It is partisan. It ignores the fact 
that we had 390 amendments and tries to condense it down to seven 
votes. Our constitutional Republic is being hijacked right now, and we 
are not being allowed to represent the people who we were sent here to 
represent.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from 
New York (Mrs. Carolyn B. Maloney).
  Mrs. CAROLYN B. MALONEY of New York. Mr. Speaker, I thank the 
gentleman for his extraordinary leadership on H.R. 2, the Moving 
Forward Act, and I support it.
  Mr. Speaker, this is landmark legislation that would make investments 
not only in highways, transit, and bridges but also for schools and 
housing. Importantly, it would set America on a path toward a greener 
future by encouraging investment into zero-emission technologies.
  The bill would authorize $25 billion for the Postal Service, which 
has bipartisan support to modernize their aging fleet. It is critical 
that the Postal Service begin replacing its fleet of small trucks, most 
of which are now over 25 years old, and the bill includes $6 billion 
for this. The bill would require the Postal Service to purchase zero-
emission vehicles and to install publicly accessible electric charging 
stations at Post Offices to help expand the infrastructure needed for 
electric vehicles.
  Mr. Speaker, these measures will help the Postal Service meet its 
mission and advance sound environmental policy, and I urge a strong 
``yes'' vote on H.R. 2.

                              {time}  1345

  Mr. GRAVES of Missouri. Mr. Speaker, I yield 3 minutes to the 
gentleman from Ohio (Mr. Gibbs).
  Mr. GIBBS. Mr. Speaker, I rise in opposition to this infrastructure 
boondoggle bill, which is focused on advancing the Green New Deal 
agenda.
  Instead of focusing on roads, bridges, and highways that keep the 
economy moving and Americans employed, my colleagues on the other side 
of the aisle want to divert funding streams through nonroadway 
infrastructure and leave rural surface transportation in the dust.
  One of the major roadblocks to successfully reinvigorating our 
national infrastructure is the mountains of red tape, paperwork, and 
bureaucracy involved with surface transportation infrastructure. This 
bill does nothing to reform the permitting process. It leaves in place 
a broken permitting regime that slows projects down to a dead stop.
  Contrary to what some may say, bureaucratic red tape has a direct 
impact on infrastructure investment. Project delays cost nearly $4 
trillion in economic impact, according to the Associated General 
Contractors of America.
  We can point to nations like Canada, Germany, and Australia, who 
provide a robust and responsible environmental review process in just 2 
years. Compare that to ours, the 3\1/2\ to 5 years it takes just one 
Federal agency, not including other Federal agencies that even add more 
time in the process.
  Finally, I oppose H.R. 2 for its lack of bipartisan participation. My 
colleagues on the other side of the aisle may try to point to an 
amendment here and there and call it bipartisan, but I have worked on 
true bipartisan legislation that doesn't just tick off the boxes of 
partisan talking points. I have fought to pass legislation that gets 
the hard work of infrastructure investment and permitting reform done 
while working with my Democratic colleagues in the past. I can tell you 
from experience, H.R. 2 is not that.
  Republicans were prevented from offering real input on this bill, one 
that has broad application and diverse impact across every type of 
community in this country. Instead, Republicans were shut out of the 
process. This is purely a leftwing messaging bill with their grandiose 
nonsense that is far from reality in addressing the real-world 
infrastructure concerns.
  For these reasons, I urge my colleagues to vote ``no'' on H.R. 2.
  Mr. DeFAZIO. Mr. Speaker, resiliency, which they keep talking about 
on that side, is a reactive policy to help our transportation system 
survive with rising sea levels and extreme weather events. Mitigation, 
dealing with climate change, is proactive and will prevent us from 
having to spend a lot more money in the future on infrastructure.
  Mr. Speaker, I yield 2 minutes to the gentlewoman from Washington, 
D.C.

[[Page H2924]]

(Ms. Norton), the chair of the Surface Transportation Subcommittee.
  Ms. NORTON. Mr. Speaker, this is one of the very few bills that is 
moving forward during this pandemic, and it is named H.R. 2, which 
means it was of great importance even before the pandemic.
  The transportation bills we have been filing have been essentially 
flat funded. It is time we put some money into our transportation 
system. The last bill was no mere extension. Our last bill was 
essentially that. There was no new funding on it. In fact, this bill 
breaks new ground.
  I have been on this committee ever since coming to Congress. Each 
transportation bill looked essentially the same as the last. However, 
with climate change, we can't write these bills in the same way.
  You see attention to climate change throughout this bill. You see a 
fund for greenhouse emissions. We have in this bill discretionary 
grants for electric vehicles. That was unknown and unseen in the last 
bill.
  We are paying special attention to disadvantaged business 
enterprises. We remember the George Floyd killing. We have not done a 
good job with these enterprises in my own region. We found that 
minority and women-owned firms were unlikely to receive contracts, even 
if they seemed fully qualified.
  And, of course, in this district, which staff and Members use to get 
to the House, we have funding money for the Metropolitan Transit 
Authority. Almost half of Federal employees in this region use Metro to 
get to this very House.
  Mr. Speaker, this bill breaks new ground, and this Congress should 
indicate that it is ready for a 21st century bill.
  Mr. GRAVES of Missouri. Mr. Speaker, I might point out that, yes, 
there are discretionary grants in here for electrical vehicles. What is 
interesting is electric vehicles don't pay for the use of that road 
either, because the highway trust fund still has yet to be addressed, 
has yet to be determined how we are even going to move forward, which 
is a huge frustration in this bill. There are absolutely no pay-fors.
  Mr. Speaker, I yield to 2 minutes to the gentleman from Pennsylvania 
(Mr. Perry).
  Mr. PERRY. Mr. Speaker, an efficient and effective infrastructure 
system is vital to our Nation's economic well-being. It is vital to 
every citizen. They realize it. That is why they are willing to pay for 
it, as long as we do the responsible thing here.
  But for years, Mr. Speaker, Federal policies have diverted funding 
away from the core projects and created a system that incentivizes 
waste, and, as a result--you can figure it out--our infrastructure is 
crumbling.
  The need for reform is acknowledged across the aisle, across the 
spectrum. Both sides know there is an opportunity right here, 
especially with this President.
  Unfortunately, the majority has now squandered that opportunity for 
bipartisan reform. Instead, they propose H.R. 2, which is a leftist 
wish list that doubles down on the policies that brought our 
infrastructure to its current deteriorated state.
  In fact, the majority of the $1.5 trillion in spending under this 
bill, 1,400 pages, is unrelated to the repair and build-out of our 
Nation's infrastructure. Two-thirds of this spending, $1 trillion, was 
created out of thin air in the 2 weeks since we had the discussion in 
the Transportation Committee. It was just dropped on us. We didn't even 
discuss it. After we left and marked up the bill, they added the money 
and added the policy.
  Moreover, the majority has failed to even propose a way to pay for 
this liberal wish list, instead stating it will be paid for by deficit 
spending.
  We don't always get it right, but at least make an attempt.
  Our Nation is $26.3 trillion in debt, $3.5 trillion of that occurring 
just in the last couple of months. The majority's plan to bankroll 
their liberal wish list by imperilling future generations is reckless 
and threatens the very future of our Nation.
  I sincerely hope this political theater will conclude shortly, Mr. 
Speaker, and the majority will get serious about a serious 
infrastructure package.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
Mississippi (Mr. Thompson), the chairman of the Homeland Security 
Committee.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I rise in strong support of 
H.R. 2, the Moving Forward Act. As amended by the manager's amendment, 
this bill includes language identical to my bill, H.R. 1140, the Rights 
for Transportation Security Officers Act of 2020.
  For over a decade, Representative Nita Lowey and I have worked to 
provide TSA frontline security workers the basic rights and civil 
service protections they deserve.
  On March 5 of this year, this body passed H.R. 1140 with 230 ``yes'' 
votes, including all Democratic Members present and 14 Republican 
Members.
  Transportation Security Officers remain among the lowest paid Federal 
workers, and they do not receive regular salaries or basic civil 
service protections afforded to most other Federal employees.
  In recent years, TSOs have faced government shutdowns, staff 
shortages, increased passenger volumes, and increasingly difficult job 
responsibilities.
  Mr. Speaker, this is a good deal. I thank Chairman DeFazio for 
including this critical language in the manager's amendment. I urge 
support of the bill.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the 
gentleman from Illinois (Mr. Bost).
  Mr. BOST. Mr. Speaker, many of you do know, and maybe some of you 
don't know, that I grew up in a family trucking business. I know how 
important transportation workers are and how important they are to the 
American people.
  In the past few months, we have seen our Nation's truck drivers, 
maintenance crews, public transit workers, and other essential 
employees step up and deliver the goods. It is our duty to support them 
and ensure that, while they do their jobs, they are kept safe and they 
can do their jobs effectively. Unfortunately, this legislation falls 
far short on that goal.
  Instead of adequately investing in our Nation's roads and bridges, or 
better conditions for our truckers and motorists, the Speaker and her 
allies chose to double down on their liberal Green New Deal wish list.
  And instead of working together in a bipartisan manner, which has 
always been done--at least over the last 15 to 20 years, from what I 
understand--they forced it through the Transportation and 
Infrastructure Committee on a party-line vote.
  With this legislation, my colleagues on the other side are saying 
that, when it comes to our Nation's infrastructure, it is quite 
literally my way or the highway. That, I believe, is a dangerous route 
to take, and I think that the American people will wake up to the fact, 
with these continuing partisan games on something that is so important 
that has been done in a bipartisan manner before, that, finally, they 
will speak up and say that they have had enough, because many of us 
have.
  Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentleman from 
Illinois (Mr. Lipinski), chair of the Railroads, Pipelines, and 
Hazardous Materials Subcommittee.
  Mr. LIPINSKI. Mr. Speaker, as chair of the Railroads, Pipelines, and 
Hazardous Materials Subcommittee and coauthor of H.R. 2, I am proud 
that we have the robust road, rail, and transit bill that our country 
needs to start fixing our transportation system and put Americans back 
to work.
  I want to thank Chairman DeFazio for his strong leadership on this 
bill.
  H.R. 2 is a historic bill for rail infrastructure, containing a 
record $60 billion investment, a 400 percent increase. It was a 
priority for me to include, for the first time ever, in a surface 
reauthorization, a commuter rail policy section.

  In addition to the 57 percent increase in funding for public transit, 
commuter railroads are made eligible for the significantly increased $7 
billion CRISI grant program, and the top Amtrak stations used by 
commuter railroads have special access to these funds.
  In another first, we established a grade separation funding program 
at $2.5 billion, which will help alleviate the problem of blocked rail 
crossings across our Nation. For Amtrak, we are making a record 
investment of almost $30 billion.
  In the highway and transit division, I want to highlight the 37 
percent increase in funding to our States for

[[Page H2925]]

roads, a greater focus on improving safety for bicyclists and 
pedestrians, and an increase in funding for University Transportation 
Centers, including one on autonomous and connected vehicles.
  In addition, a $9 billion grant program focused on advancing projects 
of national and regional significance is included, which can help bring 
the CREATE rail modernization program in northeastern Illinois to 
completion, significantly improving the flow of freight across our 
Nation.
  Mr. Speaker, H.R. 2 will put hundreds of thousands of Americans to 
work, make American businesses and workers more efficient, cut down 
delays on our roads and rails, increase safety, and improve our 
environment.
  Let's get this done for the American people.

                              {time}  1400

  Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the 
gentleman from California (Mr. LaMalfa).
  Mr. LaMALFA. Mr. Speaker, of the many problems with this 
hyperpartisan bill, one of the most troublesome is the price tag: $1.5 
trillion. Yet it completely ignores the need for how we are going to 
pay for it.
  So the majority has decided the President must come up with a way to 
pay for it, like: Hey, here is our shopping list right here. We are 
going to send it out of the House and maybe out of the Senate without a 
way to pay for it. You find it, Mr. President. You figure it out.
  But it has never been the President's job to decide how we pay for 
our highways. No member of the administration or Cabinet is charged 
with that responsibility.
  Constitutionally, it is assigned to us here at the House of 
Representatives. If the Democrats are serious about fixing our 
infrastructure, they would find a way to finance it by working with us, 
the Republicans.
  Now, there are going to be some hard ways to figure it out. Is it to 
raise the gas tax? Is it making people pay for every mile they drive or 
some other mechanism, or, especially in my home State of California 
with the highest cost of doing anything, adding yet more taxes? A new 
one kicks in tomorrow on Californians.
  That said, we are supposed to be here to discuss it. We are supposed 
to have a little interaction. This bill, unfortunately, has not.
  So we push another partisan wish list onto this floor, make the 
President figure it out. Unfortunately, it doesn't have much chance to 
work this way.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Sires), a member of the committee.
  Mr. SIRES. Mr. Speaker, I want to thank Chairman DeFazio for 
including a provision in this bill that is a triumph in national 
transportation financing.
  Our States are riddled with bridges that are too old, roads that are 
in disrepair, and passenger rail that is falling apart. Regionally and 
nationally significant projects, projects that everyone can agree are 
important and need to be built, have languished for years because of no 
Federal help. This bill changes that.
  I am proud to say that this bill's provision on projects of national 
and regional significance is a victory for the Gateway Project. New 
Jersey knows how important it is to get the project done. The whole 
region knows how important the project is to its economy. This bill 
puts $9 billion into the pot.
  The bill provides money for clean energy investments to keep our air 
clean, money for resiliency projects to protect us from stronger 
storms, and more money for public transit to keep cars off the road.
  There is no reason why we can't have a modern, efficient, clean 
national infrastructure. This bill puts us on our way, and I am proud 
to have been involved in the development since the beginning. I am 
proud to cosponsor, and I ask everyone to support this bill.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the 
gentleman from Pennsylvania (Mr. Smucker).
  Mr. SMUCKER. Mr. Speaker, I rise today in opposition to this partisan 
infrastructure bill.
  This House can work together and can accomplish things for the 
American people. It wasn't long ago that Members from both parties came 
together in the face of an unprecedented pandemic to pass the CARES 
Act. That act of bipartisanship saved thousands and thousands of jobs--
millions of jobs--and preserved the livelihoods of small business 
owners all across this country.
  Now, in the face of a new challenge, repairing our infrastructure, 
Democrats have chosen a different path. They have chosen to go it alone 
with a messaging bill that is not a serious effort to improve our 
roads, bridges, and railroads.
  I offered a number of amendments to improve the underlying bill, 
including some bipartisan proposals, which I offered with my colleagues 
on the other side of the aisle. While I appreciate that one of those 
was adopted, the fact is this legislation was drafted with no 
consultation with Republicans.
  This bill will cost taxpayers an astounding $1.5 trillion, 
disproportionately favoring urban centers at the expense of rural 
America. But the real cost of this bill is the missed opportunity. What 
better time to address our infrastructure needs, when interest rates 
are as low as they are now and when we want to see the economy begin to 
boom again.
  Mr. Speaker, I remain committed to supporting legislation which would 
effectively invest in improving our transportation infrastructure in a 
way that would provide States additional flexibility to meet their 
unique needs without onerous mandates. Yet this bill doesn't do that. 
This bill kicks the can down the road rather than advancing those badly 
needed priorities.
  Mr. Speaker, I urge my colleagues to oppose this bill.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from the 
Northern Mariana Islands (Mr. Sablan).
  Mr. SABLAN. Mr. Speaker, as chairman of the Subcommittee on Early 
Childhood, Elementary and Secondary Education, I want to highlight how 
H.R. 2 helps America's schools.
  Schools began the coronavirus crisis already in significant need of 
repair, but revenue shortfalls caused by the virus are causing local 
governments to cut teaching staff. They cannot afford to invest in 
facilities. So H.R. 2 includes the Reopen and Rebuild America's Schools 
Act, a $100 billion plan of Federal investment from the Education and 
Labor Committee.
  Funds are front-loaded to address emergency needs to reconfigure 
schools to meet CDC guidelines. Our bill also helps the 16 million 
students nationwide without online access gain reliable, high-speed 
internet for digital instructions. And there is a special $500 million 
set aside for insular area schools, which are particularly challenged.
  Mr. Speaker, I thank Chairman DeFazio for this time to speak and also 
for adding the Marianas to the AMBER Alert system, which I asked for 
and is included in H.R. 2.

  I urge my colleagues to vote ``yes'' for H.R. 2, and the Reopen and 
Rebuild America's Schools Act.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the 
gentleman from Florida (Mr. Spano).
  Mr. SPANO. Mr. Speaker, I rise to express my strong disappointment in 
this legislation.
  For months, we have been discussing a bipartisan transportation 
package. Both President Trump and leaders in Congress from both parties 
expressed their hope that a deal could be struck to repair our 
crumbling infrastructure.
  Given the rise in unemployment due to COVID-19, now is the perfect 
time to invest in infrastructure and create American jobs. But, sadly, 
this bill missed this once-in-a-generation opportunity. The Democrats 
presented their bill to committee without any input from Republicans 
whatsoever, which is clear from the price tag.
  Coming out of committee, the bill had a $500 billion price tag 
without any way to pay for it, but Democrat leadership has now added an 
extra $1 trillion to it. Forty percent of all the money in this package 
goes to Green New Deal priorities and fails to include deregulatory 
provisions that could easily stimulate the economy and make the 
government work for the American people rather than against them.
  I offered multiple amendments to make permanent one of the most 
efficient Trump policies: the One Federal

[[Page H2926]]

Decision policy for NEPA authorizations.
  Currently, major infrastructure projects need to be approved by 
multiple agencies and, on average, take 4\1/2\ years to complete. 
Experts estimate this costs more than $3.7 trillion in lost employment 
and lost economic gain.
  Just yesterday, President Trump stated that unnecessary permitting 
delays are ``one of the most significant impediments to improving our 
infrastructure.'' My amendments would streamline this process by 
allowing applicants to deal with one lead agency, rather than several, 
and would require NEPA authorizations to be finalized within 2 years.
  As we look to recover from COVID-19 and pay off the debt incurred in 
responding to the crisis, these are inefficiencies we simply can't 
afford to ignore. I urge the House to recommit the bill back to 
committee until we can come together and draft a solution that 
implements these policies and will provide real relief for the American 
people.
  Mr. Speaker, Americans are sick and tired of messaging bills.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, just in response to the gentleman, 93 percent of Federal 
aid, highway projects, go forward under categorical exclusion; 4 
percent have an environmental analysis, a simple process; and, yes, 3 
percent go through a NEPA process. Huge construction projects in urban 
areas are often controversial, gives the public and everybody a chance 
to have input into that.
  And, by the way, all the studies say the biggest barrier to 
transportation investment is lack of funding. And I would note that the 
FAST bill froze funding, and the bill before that froze funding. The 
last time we increased funding was when the Democrats were in charge in 
1994.
  Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. 
Johnson).
  Mr. JOHNSON of Georgia. Mr. Speaker, I rise today in support of H.R. 
2, the Moving Forward Act. This transformative legislation will 
revitalize our Nation's infrastructure, including our most vulnerable 
communities.
  The last several weeks have, once again, brought attention to the 
legacy of vulnerability Black Americans and other minorities suffer at 
the hands of a global health crisis, a shuttering economy, and systemic 
racism.
  With this backdrop, people of color should not assume that this 
massive infrastructure bill has little to do with them. In fact, there 
are many aspects of H.R. 2 that are intended to assist people who have 
routinely been left out and left behind.
  One of the most powerful is the Disadvantaged Business Enterprise 
program. This program, when properly administered and enforced, ensures 
that businesses owned by women and minorities have a fair chance to 
compete for federally assisted transportation projects and contracts.
  A 2016 report, in my home State of Georgia, found that women- and 
minority-owned construction prime contracting businesses earned about 7 
cents on the dollar, and women- and minority-owned subcontracting 
businesses made about 39 cents on the dollar.
  This is unfair, and this evidence abounds. And it is not limited to 
any one region. The data underscores the continued need for the DBE 
program. I am proud to see it reauthorized in this bill, and I am proud 
to have been a part of its reauthorization.

  We must right the wrongs of business inequity in this country, and 
programs like the DBE, the Disadvantaged Business Enterprise program, 
will help us do just that.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the 
gentlewoman from West Virginia (Mrs. Miller).
  Mrs. MILLER. Mr. Speaker, I rise in opposition to H.R. 2 because we 
need to put an end to the highway robbery before us.
  The Transportation and Infrastructure Committee has a long history of 
bipartisan cooperation, rising above the political games to strengthen 
the backbone of our country. However, after the Democrats' power grab 
in this year's highway funding bill, that is sadly no longer the case.
  When drafting this legislation, my colleagues across the aisle 
neither asked for nor accepted input from me or any of my Republican 
colleagues. They steamrolled a bill through the committee with so many 
irredeemable qualities, you would think they wanted it to fail. After 
it passed committee, the bill was gutted of bipartisan amendments 
solely because they were introduced by our party.
  And it is expensive. At the outset, this legislation cost nearly $500 
billion over 5 years, and then they tacked on another trillion in the 
last week. It cuts money from where we need it and throws taxpayer 
dollars at problems that don't exist.
  Our roads and bridges are failing, and projects, many like Corridor H 
in West Virginia, are underfunded. This bill hamstrings our State 
government and adds red tape instead of flexibility. Rather than 
bridging America's urban-rural divide, my Democrat colleagues want to 
put the big cities first and ignore our rural communities but still 
stick us with the bill.
  We need all of America to thrive, from Appalachia to the heartland, 
the Rockies to the Rust Belt. We need to build up our entire country to 
create a modern economy that offers success to everyone. But here we 
are, debating a bill that gives $2 of every $5 to the Green New Deal.
  This is partisan messaging, not meaningful policy.
  I am disheartened. I am disappointed. And I am disgusted that 
politics continue to take precedence over the needs of our country. Our 
people want and need better roads. For these reasons and many more my 
time will not allow, I urge my colleagues to vote against this bill.

                              {time}  1415

  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Nevada (Ms. Titus), a member of the committee.
  Ms. TITUS. Mr. Speaker, I thank the chairman for yielding.
  The Moving Forward Act is transformative legislation that will help 
revive and strengthen our economy for years to come.
  In Las Vegas we welcome nearly 43 million visitors from all over the 
world every year, and it is vital that we make smart investments in our 
infrastructure to help travelers get there easily and then move them 
around safely and efficiently once they arrive.
  As a member of the committee, I am proud of the provisions I secured 
in this bill to:
  Prioritize the completion of I-11 between Las Vegas and Phoenix;
  Promote projects related to the movement of travelers to 
destinations, not just the movement of freight;
  And to ensure that there is dedicated funding in every State for 
child passenger safety programs for underserved populations.
  I urge my colleagues to support this legislation, which also takes 
significant action to address global climate change by investing in 
renewable energy, resilient housing and schools, green transit, and 
more efficient road infrastructure.
  I thank the chairman for his leadership.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the 
gentleman from Indiana (Mr. Pence).
  Mr. PENCE. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise today in opposition of H.R. 2, an ultra-partisan 
bill that puts urban centers above my rural communities.
  I was frankly stunned at how few people showed up here in Washington, 
D.C., for the markup of a $500 billion bill. My colleagues who were 
physically able and did not show up gives new meaning to the phrase 
``phoning it in'' and now we can call it ``Zooming it in.'' They Zoomed 
it in in T-shirts, shorts, on golf carts, and now we will continue to 
Zoom it in for 45 more days.
  Mr. Speaker, I authored 12 amendments at the markup of this bill. 
While many of them were bipartisan, they were still rejected along 
party lines.
  My amendment to keep rail safety grants merit-based and open to all, 
failed.
  My amendment to improve government efficiency and bring internet 
connection to rural communities, failed.
  Mr. Speaker, commonsense bipartisan proposals fail because this is 
not a serious effort.

[[Page H2927]]

  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield an additional 1 minute 
to the gentleman from Indiana.
  Mr. PENCE. Mr. Speaker, this is a Nancy Pelosi power grab again.
  I remind my colleagues that there is no challenge too great when we 
unite as Americans, yet here we are. House Democrats choose to bring 
this bill which is nothing more than the latest progressive wish list 
to the floor without any Republican input again.
  I urge my colleagues to oppose H.R. 2.
  Mr. DeFAZIO. Mr. Speaker, I yield myself 1 minute.
  I didn't see anybody in golf carts or T-shirts. They were on the 
screen, virtually. And it is not a great time to be flying back and 
forth across the country. I am not really comfortable doing it.
  I yield 1 minute to the gentleman from California (Mr. Huffman).
  Mr. HUFFMAN. Mr. Speaker, I thank the gentleman for yielding.
  I am excited, Mr. Speaker, because the people's House is at work this 
month. I wish I had more than 1 minute to talk about it all. Police 
reform, equal justice, lowering healthcare costs, protecting renters 
and homeowners from eviction. That is just in the last few days.
  This morning I joined Speaker Pelosi and chair Kathy Castor and our 
select committee members to unveil a comprehensive climate action plan 
to save the planet and to build a more healthy, just, and resilient 
America. And now I have the honor of supporting Mr. DeFazio's H.R. 2.
  The Transportation and Infrastructure provisions in this bill are an 
historic investment in our Nation's infrastructure that will strengthen 
our economy, improve safety, and cut gridlock and pollution, but there 
is so much more in this bill.
  I am also proud of modernizing the postal service's clunky old fleet 
and electrifying it.
  I am proud of encouraging responsible broadband deployment on or near 
public lands and building more resilient western water infrastructure.
  Colleagues, after years of people in this body talking about 
infrastructure, we are finally doing it. I urge an ``aye'' vote.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 3 minutes to the 
gentleman from Oregon (Mr. Walden), the ranking member of the Energy 
and Commerce Committee.
  Mr. WALDEN. Mr. Speaker, I thank Mr. Graves for yielding and for his 
work trying to get this bill in a better place. And I thank Chairman 
DeFazio for working with me on an amendment that will come up tomorrow 
that will allow the Port of Cascade Locks to compete for funds to add a 
path on the Bridge of the Gods to provide a safer place for hikers and 
horseback riders on Pacific Crest Trail to cross the Columbia River. It 
is nice when we can work together for the best interests of our 
citizens.
  I wish we had been able to work on all the infrastructure issues in 
this bill in the same spirit. I won't waste my time dwelling on the 
partisan process fouls that encumber this bill. Building better 
American infrastructure is a public policy that has almost always 
brought us together as a Congress and a country. Until this week and 
until this legislation.

  Republicans have proposals to make American energy infrastructure 
more resilient and safeguard it from cyberattack.
  Republicans have proposed more than two dozen policies, Mr. Speaker, 
to help get high speed broadband to all Americans.
  We have legislation to put America in the driver's seat of autonomous 
vehicle innovation and production.
  We could find common ground to remove unneeded but costly regulatory 
barriers that stand in the way of important infrastructure improvements 
and the jobs that come with them. But unfortunately, the work and ideas 
of Republicans on the Energy and Commerce Committee were not included. 
Heck, we weren't even consulted. What could be a bipartisan bill 
destined to become law will instead likely never get to the President's 
desk and never become law.
  So I urge my Democratic friends and colleagues to work with us on a 
bipartisan legislative package on infrastructure that can become law 
and that will improve our Nation's infrastructure.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
Maryland (Mr. Hoyer), the distinguished majority leader.
  Mr. HOYER. Mr. Speaker, I thank the gentleman for yielding.
  I have been listening to this debate in my office on television. 
Virtually, in other words, I have been watching. I thought everybody 
would be interested to know I didn't have a T-shirt on, and I wasn't in 
a golf cart. I was in my office. But it was virtual, Mr. Chairman.
  First of all, there is an aspersion on this bill for dealing with 
climate change. We are here in the midst of a pandemic. It is a 
terrible scourge on our country and on our people and on our economy. 
And our President called it a hoax. Our President has also called 
climate change a hoax. Mr. Speaker, if we are put to sleep by the 
assertion of the challenge being a hoax, we will not act.
  We acted very late on this pandemic. This bill seeks not to act too 
late for the pandemic that we call climate change that all the 
scientists, the overwhelming majority of scientists, say will have a 
catastrophic effect on our global environment and the support of life 
itself.
  And so, yes, this bill deals a lot with climate change because we 
have a vision of trying to solve the problem before it becomes the 
pandemic that kills 125,000 people in America, and, of course, 
according to science, that will be in the millions not the 125,000s.
  And there has been a lot of discussion, Mr. Speaker, about this is 
not bipartisan. In the 2016 election we had a lot of bipartisanship in 
terms of infrastructure. We said we needed infrastructure. The 
President said we needed infrastructure. Republicans said we needed 
infrastructure. Democrats said we needed infrastructure.
  Mr. Speaker, in 2019 Mr. DeFazio, Mr. Neal, myself and others went 
down to the White House, including the Speaker, and we sat with the 
President of the United States who said he wanted to put $1 trillion 
into infrastructure. I heard Mr. DeFazio say it earlier; we said $1 
trillion.
  He said, Oh, no, that is not enough. We need $2 trillion.
  Now that is from the President of the United States that then sent an 
infrastructure bill down here for $200 billion, one-tenth of what he 
said was needed. The engineers say, of course, $4\1/2\ trillion is 
needed to fix our infrastructure.
  And we said to the President, Mr. President, we will try to support 
you. We will work together in a bipartisan fashion. Now, tell us how we 
ought to pay for this.
  Frankly, I was sitting not too far from the director of the National 
Economic Council, Mr. Kudlow. Mr. Kudlow sort of looked down and shook 
his head, not wanting the President to come up with how he was going 
pay for $2 trillion.
  Mr. DeFazio, you saw that.
  Mr. Speaker, Mr. Neal looked across the table and said to the 
President, Mr. President, you tell us how you think we ought to pay for 
this, and we will work with you. That was bipartisanship.
  We went down there some weeks later--frankly, later than we had 
planned, but it was later--and we were there to hear the President tell 
us how we were going to pay for a $2 trillion investment. And he 
frankly made up some spurious reason that Nancy Pelosi, the Speaker of 
the House, had criticized him--and very frankly, we would never have 
any discussions if he didn't want to talk to people who criticize him 
because we criticize him all the time. But he returns the favor; he 
criticizes us all the time. So we would never talk, we would never have 
any bipartisan discussions--and he walked out on us. There was no 
markup. There was no discussion. There was no what are your ideas. He 
walked out on us.

  So, yes, we are here with a bill less than the President says is 
necessary. But we are here to do what he said we needed to do and what 
we said we needed to do, and we all said it in a bipartisan fashion.
  Mr. Speaker, 10 years ago I first launched the House Democrats Make 
It In America plan for jobs and opportunity, and from the very start, 
investing in infrastructure has been a key component of that agenda.

[[Page H2928]]

  Over the years, we have adapted that plan to meet changing needs and 
new challenges. Democrats ran on jobs, higher wages, making healthcare 
more accessible and less expensive, and investing in infrastructure. 
And we picked up 40 seats. We have 63 new Members of the Congress of 
the United States, so apparently our message resonated in 2018. In my 
view, it is resonating now.
  We were handed an overwhelming mandate to use our House majority to 
pass a big and bold infrastructure package that will help create good 
jobs and spur economic growth. That is what the President promised in 
2016.
  I will wait for a minute if somebody wants to tell me what they 
thought of the bill that the President sent us to spend $1 trillion on 
infrastructure.
  There is silence in the Chamber, Mr. Speaker, because the President 
hasn't sent a bill to do that. He hasn't sent a bill to fulfill his 
promise. Don't blame it on us. He hasn't sent us a bill and so many 
more of what he promised the American people.
  But that is what this legislation will do. Will it do it exactly as 
the President wanted to do? We don't know because he hasn't told us 
exactly.
  The Moving America Forward Act is the product of years of work by 
multiple committees with input from many Members, including a lot of 
our freshmen Members.
  I thank Chairman DeFazio. I thank Chairman Pallone. I thank Chairman 
Neal. I thank all of those who worked with us, including Ms. Waters and 
Mr. Scott.

                              {time}  1430

  They came together to craft an infrastructure package that will truly 
move America forward.
  This bill lays out House Democrats' proposals for the kind of big and 
bold investments in infrastructure that everyone agrees we need to move 
America forward.
  It would--and I know it has been discussed, but just briefly--
authorize new highway, rail, transit, and airport projects. We need 
them.
  Fund clean drinking water and clean energy: If anybody thinks that 
Flint was a unique happenstance in America, they are wrong. We need 
substantial investment, in every city and every rural area in this 
country, on water.
  Extend key clean energy tax provisions by 5 years: Now, if you want 
dirty energy only--and I am an all-of-the-above needs to be used, 
certainly, in my lifetime.
  Invests in new hospital infrastructure, public schools, and 
affordable housing: We have seen how they are stretched.
  I am also proud that the Moving America Forward Act brings back one 
of the most popular programs, which was, unfortunately, allowed to 
lapse under the Republican-controlled Congress of 2011. State and local 
governments issued more than $181 billion in Build America bonds to 
support nearly 2,300 local infrastructure projects, I dare say in 
almost every district represented by anybody in this body. We are 
bringing them back.
  Moving America forward with major investments in infrastructure is 
part of the Democrats' plan to help businesses and workers in our 
country Make It In America.
  The American Society of Civil Engineers that I spoke of just a little 
while ago gave our country's infrastructure a D-plus and estimated that 
we need trillions of dollars by 2025 to keep pace with our needs, and 
that was before the COVID-19 epidemic hit.
  This bill is about competing in the 21st century with our competitors 
all over the world. They are investing in infrastructure. Now, the 
pandemic's economic impacts make it even more necessary that we invest 
in infrastructure projects that will help put Americans back to work 
and get our economy back on track and moving forward.
  Infrastructure, Mr. Speaker, is an area where Democrats and 
Republicans have been largely in agreement. I regret this is not a 
bipartisan bill, but no one is surprised. The last Congress that the 
Republicans were in charge of was the most closed Congress in history, 
and by that, I mean the most closed rules, no amendments, no 
participation. They passed a tax bill that was $1.5 trillion--no 
contact with Democrats.
  So, don't cry crocodile tears that you are not included when you 
haven't included us and, more importantly, the Senate doesn't include 
the Democratic Party.
  It is a shame. We ought to get back to more bipartisanship. I agree 
with that. But I remind you of the meeting with the President: Mr. 
President, we will support you. We will work with you. We will try to 
get the job done. We will try to help you carry out your promise to 
America.
  And the President walked out.
  Let's move America forward together. Together, let us help our people 
Make It In America.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 1 minute to the 
gentlewoman from North Carolina (Ms. Foxx), the ranking member of the 
Education and Labor Committee.
  Ms. FOXX of North Carolina. Mr. Speaker, I thank my colleague from 
Missouri for yielding me time.
  Mr. Speaker, I rise today in strong opposition to H.R. 2.
  The Democrats' school construction provisions in H.R. 2 will result 
in increased costs to taxpayers, increased costs to States and school 
districts, and crushing new requirements for the entire education 
community, all in exchange for limited grants to a handful of school 
districts.
  What is worse, Democrats have inserted provisions of their radical 
Green New Deal in this bill to appease their far-left Members. Schools 
will be forced to comply with burdensome green requirements. The costs 
to comply with these requirements could exceed the funding schools are 
being offered.
  This ill-advised bill also unnecessarily limits access to funds by 
charter schools, continuing Democrats' relentless assault on any 
educational option that provides families a lifeline out of a failing 
school.
  H.R. 2 spends taxpayer dollars recklessly to advance bad ideas. This 
partisan bill is the wrong answer for students, teachers, and their 
communities.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
Massachusetts (Mr. Lynch), a member of the committee.
  Mr. LYNCH. Mr. Speaker, I thank Chairman DeFazio for yielding. I also 
thank the committee's amazing staff for the great work they have done 
in putting together really a remarkable and powerful surface 
transportation bill.
  Mr. Speaker, I also thank Chairman DeFazio for including several 
pieces of legislation that I had put forward. One is to provide $1.7 
billion for zero-emission buses.
  My legislation earmarks 10 percent of that amount, 10 percent of 
those zero-emission buses, for low-income communities, oftentimes, 
majority-minority communities that have major health disparities within 
their communities, such as lung disease, asthma, and other respiratory 
diseases.
  These zero-emission buses will make a big difference in cities like 
Brockton, Massachusetts, that I represent. We have gotten a fair number 
of zero-emission buses for them in the past, and this will really help 
us rebuild our fleet.
  Mr. Speaker, I also want to thank the chairman for including a 
measure that I had put in to protect bicyclists and pedestrians in 
urban areas and other suburban areas where we have had repeated 
accidents. It requires the Department of Transportation to do a survey 
on those areas that have had high numbers of accidents.

  Lastly, Mr. Speaker, I want to thank the chairman for including my 
bill on establishing an aviation task force to make it safer for the 
public to fly during this pandemic period.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the 
gentleman from Oklahoma (Mr. Lucas), the ranking member of the Science, 
Space, and Technology Committee.
  Mr. LUCAS. Mr. Speaker, I thank the chairman for yielding.
  I rise not only in opposition to this bill but to the entire process 
of writing it.
  We are in the middle of a pandemic, the likes of which we haven't 
seen for over a century. If there was ever a time for Congress to set 
aside partisanship and work together to create thoughtful legislation, 
it is now. Yet, here we are, debating a $1.5 trillion Green New Deal

[[Page H2929]]

wish list instead of a smart infrastructure bill.
  That is a problem because we need solid infrastructure to transport 
goods and materials to stay economically competitive.
  China has listed transportation R&D as one of the target areas to 
surpass the U.S. We are letting them take the lead. That is what 
happens when you draft legislation without consulting the minority or 
even the committees of jurisdiction over a bill. The Science Committee 
worked together to produce a bipartisan research title, but it was 
never even considered as part of this legislation.
  Furthermore, provisions relating to aviation R&D and space were 
airdropped into the package without consulting us. This process has 
shut out Members of both parties. It is no wonder this bill is flawed.
  What is more, when combined with the last bill, Democrats have 
proposed $4.5 trillion in partisan spending, yet they haven't addressed 
one single area of the most important things that we need to do to 
fight COVID-19 and fuel America's economic growth: investing in 
scientific research.
  I have introduced a bill to double spending on basic research and 
keep us at the forefront of scientific development. I have also 
cosponsored the bipartisan RISE Act to restart American research. Taken 
together, these bills will turn the engine of American research back on 
and fuel a long-term plan for our success.
  That is the kind of legislation we should be considering today, 
bipartisan bills that provide immediate relief and long-term strategy.
  This is a missed opportunity and no way to run a railroad. Our 
country needs smart policies, not empty performances right now.
  Mr. Speaker, I urge my colleagues to vote against this bill so we can 
go back to the drawing board and do it right. Americans deserve no 
less.
  Mr. DeFAZIO. Mr. Speaker, may I inquire how much time remains on both 
sides.
  The SPEAKER pro tempore. The gentleman from Oregon has 31\1/4\ 
minutes remaining. The gentleman from Missouri has 28 minutes 
remaining.
  Mr. DeFAZIO. Mr. Speaker, I yield 3 minutes to the gentleman from 
South Carolina (Mr. Clyburn), the majority whip.
  Mr. CLYBURN. Mr. Speaker, I thank the gentleman, my friend, for 
yielding the time.
  Mr. Speaker, I rise in strong support of H.R. 2, the Moving Forward 
Act.
  My overarching mission in Congress is to make America's greatness 
accessible and affordable for all Americans, and the primary means by 
which we connect all Americans to our country's greatness is our 
infrastructure. The Moving Forward Act will do just that.
  For too long, many American communities have been left behind. As we 
invest in infrastructure, we must restructure our priorities to fulfill 
our Nation's vision of liberty and justice for all.
  My 10-20-30 initiative targets investment in these persistent poverty 
areas. I am pleased that this legislation includes several provisions 
to accomplish this goal, including prioritizing areas of persistent 
poverty in awarding funds for transportation projects of national and 
regional significance.
  These funds will help connect persistent poverty areas to economic 
opportunities. Mr. Speaker, I thank Chairman DeFazio for including 
these important provisions.
  Federally qualified community health centers are essential for the 
success of rural and high-poverty communities, and I am pleased that 
H.R. 2 includes $10 billion for community health center capital project 
grants.
  H.R. 2 includes significant investments to make long-overdue repairs 
and upgrades to public housing.
  Mr. Speaker, I commend Chairwoman Maxine Waters for her determined 
advocacy for these measures.
  The bill also recognizes the essential link between housing and 
transportation. If you can't afford to live anywhere near economic 
opportunity, the best highways and transit systems in the world won't 
meet your needs.
  Recognizing this reality, this bill includes language from a bill 
that I introduced with Senator Booker, the HOME Act, directing State 
and local transportation planners to consider projects and strategies 
that will support inclusive zoning and land-use planning practices.
  H.R. 2 includes $100 billion for the Accessible, Affordable Internet 
for All Act, legislation I introduced last week with the Rural 
Broadband Task Force and members of the Energy and Commerce Committee 
led by Chairman Pallone.
  Mr. Speaker, the Moving America Forward Act won't simply connect 
Americans to opportunities through the infrastructure it builds; it 
will connect Americans to opportunities through the jobs created to 
build it.
  I strongly support the extension of the Disadvantaged Business 
Enterprise program at the Department of Transportation.
  Our country is facing difficult circumstances. The burden is falling 
disproportionately on those for whom America's greatness has not always 
been accessible and affordable even in better times.
  I urge the passage of the Moving Forward Act.

                              {time}  1445

  Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the 
gentleman from Pennsylvania (Mr. Meuser).
  Mr. MEUSER. Mr. Speaker, I thank the gentleman from Missouri for 
yielding.
  Mr. Speaker, we all here agree, as do the American people, that our 
Nation's infrastructure is in dire need of upgrades and modernization. 
Yet our House Democrats have brought forth a transportation bill 
unfortunately destined to go nowhere.
  First of all, any bill prepared in such a partisan manner has no 
chance of becoming law. Why is it that it is done this way? Why is it? 
I don't want to speculate.
  In this Democratic bill, nearly $2 out of every $5 goes to unproven 
Green New Deal mandates, which, right out of the gate, absolutely puts 
a seemingly political agenda ahead of creating tangible projects.
  We must offer the American people a transportation bill that puts, 
first and foremost, a focus on safer roads, modern highways, and 
improved infrastructure projects that are so important to our States 
and communities.
  We also cannot put the burden completely on the taxpayers, which this 
bill does.
  Representative Webster and I recently introduced the Infrastructure 
Bank for America Act, which would create a mechanism to create public-
private partnerships. Other countries, like China, are reaping the 
benefits of U.S. private investment in their infrastructure, while we 
fall way behind.
  These are serious times. It is time for us to get serious.
  Mr. DeFAZIO. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Maryland (Mr. Brown).
  Mr. BROWN of Maryland. Mr. Speaker, I first thank my chairs, Mr. 
DeFazio and Ms. Norton, for their leadership.
  I rise today in support of the Moving Forward Act, an investment in 
America's infrastructure now that will secure America's future today, 
an infrastructure that supports America's growing communities and 
invests in America's local economies. This is an investment that will 
create millions of jobs, an investment in a smart system of 
infrastructure equal to the needs of the 21st century.
  Today, we make a $6.2 billion investment in Maryland's roads and 
transits. We increase investments in safety and reliability on 
Washington's Metro transit system. We reauthorize the Disadvantaged 
Business Enterprise program to ensure greater opportunities for women- 
and minority-owned small businesses that want to compete for Federal 
transportation contract dollars.
  Mr. Speaker, rebuilding America shouldn't be a partisan issue. The 
Moving Forward Act is an equal opportunity investment in America.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the 
gentleman from Tennessee (Mr. Burchett).
  Mr. BURCHETT. Mr. Speaker, I rise today to encourage my colleagues to 
vote ``no'' on H.R. 2, the INVEST in America Act.
  There is no doubt America's roads need repair. The proposal before 
us, unfortunately, consists of empty promises and wasteful spending.

[[Page H2930]]

  During my tenure as a local elected official, I saw firsthand that 
large public works projects can happen without exploding deficits. 
While mayor of Knox County in Tennessee, my office leveraged resources 
to increase our paving capacity fivefold. It made significant progress 
on the largest public works project in county history, all while 
continuing to pay down our debt.
  These improvements didn't just happen. They required difficult 
discussions with a range of local stakeholders, while ensuring fiscal 
responsibility.
  At almost $1.5 trillion, Mr. Speaker, in spending, this bill doesn't 
attempt to find long-term solutions to our highway transportation 
needs. Instead, it increases bureaucratic red tape and explodes costs 
in a thinly veiled attempt to implement the partisan Green New Deal.
  Congress has spent $3 trillion on the COVID-19 virus in recent 
months. Simply put, this is unsustainable and is fiscally reckless at a 
time like this.
  I serve on the House Budget Committee, in which we haven't passed a 
budget in quite some time up here, and I am willing to work across the 
aisle to find some solutions that put people to work meeting our 
Nation's infrastructure needs without crippling future generations with 
mounds of debt. That is why this Congress needs to pass a real budget, 
Mr. Speaker, instead of piecemeal spending plans and election year 
messaging bills like this one.
  I encourage my colleagues to vote ``no'' on H.R. 2 and to get back to 
work doing real legislating in committees and on this hallowed House 
floor.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Espaillat), a member of the committee.
  Mr. ESPAILLAT. Mr. Speaker, I want to thank Chairman DeFazio, and I 
rise in strong support of the Moving Forward Act. It will make critical 
investment in all kinds of infrastructure.
  I am delighted that it includes the Transportation Alternatives 
Enhancements Act, a piece of legislation which will provide funding for 
biking and walking infrastructure--and that is an initiative that I 
presented--as well as investments in the Capital Investment Grants, 
which will provide funding for the extension of the great Second Avenue 
Subway from East Harlem right in to 125th Street in Harlem, a 
transportation desert.
  Also, I would like to see, in the future, how more funding goes to 
New York City. We put more in the coffers and deserve a lot more.
  Finally, Mr. Speaker, I want to thank our chairman for also including 
housing as infrastructure. We are the landlords. The Federal Government 
is the landlord of public housing. That is part of our infrastructure, 
and we need funding for that as well as broadband internet services in 
rural and urban communities alike.
  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of my 
time.

  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Malinowski), a member of the committee.
  Mr. MALINOWSKI. Mr. Speaker, this week 64 years ago, Dwight 
Eisenhower signed the interstate highway bill; and as our chairman 
keeps reminding us, we have been living off of that ever since.
  Actually, in New Jersey, we consider ourselves lucky to get to work 
on something built as late as the 1950s. Many of our bridges and 
tunnels are over 100 years old and falling apart.
  This bill will repair and replace that infrastructure. It invests in 
projects important to the whole country, including our Gateway tunnel, 
and includes provisions I wrote to ensure that those funds cannot be 
held up for political reasons.
  And, yes, it is a different infrastructure bill. It is something new, 
and that is a good thing. We are encouraging smart highways and 
materials. We are building mass transit that more people will want to 
use, modernizing our electrical grid, deploying national 
infrastructure, all of which will help us win the race with China to 
build the clean energy economy of the future.
  And we are doing all of this with the first true economic stimulus 
bill of the coronavirus era, one that actually creates jobs rather than 
simply preserving them.
  I urge my colleagues to embrace the future and support this bill.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
Arizona (Mr. Stanton), a member of the committee.
  Mr. STANTON. Mr. Speaker, I rise today in support of the Moving 
Forward Act, a historic investment of more than $1.5 trillion in the 
American people, in the American economy.
  I thank Chairman DeFazio and Chairman Pallone for their extraordinary 
leadership.
  This bill includes long-delayed investments in Arizona's roads, 
bridges, transit, airports, broadband, clean water, and so much more. 
Arizona will receive more than $5 billion for highway and nearly $1 
billion for transit.
  Importantly, it supports major Arizona projects like I-11, public 
transit in cities big and small, and support for our long-overlooked 
Tribal communities. It addresses urgent infrastructure needs in my 
State, including increased investments through the Clean Water State 
Revolving Fund, and support for workforce development initiatives.
  It includes $100 billion to make sure every American, whether in 
urban, rural, or Tribal areas, has access to affordable high-speed 
internet, and it leads the way in tackling climate change, including my 
bill, the Energy Efficiency and Conservation Block Grant Program. This 
will create jobs, help families save on energy bills, and reduce carbon 
pollution.
  Mr. Speaker, the time for action is now.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Florida (Ms. Mucarsel-Powell), who is also a member of the committee.
  Ms. MUCARSEL-POWELL. Mr. Speaker, I thank Chairman DeFazio for this 
transformational bill. I stand in strong support of the Moving Forward 
Act.
  I have to tell you, Mr. Speaker, people in south Florida are so tired 
of being stuck in traffic for hours and dealing with terrible public 
transit options. This is one of the top concerns that I get from my 
constituents.
  What they have asked for is rail, better buses, and a reasonable 
commute to and from work. This bill would make investments to make that 
a reality and create good-paying jobs.
  South Florida also needs a solution to climate change and to know 
that their roads, bridges, and streets will be able to withstand sea 
level rise. This bill does just that.
  This is a transformational bill. It is what people from South Dade to 
Florida City have been waiting for.
  I have fought to include funding for energy-efficient wastewater 
infrastructure projects that reduce our environmental footprint and 
monthly bills for families.
  This also includes one of the bills that I introduced, the Shovel-
Ready Restoration Grants for Coastlines and Fisheries Act, which 
creates jobs for fisheries and tourism-dependent communities hit by the 
COVID-19 pandemic. It protects our coastal communities from sea level 
rise and stronger and more frequent storms.
  Mr. Speaker, I urge my colleagues to support this bill.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Illinois (Mr. Garcia).
  Mr. GARCIA of Illinois. Mr. Speaker, as a Member from the heart of 
America's transportation network, Chicago, I rise in strong support of 
H.R. 2, the Moving Forward Act, and I thank our chairman for a great 
job.
  This bill produces needed investment in our Nation's infrastructure, 
from housing to broadband to transportation.
  As a founding member of the Future of Transportation Caucus, I am 
fighting to ensure that we make bold reforms to the status quo and 
ensure that we recognize transportation policy as the social justice 
issue that it is.
  For too long, we have starved Black and Latino communities from 
opportunities and segregated communities with train tracks, boulevards, 
and highways. This bill promotes equity by

[[Page H2931]]

adopting sustainable technologies, prioritizing maintenance and repair, 
and investing in transit, pedestrian, and bike access.

  This bill includes my top priorities. It makes transit-oriented 
development more equitable. It improves access to jobs and services and 
increases training for our frontline transit workers.
  Congress must pass H.R. 2 and give Americans the 21st century 
infrastructure that we need.
  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of my 
time.
  Mr. DeFAZIO. Mr. Speaker, I yield such time as he may consume to the 
gentleman from New Hampshire (Mr. Pappas), a member of the committee.
  Mr. PAPPAS. Mr. Speaker, I thank the chairman for yielding.
  While we fight the COVID-19 pandemic, we must continue to focus on 
economic relief and recovery for our workers, businesses, and 
communities. A major investment in infrastructure can get America up 
and running again.
  This bill is transformational and supports not only the roads, rails, 
and waterways across our country, but also the schools, housing, and 
broadband that connects our communities.
  This package will invest $1.3 billion in transportation dollars into 
my home State of New Hampshire over the next 5 years, creating good, 
high-paying jobs and making long-overdue improvement.
  This bill reflects the priorities I have heard about from Granite 
Staters, including the expansion of active transportation networks, 
increased funding for computer rail programs, provisions for climate 
resiliency, and helpful wastewater treatment plants to manage PFAS 
contamination.
  This comprehensive approach to infrastructure is critical to pave the 
way for our Nation's recovery. I urge my colleagues to come together to 
support this legislation and a stronger future for all Americans.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.

                              {time}  1500

  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewomen from 
Minnesota (Ms. Craig), who is a member of the committee.
  Ms. CRAIG. Mr. Speaker, I thank Chairman DeFazio for yielding and for 
all his work on this important legislation.
  Mr. Speaker, we must fix our crumbling roads and bridges, expand 
broadband--which is the infrastructure of the 21st century--and give 
our communities the tools to build resilience against natural 
disasters.
  This is something my communities across Minnesota's Second 
Congressional District are united on. They partnered with me to help 
shape the surface transportation provisions in this bill, which include 
investments in our infrastructure that would put Minnesotans to work on 
critical infrastructure needs like:
  Adding a lane on I-35 in Lakeville;
  Improving Highway 52 in Goodhue County; and
  Completing outstanding projects on Trunk Highway 13 in Savage.
  I am proud that today's legislation includes two bills that I have 
authored guided by mayors, small business owners, and farmers across my 
District--the Local Water Protection Act and the Resilience Revolving 
Loan Fund Act--to keep pollutants out of our snow and storm runoff. 
This bill will give our communities the resilience they need before 
those natural disasters hit.
  Mr. Speaker, I urge my colleagues to set partisan politics aside and 
stand up for the infrastructure investment for our communities.
  Mr. GRAVES of Missouri. I continue to reserve the balance of my time, 
Mr. Speaker.
  Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
California (Ms. Waters), who is the chair of the Financial Services 
Committee and who has a major section of the bill before us.
  Ms. WATERS. Mr. Speaker, I thank Chairman DeFazio for his tremendous 
leadership and work on this legislation.
  Mr. Speaker, I rise in strong support of H.R. 2, the Moving Forward 
Act, which includes $100 billion in critical funding for our Nation's 
affordable housing infrastructure to create or preserve approximately 
1.8 million affordable homes. While we need stronger and better roads 
and bridges, they mean nothing for families who don't have a roof over 
their head or who are forced to live in substandard housing.
  This country is in the midst of an affordable housing crisis. It is a 
crisis of tragic proportions that has resulted in over 550,000 people 
experiencing homelessness and nearly 38 million renter households 
paying unaffordable rent even before this crisis began.
  The public health crisis that we are currently experiencing has 
exacerbated matters with millions of Americans across the country 
having lost their jobs and struggling to afford housing costs. 
Communities of color continue to suffer disproportionately, both from 
the virus and the resulting economic damage. The investments into 
affordable housing through this bill will not only increase and improve 
the supply of affordable housing, but it will also create jobs 
throughout the country and generate revenue for State and local 
governments which will go a long way to help our economy recover from 
the pandemic.
  So I want to thank Speaker Pelosi and, of course, again, Chairman 
DeFazio for their work putting together this legislative package.
  Mr. Speaker, I urge my colleagues to support this important piece of 
legislation.
  Mr. GRAVES of Missouri. I continue to reserve the balance of my time, 
Mr. Speaker.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
Pennsylvania (Mr. Lamb), who is a member of the committee.
  Mr. LAMB. Mr. Speaker, I know a steel company in western Pennsylvania 
that makes compressors and turbines. They compete against General 
Electric, but they have found a way to survive as a hometown company 
that pays a union wage. Yet we tax this company. We tax them with our 
poor infrastructure. They ship their goods out of the Port of 
Philadelphia which should only be a 300-mile drive from their location, 
but it is a 900-mile trip for their trucks to find roads and bridges 
that can withstand the weight of their loads.
  So this company that builds American, that hires American, and that 
has stayed with us when so many have left pays three times what they 
should just to get their goods to market.
  For how long?
  How long until GE simply outlasts them?
  Or how long until they have to cut jobs because they simply cannot 
cut these trucking costs?
  So we can pay now by saving these jobs and create new ones building 
things, or we can pay later with more unemployment and the damage done 
by bad roads. That is the choice we are presenting with today's bill.
  Does it cost money?
  Yes. It is money that will go into the hands of people with 
jackhammers, shovels, and trucks. That is money well spent. I urge my 
colleagues to support this bill.
  Mr. GRAVES of Missouri. I continue to reserve the balance of my time, 
Mr. Speaker.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Pelosi). Nancy D'Alesandro Pelosi is the Speaker of the 
United States House of Representatives.
  Ms. PELOSI. Mr. Speaker, I thank the gentleman for yielding and 
acknowledging my maiden name, D'Alesandro.
  In any event, Mr. Speaker, this is a special day. In the election, 
the Democrats said that we were going to increase paychecks by building 
the infrastructure of America with green, resilient, modern and job-
creating infrastructure. Building infrastructure has always been a 
nonpartisan issue, a bipartisan issue. We have all taken great pride in 
the regions we represent and the great effort to meet the needs of 
those communities.
  Today, House Democrats are proud to bring to the floor H.R. 2, the 
Moving Forward Act, to deliver on our promise. Moving forward, that is 
exactly what this legislation will enable our country to do.

  H.R. 2 takes bold, broad, and transformational action to rebuild our 
infrastructure and make it smarter, safe, and built to last while 
addressing key injustices in America which have been laid bare in the 
COVID-19 crisis.
  Across the country day in and day out, the American people have been

[[Page H2932]]

shining a light on those disparities and are demanding justice, racial 
justice, and also environmental justice, healthcare justice, justice in 
financial security, justice in transportation and more, which target 
communities of color.
  Transportation justice, people don't think of that as an injustice, 
but in many cases it is, and we can give you examples, Mr. Speaker.
  So here we are today with H.R. 2, an all-caucus effort strengthened 
by the intellectual resources brought by so many Members from across 
the country.
  The chair of the Transportation and Infrastructure Committee has been 
our maestro in all of this. For decades he has served on the 
Transportation and Infrastructure Committee, but he has also chaired 
the Natural Resources Committee. So the combination of infrastructure 
and environmental protection, preserving our planet as we promote 
commerce, comes naturally to him. We are really blessed by his years of 
experience, knowledge, and strategic thinking on this subject.
  I thank Mr. DeFazio for being this person at this time so needed by 
our country. He is always thinking of when we build our infrastructure 
how we create jobs in the building, how we promote commerce and 
preserve jobs in the meantime, and how we save time in getting product 
to market, especially our agricultural products, which are so, shall we 
say, perishable and where time is important, how we clean the air by 
having more mass transit, bicycle lanes, and the rest. One way or 
another, this is a health issue, an environmental justice issue, a 
commercial issue, and in every way an important day for us.
  Again, he had a 24-hour marathon markup of the bill--that itself is a 
sign of the stamina it takes to build the infrastructure--following 
nearly 20 committee hearings on the transportation pillar of this 
project.
  Also part of all of this is Mr. Pallone of the Energy and Commerce 
Committee which has made a strong down payment on a clean energy future 
and upgrading hospitals, community health centers, and healthcare 
infrastructure to increase capacity and strengthen care during COVID-
19, and, of course, into future public health emergencies and the 
ongoing health needs of our country.
  Mr. Pallone was also instrumental in the infrastructure for building 
broadband for our country, another injustice that we want to rectify so 
that all children and all families in America have access to broadband 
in this time of distance learning, telemarketing, telemedicine, and the 
rest.
  Mr. Clyburn, our distinguished whip, is very much a part of 
addressing that issue as well.  Bobby Scott is the chair of the 
Education and Labor Committee. I name these chairmen and it gives me an 
opportunity to use their names to praise them, but also to talk about 
what this bill does.
  We tell children that education is so important to their own self-
fulfillment, to their communities, and to the competitiveness of 
America. Yet we send those children to school which gives them a 
different message about the importance of education if those schools 
are not up to par for these children to learn. They are not wired for 
the future, and they have contamination that is dangerous to their 
health. They are just not meeting their educational needs. So let's 
respect our children, as we tell them to study, to give them the tools 
to do so, increasing capacity and strengthening their ability to learn. 
Again, COVID-19 points out some of those disparities in our system as 
well.
  Richie Neal on the Ways and Means Committee was very much a part of 
some of the initiatives because the tax code is so important when we 
are trying to increase energy efficiency, increase climate resilience, 
and create many millions of good paying jobs. He was able to 
accommodate so many excellent ideas from our Members, including our 
distinguished chair of the Select Committee on the Climate Crisis, 
Kathy Castor of Florida. Many of her proposals in her report are 
manifested in this bill, H.R. 2, some of them by way of the Ways and 
Means Committee.
  Maxine Waters we just heard from, Madam Chair of the Financial 
Services Committee, who is advancing justice and equality in housing in 
our country and expanding affordable housing across the country whether 
it is public housing or addressing issues that relate to homelessness 
and issues that relate in so many different ways. She has been a leader 
in all of this, and this infrastructure bill has a substantial 
infrastructure piece for housing.

  So whether we are talking about roads and bridges and the safety of 
all of that, whether we are talking about broadband or hospitals, 
whether we are talking about education and schools, whether we are 
talking about housing, whether we are talking about our labs, Mr. Ben 
Ray Lujan, who is assistant speaker, member of the leadership, 
Congressman Lujan is with that, also joining Eddie Bernice Johnson of 
the Science, Space, and Technology Committee in advancing that.
  Mr. Peterson brought some things from the Agriculture Committee. 
Chairman Bennie Thompson brought so much from Homeland Security. 
Carolyn Maloney is protecting our Postal Service from her position on 
the Oversight Committee. The list goes on and on, including Mr. 
Grijalva in terms of the green infrastructure of America.
  So this is the product of so much knowledge, experience, and the 
intellectual resources of people outside with their magnificent 
mobilization at the grass-roots level for all of these things.
  I think that if there is any bill that comes together in the Congress 
it is this bill that shows that everything in our country is connected, 
from the education of our children to the technologies of the future, 
to the roadmap to get there.
  So I thank Mr. DeFazio for making this important occasion possible. I 
say to him sometimes in jest but always sincerely: Our hopes, Mr. 
DeFazio, are riding on you with this important transportation bill for 
the people, the Moving Forward Act. As Americans across the country 
demand justice, equality, and change, Congress must join them by taking 
bold action to deliver progress in their lives.
  Mr. Speaker, I urge a strong bipartisan vote for the people on H.R. 
2.
  I see Mr. Blumenauer there who has been a champion on infrastructure 
for so many years in the Congress and his many years on this committee, 
Transportation and Infrastructure, and now the Ways and Means 
Committee, but so many people, the intellectual resources of the entire 
Congress are manifested in this bill, and I urge a very strong vote on 
H.R. 2 as it moves our country forward.

                              {time}  1515

  Mr. GRAVES of Missouri. Mr. Speaker, I yield 2 minutes to the 
gentleman from Florida (Mr. Waltz).
  Mr. WALTZ. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I rise today to highlight a glaring deficiency in this 
bill and a missed opportunity to improve America's clean water 
infrastructure.
  The infrastructure package before us today, unfortunately, fails to 
modernize the Clean Water State Revolving Fund, or the Clean Water SRF. 
This program allocates Federal money to States and to communities 
through the States for clean water initiatives.
  Mr. Speaker, this bill, H.R. 2, finally reauthorizes the program for 
the first time since 1987. For that reason, a debate on improving the 
program, creating efficiencies, and investing more in clean water 
infrastructure is certainly warranted. Unfortunately, that debate has 
not occurred in this bill.
  What this bill does do is increase spending for the program fivefold, 
from the $1.6 billion appropriated in fiscal year 2020 to an $8 billion 
authorization for fiscal year 2021. However, we have not done any 
evaluation of how that money has been distributed to States through a 
formula that EPA calls the allotment.
  The allotment determines how much funding each State receives on an 
annual basis, and that hasn't changed since 1987. Frankly, no one 
really knows all the components that make up this formula.
  So let me reiterate: The bill before us this week increases spending 
for the program by five times without even a discussion or a debate at 
the committee or on the House floor about how that money should then be 
provided to the States.
  Mr. Speaker, I offered a bipartisan amendment with Representative 
Brown of Maryland that would implement the EPA's 2016 recommendations

[[Page H2933]]

to Congress for updating the allotment by considering population, 
considering infrastructure, considering other needs, considering water 
quality.
  Mr. Speaker, I urge the chairman to work with us to address this 
issue in conference or on the water resources bill. If the Congress 
authorizes the program for the first time in over three decades, we 
certainly must address the antiquated and unclear allotment to States.
  Mr. DeFAZIO. Mr. Speaker, may I inquire how much time each side has 
remaining.
  The SPEAKER pro tempore. The gentleman from Oregon has 16\3/4\ 
minutes remaining. The gentleman from Missouri has 23 minutes 
remaining.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Ohio (Ms. Kaptur).
  Ms. KAPTUR. Mr. Speaker, I rise in strong support of H.R. 2, the 
INVEST in America Act.
  Through robust Federal recovery efforts, this legislation will create 
real jobs. It will empower communities across our country. America will 
rebuild our crumbling infrastructure, bring our transit and highway 
systems into the 21st century, and advance historic investments in 
clean energy technologies toward a modern power future.
  Additionally, H.R. 2 reauthorizes funding for the Great Lakes 
Restoration Initiative. This invaluable program is central to the 
preservation of the Great Lakes freshwater economy. A Federal helping 
hand will authorize key investments in wastewater infrastructure, 
cleaning up algal blooms, and modernizing the weatherization program to 
confront the 21st century challenges of climate change.
  Crafted with the expert hand of my friend and colleague, Chairman 
DeFazio, with significant input from Members of Congress on both sides 
of the aisle, this legislation will build America forward as a Nation.
  The eloquent words of   Daniel Webster, enshrined on the walls of 
this House Chamber urge us to ``develop the resources of our land, call 
forth its powers, build up its institutions, promote all its great 
interests, and see whether we also in our day and generation may not 
perform something worthy to be remembered.''
  Mr. Speaker, H.R. 2 will be remembered.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Pascrell), a soft-spoken Member of Congress.
  Mr. PASCRELL. Mr. Speaker, I congratulate the chairman. I know he has 
worked hard on this for many moons, and he deserves it. He earned it.
  Mr. Speaker, 64 years ago this week, Dwight Eisenhower signed into 
law the Interstate Highway System. The roads, the bridges, the highways 
of that system connected Americans and communities together like never 
before. It is no stretch that the landmark legislation remade the 
United States for a new postwar era, a great measure for the homeland's 
security. That is how he put it.
  Today, we are implementing the aspirations in the Green New Deal by 
passing our own blueprint for the next century. It includes bridges, 
roads, new trains, buses, new water pipelines in housing. This plan 
invests in electric, solar, water, geothermal, and wind power.
  It includes my own Offshore Wind Power bill that will create clean 
energy jobs and invest in renewable sources of energy, because the 
future can't just be bold and big; it must be clean, too.
  H.R. 2 is a down payment on an America for our children and our 
grandchildren because a living, breathing great Nation invests in its 
future. Today, we are doing exactly that.
  Mr. Speaker, I have been here for 25 years. We have always had 5-year 
plans for infrastructure, and we are back maybe to normality now, 
thanks in great part to our chairman.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. McNerney).
  Mr. McNERNEY. Mr. Speaker, the number of people in this country 
without broadband is outrageous. Being on the wrong side of the digital 
divide has a devastating impact on so many people in our society, 
including students who need to complete homework; veterans and seniors 
who need telehealth services; individuals trying to start a business, 
applying for a job, or teleworking, or keeping up with the news or 
loved ones.

  This pandemic has shined a bright light on the connectivity issues 
and disparities in this country.
  Mr. Speaker, 34 percent of my constituents don't have broadband 
service at home. This is due to gaps in broadband deployment and also 
because many face adoption barriers. People simply can't afford 
service.
  I am proud that H.R. 2 includes the Digital Equity Act, which I 
authored with Representatives Lujan and Clarke. It provides critical 
funding to close gaps in broadband adoption and promote digital 
literacy.
  We are long overdue for ensuring that every American is connected to 
broadband, but we have an opportunity to rise up to this challenge and 
address this issue by voting ``yes'' on H.R. 2.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield such time as he may 
consume to the gentleman from Louisiana (Mr. Graves).
  Mr. GRAVES of Louisiana. Mr. Speaker, I appreciate the gentleman for 
yielding time.
  Mr. Speaker, I have been listening to this debate now for several 
minutes, listening to all this talk, and it really is just incredible 
to me to listen to some of the things that are being said.
  I have heard people say that we have resiliency provisions, but that 
doesn't address the cause of climate change. Well, let's be clear. You 
can stop all emissions today--all of them--and we already have momentum 
built up to where it is going to continue warming. You have got to make 
investments in resilience.
  Mr. Speaker, I heard our distinguished chairman earlier say it 
doesn't make sense to invest in roads because they are going to be 
underwater, which is why I offered an amendment in committee that 
actually invests in predisaster mitigation for roads. And I thank the 
chairman for accepting the amendment.
  So, we have led efforts to try to improve the resiliency of these 
infrastructure investments.
  Mr. Speaker, I also remind the chairman that the DRRA legislation 
that we just did last Congress, that I sat down in his office to 
negotiate with him, to talk through policy solutions with him--and I 
appreciate the time, and we made huge progress. I would say that as a 
result of that legislation and other actions that last Congress, we 
made more progress on resiliency than any other time. Mr. Speaker, this 
was done under a Republican Congress, but more importantly, it was done 
in a bipartisan manner.
  Mr. Speaker, now, I have heard people stand here and talk about, 
``Oh, we have to reduce emissions.'' Mr. Speaker, for every ton of 
emissions we have reduced in the United States, China is increasing 
their emissions by tons, by multiple tons more.
  Climate isn't a national or a continental issue. It is a global 
issue. You can't reduce emissions by reducing them in the United States 
and having other people increase theirs multiple times more than our 
reduction. That doesn't make sense.
  Why would we penalize--I will say it again--the poorest among us, 
those who can't afford it, in the middle of a coronavirus pandemic, in 
the middle of some of the highest unemployment rates we have seen in 
our lifetime? People have lost their jobs, and we are going to impose 
more costs on them. This bill doesn't make sense.
  Mr. Speaker, there is all sorts of talk about electric vehicles, 
about how we need transitional electric vehicles. Mr. Speaker, I noted 
earlier that we don't have the electricity infrastructure--and this 
bill doesn't address it--to power all of those cars.
  I will say it again: Where is the energy going to come from? Our 
current generation capacity, our current grid infrastructure, cannot 
support it.
  Another question: I hear my friends on the other side of the aisle 
often talk about the fact that we don't have enough investment in 
infrastructure. The highway program is paid for as a user fee. It is 
paid for by a gasoline tax. It is a user fee.

[[Page H2934]]

  Yet, this bill diverts billions of dollars out to things that don't 
have anything to do with infrastructure. You are exacerbating the 
insolvency.
  And I remind you, electric vehicles don't pay a user fee. They are 
freeloaders. So by forcing transition, you actually cause insolvency or 
bankruptcy of our national highway system investments faster.
  I will say it again: The bill doesn't make sense.
  Mr. Speaker, just this morning, the Speaker of the House and the 
Democrat members of the Select Committee on the Climate Crisis released 
a 547-page climate report. Now, I saw it for the first time yesterday 
afternoon, and I will admit, I haven't had a chance to get through much 
of it yet. The New York Times has had more time than I have. They 
actually got it last week. Maybe I can call The New York Times and 
learn more about what is actually in there.
  How in the world can a report that was just released be represented 
in this bill? How does that happen? It doesn't happen. The bill doesn't 
include the recommendations. This House passed a rule to create a 
committee, and now they are being ignored.
  Mr. Speaker, in the committee, I offered an amendment to expedite the 
implementation of green energy projects, and I was told that the 
amendment was not germane because it had to do with aviation on airport 
property. Yet, in the en bloc amendments, part C, we have aviation 
amendments all over the place.
  We have amendments in there that force airports to give airport 
infrastructure funds to private entities that run sky malls. We have 
provisions in there that take the taxes, the user fee from the aviation 
fuels, and give it to local and State governments, not investing it 
back in aviation, therefore causing Federal taxpayers to have to put 
more money into aviation. We have a ``creating cash for clunkers 
program'' for airlines in this bill.

  Again, I was told that a green energy provision dealing with airports 
was not germane in committee. Yet, this bill now has 1,400 pages of 
text that was airdropped in here, never seen the light of day in our 
committee, airdropped in here, 1,400 pages of text. The bill that came 
out of committee, it may be 1,100 pages. It is extraordinary. It is 
absolutely extraordinary what is happening today.
  Mr. Speaker, perhaps most offensive to the people that I represent is 
that we offered amendments, for example, to clarify the eligibility of 
the $10 billion in Corps of Engineer funds that were airdropped in this 
bill, to offer language that just clarified that projects under the 
Mississippi River and Tributaries Program, one of the large 
construction programs the Corps of Engineers runs, each project has to 
be authorized by Congress.
  We just offered an amendment to clarify that, and I was told, ``Oh, 
no, you can't do that because those are water-resources related 
provisions.'' So, I was prevented from being able to simply make the 
Morganza to the Gulf project eligible for funding.
  Instead, we are going to spend billions of dollars picking up the 
pieces of these flooded communities over and over again instead of 
actually being proactive and protecting them.
  Mr. Speaker, it was a bipartisan amendment, and I was told: You have 
to do that in WRDA.
  However, if you are Conor Lamb, you get your Corps of Engineers 
amendments in here because those are included. If you are a vulnerable 
Democrat, you get your Corps of Engineers amendments. But if you are 
not, you are not allowed to get those.
  Maybe I should have given my amendment to Conor Lamb. Maybe that is 
what I should have done, if that is how those get in there. They have 
different standards for different people.
  Mr. Speaker, I am trying to represent the people that sent me here to 
represent them.

                              {time}  1530

  Another amendment that is squarely within transportation jurisdiction 
is a bipartisan amendment--I will say it again, Mr. Speaker, a 
bipartisan amendment--that would allow us to expedite the process to 
build a crossing of the Mississippi River on I-10, just to expedite it, 
because we have one of the worst bottlenecks in the Nation in the Baton 
Rouge area. I was told once again: No, no, no. You can't do that, can't 
even offer the amendment up.
  So I will give the statistics again, Mr. Speaker. Of nearly 390 
amendments offered up for this bill, in addition to the over 300 
amendments offered up in committee--over 100 by Democrats in committee 
because they had problems with the bill--148 of these amendments are 
Democrat amendments, 148. And, that, of course, compares to somewhere 
around 22 Republican amendments that are being allowed to be offered.
  Mr. Speaker, I urge rejection of this bill. Let's sit back down, as 
we have done in this Congress, in this Chamber, for decades, watching 
people on a bipartisan basis put infrastructure bills together that 
advance the interests of the American citizens, and address the 
incredible infrastructure needs that we have in this Nation.
  Mr. DeFAZIO. Mr. Speaker, I would like to inquire as to the amount of 
time remaining.
  The SPEAKER pro tempore. The gentleman from Oregon has 13\3/4\ 
minutes remaining. The gentleman from Missouri has 14\1/2\ minutes 
remaining.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, just in response to the gentleman, he had a duplicative 
amendment on resilience. There is $6.25 billion for predisaster 
mitigation resilience in this bill. But again, building in resilience 
is only dealing with the effects of climate change, not reducing 
climate change.
  He said: Oh, we should just throw up our hands because the Chinese 
are polluting the hell out of things.
  Oh, that is a great attitude. The U.S. used to be a leader on these 
policies until Trump came to the White House and said it is a hoax, and 
that sort of unleashed China and other countries. He said the U.S. is 
out of the Paris Agreement. That unleashed China and these other 
countries.
  But we can deal with it. We can deal with it in our trade policy. We 
can put a huge tax on imports that are contributing to fossil fuel 
pollution.
  We can deal with this, and we should deal with this as a nation, but 
we need to show leadership again in this area.
  Then he talked about there is nothing for electricity in this bill--
and he can come down later for the debate on the E&C section. There is 
a massive investment on renewables, a massive investment in 
transmission in this bill. So that is not quite accurate.
  And the user fee, guess what? We have been in a shortfall on the user 
fee for about two decades. The last time we increased the user fee was 
when we had a Republican over there with guts named Bud Shuster, who 
stood up to Newt Gingrich and joined with the majority of Democrats and 
raised the Federal gas tax. It hasn't been raised since 1993, 27 years.
  And when they did the FAST Act, what did they do? They made up phony 
things. They said: Oh, we are going to take money from the Federal 
Reserve that doesn't exist, that is, $26 billion. Oh, we are going to 
have private tax collection that is going to make money--except it has 
been tried twice under Republican Presidents and it loses money.
  And they came up with all of these phony pay-fors, and they say it 
was paid for by user fees. No, it was paid for out of the general fund. 
It ran a $90 billion deficit, paid for out of the general fund. We 
borrowed the money. It is an investment.
  Mr. Speaker, I yield 1 minute to the gentlewoman from Washington (Ms. 
DelBene).
  Ms. DelBENE. Mr. Speaker, I rise today in support of H.R. 2, the 
Moving Forward Act. It is comprehensive infrastructure legislation that 
will rebuild and modernize our infrastructure, build a clean energy 
future, and put people to work across the country. The bill also 
includes my bipartisan Affordable Housing Credit Improvement Act, 
provisions from that act.
  I have heard, in my State of Washington, from several housing 
projects that are halted due to the falling 4 percent rate. This bill 
would establish a permanent 4 percent credit, helping projects that are 
currently stalled across the country.
  The bill makes a substantial investment in the housing credit by 
increasing the annual allocation by more than 50 percent over 2 years. 
It also adds important incentives for rural and Tribal communities and 
for projects that

[[Page H2935]]

serve extremely low-income families. In total, the affordable housing 
credit provisions in H.R. 2 will produce more than 600,000 affordable 
housing units over 10 years.
  H.R. 2 is a crucial step for relief and recovery, and I urge my 
colleagues to vote ``yes.''
  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of time.
  Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to gentleman from Oregon 
(Mr. Blumenauer), a leader on transportation issues.
  Mr. BLUMENAUER. Mr. Speaker, I deeply appreciate the gentleman's 
courtesy, and I appreciate the work that he has done. I admire his 
restraint in his response to the gentleman from Louisiana, who in the 
beginning of his comments acknowledged that Chairman DeFazio spent time 
with him going over a variety of things, for a person in the minority 
party, a relatively junior Member. That is how Congressman DeFazio 
operates.
  He studied under Bud Shuster and Jim Oberstar back when we were 
putting things together big picture, standing up to Newt Gingrich and 
Bill Clinton, dealing with those financing issues.
  This piece of legislation, I think, is the most consequential since 
we had the ISTEA legislation. And in a sense, I think it is more 
consequential, because it ties together all of these pieces in terms of 
resilience, climate change, dealing with decades of neglect in terms of 
resources and people who are too timid in moving forward. I am in awe 
of all of the pieces that have been fit together. And if people will 
examine the elements of this bill, they will understand that.
  Yes, there are incentives for electric vehicles. There are also 
resources here to study a new way of financing, dealing with road user 
charges. The pieces fit together and provide a foundation for us going 
forward.
  This is a blueprint. It is a point of departure. It is not the 
finished product, but it is what we are going to be dealing with in the 
House, I think, throughout the next year-and-a-half as we are meeting 
the challenges that have been given to us.
  There may be people like Trump who claim that they want to spend $1 
trillion or $2 trillion. This is a plan for the future. This ties the 
pieces together. This is climate friendly. This is economically 
visionary. This provides the tools to local governments that have been 
waiting for the Federal Government to step up and honor that 
partnership.
  I thank the gentleman for what he is doing and look forward to 
working with him to build on it as it moves its way through the 
legislative process. And ultimately this is going to be enacted into 
law. It is a framework for where America will go.
  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Illinois (Ms. Kelly).
  Ms. KELLY of Illinois. Mr. Speaker, I rise today in support of H.R. 
2, the Moving Forward Act.
  For too long, we have neglected our Nation's roads, bridges, and 
airports, while inequalities in broadband access and healthcare have 
increased.
  Our Nation's infrastructure is in need of significant upgrades to 
make our roads safer, reduce congestion, and make our transportation 
networks more energy efficient.
  The Second District of Illinois, in particular, will benefit from the 
support for small airports, investment in rail, and increased access to 
affordable housing.
  This bill invests $100 billion to promote competition for broadband 
internet infrastructure for underserved rural, suburban, and urban 
communities.
  The coronavirus epidemic has shown just how important it is to have 
access to high-speed internet. From completing school classes at home 
to conducting a virtual visit over telehealth, the need for 
connectivity has never been higher.
  I hope my colleagues on the other side of the aisle will continue to 
look at infrastructure as a bipartisan issue and support this package 
to upgrade our communities for the 21st century.
  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Michigan (Mrs. Dingell).
  Mrs. DINGELL. Mr. Speaker, I rise in strong support of H.R. 2, the 
Moving Forward Act.
  I want to thank Speaker Pelosi and Chairman DeFazio for their 
outstanding leadership.
  The time is now to rebuild America. Investing in our Nation's 
infrastructure is bigger than just mending our roads, bridges, and 
airports. It will mean a boost to future manufacturing. It will create 
good-paying jobs.
  It will transition our Nation to a clean energy economy and will 
build the infrastructure for those electric vehicles we need to put on 
the road to be globally competitive and put us on track for robust 
future growth.
  Over the next decade, we have to seize this opportunity, and we must 
seize it for every community across the country, urban, suburban, and 
rural alike.
  This bill is designed to rebuild communities that are smarter, safer, 
and made to last. And with American grit and ingenuity, we can 
accomplish this and more.
  I am proud that a number of provisions that I have championed are 
included in this legislation.
  I urge all of my colleagues, Republicans and Democrats, to support 
this important bill and come together. The American people have sent us 
here to find common ground on the toughest issues for all future 
generations to prosper.
  And as my Governor says: ``Fix the damn roads.''
  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to gentlewoman from 
Illinois (Ms. Schakowsky).
  Ms. SCHAKOWSKY. Mr. Speaker, the Moving Forward Act marks a 
transformational investment in America's infrastructure that will 
create millions of jobs and take bold action on the climate crisis.
  In case anybody forgot, 2020 began with one of the worst wildfires in 
the history of the world, devastating 45 million acres in Australia. 
And now fires are raging in Siberia, and the temperature in the Arctic 
Circle actually hit a record 100 degrees Fahrenheit. So it is past time 
for Congress to act.
  This is such a comprehensive bill. I want to thank Chairman DeFazio 
for also including the Motor Vehicle Safety Title, and I include in the 
Record a report from Consumer Reports on the lifesaving impact the 
Motor Vehicle Safety Title will have.

                 [From Consumer Reports, June 29, 2020]

 Safety First--Car Crashes, Innovation, and Why Federal Policy Should 
       Prioritize Adoption of Existing Technologies to Save Lives


                           Executive Summary

       To provide a guide for policymakers and the auto industry 
     on how best to substantially and expeditiously reduce road 
     crashes, deaths, and injuries, this study analyzed the safety 
     benefits of currently available crash avoidance systems and 
     other existing motor vehicle safety technologies, including a 
     review of the safety research that has been conducted on the 
     topic. The focus of this analysis was the publicly available 
     fatality reduction benefits of safety technologies 
     extrapolated to the entire U.S. light vehicle fleet--with 
     systems evaluated that exist today, as opposed to creating 
     estimates of effectiveness based on simulated or idealized 
     technology. The analysis found that currently available 
     automatic emergency braking (AEB), lane departure warning 
     (LDW), blind spot warning (BSW), and pedestrian detection 
     technologies would be expected to combine for fatality 
     reductions of 11,800 lives per year once fully adopted 
     fleetwide. Two safety applications of V2V communications 
     technolog--intersection movement assist (IMA) and left turn 
     assist (LTA)--would be estimated to save more than 1,300 
     lives per year with full fleet adoption. One existing drunk 
     driving prevention technology, the Driver Alcohol Detection 
     System for Safety (DADSS), would be estimated to save 3,700-
     7,400 lives under the scenarios assessed. Summed together, 
     existing motor vehicle safety technology would save 16,800-
     20,500 lives per year if equipped across the full U.S. light 
     vehicle fleet. This totals approximately one-half of the 
     36,560 lives lost on U.S. roads in 2018. Therefore, to cut 
     roadway fatalities in half, policymakers should prioritize 
     requiring and setting strong performance standards for 
     existing vehicle safety technologies, and automakers should 
     equip effective systems standard across all trim lines of 
     their models as soon as possible.


                              Introduction

       The United States faces a road safety crisis. In recent 
     years, motor vehicle crashes in the U.S. have accounted for 
     at least 36,000 deaths and 2.5 million injuries per year: 
     These crashes are the leading cause of death in the first 
     three decades of Americans' lives,

[[Page H2936]]

     and they cost the nation an estimated $800 billion in direct 
     and indirect expenses per year.
       Substantial reductions in motor vehicle deaths, injuries, 
     and crashes will be required for the U.S. to achieve a 
     transportation system in which people can readily get around 
     without fear that they or their loved ones will not make it 
     to their destination. As part of the pursuit of safer roads, 
     a suite of technologies has developed through auto industry 
     innovation that, over time, will revolutionize the 
     experience--and the safety--of driving a car. Various 
     existing crash avoidance systems are capable of automatically 
     applying the brakes to avoid a crash, warning drivers of a 
     vehicle in their blind spot, or detecting a pedestrian 
     crossing the street. These technologies are all on cars 
     today, providing major proven safety benefits to consumers.
       To provide a guide for policymakers and the auto industry 
     on how best to substantially and expeditiously reduce road 
     crashes, deaths, and injuries, this study analyzed the 
     fatality reduction benefits of currently available crash 
     avoidance systems and other existing motor vehicle safety 
     technologies, including a review of the safety research that 
     has been conducted on the topic. The estimated lives saved on 
     U.S. roads depends greatly on the choices made by 
     policymakers; specifically, whether they choose to prioritize 
     mandating existing crash avoidance systems or expediting the 
     future deployment of automated vehicles (AVs) as envisioned 
     under previous legislation.


                               Background

       For vehicle safety technologies to deliver in full on their 
     lifesaving potential, they must--by definition--be standard 
     equipment on all vehicles on our roads. It is also critical 
     for there to be strong performance requirements for these 
     technologies, so that safety innovation leads to systems that 
     consumers can trust to function when they need them.
       Today, the U.S. still is far from these goals with respect 
     to crash avoidance technologies. Automatic emergency braking 
     (AEB), a version of which major automakers voluntarily 
     committed to equip standard on virtually all passenger 
     vehicles by 2022, now comes standard on just 67% of 2020 
     vehicle models more than four years after the commitment was 
     made. Pedestrian detection, an enhancement of AEB, comes 
     standard on 61% of 2020 models, while lane departure warning 
     (LDW) and blind spot warning (BSW) lag behind at only 49% and 
     29%, respectively. Furthermore, there are no current laws or 
     regulations in the U.S. requiring automakers to equip their 
     vehicles with lifesaving crash avoidance systems, nor are 
     there any requirements specifying how well the systems must 
     perform.
       Several members of Congress have sought to use federal 
     policy to accelerate auto industry safety innovation and 
     ensure consumers continuously gain greater access to the 
     benefits of crash avoidance systems. For example, a bill 
     recently introduced in the U.S. House of Representatives, the 
     21st Century Smart Cars Act, would require systems including 
     AEB with pedestrian detection, LDW, and BSW to come standard 
     on all new cars and to meet mandatory performance standards. 
     Another new bill, the Five Stars for Safe Cars Act, would 
     require upgrades to the government's New Car Assessment 
     Program (NCAP) so that it accounts for these and other auto 
     safety systems, including through the development of new 
     National Highway Traffic Safety Administration (NHTSA) test 
     procedures, devices, fixtures, and performance metrics.
       There also has been significant manufacturer, investor, 
     media, and government attention in recent years devoted to 
     the role of vehicles with enhanced driving automation 
     systems, the most advanced of which are known colloquially as 
     A Vs or self-driving cars. AVs offer enormous potential to 
     improve safety and mobility by substantially reducing the 
     road crashes attributable to driver error. Similar to what is 
     needed for existing crash avoidance technologies, rigorous 
     performance requirements are essential for driving automation 
     systems to reach their full potential.
       Currently, the real safety benefits A Vs will deliver for 
     consumers are largely unknown. These systems generally are 
     not yet commercially available, and public trust in A Vs is 
     low, with Americans somewhat optimistic about the future of 
     the vehicles while wary of the technology today. In addition, 
     there have been fatal crashes involving driving automation 
     systems, with the National Transportation Safety Board 
     publishing detailed crash investigation reports that found 
     insufficient safety protocols in place.
       In 2017 and 2018, federal legislation was considered in 
     each chamber of Congress that would have expedited the 
     deployment of AVs on U.S. roads for commercial use--without 
     requiring completion of any mandatory standards or 
     performance requirements regulating the safety of these 
     vehicles. The legislation's approach to vehicle safety was 
     the target of significant criticism, including by CR, and 
     the bills were not approved before the end of the 115th 
     Congress.
       Instead of establishing meaningful requirements for AVs to 
     provide greater occupant protection and crash avoidance 
     capabilities, the 2017-2018 legislation would have required 
     only that AVs provide a level of safety the same as the 
     average car on the road. For example, the House's SELF DRIVE 
     Act would have permitted AVs in commerce that could be exempt 
     from one or more federal motor vehicle safety standards if 
     they had ``an overall safety level at least equal to the 
     overall safety level of nonexempt vehicles.'' Nonexempt 
     vehicles--in other words, vehicles on the road today--
     currently have the safety performance of more than 36,000 
     deaths, 2.5 million injuries, and 6 million crashes per year.


                              Methodology

       Fatality reduction benefits were examined for four existing 
     crash avoidance technologies: automatic emergency braking 
     (AEB), lane departure warning (LOW), blind spot warning 
     (BSW), and pedestrian detection. Additionally, the fatality 
     reduction benefits of two safety applications for vehicle-to-
     vehicle (V2V) communications technologies, as well as one 
     drunk driving prevention technology, were investigated. The 
     focus of this analysis was limited to the publicly available 
     fatality reduction benefits of safety technologies 
     extrapolated to the entire U.S. light-duty motor vehicle 
     fleet of about 250 million vehicles--with systems evaluated 
     that exist today, as opposed to creating estimates of 
     effectiveness based on simulated or idealized technology.
       Recently, the National Highway Traffic Safety 
     Administration (NHTSA) conducted a comprehensive meta-
     analysis on three of these technologies: AEB, LOW, and BSW. 
     NHTSA's analysis expanded on the work done by Leslie et al. 
     (2019), which estimated the effectiveness of crash avoidance 
     systems currently equipped on General Motors vehicles. In 
     order to translate these effectiveness rates into fatality 
     reductions, the agency expanded on the work done by Wang et 
     al. (2019), adding consideration for already expected 
     fatality reduction from existing technologies such as 
     electronic stability control (ESC).
       Absent from the agency's meta-analysis are the estimated 
     safety benefits of pedestrian detection. However, in 2017 
     NHTSA published a report detailing the expected fatality 
     reduction from full fleet adoption of this technology. This 
     research was performed with then-available pedestrian 
     detection technology, and the effectiveness estimate was 
     derived from test-track evaluations of the systems combined 
     with contemporary observed crash scenarios and injury risk 
     curves. Further, this report focused only on two prominent 
     vehicle-pedestrian crash scenarios, which accounted for 60% 
     of all fatal pedestrian crashes. Since the publication of 
     this report, pedestrian detection technologies have improved; 
     however, in order to stay consistent with the selected 
     analysis inclusion criteria and more conservative estimates, 
     researchers chose to use the figures from 2017.
       In addition to the four crash avoidance technologies AEB, 
     LDW, BSW, and pedestrian detection, researchers examined the 
     expected fatality reduction benefits of two safety 
     applications of vehicle-to-vehicle
       (V2V) communications technology, as well as one drunk 
     driving prevention technology, if fully adopted throughout 
     the U.S. light vehicle fleet. While these two technologies 
     are not currently widespread on roads, they are the subject 
     of years of extensive testing and they offer a clear path to 
     saving lives.
       To stay consistent with the selected approach to estimate 
     only the more conservative potential of these safety 
     technologies, just two V2V safety applications were used. 
     These two applications--intersection movement assist (IMA) 
     and left turn assist (LTA)--are those that NHTSA used in its 
     expected benefit analysis for its notice of proposed 
     rulemaking to require V2V-capable systems on all new cars, 
     which was finalized in late 2016 and formally published in 
     early 2017.i While additional V2V safety applications have 
     since been analyzed, this report only includes the 
     aforementioned two applications in the benefits analysis for 
     V2V because these two applications address hazards that would 
     not be addressed by other existing crash avoidance 
     technologies.
       Additionally, researchers examined potential reduction in 
     road deaths through the use of drunk driving prevention 
     technology. An analysis of NHTSA's Fatality Analysis 
     Reporting System (FARS) was used to estimate the lives that 
     could be saved if one technology, the Driver Alcohol 
     Detection System for Safety (DADSS), prevented drivers from 
     operating the vehicle if they had a Blood Alcohol 
     Concentration (BAC) of 0.08 or higher. Two estimates were 
     produced: an upper estimate based on the FARS analysis, and a 
     lower estimate that was established by reducing that value by 
     half.
       Researchers evaluated the fatality reduction benefits of 
     DADSS because the technology has been the subject of the most 
     extensive testing and published research among drunk driving 
     prevention technologies. Alternative approaches, such as 
     those based on the use of systems that monitor a driver's 
     performance, may also prove effective at detecting impairment 
     and preventing or limiting vehicle operation by drunk 
     drivers.
       The target crash populations that would be addressed by 
     DADSS are separate from the target crash populations that 
     would benefit from AEB, LDW, BSW, pedestrian detection, or 
     V2V (e.g., in the fatality reduction benefits analyses for 
     these five technologies, all impaired driving crashes were 
     excluded). Therefore, the two technology effectiveness 
     estimates for DADSS (i.e., the upper estimate and lower 
     estimate) were added to the estimates of the other 
     technologies in order to determine an overall number of 
     expected lives saved if the technologies were fully adopted 
     throughout the U.S. light vehicle

[[Page H2937]]

     fleet. These estimates can be summed because their crash 
     populations are exclusive, with no fatal crashes potentially 
     double-counted by the individual technology effectiveness 
     analyses.
       A review of the papers on A Vs found no on-road research 
     establishing that vehicles driving themselves freely on fully 
     public roads provide a safety benefit compared to vehicles 
     operated traditionally by a human driver under the same 
     circumstances. While some AV developers report that they have 
     driven their vehicles many miles without crashes, their 
     detailed safety data is rarely, if ever, made public. The 
     specific conditions under which these vehicles are tested are 
     also not public, and potentially are unrepresentative of the 
     conditions these vehicles would encounter if deployed 
     nationally.


                                Results

       The analysis found that currently available AEB, LDW, and 
     BSW technologies would be expected to combine for fatality 
     reductions of approximately 11,000 lives per year once fully 
     adopted throughout the U.S. light-duty motor vehicle fleet. 
     Currently available pedestrian detection technologies would 
     be expected to prevent at least an additional 800 fatalities 
     per year once equipped on every light vehicle, as well. 
     Additional research outside of this analysis has found that 
     with reasonable system improvements, more than 3,500 lives 
     could be saved annually by pedestrian detection; however, 
     this number was not used in the analysis as the authors of 
     this additional research assumed idealized systems. Two 
     safety applications of V2V communications technology--
     intersection movement assist (IMA) and left turn assist 
     (LTA)--would be estimated to save more than 1,300 lives per 
     year with full fleet adoption. One existing drunk driving 
     prevention technology, the Driver Alcohol Detection System 
     for Safety (DADSS), would be estimated to save 3,700-7,400 
     lives under the scenarios assessed.
       Summed together, these figures led researchers to conclude 
     that existing motor vehicle safety technology would save 
     16,800-20,500 lives per year if equipped across the full U.S. 
     light-duty motor vehicle fleet. This totals approximately 
     one-half of the 36,560 lives lost on U.S. roads in 2018.


                               Conclusion

       This analysis makes clear that the path to substantially 
     and expeditiously reducing the enormous toll of U.S. road 
     crashes runs squarely through the full, fleetwide adoption of 
     currently available crash avoidance technologies and other 
     existing motor vehicle safety technologies. An alternative 
     approach--prioritizing the expedited deployment of AVs that 
     meet the minimum level of safety envisioned by Congress--
     cannot be analytically supported given the lack of available 
     evidence establishing on-road safety benefits to vehicles 
     that drive themselves compared to traditionally-driven 
     vehicles.
       Policymakers in Congress and at NHTSA should prioritize 
     requiring and setting strong performance standards for these 
     existing, lifesaving vehicle safety technologies to 
     accelerate auto industry safety innovation and ensure 
     consumers continuously gain greater access to the benefits of 
     the technologies. Automakers should prioritize equipping 
     effective versions of these features standard across all trim 
     lines of their models as soon as possible and continuing to 
     improve these technologies' safety benefits over time. Delay 
     by either the government or manufacturers would unduly leave 
     people at risk and effectively let essential auto industry 
     innovations go to waste.

  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from New 
York (Mr. Rose).

                              {time}  1545

  Mr. ROSE of New York. Mr. Speaker, I thank the chairman for his 
extraordinary leadership on this extraordinary bill.
  Last year, I stood up right on this floor and asked, ``Where is our 
infrastructure bill?'' Well, thanks to Chairman DeFazio, we finally 
have one.
  This bill allocates $300 billion to rebuild our roads and our bridges 
so my constituents on Staten Island and in South Brooklyn don't have to 
pay thousands of dollars a year to repair road damage to their cars.
  This bill invests $100 billion for more reliable mass transit so my 
constituents in Brooklyn aren't stuck waiting for an R train, F train, 
D train, that never seems to arrive.
  This bill includes my legislation to overturn outdated rules, 
preventing agencies like the Port Authority and the MTA from using the 
tolls they collect to provide discounts for commuters, with no other 
choice but to pay the highest tolls in the country.
  Eleven months ago, I stood here because we couldn't wait another 
year. And now I am proud to be able to tell my constituents they won't 
have to wait. The days of decrepit roads, endless congestion, delayed 
trains and buses will soon be over.
  Mr. DeFAZIO. Mr. Speaker, if the gentleman wishes to close, I have no 
further speakers and I will close.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, before we consider amendments to add to this already 
massive partisan wish list, I want remind members how we got here.
  Just over a week ago we marked up the majority's $500 billion my-way-
or-the-highway bill in the Transportation and Infrastructure Committee. 
That was a partisan bill from the beginning, and aside from maybe a few 
Republican amendments, it remained a partisan bill, and absolutely 
partisan bill, coming out of markup.
  After our markup, the Speaker added in provisions under our 
committee's jurisdiction, some of which completely upended previous 
bipartisan legislation to fit their partisan agenda. Others are issues 
that we could have found bipartisan agreement on if the majority had 
even tried to work with us.
  And now we are about to consider yet another broad swath of 
provisions in a partisan amendment process that is cut short because 
the majority doesn't believe Members should be here when they conduct 
the American peoples' business.
  The majority believes it is acceptable to put together a massive bill 
that is going to turn our transportation system upside down, add $1.5 
trillion in debt, add more items to it with an absurd partisan 
amendment process, and pass it all by proxy.
  All for an infrastructure bill that is not really an infrastructure 
bill at all, it is a climate bill that doesn't even attempt to include 
consensus solutions to these issues, but instead, bludgeons our 
transportation system, industries, and workers into submission.
  Republicans have been ready and willing partners throughout this 
process, but it takes willingness on both sides of the aisle to work 
toward that mutual goal. This bill doesn't offer any solutions, only 
more delays, more costs, and more partisanship that really doesn't help 
any of our communities or our economy.
  Mr. Speaker, for these and many other reasons, this is the first 
surface transportation bill, although this bill barely resembles one, 
but this is the first transportation bill in all my years of Congress 
that I am going to oppose, and I urge my colleagues and fellow Members 
to join me in rejecting this partisan messaging bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, as I pointed out at the beginning of this long debate, 
what we had was a disagreement in principle. And you can't compromise 
on principles.
  We just heard an impassioned speech from Mr. Graves from Louisiana 
about how we should just throw up our hands on fossil fuel reduction in 
the United States because China is building coal plants.
  Well, we used to be a world leader on these things until Donald Trump 
occupied the White House and we walked away from science and we walked 
away from the Paris accord, and that gave leeway to these others 
countries to just say, Well, look at the United States, why should we 
comply with any of these strictures?
  As I mentioned to him, we can deal with those things through our 
trade policy, and we should. I had hoped to debate withdrawal from the 
WTO. At this point it has been precluded by the Rules Committee, but I 
am hoping to bring it up later this year.
  We need to talk about our dependence upon China. We need to talk 
about their abuses of the environment, their abuses of labor, their 
abuses of stealing intellectual property, and all the other things that 
they do over there. And we need to deal with them in a meaningful way 
through trade policy, and we can do that. We could deal with their 
fossil fuel pollution there, too. So that's one point.
  The other would be that this bill is huge and transformative, and we 
need it. The Republican alternative, offered in committee, had zero 
funding for rail. None. It had baseline for transit. Today, transit in 
America has a $106 billion backlog to bring it up to a state of good 
repair. $106 billion.
  Now, the good news is if we do that work, with us closing the final 
loopholes and we buy America, it is going

[[Page H2938]]

to create one heck of a lot of manufacturing jobs here in the United 
States. High tech jobs for new transit vehicles, everything. And then 
for highways they did baseline plus 10 percent.
  We talked about the scorecard of the American Society of Civil 
Engineers. We have 47,000 bridges on the national highway system that 
need substantial repair or replacement. That is about a $200 billion 
bill.
  I tried to get Obama to do that in his Recovery Act, and instead he 
did Larry Summers' stupid tax cuts too small to notice at twice the 
price tag. So we have let that go.

  47,000 bridges. 40 percent of the national highway system has to be 
rebuilt, not just overlaid.
  And then transit. That is a huge bill. Huge. And you can't get there 
with a baseline in transit and a 10 percent increase in highways. And, 
by the way, we are about $100 billion short--over $100 billion short 
with the user fee.
  As I pointed out, the last time the user fee was increased we had a 
Democratic President, a Democratic House, and a guy with a lot of guts 
named Bud Shuster on the other side of the aisle, who was the senior 
Republican on the committee. He ruled Newt Gingrich. He voted 60-some-
odd Republicans with us to increase the user fee. That was 1993. The 
Federal gas tax hasn't been indexed or increased in any way since 1993.
  And the people say, Oh, it is politically toxic. Well, 36 States--36 
States--have raised their gas taxes and user fees and registration fees 
to pay for the projects because people are tired of congestion. They 
are tired of potholes blowing out their tires. They are tired of crummy 
transit that breaks down. They want better rail.
  And people will--if you know that is where the money is going, they 
will pay for it. But here in Washington, D.C., there is a fear, a fear, 
that if we were to raise the user fee, oh, my God, we are all going to 
lose our elections.
  I propose that we just index it and bond it. Today we can borrow 
money for 1.3 percent, virtually nothing. We can do this 5-year bill, 
borrow all the money we need for this bill, and say, We are going to 
pay interest only. We will pay it out of the existing gas tax revenues. 
And at the end of 5 years when we have recovered from the pandemic, 
when we have rebuilt America's infrastructure, and we are looking to 
the future, then we will put in place a new system, and it will be 
vehicle miles traveled when we are ready to go there, but first we have 
to run a national pilot program and get the information we need to get 
there.
  Mr. Speaker, I recommend my colleagues to vote for a 21st century 
transformative infrastructure bill that deals meaningfully with climate 
change, which I believe in, and I believe everybody on this side of the 
aisle believes in.
  Mr. Speaker, I yield back the balance of my time.
  Ms. ROYBAL-ALLARD. Mr. Speaker, I rise today in support of H.R. 2, 
the Moving Forward Act.
  This sweeping legislation brings together some of the best policy 
ideas in transportation, infrastructure, water, energy, housing, and 
education. This House can be proud of supporting these priorities which 
deliver a positive vision for the future of our great country.
  I would like to focus on this bill's incorporation of two important 
factors in the decision-making process for infrastructure projects: 
equity and environmental justice.
  Equity is part of social justice. It means communities have 
opportunity to make the decisions about projects built in their 
neighborhoods. For far too long, marginalized communities, like those 
in my Los Angeles district, have been shut out of decisions that 
directly impact their health and safety. This legislation would 
prioritize projects that are built with community input.
  Environmental justice and the impact of climate change are key 
factors that must be considered when determining how to invest in our 
infrastructure. Every decision must be aimed at reducing greenhouse 
gasses and our carbon footprint for the future of every child in every 
community.
  H.R. 2, would require the Secretary of Transportation to consider 
equity and environmental justice in its grant making decisions, 
including those under the Community Climate Investment grant program 
and the Active Transportation Connectivity grant program.
  H.R. 2 would invest 105 billion dollars in transit programs. It 
doubles the money designated for urban areas and specifically directs 
transit agencies to serve areas with low income populations. This 
directive will help ensure places like Los Angeles and other urban 
areas, will build transit systems that serve every community.
  I'm very pleased my local transit partners at LA Metro have endorsed 
this legislation, stating that ``this much needed federal legislation 
is a bold, thoughtful and visionary proposal that will undeniably 
bolster the expansive work we are doing here in Los Angeles County to 
enhance the mobility of our ten million residents.'' I am glad to have 
their endorsement on this legislation.
  Equity also means equal access. Our experience during the COVID-19 
shutdown demonstrates that businesses and schools can operate remotely, 
only when there is a reliable access to the internet. The Moving 
Forward Act will invest 100 billion dollars to expand and deliver high-
speed broadband internet access to all regions of the country, 
especially in communities which are unserved, underserved or 
experiencing persistent poverty.
  This expansion of access to broadband will help ensure students and 
businesses can reach resources, regardless of their zip code. This 
includes urban centers like those in my Congressional district.
  I am proud to support H.R. 2, The Moving Forward Act, and I urge my 
colleagues in the Senate to work with us to pass this important 
legislation for the American people and our American economy.
  Mr. SCOTT of Virginia. Mr. Speaker, I rise today in support of 
several en bloc amendments to H.R. 2, the Moving Forward Act. This bill 
delivers transportation and infrastructure solutions to the American 
people, improves the safety of commuters and communities, and increases 
community resilience to the climate crisis, while also creating jobs 
for the American people. I was pleased that the Rules Committee ruled 
in order a number of my amendments to further these goals, improving 
water quality in the Chesapeake Bay, supporting National Labs, and 
ensuring that modeling and simulation technology is used to ensure 
federal dollars are spent in cost-effective ways to improve safety and 
protect the environment.
  I urge my colleagues to support an amendment I introduced with my 
colleague from Florida, Representative Stephanie Murphy, which is 
included in amendments in part B, proposed to be considered en bloc. 
Our amendment adds an important sense of Congress that the U.S. 
Department of Transportation ought to maximize the utilization of 
modeling and simulation technology to analyze federally funded highway 
and public transit projects. In doing so, we can best ensure that these 
projects will increase transportation capacity and safety, alleviate 
congestion, reduce travel time and environmental impact, and are as 
cost-effective as possible.
  Modeling and simulation technologies have beneficial purposes--from 
medicine and vaccine development to natural disaster response. Urban 
and transportation planners across the country understand the 
significant benefits of modeling and simulation and as the technology 
continues to rapidly advance, its precision in mimicking real-world 
factors and variables continues to yield incredible savings both in 
manpower and money.
  I also want to urge my colleagues to support the Chesapeake Bay, one 
of America's greatest treasures, by supporting two amendments included 
in part E, proposed to be considered en bloc to improve water quality 
and the quality of life within the Chesapeake's 64,000 square-mile 
watershed. I am pleased to introduce the Chesapeake WILD amendment with 
Representatives Rob Wittman and John Sarbanes, who co-chair the 
Chesapeake Bay Watershed Task Force with me and introduced the 
Chesapeake WILD Act with me last year. A great deal has changed since 
that time, as Americans respond to the COVID-19 pandemic: many have 
lost jobs and outdoor recreation has become an even more important way 
for people to stay physically and mentally healthy; yet not everyone in 
the Chesapeake region has access to safe recreational spaces. In the 
midst of this year's hurricane season, communities throughout the 
Chesapeake Bay watershed are also bracing for the possibility of 
another emergency, made more severe by the climate crisis. Each of 
these challenges has made the Chesapeake WILD grant program more urgent 
than ever.
  This amendment will help restore and protect the Chesapeake Bay 
watershed by investing in green infrastructure, habitat preservation, 
and ecosystem restoration to enhance community resilience, and improve 
water quality, all while creating jobs and enhancing economic 
opportunities throughout the watershed. Along with my friend, 
Representative Sarbanes' Chesapeake Gateways amendment, which I was 
pleased to cosponsor along with Representatives Wittman and Harris, 
this amendment would also increase recreational opportunities in the 
region. I am proud to see bipartisan support for these amendments, and 
I look forward to securing their passage.
  I am also pleased to support an amendment included in part D, 
proposed to be considered

[[Page H2939]]

en bloc, which I cosponsored with Congressman Ben Ray Lujan and other 
supporters of our nation's 17 National Laboratories, including the 
Thomas Jefferson National Accelerator Facility or JLab in my 
congressional district, where work is being done to advance our 
understanding of nuclear physics. Funding to address the infrastructure 
needs and maintenance backlogs across the National Labs system is one 
way that we can support the work of scientists there, whether on clean 
energy or a vaccine for COVID-19. In modernizing the National Labs 
system, we can create shovel-ready construction jobs to put Americans 
back to work right away and ensure the best and brightest scientists 
are recruited to careers in national service and research for the 
common good.
  Mr. Speaker, these amendments help us move forward in an evidence-
based and cost-effective way, supporting coastal communities, 
ecological recovery, commuters, and research in the national interest, 
all while creating good jobs. I urge my colleagues to support this bill 
and these amendments, so that we can make the necessary investments for 
a future that is more resilient, environmentally responsible, and 
connected than before.
  Mr. LOWENTHAL. Mr. Speaker, I rise in strong support of H.R. 2, the 
Moving Forward Act.
  This bill is the product of collaboration across House committees and 
takes a bold step to rebuild our infrastructure while reducing 
emissions and enhancing resilience in communities across the country.
  H.R. 2 makes key improvements that will address challenges we face in 
Southern California. It ensures that states can use more freight funds 
for multi-modal projects, critical improvements we need at freight 
hubs. It invests over $100 billion in transit and has a dedicated 
program to reduce congestion on our highways. And it devotes over $100 
billion to affordable housing to help make sure every American has a 
place to call home.
  The bill also includes a crucial provision to examine the 
administration of a fee on freight transportation. I have advocated for 
years to implement this fee, which would provide a sustainable revenue 
stream to fund sorely-needed freight improvements.
  The Moving Forward Act tackles climate change in every title. It 
invests in zero-emission transit buses and port equipment, incentivizes 
the development of wind and solar energy, and emphasizes resiliency to 
help our communities adapt to rising sea levels. The bill also gives 
key federal support to expand broadband access and re-build schools 
across the country.
  This legislation is a bold step forward for our nation, and I urge 
all my colleagues to vote yes.
  I also wish to include in the Record a letter from the Chairman of 
the Board of Directors of the Coalition for America's Gateways and 
Trade Corridors.

       Thank you for introducing the Investing in a New Vision for 
     the Environment and Surface Transportation in America (INVEST 
     in America) Act. We appreciate the robust funding proposed in 
     the INVEST in America Act and particularly support the 
     freight investment provisions which, with proper 
     implementation, offer the opportunity to strengthen our 
     nationally and regionally significant goods movement 
     infrastructure. While the COVID-19 pandemic has yielded a 
     great deal of uncertainty, it has also shone a light on the 
     essential nature of our nation's supply chain infrastructure. 
     When much of the nation was asked to stay home, the U.S. 
     supply chain continued working to deliver desperately-needed 
     medical supplies and equipment, food, as well as everyday 
     items previously taken for granted.
       The Coalition for America's Gateways and Trade Corridors 
     (CAGTC) is a diverse group of more than 60 public and private 
     organizations dedicated to increasing federal investment in 
     America's multimodal freight infrastructure. In contrast to 
     single mode interests, CAGTC's foremost mission is to promote 
     a seamless national goods movement transportation system 
     across all modes to enhance capacity and economic growth.
       As the legislation advances, we would like to highlight the 
     following for your consideration:
       If top-line funding levels are adjusted as the bill moves 
     forward, Congress should seek to increase--or at least 
     maintain--the funding proposed for freight infrastructure 
     programs, including the Nationally Significant Freight and 
     Highway Projects program (INFRA), Projects of National and 
     Regional Significance (PNRS), and the National Highway 
     Freight Program. Annual funding levels proposed in the INVEST 
     in America Act through these three programs would reach 
     nearly $4 billion per year whereas $12 billion annually is 
     needed for freight infrastructure based on previous INFRA 
     application rounds. Decreasing the amount of funding 
     available to freight projects would jeopardize our nation's 
     ability to move goods through the supply chain quickly, cost 
     effectively, and safely. Not only is an efficient national 
     supply chain critical for COVID-19 relief--it will also be 
     just as essential in supporting our nation's economic 
     recovery.
       We applaud the proposal's continued investment in 
     competitive grant programs, first through the INFRA program 
     and subsequently under the PNRS program. Competitive grants 
     are critical to funding large-scale freight infrastructure 
     projects, which are difficult to fund through traditional 
     distribution methods such as formula programs.
       We support the increased flexibility for funding multimodal 
     freight projects, reflected in both the PNRS and the National 
     Highway Freight Program. Freight does not move on highways 
     alone--where public benefit is demonstrable, federal 
     investment should be made available regardless of 
     transportation mode.
       We have a concern with the PNRS program limitation that 
     reads: ``the project will make a significant improvement to 
     the movement of freight on the National Highway System.'' 
     This limitation, which also appears in the INFRA program, 
     challenges certain projects that are otherwise eligible and 
     meet the listed merit criteria and other considerations. For 
     example, port modernization projects that provide public 
     benefit but do not have a rail component are disadvantaged.
       We appreciate the evaluation and rating requirements 
     included in the INFRA and PNRS programs. Clearly-defined, 
     consistent and transparent merit-based criteria as well as 
     public disclosures of application scores are critical to the 
     integrity of and confidence in competitive grants.
       We support the creation of a task force to study the 
     establishment and administration ofa fee on multimodal 
     freight transportation. In addition to participation by the 
     Internal Revenue Service and the Departments of 
     Transportation and Treasury, we recommend the task force 
     incorporate public and private stakeholder participation, 
     including perspectives offered by the supply chain industry.
       We commend the incorporation of several additional programs 
     and policy advances that CAGTC and its membership have 
     championed, including: establishment of the grade crossing 
     separation grant program; increased funding for the 
     Consolidated Rail Infrastructure and Safety Improvements 
     grant program; designation of a final National Multimodal 
     Freight Network (NMFN) and including in the NMFN designation 
     ports with a cargo value of at least $1 billion annually; 
     updates to the criteria for the National Freight Strategic 
     Plan; and initiation of a National Cooperative Multimodal 
     Freight Transportation Research Program.

  The SPEAKER pro tempore. All time for general debate has expired.


       Amendments En Bloc No. 1 Offered by Mr. DeFazio of Oregon

  The SPEAKER pro tempore. It is now in order to consider an amendment 
en bloc consisting of amendments printed in part B of House Report 116-
438.
  Mr. DeFAZIO. Mr. Speaker, pursuant to section 2 of House Resolution 
1028, I offer amendments en bloc.
  The SPEAKER pro tempore. The Clerk will designate the amendments en 
bloc.
  Amendments en bloc No. 1 consisting of amendment Nos. 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, 34, 35, 36, 37, 38, 39, 40, 41, 42, 
43, 44, and 45, printed in part B of House Report 116-438, offered by 
Mr. DeFazio of Oregon.


         Amendment No. 1 Offered by Ms. Adams of North Carolina

       Page 838, line 22, strike ``2'' and insert ``4''.
       Page 838, beginning on line 23, strike ``minority 
     institutions, as such term is defined in section 365 of the 
     Higher Education Act of 1965 (20 U.S.C. 1067k)'' and insert 
     ``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)''.


          Amendment No. 2 Offered by Mr. Aguilar of California

       Page 333, line 16, strike ``or''.
       Page 333, after line 16, insert the following:
       (4) a special purpose district or public authority with a 
     transportation function, including a port authority; or
       Page 333, line 17, strike ``(4)'' and insert ``(5)''.


          Amendment No. 3 Offered by Mr. Aguilar of California

       Page 253, line 5, insert ``, including local pollution 
     derived from vehicles idling at railway crossings'' after 
     ``pollution''.


          Amendment No. 4 Offered by Mr. Brindisi of New York

       Page 611, line 5, insert ``and hybrid electric buses, that 
     make meaningful reductions in energy consumption and harmful 
     emissions, including direct carbon emissions,'' after 
     ``vehicles''.
       Page 613, line 22, insert ``and hybrid electric buses, that 
     make meaningful reductions in energy consumption and harmful 
     emissions, including direct carbon emissions,'' before 
     ``shall not''.


        Amendment No. 5 Offered by Mr. Cicilline of Rhode Island

       Page 872, after line 24, insert the following:

     SEC. 5110. 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;

[[Page H2940]]

       (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.


            Amendment No. 6 Offered by Mr. Crist of Florida

       Page 635, after line 24, insert the following (and 
     redesignate subsequent paragraphs accordingly):
       (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.''.


            Amendment No. 7 Offered by Mr. Crist of Florida

       Page 636, line 9, strike ``and fatalities,'' and insert 
     ``fatalities, and, consistent with guidelines by the Centers 
     for Disease Control and Prevention, infectious diseases,''.


      Amendment No. 8 Offered by Mr. Cunningham of South Carolina

       Page 166, line 1, strike ``or national security functions'' 
     and insert ``national security functions, or critical 
     infrastructure''.
       Page 168, line 24, insert ``, access to health care and 
     public health facilities,'' after ``evacuation''.
       Page 172, line 13, insert ``, access to health care and 
     public health facilities,'' after ``evacuation''.
       Page 175, line 21, insert ``, access to health care and 
     public health facilities,'' after ``evacuation''.
       Page 179, line 3, insert ``, access to health care and 
     public health facilities,'' after ``evacuation''.


            Amendment No. 9 Offered by Ms. Escobar of Texas

       Page 499, after line 22, insert the following:

     SEC. 1632. 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)).


            Amendment No. 10 Offered by Ms. Escobar of Texas

       At the end of division H, add the following:

     SEC. ___. 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.


          amendment no. 11 offered by ms. eshoo of california

       Page 305, line 22, strike ``or''.
       Page 306, line 2, insert ``or'' at the end.
       Page 306, after line 2, insert the following:
       ``(cc) to provide charging stations that support charging 
     needs for current and future vehicles and minimize future 
     upgrade costs;
       Page 306, line 5, insert ``, including faster charging 
     speeds'' before the semicolon.


           amendment no. 12 offered by ms. finkenauer of iowa

       Page 157, after line 23, insert the following:

     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.


           amendment no. 13 offered by mr. garcia of illinois

       Page 891, line 14, insert ``systems'' after 
     ``transportation''.
       Page 891, line 16, insert ``air quality and climate, energy 
     consumption,'' after ``jobs,''.


         amendment no. 14 offered by ms. jayapal of washington

       Page 483, after line 7, insert the following:
       (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.
       Page 484, line 19, strike ``and''.
       Page 484, line 25, strike the period and insert ``; and''.
       Page 484, after line 25, insert the following:
       (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.
       Page 486, line 2, strike ``and''.
       Page 486, line 4, strike the period and insert ``; and''.
       Page 486, after line 4, insert the following:
       (J) representatives of labor unions that represent key 
     trades and industries involved in infrastructure projects.

[[Page H2941]]

  



         amendment no. 15 offered by ms. jayapal of washington

       Page 925, line 4, strike ``; and'' and insert ``with 
     expertise in personal privacy;''.
       Page 925, line 6, strike the period and insert ``; and''.
       Page 925, after line 6, insert the following:
       (F) consumer advocates.
       Page 925, line 17, insert ``, and information related to 
     consumer privacy'' before the period.
       Page 927, line 15, strike ``and''.
       Page 927, line 19, strike the period and insert ``; and''.
       Page 927, after line 19, insert the following:
       (4) how the personal privacy of volunteers was maintained.


        amendment no. 16 offered by mr. keating of massachusetts

       Page 279, after line 7, insert the following:
       ``(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.
       Page 287, line 24, insert ``, including the Army Corps of 
     Engineers, Bureau of Reclamation, and the Bureau of Land 
     Management,'' after ``204''.


        amendment no. 17 offered by mr. keating of massachusetts

       Page 399, line 12, insert ``, including the Army Corps of 
     Engineers, Bureau of Reclamation, and the Bureau of Land 
     Management,'' after ``204''.
       Page 399, line 15, strike ``Federal lands transportation 
     facility'' and insert ``highway, bridge, or other 
     transportation facility for which title and maintenance 
     responsibility is vested in the Federal Government''.


          amendment no. 18 offered by mr. lamb of pennsylvania

       At the end of subtitle A of title IV of division B of the 
     bill, add the following:

     SEC. __. 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.


          amendment no. 19 offered by mr. larson of washington

       Page 499, after line 22, insert the following:

     SEC. 1632. 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.


           amendment no. 20 offered by mr. levin of michigan

       Page 302, line 16, insert ``environmental and environmental 
     justice organizations,'' after ``organizations,''.
       Page 306, line 16, strike ``and'' at the end.
       Page 306, line 24, strike ``and'' at the end.
       Page 306, after line 24, insert the following:
       ``(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''.
       Page 312, line 6, strike the closing quotation marks and 
     second period and insert the following:
       ``(9) 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).''.


            amendment no. 21 offered by mr. lewis of georgia

       Page 268, after line 14, insert the following:

     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)''.


           amendment no. 22 offered by mr. luria of virginia

       Page 658, line 24, strike the first period through the 
     second period and insert a period.
       Page 658, after line 24, insert the following:
       ``(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

[[Page H2942]]

     low-income areas or that provide access to public 
     transportation to low-income areas that do not have access to 
     public transportation.''.


            amendment no. 23 offered by ms. meng of new york

       At the end of division H insert the following:

     SEC. 40002. 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.


            amendment no. 24 offered by ms. meng of new york

       Page 633, line 10, strike ``and''.
       Page 634, line 9, strike the period and insert ``; and''.
       Page 634, after line 9, insert the following:

       ``(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.''.


            amendment no. 25 offered by ms. meng of new york

       Page 718, line 15, after ``the driver'' insert the 
     following: ``and the officer''.


           amendment no. 26 offered by ms. moore of wisconsin

       Page 407, line 17, strike ``; and'' and insert a semicolon.
       Page 407, line 22, strike ``.''.'' and insert ``; and''.
       Page 407, after line 22, insert the following:
       ``(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 13175 and 
     to serve as the primary advisor to the Secretary and other 
     Department components regarding violations of those 
     requirements.''.


          amendment no. 27 offered by mr. morelle of new york

       Page 705, after line 6, insert the following:

     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.


           amendment no. 28 offered by mrs. murphy of florida

       Page 118, after line 22, insert the following:
       (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.


       amendment no. 29 offered by mrs. napolitano of california

       Strike section 1604 of the bill (and redesignate the 
     subsequent sections accordingly).


         amendment no. 30 offered by mr. norcross of new jersey

       Page 469, after line 21, insert the following (and 
     redesignate accordingly):
       (G) Labor organizations.


           amendment no. 31 offered by ms. omar of minnesota

       Page 61, after line 18, insert the following:

     SEC. 107. 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.


          amendment no. 32 offered by mr. peters of california

       Page 554, after line 8, insert the following:

     SEC. 2113. 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.


          amendment no. 33 offered by ms. porter of california

       Page 930, after line 7, insert the following (and 
     redesignate accordingly):
       (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.


           amendment no. 34 offered by mr. ruiz of california

       Page 801, after line 4, insert the following (and 
     redesignate the subsequent subsection accordingly):
       (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.


         amendment no. 35 offered by ms. schrier of washington

       Page 609, after line 13, insert the following:

     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.''.


           amendment no. 36 offered by mr. scott of virginia

       Page 499, after line 22, insert the following:

     SEC. 1632. 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.


          amendment no. 37 offered by ms. speier of california

       Page 628, line 22, strike ``or'' at the end.
       Page 629, after line 2, insert the following:

       (VII) a Federal Pell Grant under section 401 of the Higher 
     Education Act of 1965 (20 U.S.C. 1070a); or


         amendment no. 38 offered by ms. swalwell of california

       Page 74, line 21, insert ``or exercising an option on a 
     previously awarded contract,'' after ``awarding''.


            amendment no. 39 offered by ms. titus of nevada

       On Page 724, after line 2, insert the following (and 
     redesignate subsequent paragraphs accordingly):
       (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).'';


            amendment no. 40 offered by ms. titus of nevada

       Page 740, line 15, strike ``and''.
       Page 740, after line 15, insert the following:
       (8) 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

[[Page H2943]]

     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''.
       Page 740, line 16, strike ``(8)'' and insert ``(9)''.


           amendment no. 41 offered by ms. tlaib of michigan

       Page 483, after line 7, insert the following:
       (7) 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.


           amendment no. 42 offered by ms. tlaib of michigan

       Page 319, line 22, strike the closing quotation marks and 
     the second period.
       Page 319, after line 22, insert the following:
       ``(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).''.


         amendment no. 43 offered by mrs. torres of california

       Page 499, after line 22, insert the following:

     SEC. 1632. 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; and
       (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.
       Page 925, line 4, strike ``and'' at the end.
       Page 925, line 6, strike the period at the end and insert 
     ``and''.
       Page 925, after line 6, insert the following:
       (F) advocacy groups focused on equity.
       Page 927, line 15, strike ``and'' at the end.
       Page 927, line 19, strike the period at the end and insert 
     ``; and''.
       Page 927, after line 19, insert the following:
       (4) equity effects of the pilot program, including the 
     effects of the program on low-income commuters.


         Amendment No. 44 Offered by Mrs. Torres of California

       Page 499, after line 22, add the following:

     SEC. 163_. 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).
       Page 872, after line 24, add the following:

     SEC. 511_ 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.
       Page 934, after line 19, add the following:

     SEC. 550_ 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) (A) 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

[[Page H2944]]

     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.


         Amendment No. 45 Offered by Ms. Valazquez of New York

       Page 626, after line 25, insert the following:
       ``(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.
       Page 627, after line 19, insert the following:
       ``(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.
       Page 627, line 11, strike ``(7)'' and insert ``(8)''.
       Page 629, line 11, strike ``(8)'' and insert ``(9)''.
  The SPEAKER pro tempore. Pursuant to House Resolution 1028, the 
gentleman from Oregon (Mr. DeFazio) and the gentleman from Missouri 
(Mr. Graves) each will control 30 minutes.
  The Chair recognizes the gentleman from Oregon.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this en bloc amendment, 
which provides for the consideration of 45 amendments filed by Members. 
The amendments contained in this en bloc touch upon various areas of 
highways and transit policy in the base bill, including:
  Strengthening data collections by States under the racial profiling 
grant program carried out by the National Highway Traffic Safety 
Administration;
  Improving the use of grant funds for education and enforcement 
activities regarding cyclist and pedestrian safety. We have seen an 
alarming uptick in that. We do have significant funds in the base bill 
to provide for safer and more opportunities for pedestrian, cycling, 
and alternate modes, access to shopping, groceries, work, and schools, 
something that was substantially eliminated in the FAST Act, and the 
legislation before that, MAP-21.
  It adds charging speed and minimization of future upgrade costs and 
considerations for electric vehicle charging infrastructure grants; 
including environmental and environmental justice organizations on the 
list of relevant stakeholders and considering plans for renewable or 
zero-emission energy sources for charging and fueling infrastructure 
when making awards under the electric vehicle charging grant program;
  Requiring the Department of Transportation to consult with the 
Environmental Protection Agency on the awarding of community Climate 
Innovation Grants and ensure public comment in the determination of the 
types of projects that most significantly reduce carbon pollution;
  Adding additional environmental considerations to the goals of the 
National Highway Freight Program, ensuring that the impacts of railway, 
highway bottlenecks are considered under the program;
  Expanding the role of historically Black colleges and universities 
and other minority-serving institutions in the Department of 
Transportation research;
  Authorizing new research programs to expand transportation access for 
low income, minority, and other underserved communities;
  Ensuring that projects submitted to the FTA Capital Investment Grants 
program can use ridership data collected before the COVID-19 outbreak, 
that makes sense, and projections based on that data; and
  Ensuring that projects carried out under the national surface 
transportation system funding pilot includes privacy protections for 
participants.
  These are just some of the highlights of the amendments included.
  Mr. Speaker, I thank my colleagues for offering these amendments to 
improve the highway and transit portion of INVEST in America Act, I 
urge adoption of the amendment.
  Mr. Speaker, I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, the surface transportation law expires in just a few 
months, and States and workers in transportation businesses are already 
facing some uncertainly over the next two construction seasons due to 
COVID-19. This bill is going to lead to greater uncertainty by 
proposing a seismic shift to our transportation programs by moving us 
farther away from a long-term bill.
  You know, I fought for a seat on the Transportation and 
Infrastructure Committee because of its track record of working across 
the aisle to legislate and get things done. But what we are doing today 
is not legislating. We held a partisan markup in which 112 Republican 
amendments were rejected, and afterwards, the Speaker essentially 
amended it again outside of regular order, by airdropping another $1 
trillion of new provisions in the middle of the night, in addition to 
the provisions that never went through any committee process.

                              {time}  1600

  Several of the added provisions upended previous bipartisan 
agreements. So here we are now considering another set of 45 amendments 
en bloc, and the majority isn't even giving enough time to allow 1 
minute of debate for each amendment. This isn't a serious deliberative 
legislative attempt, which is sad considering just how serious and 
important it is that we address our Nation's infrastructure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
Maryland (Mr. Trone).
  Mr. TRONE. Mr. Speaker, I rise today in support of H.R. 2.
  For too long, western Marylanders have been left behind with little 
to no high-speed internet access. Without broadband, Americans can't 
access telework, telemedicine, tele-education.
  It is time to take bold action. As Whip Clyburn said, just like we 
put down electricity in every home across the country 100 years ago, it 
is time we put broadband in every home across America today. This bill 
does just that by investing $100 billion for broadband development.
  I also want to mention the Appalachian Development Highway System. 
Congresswoman Napolitano offered an amendment to strike a bipartisan 
bill that the committee had adopted unanimously last week. She is my 
friend, but we disagree.
  This bipartisan commonsense bill will speed completion of the 
Appalachian Development Highway System, which is critical to Maryland 
and Appalachia. This program was first established under Lyndon 
Johnson's administration. Five decades later it is still not done. I 
ask my colleagues to oppose the Napolitano amendment and help us 
develop a bipartisan solution to complete the system.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 4 minutes to the 
gentleman from Michigan (Mr. Mitchell).
  Mr. MITCHELL. Mr. Speaker, I thank the gentleman for yielding.
  I listened earlier today to the Democratic leader that I hold in 
great esteem, by the way, wax poetically about this bill before us now, 
wax poetically about how it was developed. I asked for a copy of it. 
The chairman has a copy in front of him there.
  In 3 weeks that massive document was suddenly put together. And he 
asks where is the President's bill? After all the time that both the 
Democratic leader as well as the chairman of this committee has been 
here, they know we don't need a bill from the President to move 
something forward that will work for America. We don't need to sit back 
and wait for somebody else. We are the legislative body. It is our 
bill. It should be our bill, not their bill, not the Republican bill, 
but our bill.
  Because change in America more often is achieved by a bipartisan 
effort on legislation. And believe it or not, over the last 4 years we 
have been here, we have actually achieved that a few times, and it is 
making change in America.

[[Page H2945]]

  The USMCA, the trade agreement finally replacing NAFTA, actually 
becomes official tomorrow finally. And that was a bipartisan effort 
with a lot of teeth, which I know, Mr. Speaker, you are aware of. That 
took quite an effort to achieve. But it also became a bipartisan effort 
to improve trade between the United States, Canada and Mexico finally. 
Is it perfect? Very little ever is, but you sure hope it is better than 
what we had, which I think we can all agree wasn't working very well.
  We achieved the term before that something called the FIRST STEP Act, 
which was criminal justice reform to finally revise sentencing in 
criminal justice at the Federal level after more than a decade of 
wrangling over that.
  And how was that achieved? By a bipartisan effort, not a 2,300-page 
bill developed solely by one side of the aisle brought forth in a 
matter of 10 days, and ta-da we have a magic answer that will solve all 
the problems in America or at least in terms of transportation and the 
Green New Deal. It was by bipartisan effort.
  Like the ranking member, I worked hard to get on committees that were 
bipartisan and would make a difference. I was thrilled to join the 
House Armed Services Committee and the Transportation and 
Infrastructure Committee because we had a history of working on a 
bipartisan basis, which to be honest with you, as of last week was 
tossed in the dumpster.
  You see, a colleague of mine, a Democrat and I, we put forth a 
bipartisan op-ed and policy proposal to fund a national infrastructure 
investment bank. That may not have been the best idea. But it was an 
idea to create an investment fund that would allow States to decide 
what they need to do, rather than have the bureaucrats in Washington or 
in this body, for God's sake, decide whether or not you need a bridge 
versus a railroad or broadband versus pipelines.
  We actually had a way, believe it or not, to fund it. Can you imagine 
that? We had a way to actually fund what it is we are talking about 
authorizing. A radical idea apparently. Never discussed. Never 
discussed at all.
  So instead of moving America forward, we are moving America into a 
ditch. We have a bill that started out at committee at $500 billion, 
and miraculously in less than a week we added $1 billion to it--a 
trillion; I am sorry, Bs and Ts still get me messed up--we added $1 
trillion to it. It is now $1.5 trillion. By the way, with no plan to 
actually fund this thing.
  Estimates on the $500 billion was we would have to increase the gas 
tax. We would have to double it. That was just for the $500 billion. We 
would have to raise the diesel tax significantly, as well. That was 
just for that part, but it is not in this bill. It is not in this bill 
at all.
  So how do we pay for this? Maybe we just have more debt. That is what 
is suggested by the chairman. We will just get more debt because, hey, 
debt is great for America.
  Then we go and we look at what is in this bill. The bill increases 
transit funding by 72 percent.

  The SPEAKER pro tempore (Mr. Courtney). The time of the gentleman has 
expired.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield an additional 2 minutes 
to the gentleman from Michigan.
  Mr. MITCHELL. I thank the ranking member, as I was just getting 
rolling.
  It increases funding by 72 percent for transit funding. Meanwhile, we 
have COVID-19. Use of transit is declining. It is not entirely clear it 
will ever come back, but we will throw more money at it because that 
makes more sense. $2 of every $5 will be spent in this section of the 
bill on the Green New Deal. Forty percent of the additional money will 
be spent on the Green New Deal. I thought it was a transportation bill. 
Mess with me every time.
  Last but not least, it leaves rural America behind. Frankly, I will 
go back to the ditch. We have big ditches where I am from, very large 
culverts. And we are in one now because, for example, the majority 
creates the Rebuild Rural grant program that receives $250 million. 
Woo-hoo, there we go, a little bit of money for them.
  Meanwhile, there is a new program for electric charging stations that 
will largely benefit urban areas because we are going to put $1.7 
billion into electric charging stations. That is not going to help out 
a whole lot in my district in rural America. It makes no sense that 71 
percent of public lane mileage is in rural America, but the majority of 
this goes to urban America.
  If we are going to move America forward, Mr. Chairman, maybe we 
should just call it the moving urban America forward and the rest of 
you all can go back and handle it on your own because this bill doesn't 
do it.
  So I will ask one more time, I ask the committee--we sat through, 
what was it, Mr. Chairman, 26 hours of fun entertainment? I will ask 
one more time: Can we actually do something that this committee that I 
was proud of, which is a bipartisan effort to make transportation in 
America work for all Americans that we can afford and addresses the 
problems? And, yes, I will even accept the Green New Deal, if we talk 
about it on a bipartisan basis. If we talk about things we know make a 
difference. I will accept that. I don't deny that it exists, but it 
would be nice if we didn't throw dollars at everything and hope 
something works.
  So once more, please, a bipartisan effort, and I would be happy to 
support it.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  In response to the gentleman that says, it isn't the responsibility 
of the President to propose an infrastructure plan. He campaigned on 
infrastructure. He campaigned on it.
  Then Secretary Chao said the week of May 15, 2017, the $1 trillion 
infrastructure plan will be out in the next several weeks. Whoops, here 
we are, 3 years later and a couple of months, no plan. Oh, October 9, 
Chao again touts the $1 trillion plan that will soon be available. 
Whoops, that was 2017.
  Then we had the week of February 12. Trump announced a $1.5 trillion 
infrastructure plan. Actually, this time they did propose something. It 
was just written out. It wasn't real language or anything. What it did 
is it said the States will pay for it and the private sector will pay 
for it, and by the way, we will reduce Federal investment. That was a 
great plan. That was a great plan. A really good plan.
  Then we went to the White House, and as other colleagues who were 
there, the majority leader and others said, we went in, and when he 
turned to the Speaker and said, Well, how much are you thinking for 
infrastructure?
  And she said, Well, Mr. President 1 to $1.3 trillion.
  And the President said, No. No, not enough. Not enough.
  1.9, 1.9.
  He said, Nope, nope, nope. Two is better, $2 trillion.
  He agreed to $2 trillion. He agreed to roads, bridges, highways, 
transit, rail, wastewater, drinking water, and broadband. All those 
things are in this bill funded at nearly the level because he was 
proposing a 10-year figure for $2 trillion that he asked for.
  And then again over the last few weeks they are on the verge of 
issuing an infrastructure plan. And I have heard a couple of 
Republicans say it is not up to a President to propose, and it is not 
up to a President to figure out how to pay for it.
  Dwight David Eisenhower; anybody remember him? Federal-Aid Highway 
Program. Remember that? User fees, Dwight David Eisenhower's 
initiative. He was a Republican President. He took initiative.
  And then, you know, JFK brought transit into the mix. And both of 
those things just happened on June 29 and June 30. For Ike it was 64 
years ago, and for JFK, it was 59 years ago when we started making 
major investments in public transit.
  And I heard the gentleman say, Well, who is ever going to use 
transit? Or they might not use it again because of COVID. Well, if we 
don't get a vaccine and things don't get back to regular, yes, they may 
not be using transit. But we are not going to have much of an economy 
because a lot of the economic activity in this country is generated in 
our urban areas. But I represent a mixed district. I have two 
relatively small cities and a very large rural area.
  There is a lot of stuff in this bill that is way better than the FAST 
Act for rural America. We have $1 billion for off-highway bridges. 
There are 47,000 bridges on the National Highway System that need 
repair and replacement, but there are a heck of a lot of bridges

[[Page H2946]]

that are not on the national system. And a lot of those 47,000 are in 
rural areas.
  And the electrification is for the interstate system. And some of it 
will go into urban areas, but it is going to be for the interstate. And 
there are a lot of people in rural America who are dependent upon the 
interstate. And some day they might want to be driving an electric car, 
who knows? But they don't want to have range anxiety maybe. So to say 
this just benefits urban America is an inanity.

  And beyond that, we have put additional money into rural transit in 
this bill. I have rural transit, suburban transit, and, yes, the major 
urban areas, we are going to reinvest there. And, you know, if you 
think it is foolish to reinvest there and you think we are never going 
to be using transit again, then you are looking at a very grim future 
for the United States of America and the world.
  I yield 1 minute to the gentlewoman from Washington (Ms. Jayapal).
  Ms. JAYAPAL. Mr. Speaker, I thank Chairman DeFazio for yielding and 
for this transformational bill that has been put forward, a deeply 
necessary investment in our country's infrastructure.
  My amendment would ensure that our Nation has a well-equipped 
workforce to build climate resilient infrastructure projects. And it 
does this by adding a critical requirement to study labor, workforce, 
and equity considerations.
  Climate change is compelling us to boldly innovate, and workers will 
need training to acquire new skills to implement emerging technologies 
that keep us and our communities safe. As this is unchartered 
territory, we will need to study how to best support our workers so 
they are prepared to meet that challenge head on.
  We also need to make sure that Federal investment improves, not 
worsens existing inequities in our economy. Let's fully identify 
effective strategies to guarantee that jobs are first available to 
populations that face the greatest barriers to employment and are most 
vulnerable to the very risks of climate change that we must address.
  Finally, Mr. Chairman, I have one of those bridges in my district, 
and we desperately need help. We need revenue to rebuild our Nation's 
infrastructure. I have a major bridge in my district that was abruptly 
shuttered.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. DeFAZIO. Mr. Speaker, I yield an additional 30 seconds to the 
gentlewoman from Washington.
  Ms. JAYAPAL. Mr. Speaker, I have a major bridge in my district that 
connects west Seattle to downtown, and it was abruptly shuttered after 
growing cracks were discovered in a routine inspection. Repairs and 
possible replacement will cost hundreds of millions of dollars, and the 
people that live in that part of my district--very populated--have no 
way to get out of that, except for one little place on the south end of 
that area.
  So we desperately need to find these issues before they come up, and 
we need to invest.

                              {time}  1615

  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I want to address the rural aspects of this bill.
  Although it claims to help rural infrastructure, if we just follow 
the money, all we have to do is follow the money, we can clearly see 
that this bill is going to leave rural America further behind.
  The largest percentage increases by far go to transit and rail, 
programs that tend to benefit the urban areas much more than rural 
communities.
  Transit receives a 72 percent increase in funding and Amtrak an 
incredible 450 percent increase, yet 71 percent of public road land 
miles are in rural America. Crashes and fatalities on rural non-
interstate roads occur more than double the rate of all other roads.
  But between policies and programs that favor urban areas and weave in 
the Green New Deal mandates and other requirements throughout all the 
Federal transportation programs, critical resources that could be used 
to go directly to fixing and building roads and bridges, pouring 
concrete, and laying asphalt in rural America, those are going to be 
diverted.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
Michigan (Mr. Levin).
  Mr. LEVIN of Michigan. Mr. Speaker, my amendment alters the charging 
and fueling infrastructure grant program in this bill, laying the 
groundwork to deploy zero-emission EV charging infrastructure 
nationwide.
  This amendment strengthens plans for renewable or zero-emissions 
energy sources to power EV chargers. It directs DOT to study financing 
options for a national network of EV chargers and determine the right 
distance between those chargers so Americans can drive across the 
entire National Highway System without running out of power.
  It makes sure environmental justice organizations have a seat at the 
table as we build this beautiful green future.
  We must transform our transportation sector and end our reliance on 
fossil fuels. Today, we take an important step in that transformation.
  I hope we can take up this work and advance ever-bolder proposals to 
fight climate change and protect life on Earth as we know it.
  Mr. Speaker, I thank Chairman DeFazio for including this amendment in 
the en bloc package and for his great work on this bill.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 3 minutes to the 
gentleman from Alabama (Mr. Palmer).
  Mr. PALMER. Mr. Speaker, I thank the ranking member for yielding.
  Because the committee has long been known for bipartisan cooperation, 
when I first came on the Transportation and Infrastructure Committee, I 
was actually optimistic that we could work together to get a good bill 
to the full House. How naive of me to think that my Democrat colleagues 
would put aside their radical agenda to work with Republican Members to 
pass a sensible and affordable surface transportation bill.
  I can hardly overstate my disappointment that, from the very 
beginning, we were completely shut out of the process. I had hoped that 
the partisan nature of this surface transportation reauthorization 
would end after the bill was marked up in committee. Clearly, that was 
wishful thinking.
  While the entire transportation reauthorization process has been 
abused, it has served at least one good purpose in that it has put on 
full display the extreme ideas of my Democrat colleagues and just how 
destructive to the committee process they have become.
  Apparently, it wasn't enough to ram through a bill drafted without 
any input from Republican Members, which increased spending by 62 
percent while our Nation is drowning in debt by adding a trillion 
dollars in miscellaneous spending to the proposal that already wasn't 
serious to begin with.
  My guess is that this is another Democrat bill that would have to be 
passed to find out exactly what is in it and what it will really cost 
American households.
  The real tragedy in all of this is that it represents a missed 
opportunity to work in a bipartisan fashion to solve the problems that 
we all recognize exist. Instead of spending time working to minimize 
delays, streamline the environmental permitting process, and fund 
projects with a clear Federal nexus, my Democrat colleagues have 
brought to the floor a wish list of Green New Deal proposals.
  Some of my colleagues who have been on this committee much longer 
than me tell me that they have never opposed a highway bill. It is a 
shame that they will no longer be able to say that solely because of 
the majority's failure to cooperate on this bill in a bipartisan 
fashion.
  We were eager to engage in a legitimate committee process to consider 
a responsible proposal to reauthorize our surface transportation 
programs. Unfortunately, as I said before, this has been a fraud from 
the start.
  I guess I could say at least they didn't promise: If you like your 
car, you can keep driving it.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Oregon (Ms. Bonamici), a good friend.
  Ms. BONAMICI. Mr. Speaker, I thank Chairman DeFazio for his 
leadership.
  Long-term investments in transportation and infrastructure create 
good-paying jobs and drive commerce. When

[[Page H2947]]

we rebuild systems in a sustainable and resilient manner, we reduce 
carbon emissions, improve energy efficiency, and support vulnerable 
communities.
  I am very pleased that the Moving Forward Act includes many of the 
recommendations of the Select Committee on Climate Crisis to invest in 
transit and zero-emission buses, electric vehicle charging stations, 
pedestrian and bike infrastructure, and predisaster mitigation.
  As a member of the Education and Labor Committee, I am also glad that 
H.R. 2 includes the Reopen and Rebuild America's Schools Act and 
childcare infrastructure funding. Schools and childcare facilities 
across the country are in desperate need of repairs to protect the 
health and safety of students and staff.

  In northwest Oregon, it is not a question of if but when we will have 
a significant earthquake, and so I am very grateful that this bill 
specifically provides funding for schools vulnerable to seismic natural 
disasters.
  Mr. Speaker, I thank Chairman DeFazio and his hardworking staff.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 3 minutes to the 
gentlewoman from West Virginia (Mrs. Miller).
  Mrs. MILLER. Mr. Speaker, I thank Chairman DeFazio for yielding.
  I rise in opposition to amendment No. 124 on both the merits and the 
process that bring us to the people's House today.
  I came to Congress to fix issues in southern West Virginia, like our 
need for strong and stable infrastructure and to bring new opportunity 
to our State.
  During the markup on H.R. 2, I introduced a commonsense amendment to 
solve a problem that has been plaguing rural America for years: the 
Appalachian Development Highway System. The ADHS is an essential part 
of America's highway system and has been since 1965. Its goal is to 
connect rural communities with high-quality roadways, allowing us to 
transport our goods and people across the country. This system is 
instrumental in guaranteeing economic success for all of America.
  Unfortunately, outdated funding mechanisms are bogging down progress 
by holding taxpayer money hostage in projects that are already 
completed while other underfunded projects stay unfinished.
  My legislation would fix this problem by freeing up the States to 
collaborate on these projects and deliver money in a targeted approach. 
There is no additional cost to taxpayers, and it would not cut funding 
for any State.
  It is good policy that was adopted in the Senate and passed in our 
committee without objection by one single member. Bipartisan and 
bicameral, what a rare sight for Washington these days.
  However, once again, at the eleventh hour, my colleagues across the 
aisle added this new language that contradicts my amendment and 
threatens the entire livelihood of the ADHS.
  Passage of this amendment kills the one I offered. It would cut rural 
support for more big-city interests, holding back hardworking people 
from the benefits of quality roadways and the job opportunities that 
come with it.
  It is misplaced priorities like these that lead to Congress' low 
approval rating.
  Mr. Speaker, I urge my colleagues to oppose amendment No. 124 so that 
we can give Appalachia the respect and service it deserves.
  Mr. DeFAZIO. Mr. Speaker, may I inquire as to the time remaining on 
each side.
  The SPEAKER pro tempore. The gentleman from Oregon has 18\1/2\ 
minutes remaining. The gentleman from Missouri has 16\1/2\ minutes 
remaining.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  To the gentlewoman's amendment, I appreciate Members advocating 
strongly for either their State or their region. The problem that was 
discovered with this amendment, after further investigation, is it 
would have rewarded a smaller number of States to the detriment of 37 
other States and the territories.
  What has happened is that some States have built out their 
Appalachian Development Highway System. They, under this amendment, 
could turn that money back to DOT, then DOT would give that to other 
Appalachian States. So far, so good. That would be okay with me. But it 
goes one step further.
  All those States that have finished and turned the money in, they get 
additional funds. That means that a minority of the Appalachian States 
that have already finished the system would get additional funding to 
the detriment of all the 37 other States and the territories in the 
United States of America.
  The way it works now, they would be drawing on TFHI money. Now, when 
there is excess TFHI money, there is something called the August 
redistribution.
  Last year, the State of Kansas got a 16.5 percent increase because of 
the August redistribution. Under this amendment, nada, zero.
  Texas got 16 percent. Under this amendment, zero.
  Connecticut got 14.5 percent. Under this amendment, nothing.
  Missouri, 13 percent; nothing. Louisiana, 12 percent redistribution; 
nothing. Illinois, 11; nothing. Colorado, 10; nothing. Oklahoma, 10; 
nothing.
  The problem is it was a little bit of double-dipping. This was, 
actually, cleverly authored at the auspices of Mitch McConnell in the 
Senate.

  An exchange of funds from one Appalachian State to the other to 
finish the highway system, that is fine with me. But we are not going 
to then give them credit and give them other Federal funds for that 
money to benefit that region to the detriment of all the other States.
  Mr. Speaker, I yield 2 minutes to the gentlewoman from Iowa (Ms. 
Finkenauer), who is a wonderful addition to the committee, doing 
fabulous work and representing a very rural district, for the most 
part.
  Ms. FINKENAUER. Mr. Speaker, I thank Chairman DeFazio for yielding.
  It is an honor to serve on the Transportation and Infrastructure 
Committee and bring the needs of rural America to the committee and be 
able to work on those needs in a bipartisan way. I am proud to say 
multiple of my standalone bills that are included in the larger package 
are bipartisan bills that I was able to work across the aisle on with 
my Republican colleagues.
  So, I am very confused about their rhetoric around this bill being so 
partisan, when it has been an honor to get to work across the aisle and 
find common ground on so many issues.
  One that I am particularly proud about today is one that is included 
in this en bloc that increases funding for the Rebuild Rural grant 
program by $150 million and extends the program for 2 more years, 
giving certainty to our rural areas, which have long been forgotten 
here in Washington, D.C.
  On top of that, what we will see in the larger package is the 
Investing in America's Bridges Act. It will also include rural road and 
bridge funding that has often, again, long been forgotten, including 
the Investing in Community Infrastructure Act as well.
  There is so much work that we have done here that I know is going to 
show up in a very big way in my district.
  I would also like to say I find it really ironic the talk that we are 
hearing here today, when my Republican colleagues had 2 years in the 
House with the Senate and with the Presidency to put together any plan 
they would like that would invest in areas like the place that I grew 
up, and they kicked it down the road.
  I am happy today to be here fighting for my district, fighting for my 
State, and passing one of the best investments in rural infrastructure 
that our country has ever seen. I will be here doing my job, and I know 
it is going to be up to the Senate and the President if they decide to 
do theirs.

                              {time}  1630

  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I find it interesting that we just heard about the 
rhetoric and the confusion over how this bill is bipartisan. And if you 
look at the first three en bloc amendments, they have 107 Democrat 
amendments in there and not a single Republican amendment, so where is 
the bipartisanship in that?
  I also find it interesting, too, and the last speaker just added, 
that they were adding $150 billion to the Rebuild Rural America bill, 
which supposedly, according to her, already takes care of

[[Page H2948]]

rural America. So why do we have to add more money to it?
  So there is a lot of confusion and a lot of misrepresentation on the 
other side, particularly when it comes to the rural areas. People can 
claim all they want that this takes care of the rural areas when, in 
fact, it doesn't. It absolutely doesn't.
  The bottom line is this shifts a large percentage of dollars into 
those transit programs that help the urban areas, not the rural areas, 
and a vote for this is going to be a vote for just that: against rural 
America. That is what will come out later.
  Mr. Speaker, I reserve the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume, 
a short time.
  There is actually a 35 percent increase in the National Highway 
System funding in this bill--35 percent. Their bill was 10 percent.
  Yes, there is a big increase in transit, but it is not at the expense 
of the National Highway System or the investments in rural America or 
the 47,000 bridges, many of which are in rural areas that need repair 
or replacement, or the billion dollars we are putting into off-national 
highway systems in rural areas. Those are huge new investments.
  Mr. Speaker, I yield 1 minute to the gentleman from California (Mr. 
Ruiz).
  Mr. RUIZ. Mr. Speaker, I rise in support of this en bloc amendment 
and encourage support for my amendment to require the National Highway 
Traffic Safety Administration to study and issue a report on the safety 
effects of ensuring school buses are equipped with air-conditioning.
  I represent rural desert cities like Palm Springs and Coachella in 
California's 36th Congressional District, where, for much of the year, 
the temperatures are really hot and well into the triple digits, 
sometimes reaching 125, 130 degrees Fahrenheit. Yet many school busses 
do not have air-conditioning, causing children to arrive at school in 
sweat-soaked T-shirts, dehydrated, and with heat exhaustion.
  Last fall, I wrote the National Highway Traffic Safety Administration 
to take action. This amendment would provide them needed data to help 
protect students' health and safety while riding on school buses 
without AC in extreme heat.
  The Moving Forward Act contains robust improvements for school bus 
safety in rural and urban areas, and my amendment would strengthen 
that. I urge support for this en bloc amendment and for H.R. 2, the 
Moving Forward Act.
  I thank the chair.
  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of my 
time.
  Mr. DeFAZIO. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Texas (Ms. Jackson Lee).
  Ms. JACKSON LEE. Mr. Speaker, I thank the gentleman from Oregon, the 
chairman of this committee, and I rise enthusiastically for H.R. 2 
because we need to move forward.
  Mr. Speaker, I thank the gentleman (Mr. DeFazio). For 20 years I have 
been on this floor fighting for mass transit and the expansion of such 
and to allow cities like Houston that were delayed 20 years because of 
opposition by my friends on the other side of the aisle, and we are 
finally getting a robust commitment to not only fixing roads and 
schools and housing, but also to dealing with mass transit. We worked 
on it for a long time.
  I want to thank the committee for accepting my amendment dealing with 
COVID-19. Right now, in Houston, as I rush back to my city, we have the 
largest number of cases. We have people dying. We have people walking 
into emergency rooms because they are sick themselves just coming in.
  This amendment deals with the aviation area and the airports where 
money has been given, but, in fact, money has been left out for 
different businesses, like parking. This amendment requires FAA to 
assess all of the businesses that have been left out and to prioritize 
them in our next funding, and I thank the gentleman for that.
  But let me, as well, speak about what I know is important in the bill 
and impacts a project called I-45 in Houston, Texas. This project would 
erase 158 houses, 433 apartments, 486 condos.
  I include in the Record an article from the Houston Chronicle about 
the I-45 project, dated June 7, 2020.

               [From the Houston Chronicle, June 7, 2020]

  I-45 Project Leaves Neighbors in Limbo: Critics Fearful for Record 
                     Number Who Could be Displaced

                            (By Dug Begley)

       Wherever Armando Litchenberger looks around Urbana 
     Recording Studio, there are memories. The stool Jose 
     Feliciano sat on to record a couple tracks. Goldie Hawn used 
     the studio to mix the soundtrack for a TV movie she directed. 
     Duran Duran recut a guitar track that didn't test well while 
     on a world tour.
       ``There are memories here that are not replaceable,'' 
     Litchenberger said as he showed off the Near Northside 
     performance room where the neighborhood's de facto house 
     band, La Mafia, recorded the songs that won four Grammys, 
     which now sit a glass trophy case a few feet from the 
     soundboard.
       Beatles memorabilia and signed posters from hundreds of 
     musicians and celebrities line the walls, but it is a pin in 
     the parking lot that draws Litchenberger's attention these 
     days. Driven in by a surveyor, the pin marks the property 
     line for a wider Interstate 45.
       ``If I stay, I'll be right on the freeway,'' Litchenberger 
     said. ``I would have to close this off and make it a double 
     cinder block wall to close off the sound.''
       The I-45 project's toll on local property owners would be 
     unprecedented for TxDOT in Houston, potentially relocating 
     hundreds of families and businesses. Estimated to cost at 
     least $7 billion, the project will rebuild I-45 from downtown 
     Houston north to Beltway 8, and change how it connects with 
     other downtown freeways.
       That means rebuilding--by removing--pieces of Fifth Ward, 
     the Northside, Acres Homes and Aldine. Spots south of North 
     Main where third-generation Latino residents help neighbors 
     work on cars in their driveway. Or Tidwell, which bustles 
     with activity as the commercial center and is the only place 
     within walking distance of her apartment where Shondrae 
     McBride, 26, can get her nails done, pick up marinated carne 
     asada and drop off her husband's cellphone for repair across 
     from a Pho restaurant.
       ``Not everybody has a car to get around,'' McBride said.
       Removing some of those businesses, she said, would ``add 
     hours'' to her typical errands.
       The latest estimates show the rebuild would impact--the 
     catchword for any structure or dwelling directly touched by 
     the changing road boundary--158 houses, 433 apartments or 
     condos, 486 public housing units, 340 businesses, five 
     churches and two schools. The Houston Police Department would 
     need to relocate its south central police station and the 
     Mexican Consulate in the Museum District, adjacent to I-69, 
     will move to a Westchasearea location.
       Mayor Sylvester Turner has called the project 
     ``transformative'' but also called on TxDOT to revise the 
     designs north of downtown to impact fewer homes and 
     businesses while remaining on track to start construction 
     downtown in a matter of months. Work is slated to begin north 
     of Interstate 10 by 2024.
       When the work actually begins will depend on decisions made 
     this year and next that some, including Harris County Judge 
     Lina Hidalgo, worry will displace a historic number of people 
     before getting a full public review despite more than 15 
     years of planning. Hidalgo and others have called on TxDOT to 
     delay final decisions, which could push back the start of 
     construction for months as more public meetings are planned.
       ``Given the impacts of the COVID-19 disaster, this delay 
     would give the county and its residents more time to engage 
     with and offer feedback,'' Hidalgo wrote in May.
       TxDOT officials have said they welcome the city and 
     county's input, with state Transportation Commissioner Laura 
     Ryan, of Houston, saying the goal is a project that ``will 
     work, for the most part, for as many people as possible.''
       That still leaves the question of how many people will have 
     to get out of the way.


                          Benefits, at a cost

       For those entirely displaced by TxDOT's freeway plans, 
     whether a renter, homeowner or business owner, the outcome of 
     discussions between TxDOT and the city could determine 
     whether they stay or go. Some of the changes under 
     consideration will mean the difference between their home or 
     apartment being adjacent to the freeway--or demolished and a 
     part of it.
       Other questions remain, such as how much owners and renters 
     will be compensated and where that money will allow them to 
     go. Renters will scramble to find nearby housing they can 
     afford. Those receiving assistance with housing will wade 
     back into a crowded system.
       ``There are some properties some residents could go to, but 
     there is not enough room,'' said Arveyiel Fortilla, a 
     resident of the Houston Housing Authority public complex 
     Kelly Village, who has followed the process closely.
       Housing advocates, such as Amy Dinn with Lone Star Legal 
     Aid, said the potential displacements--some all but 
     inevitable--could strand public housing residents between 
     agencies as TxDOT works with local housing officials and city 
     leaders to come to agreement. The most likely outcome is 
     TxDOT provides local agencies funding and, perhaps, property 
     to relocate residents.

[[Page H2949]]

       At a December meeting about the project, Dinn said many 
     fear the city will not be a good custodian of those housing 
     dollars if TxDOT decides to simply cut a check. The Houston 
     Housing Authority, she said, faces a housing crunch 
     throughout the city, not just along I-45.
       ``The concern is they are going to take that money and not 
     help those communities,'' Dinn said.
       The payoff, supporters argue, is a much-needed rebuild of 
     the region's freeway spine and downtown system.
       ``We are building this project for the next 50 to 75 
     years,'' said Eliza Paul, district director for TxDOT in the 
     Houston region.
       Beneficiaries of an improved freeway include tens of 
     thousands of people from Conroe southward who rely on I-45 
     for daily commutes or trips south to Houston and beyond.
       A new freeway and new intersections built to modern 
     standards, proponents note, will mean major bottlenecks are 
     relieved and traffic can flow more efficiently--and more 
     safely--in and around downtown. Preliminary estimates project 
     traffic speeds will increase by 24 miles per hour, an 
     unheard-of leap for a freeway project within Loop 610.
       Pulling off those improvements, however, means a much 
     larger freeway, with TxDOT buying an additional 450 acres of 
     Houston property to go with the 1,207 acres the freeway 
     already occupies. At the northwest and southeast corners of 
     the I-45 and Loop 610 interchange, easing the tight curves of 
     the existing ramps means remaking them right through nearby 
     single family homes.
       ``You work and save for years to buy a house, and somebody 
     comes by and tells you they're taking it. It's just not 
     right,'' said Colleen Wirth, whose house southeast of the 
     crossing is spared, but will have a sound wall running along 
     the back yard.


                           Differing visions

       To find anything comparable in terms of homes affected by 
     the I-45 project, one has to go back more than 50 years when 
     freeways barged through some of the city's poorest 
     neighborhoods. When TxDOT remade the I-10 and U.S. 59 
     interchange in 1959, the new configuration claimed more than 
     500 flood-prone homes along Buffalo Bayou in Fifth Ward. The 
     I-45 interchange with Loop 610 cut Independence Heights 
     practically in half in the late 1950s.
       It is a legacy of freeway building over the oppressed, 
     community groups argue, that continues to today. As anger 
     over the killing of George Floyd spilled into the streets, 
     some argued the systematic issues extend to public 
     infrastructure.
       ``The cries demanding action emanating from the protests 
     taking place throughout the country have been fueled by the 
     stark reality that racism permeates our lives,'' wrote 
     Bakeyah Nelson, executive director of Air Alliance Houston, 
     in a letter to supporters. ``This shapes how people perceive 
     us and how they choose to interact or don't interact with us 
     . . . It allows for thoughtless decisions to be made about 
     our communities, such as where to put the next concrete batch 
     plant or whether to expand a highway that will cause the 
     displacement of entire neighborhoods.''
       City officials, who in the past year have increased their 
     focus on the enormous toll the project will have on 
     neighborhoods bordering the freeway between Tidwell and White 
     Oak Bayou, are trying to avoid a repeat of that kind of 
     upheaval.
       ``I think part of the city's goals are to honor the 
     neighborhoods around the freeway, and the wishes of the 
     people,'' said Margaret Wallace Brown, the city's planning 
     director.
       Many of the people are worried.
       In Independence Heights, the project will scrape away more 
     of the history of Texas' first black-formed municipality. It 
     is more than just the small wooden row houses built on block 
     foundations or the triangle of churches that form the core of 
     the community, said Tanya Debose, executive director of the 
     Independence Heights Redevelopment Council.
       ``It's the people that make a place,'' she said, noting as 
     residences are removed the inhabitants move to other 
     neighborhoods. ``We're going to get squeezed, until there is 
     nothing left.''
       Following two rounds of community meetings by planning 
     officials, Mayor Turner encouraged TxDOT to reconsider many 
     features of the freeway redesign, including staying entirely 
     within the existing right of way north of downtown ``as much 
     as possible.''
       For example, the city is asking TxDOT to remove planned 
     frontage roads northwest of the Loop 610 interchange and add 
     two bus-only lanes to the center rather than four express 
     lanes similar to the Katy Managed Lanes along I-10.
       While building two bus lanes instead of four managed lanes 
     would limit the need for property along the freeway's edges, 
     it also would reduce some of the benefits to automobile 
     travelers--who will continue to far outnumber transit uses 
     for the foreseeable future.
       For that reason, the changes proposed by the city already 
     have been met with some concern.
       ``Are we really improving mobility in this area,'' asked 
     Galveston County Precinct 4 Commissioner Ken Clark, chairman 
     of the region's Transportation Policy Council. ``With the 
     type of money we are spending on this project and the loss of 
     the HOV lanes, are we really getting improvement?''


                              Left behind

       As the decision to redesign segments proceeds, property 
     owners remain in limbo--likely affected, but not certain how. 
     In Litchenberger's case, the neighborhood molded him, and 
     seeing it change comes with some worry.
       The Northside is where members of La Mafia--Litchenberger 
     is the accordionist and producer of the four-time Grammy-
     winning Tejano group--formed and where the friends started a 
     musical journey entering its fourth decade. When they went on 
     a national tour in 1993, the North Street bridge in view of 
     the studio is where the trucks and buses lined up.
       ``All that will be gone,'' Litchenberger said, noting the 
     bridge will be demolished to make way for the wider freeway 
     and frontage roads. ``There is a lot of history here, around 
     here, that will just be gone.''
       The studio is just a part of that, a gem in the community 
     that because of the bayou and freeway barriers has felt 
     segregated and on its own. The neighborhood will lose homes, 
     with those owners and renters likely heading elsewhere. 
     Businesses will decide whether to wait out slow sales years 
     during construction, or pack up.
       ``They're coming for us,'' Miguel Castaneda said as he left 
     a convenience store near Fulton and Cavalcade. ``They're 
     cleaning it up and then everybody here can go somewhere else 
     so the developers can move in.''
       Businesses and residents of downtown, East Downtown and 
     Third Ward face a brighter picture. Turner and others concede 
     some of the downtown changes are necessary to fix some of the 
     bottlenecks that bedevil commuting. That will leave some 
     people most in need the least protected at Clayton Homes and 
     Kelly Village, two city-run public housing developments.
       ``If they do this without giving us someplace to go, they 
     are contributing to the homeless population,'' Fortilla said.
       At Clayton Homes, along Buffalo Bayou at the junction of I-
     69 and I-10, the project is taking all 296 units, many of 
     which were never rebuilt after Tropical Storm Harvey sent the 
     bayou into at least six apartment buildings. TxDOT has 
     offered $90 million for Clayton Homes with the understanding 
     it would pay the money up front and give Houston Housing 
     Authority time to build new affordable apartments somewhere 
     close by and give housing vouchers to residents who want 
     them.
       The effect on Kelly Village is less substantial, but could 
     leave residents in even more uncertainty. Fifty of the 270 
     units at Kelly Village will be destroyed by the freeway 
     expansion, while the rest will remain closer to a larger 
     freeway. Those losing their homes will have the option of 
     taking a voucher or get priority to move into available 
     housing.
       Many in the complex, Fortilla said, are resigned to being 
     scattered and given scarce options.
       ``They have just given up already to what happens,'' she 
     said. ``When a person is used to being beaten up, they don't 
     know any other way.''

  Ms. JACKSON LEE. Mr. Speaker, let me, just for a moment, say that I 
would like to enter into a colloquy with Mr. DeFazio about this part of 
the project.
  It would cause the loss of 486 public housing units, 340 businesses, 
5 churches, 2 schools. There are additional concerns that the community 
is raising and, yes, the oldest Black city in the State of Texas--maybe 
even in the Nation--called Independence Heights. Even a historic trail 
that is now law called the Emancipation Trail may be impacted. These 
vulnerable people are not being listened to.
  There is a lot going on.
  I ask the chairman to respond to the good elements in this bill that 
would be a litmus test for this project.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume 
to respond to the gentlewoman.
  I share the gentlewoman's concern. We once had--and it is not in my 
district, but Mr. Blumenauer's district--planned for a major new 
highway that would have bisected the city, affecting generally working-
class and minority neighborhoods, and we got it killed by, actually, 
the Secretary of Transportation who was from Oregon at that time. 
Highway projects have a bad history of dividing our cities, and 
particularly segregating and dividing communities of color.
  So I know the gentlewoman had a specific amendment targeted at this 
one project, but, actually, the bill, itself, has a major focus on 
looking for alternatives.
  First, the States are going to have to go through--before they do any 
of these projects, they are going to have to go through a rigorous 
public process. They are going to have to look at what other options 
are available to deal with the congestion or whatever issue they are 
dealing with. So I expect that there are other provisions in this bill 
that would achieve the gentlewoman's goals as we move forward.
  Ms. JACKSON LEE. Will the gentleman yield?

[[Page H2950]]

  

  Mr. DeFAZIO. Mr. Speaker, I yield to the gentlewoman from Texas.
  Ms. JACKSON LEE. Let me thank the gentleman, and I will continue to 
work on this with the Transportation and Infrastructure Committee.
  I want this bill to be passed in the Senate. I want this bill to 
become law because there are millions of Americans waiting for this 
bill, H.R. 2, to save them and help them, particularly those in Houston 
regarding I-45.
  Mr. DeFAZIO. Mr. Speaker, I thank the gentlewoman. I always enjoy 
working with her.
  I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of my 
time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Pennsylvania (Ms. Wild).
  Ms. WILD. Mr. Speaker, I rise in support of H.R. 2, the Moving 
Forward Act, a bold plan to rebuild crumbling infrastructure across our 
country.
  For decades, Congress has allowed our infrastructure, roads, bridges, 
waterways, schools, housing, public transit, energy systems, and 
broadband to erode under the weight of lack of investment. This 
inaction has made our people less secure. It has made us less 
economically competitive in the global marketplace, and it has 
disproportionately affected the most vulnerable.
  We have a responsibility to pass this legislation now at a time when 
more Americans are unemployed than any time since the Great Depression. 
This bill will create millions of Americans shovel-ready jobs.
  There is no better example of the need to modernize our 
infrastructure than our schools. Each child needs the guarantee of a 
safe classroom that is equipped to provide them with the education they 
will need to succeed in the 21st century.
  I call on my colleagues, Republicans and Democrats, to join me in 
passing this legislation with a resounding vote. After all, it was a 
Republican, President Eisenhower, who literally brought our country 
together with the most ambitious infrastructure project in our history: 
the Interstate Highway System.
  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of my 
time.
  Mr. DeFAZIO. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Garcia), a member of the committee.
  Mr. GARCIA of Illinois. Mr. Speaker, I thank Chairman DeFazio for 
yielding.
  Mr. Speaker, I rise in support of amendment 293, which ensures that 
we study the safety of automated vehicles and that we also study their 
environmental effects.
  H.R. 2 requires us to study transformative technology--in this case, 
autonomous vehicles--to make sure that it is implemented safely and 
that we understand its impact on jobs.
  My amendment makes sure that we study air quality and climate and 
energy consumption effects from automated vehicles, because any 
equitable investment in transportation requires protecting air quality 
and advancing climate solutions for all communities.
  I thank my cosponsor, Representative Schakowsky, and supporting 
organizations like the Environmental Law and Policy Center, the Natural 
Resources Defense Council, and the League of Conservation Voters.
  Mr. Speaker, I urge adoption of this amendment.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I continue to rise in opposition to this amendment. Just 
as H.R. 2 weaves climate policy throughout the bill, climate provisions 
are woven throughout this en bloc amendment as well.
  These amendments make local pollution reduction a goal for the 
National Highway Freight Network, expand eligibilities for the new 
Gridlock Reduction grant program--a program that only benefits the 10 
largest cities in the country--and it requires us to figure out whether 
autonomous vehicles impact air quality, climate, and energy 
consumption.
  And still, the bill has no way to pay for these items and just adds 
to our debt.
  The underlying bill promotes policies that favor urban areas over 
rural infrastructure, which leaves our smaller communities farther and 
farther behind.
  Some members of the majority clearly agree since an amendment 
included here felt the need to find more money for the bill's Rebuild 
Rural grant program, the lone new program meant to pay lip service to 
rural America.
  The underlying bill also doesn't provide meaningful streamlining of 
the project review process--we talked about this before--even though 
there are commonsense bipartisan reforms in the bipartisan Senate bill 
that were offered by Republican Members on the committee in markup.
  One very narrow amendment in this package acknowledges some need for 
relief from burdensome project reviews. Unfortunately, this represents 
the only attempt to streamline the review process in the entire bill, 
despite near-universal calls for reform.
  We could have come together and written an infrastructure bill that 
would easily clear this Chamber with an overwhelming bipartisan vote, 
and I am disappointed that Republicans' word to work across the aisle 
on an infrastructure bill wasn't taken in good faith by the majority.
  Mr. Speaker, I urge my colleagues to oppose this amendment, and I 
yield back the balance of my time.
  Mr. DeFAZIO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, again, I rise in support of this en bloc amendment. I 
have no further speakers, and I have no further comments.
  Mr. Speaker, I yield back the balance of my time.
  Ms. MOORE. Mr. Speaker, I rise to urge support for my amendment, 
including in the En Bloc Amendment, that would provide the Office of 
Tribal Affairs created in this bill with the responsibility of ensuring 
that the Department of Transportation has in place and enforces federal 
government wide requirement for regular and meaningful consultation and 
collaboration with Tribes and Tribal officials as outlined in Executive 
Order 13175 issued by President Clinton in 2000.
  I thank the chairman for its inclusion in En Bloc Amendment No. 1.
  The reality is while Executive Order 13175 was groundbreaking, it has 
never quite lived up to its promise. Too many federal agencies have 
failed (and still fall short today) to executive its directive to 
ensure that tribes have a say in federal activities that impact them.
  Why was this Order needed? Because, unfortunately, history has shown 
that failure by the federal government to consider the impact on tribal 
communities or to include their voices in federal decision making has 
all too often led to undesirable and, at times, devastating policy.
  Consultation and engagement is a basic must for maintaining a strong 
and productive Federal-tribal relationship.
  A key part of protecting sovereignty and self-determination is to 
make sure that federal agencies actively gather, listen, and heed the 
input of tribes relating to federal projects and activities that will 
impact them. Providing this responsibility to this new office within a 
Department that supports tens of billions of dollars of projects in 
every part of our country makes sense.
  Among other requirements, Executive Order 13175 called on each 
federal agency to ``have an accountable process to ensure meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' It further went on to require 
each federal agency to designate an official to lead the agency's 
implementation of the Order's requirements.
  I believe the new Tribal Office created in this bill would be 
perfectly position to carry out those duties and ensure that the 
Department of Transportation and its agencies implement an effective 
tribal consultation process, including pushing the Department to follow 
up on its commitment to tell tribes how their input was or was not 
actually used, a flaw pointed out in a 2019 report by the GAO.
  The impact of the transportation programs authorized in this bill and 
on tribal lands goes beyond the tribal programs authorized in this 
legislation. Therefore, this new office should also be able to look 
broadly across the Department and work to monitor and fix problems with 
how the Department in general works with tribes on projects and 
activities, regardless of funding source.
  No single office can fix this problem but by creating a point for 
accountability and transparency, it will move us closer to the goal 
wonderfully articulated in Executive Order 13175 but which has proved 
so elusive ever since.
  With that, I urge support for my amendment and the larger En Bloc 
package.
  Ms. TLAIB. Mr. Speaker, I would like to thank Chairman DeFazio, for 
his leadership on this bill, and for the leadership of Speaker

[[Page H2951]]

Pelosi, Chairwoman Waters, Chairman Scott, and Chairman Pallone for 
fighting to make sure we make historic investments in our country's 
crumbling infrastructure.
  I rise today in support of amendments No. 41 and No. 42.
  The first amendment, which I have proposed with my colleagues Reps. 
Barragan, Ocasio-Cortez, and Brownley, prioritizes the public health of 
vulnerable communities by adding detailed requirements to H.R. 2's 
Climate Resilient Transportation Infrastructure Study.
  For too long, the building of roads, highways, and other federal 
infrastructure has come at the expense of communities experiencing 
environmental injustice.
  Our amendment would prioritize areas like Michigan's 13 District, 
home to the most polluted zip code in our state, and other communities 
that include people of color, migrants, and low-income workers. It 
would center our communities are fighting against climate change, 
pollution, and environmental racism.
  My second amendment ensures proper oversight and transparency of 
Community Climate Innovation Grants by requiring the Department of 
Transportation to work with the Environmental Protection Agency and the 
public.
  Parents in my district should not live in fear of their children 
playing / outside due to toxic air, and my amendment will ensure 
accountability as we seek to significantly reduce greenhouse gas 
emissions.
  I urge my colleagues to support these amendments to ensure that the 
communities that our communities are not ignored and do not bear the 
brunt of federal infrastructure environmental discrimination.

                              {time}  1645

  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to the rule, the previous question is ordered on the 
amendments en bloc offered by the gentleman from Oregon (Mr. DeFazio).
  The question is on the amendments en bloc offered by the gentleman 
from Oregon (Mr. DeFazio).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. GRAVES of Missouri. Mr. Speaker, on that I demand the yeas and 
nays.
  The SPEAKER pro tempore. Pursuant to section 3 of House Resolution 
965, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.


      Amendments En Bloc No. 2 Offered by Mr. Lipinski of Illinois

  The SPEAKER pro tempore. It is now in order to consider an amendment 
en bloc consisting of amendments printed in part C of House Report 116-
438.
  Mr. LIPINSKI. Mr. Speaker, pursuant to section 3 of House Resolution 
1028, I offer amendments en bloc.
  The SPEAKER pro tempore. The Clerk will designate the amendments en 
bloc.
  Amendments en bloc No. 2 consisting of amendment Nos. 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, printed in part C of House 
Report Number 116-438, offered by Mr. Lipinski of Illinois:

            Amendment No. 1 Offered by Mr. Cuellar of Texas

       Page 1082, line 3, insert ``the challenges of grade 
     crossings located near international borders,'' after 
     ``crossing closures,''.


           Amendment No. 2 Offered by Mr. Garcia of Illinois

       At the end of division H, add the following new section:

     SEC. 40101. 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.

[[Page H2952]]

       (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.


        Amendment No. 3 Offered by Mr. Gottheimer of New Jersey

       At the end of title I of division D, add the following:

     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.


          Amendment No. 4 Offered by Ms. Jackson Lee of Texas

       Page 499, after line 22, add the following:

     SEC. __. 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.


          Amendment No. 5 Offered by Ms. Jayapal of Washington

       Page 1098, line 7, strike ``4.5 percent'' and insert ``5 
     percent''.


             Amendment No. 6 Offered by Ms. Kaptur of Ohio

       Page 1032, after line 19, insert the following:

     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.


          Amendment No. 7 Offered by Mr. Kilmer of Washington

       Page 1101, line 17, insert ``general aviation airport that 
     is designated as a Federal staging area by the Federal 
     Emergency Management Agency or a'' before ``nonhub''.


          Amendment No. 8 Offered by Mr. Lamb of Pennsylvania

       At the end of title III of division G, add the following 
     subtitle:

                      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

[[Page H2953]]

     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).


          amendment no. 9 offered by mrs. lawrence of michigan

       Page 1854, after line 18, insert the following:
       (g) 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.


            amendment no. 10 offered by mr. lewis of georgia

       Page 1103, after line 5, insert the following:

     SEC. 10105. 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.''.

[[Page H2954]]

  



         amendment no. 11 offered by mr. lynch of massachusetts

       At the end of division E, add the following:

     SEC. __. 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.


         amendment no. 12 offered by mr. mcnerney of california

       Page 1003, line 16, strike ``operating and capital 
     forecasting'' and insert ``operation, ridership, capital 
     forecasting, station staffing projections,''.


            amendment no. 13 offered by ms. meng of new york

       Page 947, after line 7, insert the following:

     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.


          amendment no. 14 offered by mr. morelle of new york

       Page 986, line 18, strike the closing quotation marks and 
     the final period and insert the following:

[[Page H2955]]

       ``(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.''.


          amendment no. 15 offered by mr. morelle of new york

       Page 1714, after line 2, insert the following new section:

     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).


        amendment no. 16 offered by mr. moulton of massachusetts

       Page 972, line 17, strike ``and''.
       Page 972, strike lines 18 through 19 and insert the 
     following:
       ``(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;


        amendment no. 17 offered by mr. moulton of massachusetts

       Page 990, after line 5, insert the following:

     SEC. 9107. 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.''.


       amendment no. 18 offered by mrs. napolitano of california

       Page 499, after line 6, insert the following:

     SEC. 1631. 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.''.


           amendment no. 19 offered by mr. neguse of colorado

       Page 1094, after line 24, insert the following:

     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.


           amendment no. 20 offered by mr. neguse of colorado

       Page 499, after line 22, insert the following:

     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.


         amendment no. 21 offered by mr. panetta of california

       Page 1691, after line 20, insert the following:

     SEC. 40__. 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--

[[Page H2956]]

       (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.''.


         amendment no. 22 offered by mr. perlmutter of colorado

       Page 1691, after line 20, insert the following:

     SEC. 40002. 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.


       amendment no. 23 offered by ms. pressley of massachusetts

       At the end of division H of the bill, add the following:

     SEC. 400__. 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.


          amendment no. 24 offered by mr. quigley of illinois

       At the end of division H, insert the following:

     SEC. 40002. 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.''.


          amendment no. 25 offered by mr. rouda of california

       Page 499, after line 22, insert the following:

     SEC. 1632. 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.

[[Page H2957]]

       (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.


         amendment no. 26 offered by ms. sherrill of new jersey

       Page 1691, after line 20, insert the following:

     SEC. 40002. 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).


         amendment no. 27 offered by ms. sherrill of new jersey

       Page 962, line 12, strike ``$3,500,000,000'' and 
     insert``$3,450,000,000''.
       Page 962, line 13, strike ``$3,300,000,000'' and insert 
     ``$3,250,000,000''.
       Page 962, line 14, strike ``$3,100,000,000'' and insert 
     ``$3,050,000,000''.
       Page 962, line 15, strike ``$2,900,000,000'' and insert 
     ``$2,850,000,000''.
       Page 962, line 16, strike ``$2,900,000,000'' and insert 
     ``$2,850,000,000''.
       Page 963, line 2, strike ``$300,000,000'' and insert 
     ``$250,000,000''.
       Page 965, line 12, strike ``$130,000,000'' and insert 
     ``$180,000,000''.
       Page 985, line 20, strike ``$125,000,000'' and insert 
     ``$175,000,000''.


          amendment no. 28 offered by ms. slotkin of michigan

       Page 961, after line 15, insert the following:

     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.


          amendment no. 29 offered by mr. smith of washington

       Page 499, after line 22, insert the following:

     SEC. 1632. 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.

[[Page H2958]]

       (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.


          amendment no. 30 offered by ms. speier of california

       Page 1143, line 15, strike ``$25,000,000'' and insert 
     ``$50,000,000''.


       amendment no. 31 offered by ms. torres small of new mexico

       At the end of division H, add the following:

     SEC. 400__. 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.


           amendment no. 32 offered by mr. trone of maryland

       Page 1220, after line 11, insert the following:

                        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 5 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.


          amendment no. 33 offered by mr. vargas of california

       Page 1220, after line 11, insert the following:

                    TITLE VI--NEW RIVER RESTORATION

     SEC. 26001. SHORT TITLE.

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

     SEC. 26002. 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 26003.
       (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. 26003. 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 26004.
       (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;

[[Page H2959]]

       (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. 26004. 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 26003(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 26003(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. 26005. 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.


          amendment no. 34 offered by ms. waters of california

       Page 1101, after line 10, insert the following:
       (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.
  The SPEAKER pro tempore. Pursuant to House Resolution 1028, the 
gentleman from Illinois (Mr. Lipinski) and the gentleman from Missouri 
(Mr. Graves) each will control 15 minutes.
  The Chair recognizes the gentleman from Illinois.
  Mr. LIPINSKI. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this en bloc amendment which 
is comprised of 34 individual amendments touching upon various areas of 
rail, aviation, water, and FEMA policy. This includes amendments that:
  Increase safety precautions for transportation workers and passengers 
during COVID-19;
  Expand Buy America and offer higher incentives to the RRIF Federal 
rail loan program;
  Devote additional resources towards improving the ecological health 
of the San Francisco Bay and the New River in California;
  Direct the EPA to monitor local drug consumption through an 
examination of traces of narcotics in wastewater;
  Direct the U.S. GAO to study potential affordability and racial 
disparities in providing water and wastewater rate assistance;
  Direct the U.S. Army Corps of Engineers to lead a multiagency effort 
to address climate change concerns in the Ohio River Valley;
  Increase, from 4.5 to 5 percent, the set-aside for supplemental 
airport improvement grants to be used for environmental, noise, and 
resiliency projects;
  Create a new program to incentivize airlines' phaseout of inefficient 
airplane types in exchange for newer, eco-friendly types, and require a 
study of ultrafine airborne particles associated with flight operations 
near airports;
  Require airports that receive supplemental airport grants to set 
aside 2 percent of those funds for fiscal year 2021 to assist 
concessionaires experiencing economic hardship as a result of the 
COVID-19 pandemic;
  Direct GAO to conduct a comprehensive study of the building codes and 
standards used by FEMA, including an assessment of the status of 
building code adoption across States, Tribes, and territories; and
  Direct GAO to conduct a study on the accessibility of FEMA's disaster 
assistance programs and whether there are any barriers to access based 
on race, ethnicity, language, and income level.
  These are just some of the highlights of the amendments included. I 
thank my colleagues for offering thoughtful amendments to improve the 
transportation portions of the INVEST in America Act. I urge adoption 
of the amendment, and I reserve the balance of my time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself such time as I 
may consume in opposition to the en bloc package of amendments.
  This package contains 34 amendments. As has been the case throughout 
this unprecedented process, not a single one of these amendments has 
come from Republicans.
  I find it interesting. I keep hearing time and time again from the 
other side about how bipartisan this bill is. But yet here we are again 
with 34 amendments and not a single Republican amendment. Many of the 
provisions were stuck in this giant, expensive bill after markup and 
without any opportunity for the committee to review and consider them.
  The en bloc amendment includes expensive and burdensome new mandates 
on the railroad and airline industries even as they strive to keep our 
economy moving and workers employed in the middle of the current health 
pandemic.
  I would like to note that when Republican Members offered aviation 
amendments during markup, the majority refused to consider them.
  Do you know why?
  Because at least at that time they said the bill didn't include any 
aviation provisions. Yet this en bloc also contains amendments that 
authorize hundreds of millions of dollars in new spending for broad and 
vague programs without any plan on how to pay for them. It also 
contains more costly Green New Deal mandates that offer no relevant or 
beneficial gains to our Nation's infrastructure.
  Mr. Speaker, I urge my colleagues to oppose this package of 
amendments, and I reserve the balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentleman from 
Maryland (Mr. Trone).
  Mr. TRONE. Mr. Speaker, I rise today in support of H.R. 2, the Moving 
Forward Act, and an amendment that I drafted to address the addiction 
epidemic.
  But first, I would like to thank and call out Chairman DeFazio and 
the wonderful leadership that he has exhibited in thinking long term 
about our children and about the next generation. That is seldom seen 
here, and I really appreciate that. I also asked him to help us look at 
redistributing the hundreds of millions of dollars that have been over-
appropriated--over-appropriated, not spent--to States that need it in 
the Appalachian Development Highway System.
  Like COVID-19, every community in America has been hit by the opioid 
crisis, and we cannot afford to slow down our efforts to combat it. My 
amendment in this package would create a pilot program to help 
communities better understand the emerging drug threats in real time by 
implementing wastewater testing.
  By understanding these threats, we can design public health 
interventions that match a community and their specific problems.

[[Page H2960]]

  Mr. Speaker, I urge passage of this amendment.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 3 minutes to the 
gentleman from Virginia (Mr. Cline).
  Mr. CLINE. Mr. Speaker, I want to thank the ranking member for 
yielding.
  Mr. Speaker, I am incredulous. I cannot believe that we are here 
again debating another partisan messaging bill when our Nation's 
infrastructure is crumbling. Rather than working across the aisle to 
advance a bipartisan transportation and infrastructure bill, the 
majority is jamming a partisan wish list through to the floor again 
that prioritizes big cities and Big Government over the interests of 
the American taxpayer: tripling funding to urban transit programs, a 
449 percent increase to rail programs, a 72 percent increase to mass 
transit programs, and to those of us in rural areas depending on 
highway and safety programs, only a 42 percent increase. We can see 
where the priorities of this majority lie, and it is not with the 
people of rural America.

  I was sent to Washington to ensure that our government is transparent 
and accountable for every action it takes. We can't afford the $1.4 
million Green New Deal agenda that the majority has brought before us 
today.
  I represent a district in the Commonwealth of Virginia that is in 
dire need of resources to modernize its aging infrastructure and 
relieve the congestion bottlenecks that afflict our highways. Most 
notable for my region is Interstate 81, a road that spans six States 
with over 300 miles of it in Virginia, and that stretches the majority 
of my district from Front Royal in the north to Roanoke in the south.
  Each year there are nearly 2,000 crashes on Interstate 81 with over 
25 percent involving heavy trucks. Over 45 major crashes a year cause 
delays greater than 4 hours. Current conditions are not only a 
frustration, but a grave public safety concern. People are dying on 
this road, and the failure to keep America's infrastructure up to par 
is costing lives.
  It is unconscionable that instead of focusing on public safety and 
improvements to our Nation's roadways, such as Interstate 81, liberals 
have hijacked this bill for their own political messaging. Instead of 
creating certainty for our local communities in the midst of a global 
pandemic, the Democrat majority has cast aside the interests of the 
American people in order to appease the extreme wing of their party as 
they look to November's elections.
  Republicans are willing and open to negotiating realistic ways to 
rebuild our highways and infrastructure, but it must be done in a 
fiscally responsible manner. I will not vote to leave our communities 
saddled with trillions in new debt and the Big Government regulations 
contained in H.R. 2. Instead of moving us forward, this legislation 
will bring America's economy and its growth to a screeching halt for 
years to come.
  Mr. Speaker, I urge my colleagues to vote to recommit this bill back 
to the Transportation and Infrastructure Committee and develop a bill 
that reflects the bipartisanship that this committee and this bill have 
been known for for so many years.
  Mr. LIPINSKI. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Alabama (Ms. Sewell).
  Ms. SEWELL of Alabama. Mr. Speaker, I rise in support of H.R. 2, the 
Moving Forward Act.
  Our country is in serious need of bold and comprehensive 
infrastructure reform. This was true before the coronavirus pandemic, 
and it is even more urgent as we combat the ongoing economic and public 
health crisis.
  While all communities across the country will benefit from 
infrastructure reform, this is an important opportunity to create a 
level playing field and provide critical infrastructure to historically 
underserved communities.
  As a member of the Rural Broadband Task Force, I am pleased to see 
that H.R. 2 provides $100 billion in critical funding for broadband. 
This will increase access in rural communities, improve affordability 
for working families and help close the digital divide in rural 
communities like Alabama's Black Belt.
  This legislation also provides $40 billion in new wastewater 
infrastructure which will help address one of the most severe public 
health crises facing families in my district.
  As a former bond lawyer, I am proud that this bill offers easier ways 
for our counties, municipalities, and nonprofits to invest in our local 
infrastructure. I fought to include provisions like Build America Bonds 
and my legislation to expand the use of bank-qualified bonds for 
smaller issuers. These impactful tools will expand infrastructure and 
investments and lower the costs of financing.
  Finally, Mr. Speaker, H.R. 2 will also include a bill that I have 
been trying to get through Congress for a while, and that would be to 
make permanent the New Markets Tax Credit, which are a vital tool for 
driving investments in historically underserved communities, and it 
increases an allocation to jump-start these important projects.
  Mr. Speaker, the Moving Forward Act will not only expand our 
investments in critical infrastructure projects, but they would also 
give communities like mine in Alabama's Black Belt who suffer from a 
lack of resources and opportunities the chance to catch up and to get 
ahead.
  Mr. Speaker, I urge all of my colleagues to support this important 
legislation.
  Mr. GRAVES of Missouri. I reserve the balance of my time, Mr. 
Speaker.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentleman from New 
Jersey (Mr. Gottheimer).
  Mr. GOTTHEIMER. Mr. Speaker, I rise today in support of my amendment 
to the Moving America Forward Act.
  The train tunnel underneath the Hudson carries 200,000 people daily 
between New Jersey and New York. It is literally crumbling after damage 
from a century of use and flooding during Superstorm Sandy. It is in 
imminent danger of being shut down. They are literally patching up 
cracks. It is outrageous. Part-time fixes aren't enough. It is time we 
actually do something about it.
  Building the Gateway Tunnel is the most pressing infrastructure need 
in our country. It is crucial to our economy. This tunnel connects 20 
percent of America's GDP. If we don't fix it, it will literally be a 
doomsday.
  The Department of Transportation must explain why they have 
downgraded this project to low priority.
  What is their secret backup plan when we have to shut down the 
tunnel?
  What are we going to do for the economy?
  We deserve to know. My amendment requires the DOT to develop and 
publish their contingency plan within 60 days. We want to know their 
doomsday plan because we have the right to know how they will address 
this urgent crisis.
  Mr. Speaker, I urge my colleagues to vote ``yes''.
  I thank Chairman DeFazio. It is time we fix this doomsday before it 
occurs.

                              {time}  1700

  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentleman from 
California (Mr. Panetta).
  Mr. PANETTA. Mr. Speaker, I rise in support of my amendment to H.R. 
2, for added flexibility to funding that goes to local Economic 
Development Administrations.
  As we fight this pandemic, our communities have relied on EDA funding 
in regard to other revolving loan funds. As we progress through this 
crisis, however, those same communities will start to look at forms of 
economic recovery and should be able to use those same funds to repair 
roads, bridges, and water systems; to support downtown revitalizations; 
and to help market tourism.
  That is where H.R. 2, with my amendment, can help all of our 
communities, by allowing recipients of these revolving loan funds to 
first lend out those funds and then, after those loans have been 
repaid, to repurpose that money and use it for new infrastructure 
projects that initially were outside the purpose of the revolving loan 
fund.
  This type of flexibility will allow our communities to best target 
Federal dollars as needs change over time.
  Mr. Speaker, that is why I urge passage of this amendment and passage 
of H.R. 2.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield 5 minutes to the 
gentleman from California (Mr. LaMalfa).

[[Page H2961]]

  

  Mr. LaMALFA. Mr. Speaker, I thank my colleague from Missouri for 
yielding.
  Mr. Speaker, once again, we all faithfully submitted to the Rules 
Committee, and our Republican amendments largely were ignored. So, we 
have in this en bloc amendment policy that hasn't really been fully 
thought out.
  One I would like to highlight here is one sponsor that looks at a 
single issue with hauling waste by rail and tries to apply a solution 
to the entire rail industry. But one size doesn't fit all, as we see 
time and time again in this business.
  Seeing one issue with waste transported by rail and deciding the 
solution is to cover every single waste railcar with a type of a 
covering should be a flashing red light to everyone. Again, because you 
have different types of waste, you have different railcar equipment. 
But then Congress just ruling, ``Well, all of them should be covered,'' 
what does that drive? Cost, expense--already difficult, sometimes, in 
hauling freight.
  And we have a mandate coming out of D.C. that hasn't been discussed 
or really vetted fully with the rail industry. Where does it make 
sense? Where does it not?
  The extra cost associated with retrofitting every railcar can result 
in waste simply traveling by truck instead. Now, everybody likes 
trucks, right? Well, at least I do. But the most efficient means of 
moving is the one that is most cost-effective and takes the most amount 
of material the longest distance, and rail fits that mold very well 
when we are talking about long distances with high amounts of material.
  Instead, this will decimate rail funding and send the waste to the 
same highway system that Democrats have refused to properly fund in 
this bill, looking for, instead, pie-in-the-sky green-type things.
  Why don't we take time, consult with the industry that would like to 
sit down at the table, and say: We have ideas on how we could haul 
waste more efficiently, or recovery that might fit certain types of 
material but doesn't fit everything.
  We would like to have a bipartisan process in that, too, because 
Republicans have been largely left out of the discussion, which is sad, 
because we want to be successful with this legislation and other 
related legislation later in the year that have to get done and be able 
to take it over to the Senate side and, ultimately, the White House.
  This does not look like that type of collaboration. It looks more 
like, again, one that is an election-year-type of collaboration, a 
noncollaboration, and not one designed to succeed, which I don't 
understand.
  With everything we have going on in this country, we need that kind 
of cooperation. At home, in my own State of California, we have budget 
problems now. We have issues to deal with. In another part of this 
bill, there is still more funding for high-speed rail.
  In my home State of California, with budget problems, with highways 
that are crumbling, with the water system, our infrastructure needs to 
be focused on things that are successful for the people of the State, 
and high-speed rail in California is not it.
  In this situation here, just simply willy-nilly saying that ``all 
waste cars have to have coverings on them now,'' again, that might be 
noble in certain cases.
  Talk to the industry. Talk with the industry. Come up with ideas that 
actually makes sense for them and for the costs, because everything 
that they bring, every item they bring, is something that somebody 
needs or somebody has discarded and needs to be disposed of properly. 
It is going to cost somehow into the whole chain, ultimately, the 
consumer--not government, not rich people, not big companies, the 
consumer, the low-income, middle-income consumer, especially where they 
have so much hitting them these days, trying to maintain their jobs, 
get their kids to school, whatever it is.
  We keep hitting more and more mandates that don't make any sense and 
don't have any idea what the size and scope of what they are putting 
upon an industry is.
  Mr. Speaker, with this piece in this particular en bloc, it just 
again shows that this hasn't really been a serious process and why H.R. 
2 should not be supported.
  Mr. LIPINSKI. Mr. Speaker, may I inquire how much time I have 
remaining.
  The SPEAKER pro tempore. The gentleman from Illinois has 7\1/2\ 
minutes remaining. The gentleman from Missouri has 6 minutes remaining.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentleman from 
Texas (Mr. Cuellar).
  Mr. CUELLAR. Mr. Speaker, I thank Chairman Lipinski for yielding to 
me.
  Mr. Speaker, my amendment is very simple. What it does, it directs 
funding for road crossings at international bridges.
  An area like my hometown in Laredo, which is the largest inland port, 
handles more trucks than any other place across the country, handles 
more trains than any other place across the country. In fact, it is the 
number one truck crossing and rail crossing in the country. In fact, 60 
percent of all the trade between the U.S. and Mexico comes through one 
port, and that is the Port of Laredo.
  This grant money is going to be important to make sure that we help 
fix those grade crossings at international crossings because, again, 
when a train stops in the middle of a street for hours and hours and 
hours, that creates traffic congestion. We have to make sure that we 
allow trade to go through but at the same time not stop the people 
going to school, work, or going on an emergency basis.
  Mr. Speaker, I ask my colleagues to pass this amendment and ask for 
approval of this bill.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Garcia), my neighbor.
  Mr. GARCIA of Illinois. Mr. Speaker, I thank Chairman Lipinski for 
yielding me the time.
  Mr. Speaker, I rise in support of amendment No. 274, which protects 
transportation workers during the COVID pandemic, including the many 
who worked in Chicago. I thank my cosponsors: Carbajal, Lynch, 
Pressley, Ocasio-Cortez, and Jayapal.
  Mr. Speaker, voluntary adoption of CDC guidelines just won't cut it. 
Reports we have and continue to receive from workers in the 
transportation sector make this clear: Frontline workers, many Black 
and Brown, are getting sick at alarming rates.
  My amendment expands protections to more frontline employees, 
including maritime, freight rail, motorcoach, and longshore workers. It 
also requires passengers on all modes to wear a mask to protect 
themselves, employees, and the traveling public. Finally, it would hold 
employers accountable for failing to provide proper protective gear for 
transport workers.
  This amendment is supported by our friends in labor, including AFL-
CIO's Transportation Trades Department, the Teamsters, our pilots, 
Electrical Workers, Transportation Workers Union, train workers, Sheet 
Metal Workers, and many others.
  Mr. Speaker, I urge adoption of this bill.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentlewoman from 
California (Ms. Waters).
  Ms. WATERS. Mr. Speaker, I rise in support of H.R. 2 and this en bloc 
amendment.
  I thank my colleague, Chairman Peter DeFazio, for his work on this 
bill and for including my amendment to assist airport concessionaires.
  Mr. Speaker, my amendment requires airports that receive supplemental 
airport funding to provide financial relief to airport concessionaires 
experiencing economic hardship. This amendment is a critical down 
payment toward the long-term financial assistance needed by 
concessionaires that are a vital part of our Nation's air travel 
system.
  Concessionaires are small businesses and often minority-owned 
businesses. They are completely dependent upon thriving airports and 
robust demand for air travel. As the coronavirus continues to wreak 
havoc on the aviation industry, concessionaires need targeted relief.
  Mr. Speaker, I urge all of my colleagues to support this amendment.

[[Page H2962]]

  

  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Ohio (Ms. Kaptur), the chairwoman.
  Ms. KAPTUR. Mr. Speaker, I thank Chair Lipinski, the Rules Committee, 
and Chairman DeFazio for making my amendment to H.R. 2 in order under 
en bloc.
  Mr. Speaker, this amendment expresses the sense of Congress that 
Amtrak has taken a wrongheaded and shortsighted approach to limiting 
daily service on numerous long-distance routes. Amtrak's proposal to 
limit service on 13 of its long-distance routes will be devastating for 
the system as a whole and the communities it serves.
  After receiving over $1 billion from the CARES Act, Amtrak's plan to 
limit services of long-distance routes is unacceptable and may lead to 
a long-term, slash-and-burn strategy by the carrier.
  Mr. Speaker, I include in the Record a letter from the Northeast Ohio 
Areawide Coordinating Agency that shows just how critical Amtrak is to 
the economic future of our Nation.
                                     Cleveland, OH, June 29, 2020.
     Hon. Marcy Kaptur,
     House of Representatives Washington, D.C.
       Congresswoman Kaptur: I am writing as Executive Director of 
     the Northeast Ohio Areawide Coordinating Agency (NOACA), the 
     metropolitan planning organization for the five counties 
     surrounding Cleveland that represents 2.1 million people and 
     166 cities, villages, and towns. NOACA is responsible for 
     creating the federally mandated long range transportation 
     vision for the region, and we are currently in the beginning 
     phases of developing our next 30-year Long Range Plan: 
     eNE02050--an Equitable Future for Northeast Ohio. As NOACA's 
     Board of Directors considers the current and future 
     transportation needs of our region, we make important 
     decisions about how to best provide transportation options 
     for all users in an equitable and environmentally sustainable 
     manner. As stated in NOACA's Board-adopted vision statement, 
     NOACA will strengthen regional cohesion, preserve existing 
     infrastructure, and build a sustainable multimodal 
     transportation system to support economic development and 
     enhance quality of life in Northeast Ohio.
       In this context, I am writing to express support for your 
     effort to sustain daily Amtrak service to Northeast Ohio, in 
     order to give all residents equitable access to points east 
     and west for education, business, and recreational 
     opportunities. NOACA supports the notion of transportation 
     choice, and Amtrak has long provided an essential option to 
     residents seeking safe and affordable travel to other regions 
     and states. As you know, NOACA is part of a public private 
     partnership to develop Great Lakes Hyperloop, a next-
     generation hyperloop route that will carry passengers quickly 
     and efficiently to Chicago and Pittsburgh, and beyond. NOACA 
     has entered into an agreement with Hyperloop Transportation 
     Technology (HTT) to make this project a reality in the 
     future. But until that happens, it's important that Amtrak 
     rail service continue on a daily basis, to help students get 
     to college without a car, give business travelers an option 
     other than flying, and give all residents access they deserve 
     to destinations across the nation.
       Furthermore, reducing rail service at this time, while the 
     nation is recovering from the COVID-19 economic crisis, would 
     only serve to limit the region's ability to continue moving 
     forward. Even a temporary reduction in service would be 
     detrimental to economic recovery and continued job growth in 
     the important Great Lakes region.
       In closing, thank you for your leadership on this issue, 
     and I am pleased to add NOACA's support for your amendment to 
     retain Amtrak daily service as part of Northeast Ohio's 
     transportation network.
           Sincerely,
                                                   Grace Gallucci,
                                               Executive Director.

  Ms. KAPTUR. Mr. Speaker, Amtrak's proposal will stifle economic 
recovery and only add to the growing unemployment in communities that 
are served by these long-distance routes.
  Mr. Speaker, despite an infusion of CARES Act funding, these proposed 
routes guarantee a slimmer workforce that endangers the carrier's long-
term health.
  Mr. Speaker, I urge my colleagues to vote for en bloc amendment C and 
to support H.R. 2.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. LIPINSKI. Mr. Speaker, may I inquire how much time is remaining?
  The SPEAKER pro tempore. The gentleman has 3\1/2\ minutes remaining.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentleman from 
Illinois (Mr. Krishnamoorthi).
  Mr. KRISHNAMOORTHI. Mr. Speaker, I rise as a proud cosponsor of the 
Moving Forward Act and to urge support for two public safety amendments 
I authored.
  The first amendment is based on a bipartisan piece of legislation, 
the SAFE TO DRIVE Act, which is co-led by my colleague Congressman   
Mike Gallagher of Wisconsin. This legislation creates a new grant 
program for States that ban non-navigational viewing, ensuring States 
have robust resources to promote campaigns against distracted driving. 
Every day, nine people are killed in the United States from distracted 
driving.
  Mr. Speaker, my second amendment, which I authored as chairman of the 
Committee on Oversight and Reform's consumer protection subcommittee 
with Congresswoman Katie Porter, requires clearer height and weight 
requirement labels on children's booster seats to better protect 
children and their health and safety. Most parents believe the booster 
seats that they buy are safe, but research shows that 7 out of 10 
children are improperly restrained.
  Mr. Speaker, I strongly urge adoption of this measure.
  Mr. GRAVES of Missouri. Mr. Speaker, I continue to reserve the 
balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentleman from 
Rhode Island (Mr. Cicilline).
  Mr. CICILLINE. Mr. Speaker, our infrastructure is stuck in the 1950s, 
and it doesn't have to be. It is time--in fact, it is past time--for 
Congress to bring our bridges, roads, and schools into the 21st 
century. The American people gave Democrats control of the U.S. House 
last year because we promised to work for the people, higher wages, 
lower costs, and rooting out corruption in Washington. The Moving 
Forward Act delivers on that promise.
  It creates millions of good-paying jobs at a time when they are 
needed most. More than 40 million unemployment claims have been filed 
since the start of this pandemic, but the President is more interested 
in tweeting than helping people who are out of work.
  As a candidate, President Trump promised to rebuild our 
infrastructure. It turned out to be yet another empty promise on his 
road to power.
  Mr. Speaker, now Democrats are providing $1.5 trillion to build 
modern, sustainable infrastructure. This is a bill that invests in the 
well-being of our cities and towns.
  Mr. Speaker, I urge the House to adopt the en bloc package, which 
includes my amendment to establish the interagency innovative materials 
standards task force and to pass the underlying bill without delay.

                              {time}  1715

  Mr. GRAVES of Missouri. Mr. Speaker, I reserve the balance of time.
  Mr. LIPINSKI. Mr. Speaker, may I inquire as to how much time I have 
remaining.
  The SPEAKER pro tempore. The gentleman from Illinois has 1\1/2\ 
minutes remaining.
  Mr. LIPINSKI. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Washington (Ms. Jayapal).
  Ms. JAYAPAL. Mr. Speaker, my amendment would set aside an additional 
$9 million for airplane noise mitigation and other projects to support 
aviation-impacted communities.
  In my district, the rapid growth of Sea-Tac Airport to meet demand 
has impacted the day-to-day life of many of my constituents who live 
nearby. In large part, that has been due to increased noise.
  While we cannot stop rising demand, we can protect our communities 
with additional funds for noise insulation and by studying 
environmentally sound ways to reduce aviation impacts.
  The FAA has not taken this issue seriously enough, failing to respond 
to my constituents' concerns in community meetings and refusing to 
release congressionally mandated studies on reducing airport noise. 
That is why my amendment would compel the FAA to devote more resources 
to aviation-impacted communities across the Nation.
  Mr. LIPINSKI. Mr. Speaker, I am prepared to close, and I reserve the 
balance of time.
  Mr. GRAVES of Missouri. Mr. Speaker, I yield myself the balance of my 
time.
  Mr. Speaker, I rise again to express my disappointment at the 
partisan nature of the amendments in this package. For example, it 
includes an

[[Page H2963]]

airdropped rail amendment that imposes unreasonable mandates on freight 
rail carrying waste by attempting to force an impractical, one-size-
fits-all solution that would create more problems than it attempts to 
solve.
  It includes a significant change in the Economic Development Agency's 
revolving loan program and new requirements on public buildings that 
the committee never had a chance to consider under regular order.
  It also includes an amendment that requires the Department of 
Transportation to share protected security and business information on 
pipeline incidents with State and local governments, creating 
unintended safety and security risks.
  Mr. Speaker, this bill is full of partisan amendments meant to 
fulfill the Speaker's messaging agenda of unchecked spending and 
unserious, one-sided Green New Deal excesses. These provisions are 
going to create difficult, impractical, and unreasonable mandates on 
the rail and aviation industries at a time when we should be doing what 
we can to help them just survive.
  For these reasons, I urge my colleagues to very much oppose this en 
bloc amendment, and I yield back the balance of my time.
  Mr. LIPINSKI. Mr. Speaker, I yield to the gentlewoman from 
Massachusetts (Ms. Pressley) for a unanimous consent request.
  (Ms. PRESSLEY asked and was given permission to revise and extend her 
remarks.)
  Ms. PRESSLEY. Mr. Speaker, I include in the Record a statement in 
support of my amendment.
  Mr. Speaker, I rise to offer an amendment to H.R. 2, the Moving 
Forward Act and thank my colleagues for their work on this legislation.
  Our nation's transportation and infrastructure policies play a 
critical role in building healthy and safe communities.
  But, for too long they have perpetuated many of our most entrenched 
inequities.
  My amendment would require us to examine how our nation's 
transportation policies have impacted and targeted our most vulnerable.
  It is critical that we understand how transportation policies are 
criminalizing Black and brown communities.
  Specifically, we have seen violent enforcement of fare evasion 
policies and the discriminatory placement of speed cameras and other 
surveillance technology in our lowest income communities.
  Mr. Speaker, this is a moment of reckoning.
  The people have organized and peacefully protested for more than a 
month to affirm that Black Lives Matter and demand the end of racist 
systems and policies that disproportionately criminalize our Black and 
Brown neighbors.
  We have a mandate to center justice in all of our policymaking. Our 
transportation policies are no exception.
  I urge my colleagues to support this amendment.
  Thank you. I yield.
  Mr. LIPINSKI. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I urge my colleagues to support this en bloc amendment. 
Thirty-four good amendments added to this bill make this bill even 
better on a number of topics: airports, rail, FEMA, and other areas. I 
urge my colleagues to support it.
  Mr. Speaker, I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise to speak in support of the 
Amendment to H.R. 2 designated as En Bloc C and specifically to the 
inclusion of the Jackson Lee Amendment that directs the FAA to report 
on areas of the airport system that have not received COVID-19 related 
funding.
  H.R. 2, the Moving Forward Act, is a more than $1.5 trillion plan to 
rebuild American infrastructure--not only our roads, airports, bridges, 
and transit systems, but also our schools, housing, broadband access, 
and so much more.
  It has come to my attention that certain support functions essential 
to airport operations have not received COVID-19 funding.
  Mr. Speaker, this transformational legislation makes robust 
investments in the infrastructure necessary to support the wellbeing of 
all Americans and connect them with the services and opportunities 
needed to succeed in the global economy, which will create millions of 
American jobs rebuilding our country, so desperately needed in light of 
its wreckage by the COVID-19 pandemic.
  Mr. Speaker, our nation's airports experienced a significant economic 
impact due to COVID-19 and the level of support to airports and 
airlines has been generous, but not enough, especially regarding what I 
have learned about airport parking service areas.
  It has come to my attention that certain support functions essential 
to the smooth operation of our nation's busiest airports.
  One area of concern is airport parking, which is vital to the smooth 
operation of our nation's busiest airports.
  Airports serving our nation's largest metropolitan areas that serve 
hundreds of millions of passengers collectively include:
  Hartsfield-Jackson Atlanta International Airport (ATL) that receives 
103 Million Passengers,
  Los Angeles International Airport (LAX)--84.5 Million Passengers,
  O'Hare International Airport (ORD)--79.8 Million Passengers, and 
Dallas/Fort Worth International Airport (DFW)--75 Million Passengers.
  Workers and support services for parking and other essential services 
need and deserve support from COVID-19 funding.
  This Jackson Lee Amendment seeks a report from the FAA and directs 
that the next opportunity for funding for COVID-19 should prioritize 
areas that have not yet received funding.
  I ask my Colleagues to support this En Bloc and the underlying bill.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to the rule, the previous question is ordered on the 
amendments en bloc offered by the gentleman from Illinois (Mr. 
Lipinski).
  The question is on the amendments en bloc offered by the gentleman 
from Illinois (Mr. Lipinski).
  The en bloc amendments were agreed to.


     Amendments En Bloc No. 3 Offered by Mr. Pallone of New Jersey

  The SPEAKER pro tempore. It is now in order to consider an amendment 
en bloc consisting of the amendments printed in part D of House Report 
116-438.
  Mr. PALLONE. Mr. Speaker, pursuant to House Resolution 1028, I offer 
amendments en bloc.
  The SPEAKER pro tempore. The Clerk will designate the amendments en 
bloc.
  Amendments en bloc No. 3 consisting of amendment Nos. 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, and 28, printed in part D of House Report 116-438, offered 
by Mr. Pallone of New Jersey:


       amendment no. 1 offered by ms. blunt rochester of delaware

       Page 1677, after line 16, insert the following:

                      Subtitle E--Open Back Better

     SEC. 33501. SHORT TITLE.

       This subtitle may be cited as the ``Open Back Better Act of 
     2020''.

     SEC. 33502. 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).

[[Page H2964]]

       (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

[[Page H2965]]

     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. 33503. PERSONNEL.

       (a) In General.--To carry out section 33502, 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.


       amendment no. 2 offered by ms. blunt rochester of delaware

       Page 1547, after line 5, insert the following new chapter:

             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 2 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

[[Page H2966]]

     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''--
       (9) 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.


          amendment no. 3 offered by mr. brindisi of new york

       Page 1239, strike lines 10 and 11 and insert the following:
       (G) How competition impacts the price of broadband service, 
     including the impact of monopolistic business practices by 
     broadband service providers.


          amendment no. 4 offered by mr. brindisi of new york

       Page 1236, after line 19, insert the following:
       (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.


           amendment no. 5 offered by mrs. craig of minnesota

       Page 1400, after line 2, insert the following:
       (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.


      amendment no. 6 offered by mr. cunningham of south carolina

       Page 1678, line 10, after ``public health emergency 
     preparedness'' insert ``, natural disaster emergency 
     preparedness, flood mitigation,''.


      amendment no. 7 offered by mr. cunningham of south carolina

       Page 1886, after line 16, insert the following:

     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).


          amendment no. 8 offered by mrs. dingell of michigan

       Page 1547, after line 5, insert the following new chapter:

        CHAPTER 10--CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR

     SEC. 33191. 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.

[[Page H2967]]

       ``(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 
     7 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 3 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 3 members appointed and confirmed under paragraph 
     (1)(A) shall have initial 5-year terms.
       ``(B) Of the 4 members elected under paragraph (1)(B), 2 
     shall have initial 3-year terms, and 2 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.

[[Page H2968]]

       ``(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 1 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 2 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 3 shall be representatives of the 
     small business community;
       ``(B) not fewer than 2 shall be representatives of the 
     labor community, except that no 2 members may be from the 
     same labor union;
       ``(C) not fewer than 2 shall be representatives of the 
     environmental nongovernmental organization community, except 
     that no 2 members may be from the same environmental 
     organization;
       ``(D) not fewer than 2 shall be representatives of the 
     environmental justice nongovernmental organization community, 
     except that no 2 members may be from the same environmental 
     organization;
       ``(E) not fewer than 2 shall be representatives of the 
     consumer protection and fair lending community, except that 
     no 2 members may be from the same consumer protection or fair 
     lending organization; and
       ``(F) not fewer than 2 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.''.


           amendment no. 9 offered by mr. foster of illinois

       In section 33114(b), strike paragraph (2) and insert the 
     following:
       (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

[[Page H2969]]

     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.
       In section 33114(e), add at the end the following:
       (3) 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).


         amendment no. 10 offered by ms. haaland of new mexico

       Page 1417, after line 7, insert the following:

     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.


         amendment no. 11 offered by mrs. hayes of connecticut

       Page 1619, line 7, strike ``$65,000,000'' and insert 
     ``$130,000,000''.
       Page 1619, line 8, strike ``$15,000,000'' and insert 
     ``$45,000,000''.


       amendment no. 12 offered by mr. krishnamoorthi of illinois

       Insert after section 32006 the following new section (and 
     redesignate the succeeding sections and conform the table of 
     contents accordingly):

     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.


           amendment no. 13 offered by mr. levin of michigan

       Page 1685, line 1, insert ``and the reduction of wait times 
     for results'' after ``capacity''.


          amendment no. 14 offered by mr. lipinski of illinois

       On page 1459, insert at the end the following new section:

     ``Sec. 32007. 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.''.


          amendment no. 15 offered by mr. lujan of new mexico

       In the appropriate place, insert the following new section:

[[Page H2970]]

  


     SEC. ___. 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).


          amendment no. 16 offered by ms. matsui of california

       Page 1635, line 1, strike ``$75,000'' and insert 
     ``$100,000''.
       Page 1640, line 18, strike ``240'' and insert ``208''.


          amendment no. 17 offered by ms. matsui of california

       In division G, at the end of subtitle B of title III, add 
     the following:

             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

[[Page H2971]]

     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 4 persons, but no less than one person, 
     representing the retail power provider receiving assistance 
     under this section.
       (B) Up to 4 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 3 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 2 persons representing a local affordable housing 
     agency, affordable housing builder, or community development 
     corporation.
       (E) Up to 3, 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 2 persons representing the nursery and 
     landscaping industry.
       (H) Up to 2 persons, but no less than one person, 
     representing State foresters, landscape architects, or 
     equivalent State officials.
       (I) Up to 3 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.


            amendment no. 18 offered by ms. meng of new york

       Page 1464, after line 17, insert the following:

                      Subchapter C--Other Matters

     SEC. 33105. 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:

[[Page H2972]]

  


     ``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.''.


           amendment no. 19 offered by ms. moore of wisconsin

       Page 1220, after line 11, insert the following:

                        TITLE VI--OTHER MATTERS

     SEC. 26001. 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.


         amendment no. 20 offered by mr. norcross of new jersey

       Page 1610, after line 24, insert the following:

                  CHAPTER 5--INDUSTRIAL ENERGY SAVINGS

     SEC. 33261. 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.


         amendment no. 21 offered by mr. phillips of minnesota

       Page 439, after line 19, insert the following:
       (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.


       amendment no. 22 offered by ms. plaskett of virgin islands

       Page 1350, line 19, after ``this section.'' insert the 
     following: ``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.''.
       Page 1351, line 13, after ``available.'' insert the 
     following: ``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.''.


       amendment no. 23 offered by ms. plaskett of virgin islands

       Page 1464, after line 17, insert the following:

                       Subtitle C--Other Matters

     SEC. 33105. ASSISTANCE FOR AREAS AFFECTED BY NATURAL 
                   DISASTERS.

       Section 2020 of America's Water Infrastructure Act of 2018 
     (Public Law 115-270) is amended--

[[Page H2973]]

       (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)''.


          amendment no. 24 offered by ms. porter of california

       Page 1619, after line 23, insert the following:

     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.


   amendment no. 25 offered by mr. sablan of northern mariana islands

       Page 1464, after line 17, insert the following:

                      Subchapter C--Other Matters

     SEC. 33105. 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''.


          amendment no. 26 offered by ms. slotkin of michigan

       Page 1462, after line 3, insert the following:
       ``(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.


         amendment no. 27 offered by ms. spanberger of virginia

       Page 1321, after line 9, insert the following:

     SEC. 31207. GAO REPORT.

       Not later than one 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.


          amendment no. 28 offered by mr. takano of california

       Page 1543, line 18, insert ``, including battery storage 
     technologies,'' after ``Energy storage technologies''.
  The SPEAKER pro tempore. Pursuant to House Resolution 1028, the 
gentleman from New Jersey (Mr. Pallone) and the gentleman from Illinois 
(Mr. Shimkus) each will control 15 minutes.
  The Chair recognizes the gentleman from New Jersey.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of this en bloc amendment of 28 
that will further improve the already strong language of H.R. 2 in many 
areas.
  It will expand our digital internet infrastructure through Tribal 
benefits and assistance available under the broadband sections. These 
digital infrastructure measures will ensure access to affordable, 
reliable internet service and give Americans living in multifamily and 
government-assisted housing access to reliable, high-speed broadband.
  It will strengthen energy efficiency and resilience for critical 
infrastructure, while addressing greenhouse gas pollution and 
environmental justice issues at our Nation's ports.
  It creates a fund to invest in clean energy technologies and jobs and 
improves the Department of Energy's laboratory infrastructure, while 
bolstering its clean energy research.
  It improves the underlying clean school bus and electrical vehicle 
provisions, while also expanding on the PFAS and lead contamination 
provisions.
  It also improves drinking water assistance to our territories.
  Mr. Speaker, this bloc of amendments also includes provisions to 
protect pedestrians, bicyclists, and other vulnerable road users, while 
promoting the safe use of child booster seats.
  It also prioritizes hospital and lab infrastructure projects that 
will address natural disaster preparedness and reduce wait times for 
results of COVID-19 tests.
  So I want to thank the many Members who contributed to the en bloc, 
including Representatives Blunt-Rochester, Dingell, Matsui, Sarbanes, 
Lujan, O'Halleran, and Cardenas from the Energy and Commerce Committee, 
as well as Representatives Brindisi, Craig, Cunningham, Foster, 
Haaland, Hayes, Krishnamoorthi, Levin of Michigan, Lipinski, Meng, 
Moore, Norcross, Phillips, Plaskett, Porter, Sablan, Slotkin, 
Spanberger, and Takano. Their amendments are making this a better bill, 
and I thank them for their contributions.
  This an excellent amendment. I urge its adoption, and I reserve the 
balance of time.
  Mr. SHIMKUS. Mr. Speaker, I reserve the balance of time.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentleman from 
Pennsylvania (Mr. Michael F. Doyle), the chairman of the Communications 
and Technology Subcommittee.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I rise today in 
support of H.R. 2, the Moving Forward Act. This legislation represents 
a historic investment in the future of our Nation.
  As the chairman of the Communications and Technology Subcommittee, I 
am proud that this bill includes an unprecedented $100 billion 
investment in our Nation's broadband infrastructure.
  This crisis has made it clear that broadband is a necessity, not a 
privilege. Because of COVID-19, we must all use the internet to work, 
to learn, and to participate in society.
  This legislation would establish a national digital equity program to 
provide outreach and digital literacy education to get folks online.
  It would expand the Lifeline program to create a monthly broadband 
benefit to connect working families and the recently unemployed.
  It would fund a critical upgrade of our Nation's 911 system, and it 
would bring the benefits of high-speed fiber-optic networks to every 
part of the country.
  Today, Americans who are not connected are being left behind. If our 
Nation is going to succeed in the 21st century, we must ensure that 
everyone has access to this essential resource.
  I would like to thank my good friend, Majority Whip  Jim Clyburn, for 
his leadership on this issue and for working with myself and Chairman 
Pallone on this legislation. I would like to thank all of the members 
of our subcommittee who contributed to this bill.
  Mr. Speaker, I am concerned about a provision related to autonomous 
vehicles that was included in the manager's amendment.
  My hometown of Pittsburgh is our Nation's and the world's leading hub 
for research and development into autonomous vehicle technologies. As 
we continue to consider this legislation related to autonomous 
vehicles, I hope

[[Page H2974]]

that we can engage in a more deliberate discussion about how these 
technologies will be regulated and deployed. This technology is too 
important to the success of our Nation and to Pittsburgh to do any 
less.
  Mr. SHIMKUS. Mr. Speaker, I reserve the balance of time.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Michigan (Mrs. Dingell), who is always dealing with these innovative 
technologies and uses that are so important for our future.
  Mrs. DINGELL. Mr. Speaker, I rise in strong support of this en bloc, 
which includes an important amendment that I have championed that would 
establish a clean energy and sustainability accelerator to both meet 
the climate crisis head-on, while building the infrastructure of 
tomorrow.
  As an independent nonprofit that is capitalized with $20 billion of 
Federal funds spread over a 6-year period, the accelerator will help 
bolster and expand a robust clean energy workforce, create jobs, deploy 
emissions reduction technologies, and invest in low-carbon 
infrastructure projects nationwide.
  It would provide crucial seed investment to build clean energy 
infrastructure that will put millions back to work, strengthen 
communities, improve public health for generations, while reducing 
pollution, lowering energy costs, and specifically reducing harmful 
greenhouse emissions.
  I am proud to lead this amendment, and I thank Chairman Pallone, the 
leadership of the House, and the Energy and Commerce Committee staff 
for all the work they have done to get it here.
  I urge my colleagues to support this bill.
  Mr. SHIMKUS. Mr. Speaker, I reserve the balance of time.
  Mr. PALLONE. Mr. Speaker, I yield 1 minute to the gentleman from 
Michigan (Mr. Levin).
  Mr. LEVIN of Michigan. Mr. Speaker, I want to thank Chairman Pallone 
for his tremendous work on this bill and all the staff of the Energy 
and Commerce Committee who worked on this.
  My amendment modifies H.R. 2's pilot program to improve lab 
infrastructure, ensuring grants can help labs reduce wait times for 
COVID-19 test results.
  It can take several business days to find out if you have tested 
positive for COVID-19. During that time, folks are told to take 
precautions as though they are positive.
  Not everyone can afford missing work to do that. Not everyone has 
another person who can take care of an elderly or sick parent. If we 
don't bring down wait times, we are asking Americans to do things that, 
for them, might be virtually impossible. Let's make things easier for 
working families.
  I urge support of this amendment and this tremendous bill.

                              {time}  1730

  Mr. SHIMKUS. Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield 1 minute to the gentlewoman from 
Virginia (Ms. Spanberger).
  Ms. SPANBERGER. Mr. Speaker, I rise today in support of amendment No. 
319 to H.R. 2.
  The Moving America Forward Act includes a historic investment in 
high-speed broadband internet infrastructure.
  Mr. Speaker, I would like to thank Whip Clyburn for his leadership on 
the Rural Broadband Task Force.
  In central Virginia, like across so much of the country, we urgently 
need funding for broadband projects, particularly as COVID-19 lays bare 
the realities of the digital divide.
  In our district, for example, I have spoken with teachers who, when 
schools closed, were unable to maintain contact with so many of their 
students because they simply cannot access the internet.
  As we talk about making a significant investment in the future of 
high-speed internet, we need to take appropriate steps to ensure this 
new infrastructure meets the needs of the next generation of wireless 
technology.
  For many years, the FCC has set the threshold for determining the 
speed at which areas are found to have sufficient broadband service. 
However, experts have indicated that the current speed threshold is 
outdated. My amendment would require the GAO to examine the efficacy of 
the FCC's process for updating its broadband speed threshold.
  The SPEAKER pro tempore. The time of the gentlewoman has expired.
  Mr. PALLONE. Mr. Speaker, I yield an additional 30 seconds to the 
gentlewoman from Virginia (Ms. Spanberger).
  Ms. SPANBERGER. Mr. Speaker, with this information, we can make 
better decisions about how to best update these thresholds. If we are 
going to keep our rural businesses, our farms, and our students 
competitive into the next century, we need to recognize that the 
broadband infrastructure we build must meet the need for faster 
downloads and uploads.
  Mr. SHIMKUS. Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman 
from South Carolina (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Speaker, I rise today in support of my 
amendments, which will help fund critically needed flood mitigation 
infrastructure in South Carolina's Lowcountry and protect my 
constituents from harmful PFAS contaminants.
  This month marked the start of hurricane season, and given the 
ongoing COVID-19 pandemic, it is more essential than ever that we 
invest in flood mitigation infrastructure that will protect places like 
downtown Beaufort and hospitals in Charleston's medical district.
  In the Lowcountry, when it rains, it floods. Each year, our 
communities face tidal flooding that poses significant health, human 
safety, and economic risks. If a weather-related disaster hits during 
the COVID-19 pandemic, the results will be severe.
  That is why I am proud to offer two amendments that will ensure 
natural disaster preparedness and flood mitigation projects are 
prioritized in this legislation.
  I also offered an amendment that will require the Federal Government 
to investigate wild fish in PFAS-contaminated waters and the risk of 
consuming such fish to humans and natural predators.
  In a pair of recent studies, it was determined that PFAS were present 
in groundwater on Joint Base Charleston, as well as in wild fish in the 
Ashley and the Cooper Rivers. Given the health and environmental 
hazards associated with PFAS exposure, it is critical that we ensure my 
constituents are not put at risk.
  I hope my colleagues on both sides of the aisle will join me in 
supporting my amendments, as well as the underlying legislation.
  Mr. SHIMKUS. Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield 2 minutes to the gentlewoman from 
Delaware (Ms. Blunt Rochester), a member of our committee.
  Ms. BLUNT ROCHESTER. Mr. Speaker, I rise today in support of H.R. 2 
because it is a critical investment in our roads, bridges, schools, and 
other vital infrastructure. Not only that, this plan ensures we build a 
clean energy economy that will address the climate crisis and make our 
communities healthier and safer.
  Amendments Nos. 37 and 71, which we are debating today, are two of my 
bills that prioritize investments in environmental justice communities. 
These are the communities that are overburdened with pollution and are 
being hit the hardest with impacts of both the climate crisis and 
COVID-19.
  The Climate Action Planning for Ports Act creates a competitive grant 
program at EPA that will incentivize ports to implement climate action 
plans, reduce their air pollution, and engage the communities to reduce 
the cumulative impacts of the pollution from the nearby port.
  EPA is uniquely equipped to manage a grant program like this and will 
complement the Ports Initiative that already exists at the agency. Most 
importantly, though, this program provides flexibility for ports and 
port authorities while requiring strong emissions targets and near-port 
community engagement.
  Mr. Speaker, I urge my colleagues to join me in supporting the 
passage of these amendments and H.R. 2.
  Mr. SHIMKUS. Mr. Speaker, I reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, can I inquire about how much time remains 
on each side?

[[Page H2975]]

  The SPEAKER pro tempore. The gentleman from New Jersey has 4\1/2\ 
minutes remaining. The gentleman from Illinois has 15 minutes 
remaining.
  Mr. PALLONE. Mr. Speaker, I was expecting someone else, but they are 
not here. I am prepared to close.
  Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, I urge strong support of this en bloc amendment. I do 
think it will improve the already strong language of H.R. 2 in many 
areas, and I would urge its adoption.

  Mr. Speaker, I yield back the balance of my time.
  Mr. SHIMKUS. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, so here we are. I am down on the floor with my good 
friend, Frank Pallone, who I am a fan of. And, actually, I am a fan of 
Jeff Carroll, which probably surprises a lot of people.
  What we are doing here today, and they know it, just goes too far. 
Here we are, on a transportation and infrastructure bill, debating 
energy and telecommunications and healthcare issues.
  The preeminent committee in Washington, D.C., is the Energy and 
Commerce Committee. I proudly served on it for 24 years. We take pride 
in that. But here, today, we have allowed leadership to take our 
jurisdiction and give it to the Transportation and Infrastructure 
Committee. There are a lot of Committee on Energy and Commerce chairmen 
and ranking members who are rolling over in their graves today, and I 
am particularly disappointed.
  The original bill that came out of T&I, it is right here, $500 
billion. This is the bill that came out of T&I. The bill that we are 
debating today, $1.5 trillion.
  Where did the trillion come from? Well, it came from the Rules 
Committee, Mr. Speaker, which added bills from other jurisdictions that 
had no hearings, no markups, no process.
  In fact, I see my good friend Mr. Doyle here, and I wrote down what 
he said: There ought to be a deliberative discussion on that provision.
  I think it was on autonomous vehicles. Well, we didn't have a 
deliberative discussion because we allowed, for some reason, the powers 
that may be, and I think I can probably surmise, and I will get to that 
when I get close to the end of my 15 minutes. But, I am heartbroken.
  Tim Scott was on the floor of the Senate last week, talking about how 
the process is broken in the Senate on criminal justice reform. He 
couldn't even get a debate on his bill. This is an example of a broken 
process.
  As I leave my last year in Congress, I am saddened. I have loved it, 
24 years, made great friends, did some good public policy. But, gang, 
something is wrong here when we don't even stand up for the 
jurisdiction of our own committee and allow our committees to work in a 
bipartisan manner to bring bills that are acceptable. It is sad.
  Mr. Speaker, I have been joined by Bruce Westerman from Arkansas, who 
wants to talk a few minutes on some energy provisions that are in a T&I 
bill.
  Mr. Speaker, I yield 2 minutes to the gentleman from Arkansas (Mr. 
Westerman).
  Mr. WESTERMAN. Mr. Speaker, I rise today to not talk about a 
transportation bill.
  I am on the Transportation and Infrastructure Committee, but it has 
turned into an energy package, and I just want to expose the fallacy of 
this so-called green infrastructure package. Let's just look at one 
part of it.
  Let's look at all-electric vehicles. Let's assume that we could go to 
all-electric vehicles in the U.S. overnight. What would that mean? We 
hear a lot of talk about electric vehicles, and it sounds good, but 
what would it actually do for greenhouse gases? The answer is not 
nearly as much as my colleagues across the aisle would like for you to 
believe.
  First, the people who write this legislation must be the same ones 
who think that food comes from the grocery store and electricity comes 
from the wall outlet. Just like the food in the grocery store, energy 
has a supply chain, and less than 10 percent of it is coming from wind 
and solar. In fact, between 60 and 70 percent of electricity comes from 
coal and natural gas. And guess what? It is going to keep coming from 
coal and natural gas unless we build nuclear power plants, and I 
haven't seen proposals from anyone on the left to be building any 
nuclear power plants.
  I have got some science and engineering to share with my friends 
about their wind and solar daydream without coal, natural gas, or 
nuclear power: It won't work.
  I realize the truth about this might hurt people's feelings, but 
science is science. And just in case you didn't catch that: Wind and 
solar without coal, natural gas, or nuclear power will not work. If you 
don't believe me, I challenge you to watch the movie called ``Planet of 
the Humans,'' and maybe you will believe the left's very own Michael 
Moore, who basically says the same thing in that movie.
  Let's do some quick math on what all-electric vehicles would do for 
greenhouse gas emissions. I don't think anybody denies the fact that 
the U.S. emits 15 percent of the world's greenhouse gases and that 
transportation is the largest sector of that, making up 28 percent of 
all greenhouse gases. Well, 28 percent of 15 percent is 4.2 percent. So 
of the global greenhouse gases, transportation in the U.S. makes up 4.2 
percent.
  But passenger cars aren't all of transportation. They make up only 32 
percent of transportation. So, 32 percent of 4.2 percent is 1.34 
percent.
  That is how much greenhouse gases passenger vehicles in the United 
States emit. But, remember, when you plug the electric vehicle into the 
wall, that power is coming from somewhere, somewhere that is making 
electricity at 60 to 70 percent with fossil fuels.
  The SPEAKER pro tempore. The time of the gentleman has expired.
  Mr. SHIMKUS. Mr. Speaker, I yield an additional 45 seconds to the 
gentleman from Arkansas (Mr. Westerman).
  Mr. WESTERMAN. Mr. Speaker, electric vehicles versus internal 
combustion engines are 25 percent less greenhouse gases. So, all-
electric vehicles in the U.S. would mean that we would reduce global 
greenhouse gases by one-third of 1 percent.
  It would also require a tremendous amount of mining and other 
activities that my friends oppose.
  America needs cleaner air and a sustainable environment and sound 
energy policies. H.R. 2 fails on all of these. We need sound policy to 
make existing energy sources cleaner and more efficient, and we need to 
work on next-generation nuclear energy. Then we can talk real numbers 
on reducing greenhouse gas emissions.

                              {time}  1745

  Mr. SHIMKUS. Mr. Speaker, may I ask how much time I have remaining?
  The SPEAKER pro tempore. The gentleman from Illinois has 8\3/4\ 
minutes remaining.
  Mr. SHIMKUS. Mr. Speaker, I yield myself the balance of my time.
  So, CBO came out with a report on this bill. It will add to the 
deficit $450 billion. That is the CBO report just out today.
  Now, we spent a lot of money this year. I guess I am really getting 
reflective because when I ran 20 years ago, I was railing against the 
national debt, which was at that time $4 trillion. That is why I ran. 
Four trillion dollars. Now it is, what, 26?
  And most of us joined in a lot of that this Congress because of the 
pandemic, and I get it. But I believe that eventually someone has got 
to pay the piper. And who will that be? Well, it won't be me, I am 
going to retire, unless they go after my Social Security and my pension 
fund and my investments. But it is going to be our children and our 
grandchildren. So eventually we are going to have to get serious about 
this.
  This bill out of the T&I Committee came out at $500 billion. Out of 
the Rules Committee on the floor it added $1 trillion. And, again, as 
we have discussed today, most of that additional trillion dollars 
hasn't been vetted by the committee, at least the Committee of Energy 
and Commerce, which is the predominant jurisdiction on this en bloc 
amendment. That is why I am here and have been asked to speak on this.
  We have got a DOE program. We have got another DOE program. We have 
got FCC broadband. We have got another interconnectivity. We have 
another FCC program. We have got chemical safety stuff--which if you 
ever want to

[[Page H2976]]

be an expert in an area, be an expert on chemical issues in this 
Congress, and you will be beating your head in. A clean energy 
sustainable accelerator; that sounds like a T&I provision. Grid 
security. FCC. EPA. Booster seat labeling. That was my original bill 20 
years ago; child safety seats. NTSA. Vehicle bumpers and hoods. 
Consumer protection and safety. DOE. Voltage requirements. Energy. Safe 
Drinking Water Act, one of my favorites; we worked in a bipartisan 
manner. I know brownfields was mentioned; we worked in a bipartisan 
manner. Replace fossil fuel fire technology in a T&I bill. That is 
interesting. GAO report. Territories.
  I can go on, but it is a tad frustrating when, again, you have a 
committee of jurisdiction that works well. We have credible hearings. 
We usually go through regular order. In fact, I remember my good 
friend, Chairman Pallone, berating us constantly about going through 
regular order. And regular order for us is: Have a hearing, mark it up 
in a subcommittee, take it to the full committee and then move it to 
the floor. TSCA worked that way. We worked together on that. Shoot, we 
don't even have a hearing on many of these bills, no less a 
subcommittee mark or a full committee mark. So why are we doing this?
  It is a waste of time. It is a waste of effort. And it is politics at 
its worst. Because we are giving people the chance to say, I moved my 
bill through the floor of the House. I am saving the Nation and our 
problems. Aren't you proud of me, my voters and my constituents? 
Hogwash. Embarrassing. I am disappointed. I am frustrated.
  We are in the minority. I get it. I can get beat down as good as 
anybody else, which I have been. But really, on bills like battery 
technology that we can move in a bipartisan manner and get to the 
floor, we have to shove it in a Transportation and Infrastructure bill? 
No, we don't. Even in virtual Congresses we could pass a battery 
technology improvement bill. I would grant it.
  I think part of the reason why we are shoving all this in is because 
coronavirus and social distancing and getting together is going to make 
it difficult to move things to the floor. So this T&I bill is going to 
get off the floor, open up the kitchen sink, throw everything in it 
whether it is germane or not. That is what happened here. Don't be 
surprised.
  And my colleagues who are complaining that it is not going to see the 
light of day, it is not. But I don't mind the debate. I just wish we 
would have it in the committee. I wish we would have it at a hearing. I 
wish we would have a subcommittee mark. I mean, we are in the minority, 
we are still going to get our heads beat in. But do we have to do it in 
this manner?
  So, again, a T&I bill came out of their committee this size, $500 
billion, came to the floor with another $1 trillion and 2,000 pages, 
mostly from jurisdictions that didn't have hearings, didn't have 
comments, just Members' wish lists that they knew they could attach. It 
is not going to go anywhere, so open it up. Everyone can claim victory 
that they have saved the Republic.
  Well, they added $450 billion to the deficit on a meaningless bill 
that appeases the base, especially the far left environmental group 
that want a Green New Deal. The public has rejected the Green New Deal. 
And if they haven't, then let's have that debate on the floor and in 
the committee. Why do we do it here? It shouldn't be in a T&I bill. It 
should be in the Environment Subcommittee, my subcommittee--well, 
ranking member.
  And I will end on this because my time is running out. I have been 
lectured many, many years in the committee about our jurisdiction and 
regular order. And here we are. I am disappointed, Mr. Speaker. We are 
better than this. The institution is worse because of what we are 
seeing today, and I think what is going to happen is we are going to 
continue to lose the power of the committees if we let the Speakers, 
whether it is a Republican or a Democrat, consolidate power. And our 
committees better start standing up for themselves if we want to see 
progress in the future, if we want to reclaim our roles as 
representatives.

  We have become experts in these committees of jurisdiction. Twenty-
four years, we better. If we are not experts, then what have we been 
doing for 24 years? We are about as smart as any public policy guy in 
telecommunications or in healthcare or in energy. So why is it in a 
transportation bill? Just because coronavirus, election year politics, 
Green New Deal.
  And I would just warn my colleagues, I am going to go back and I am 
going to teach once I leave this Chamber, and I am going to use this as 
an example of a failed system that is not operating the way in which we 
have been able to do for many years.
  It looks like the Speaker is about ready to gavel me down, so before 
he does that, I thank my colleagues for letting me preach.
  Mr. Speaker, I yield back the balance of my time.
  Ms. MOORE. Mr. Speaker, I rise in support of my amendment which has 
been included in this En Bloc Amendment. As we debate this bill, our 
nation is experiencing a resurrection in COVID-19 cases, with record or 
near record one day totals occurring almost daily. While this may not 
be the time to rehash rash decisions to reopen in the face of public 
health advice, it does again remind us of the need to continue to 
provide tools to communities to help identify, track, and treat those 
affected by this deadly virus.
  Tracking COVID-19 in the community is extremely important in the 
fight to stop this deadly killer which has already infected over 2.5 
million Americans and killed over 125,000.
  As noted by the Water Research Foundation, ``wastewater surveillance 
of COVID-19 could be an early, cost-effective, unbiased community-level 
indicator of the presence of COVID-19.''
  Research is underway in our nation and around the world to try and 
use sewage samples to spot any potential surge or other trends in 
caseloads in a community. It is believed that the virus will show up in 
sewer samples even for patients that show no outward symptoms.
  For example, in late March, samples from one wastewater utility in 
Massachusetts found that the amount of SARS-Co V-2 particles indicated 
a far higher number of people likely infected with Covid-19 than the 
area's reported cases
  My amendment would formally authorize a more robust EPA research 
program to help develop guidance and procedures to help identify and 
measure SARS-Co V-2 levels in wastewater.
  There are still a lot of unknowns associated with this evolving tool. 
The EPA is well positioned to offer key guidance and information to 
wastewater utilities interested in helping support such research. While 
it has undertaken some activities in this area, more can be done to 
inform sample collection, analysis, and interpretation of results of 
this research.
  The EPA can also help support greater coordination in ongoing 
research to prevent duplicative effort, help close knowledge gaps, and 
support better communication of the results of such testing to the 
public, public health officials, and others.
  As our nation continues to respond to the devastating Covid-19 
pandemic, this is an evolving field that shows promise at providing 
real time or near real time community wide surveillance that isn't 
directly tied to testing (although we still need to do that and do that 
better).
  I urge my colleagues to support my amendment.
  The SPEAKER pro tempore. All time for debate has expired.
  Pursuant to the rule, the previous question is ordered on the 
amendments en bloc offered by the gentleman from New Jersey (Mr. 
Pallone).
  The question is on the amendments en bloc offered by the gentleman 
from New Jersey (Mr. Pallone).
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. SHIMKUS. Mr. Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3 of House Resolution 
965, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this question 
are postponed.


       Amendments En Bloc No. 1 Offered by Mr. DeFazio of Oregon

  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, the 
unfinished business is the vote on the adoption of amendments en bloc 
No. 1, printed in part B of House Report 116-438, offered by the 
gentleman from Oregon (Mr. DeFazio) on which the yeas and nays were 
ordered.
  The Clerk will redesignate the amendments en bloc.
  The Clerk redesignated the amendments en bloc.
  The SPEAKER pro tempore. The question is on the amendments en bloc.

[[Page H2977]]

  The vote was taken by electronic device, and there were--yeas 229, 
nays 189, not voting 12, as follows:

                             [Roll No. 132]

                               YEAS--229

     Adams
     Aguilar
     Allred
     Axne
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brindisi
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Case
     Casten (IL)
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Cisneros
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Cox (CA)
     Craig
     Crist
     Crow
     Cuellar
     Cunningham
     Davids (KS)
     Davis (CA)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Engel
     Escobar
     Eshoo
     Espaillat
     Evans
     Finkenauer
     Fitzpatrick
     Fletcher
     Foster
     Frankel
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al (TX)
     Grijalva
     Haaland
     Harder (CA)
     Hastings
     Hayes
     Heck
     Higgins (NY)
     Himes
     Horn, Kendra S.
     Horsford
     Houlahan
     Hoyer
     Huffman
     Jackson Lee
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Kaptur
     Katko
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kildee
     Kilmer
     Kim
     Kind
     Kirkpatrick
     Krishnamoorthi
     Kuster (NH)
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Levin (CA)
     Levin (MI)
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Mfume
     Moore
     Morelle
     Moulton
     Mucarsel-Powell
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Neguse
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Peters
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Richmond
     Rose (NY)
     Rouda
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrier
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shalala
     Sherman
     Sherrill
     Sires
     Slotkin
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stanton
     Stevens
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres Small (NM)
     Trahan
     Underwood
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Wilson (FL)
     Yarmuth

                               NAYS--189

     Aderholt
     Allen
     Amash
     Amodei
     Armstrong
     Arrington
     Babin
     Bacon
     Baird
     Balderson
     Banks
     Barr
     Bergman
     Biggs
     Bilirakis
     Bishop (NC)
     Bishop (UT)
     Bost
     Brady
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Byrne
     Calvert
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Cline
     Cloud
     Cole
     Collins (GA)
     Comer
     Conaway
     Cook
     Crawford
     Crenshaw
     Curtis
     Davidson (OH)
     Davis, Rodney
     DesJarlais
     Diaz-Balart
     Duncan
     Dunn
     Estes
     Ferguson
     Fleischmann
     Flores
     Fortenberry
     Foxx (NC)
     Fulcher
     Gaetz
     Garcia (CA)
     Gianforte
     Gibbs
     Gohmert
     Golden
     Gonzalez (OH)
     Gooden
     Gosar
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Green (TN)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harris
     Hartzler
     Hern, Kevin
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill (AR)
     Holding
     Hollingsworth
     Hudson
     Huizenga
     Hurd (TX)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Keller
     Kelly (MS)
     Kelly (PA)
     King (NY)
     Kinzinger
     Kustoff (TN)
     LaHood
     LaMalfa
     Lamborn
     Latta
     Lesko
     Long
     Lucas
     Luetkemeyer
     Massie
     Mast
     McAdams
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     Meuser
     Miller
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Murphy (NC)
     Newhouse
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Pence
     Perry
     Peterson
     Posey
     Reschenthaler
     Rice (SC)
     Riggleman
     Rodgers (WA)
     Roe, David P.
     Rogers (AL)
     Rogers (KY)
     Rose, John W.
     Rouzer
     Roy
     Rutherford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Shimkus
     Simpson
     Smith (MO)
     Smith (NE)
     Smith (NJ)
     Smucker
     Spano
     Stauber
     Stefanik
     Steil
     Steube
     Stewart
     Stivers
     Taylor
     Thompson (PA)
     Thornberry
     Tiffany
     Timmons
     Tipton
     Trone
     Turner
     Upton
     Van Drew
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Waltz
     Watkins
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Wright
     Yoho
     Young
     Zeldin

                             NOT VOTING--12

     Abraham
     Emmer
     Gallagher
     King (IA)
     Loudermilk
     Marchant
     Marshall
     Reed
     Roby
     Rooney (FL)
     Schrader
     Weber (TX)

                              {time}  1835

  Mr. MFUME changed his vote from ``nay'' to ``yea.''
  So the en bloc amendments were agreed to.
  The result of the vote was announced as above recorded.


   members recorded pursuant to house resolution 965, 116th congress

     Cardenas (Gomez)
     Cleaver (Clay)
     DeSaulnier (Matsui)
     Frankel (Clark (MA))
     Hastings (Wasserman Schultz)
     Johnson (TX) (Jeffries)
     Khanna (Gomez)
     Kirkpatrick (Gallego)
     Kuster (NH) (Brownley (CA))
     Langevin (Lynch)
     Lawson (FL) (Evans)
     Lee (CA) (Huffman)
     Lewis (Kildee)
     Lieu, Ted (Beyer)
     Lofgren (Boyle, Brendan F.)
     Lowenthal (Beyer)
     Lowey (Tonko)
     Meng (Tonko)
     Moore (Beyer)
     Nadler (Jeffries)
     Napolitano (Correa)
     Payne (Wasserman Schultz)
     Pingree (Cicilline)
     Price (NC)
     (Butterfield) Rush (Underwood)
     Sanchez (Roybal-Allard)
     Serrano (Jeffries)
     Vargas (Levin (CA))
     Watson Coleman (Pallone)
     Welch (McGovern)
     Wilson (FL) (Hayes)


     Amendments En Bloc No. 3 Offered by Mr. Pallone of New Jersey

  The SPEAKER pro tempore (Ms. Shalala). Pursuant to clause 8 of rule 
XX, the unfinished business is the vote on the adoption of amendments 
en bloc No. 3, printed in part D of House Report 116-438, offered by 
the gentleman from New Jersey (Mr. Pallone) on which the yeas and nays 
were ordered.
  The Clerk will redesignate the amendments en bloc.
  The Clerk redesignated the amendments en bloc.
  The SPEAKER pro tempore. The question is on the amendments en bloc.
  The vote was taken by electronic device, and there were--yeas 234, 
nays 178, not voting 18, as follows:

                             [Roll No. 133]

                               YEAS--234

     Adams
     Aguilar
     Allred
     Axne
     Barragan
     Bass
     Beatty
     Bera
     Beyer
     Bishop (GA)
     Blumenauer
     Blunt Rochester
     Bonamici
     Boyle, Brendan F.
     Brindisi
     Brown (MD)
     Brownley (CA)
     Bustos
     Butterfield
     Carbajal
     Cardenas
     Carson (IN)
     Cartwright
     Case
     Casten (IL)
     Castor (FL)
     Castro (TX)
     Chu, Judy
     Cicilline
     Cisneros
     Clark (MA)
     Clarke (NY)
     Clay
     Cleaver
     Clyburn
     Cohen
     Connolly
     Cooper
     Correa
     Costa
     Courtney
     Cox (CA)
     Craig
     Crist
     Crow
     Cuellar
     Cunningham
     Davids (KS)
     Davis (CA)
     Davis, Danny K.
     Dean
     DeFazio
     DeGette
     DeLauro
     DelBene
     Delgado
     Demings
     DeSaulnier
     Deutch
     Dingell
     Doggett
     Doyle, Michael F.
     Engel
     Escobar
     Eshoo
     Espaillat
     Evans
     Finkenauer
     Fitzpatrick
     Fletcher
     Foster
     Frankel
     Fudge
     Gabbard
     Gallego
     Garamendi
     Garcia (IL)
     Garcia (TX)
     Golden
     Gomez
     Gonzalez (TX)
     Gottheimer
     Green, Al (TX)
     Grijalva
     Haaland
     Harder (CA)
     Hastings
     Hayes
     Heck
     Higgins (NY)
     Himes
     Horn, Kendra S.
     Horsford
     Houlahan
     Hoyer
     Huffman
     Jackson Lee
     Jayapal
     Jeffries
     Johnson (GA)
     Johnson (TX)
     Kaptur
     Keating
     Kelly (IL)
     Kennedy
     Khanna
     Kildee
     Kilmer
     Kim
     Kind
     Kirkpatrick
     Krishnamoorthi
     Kuster (NH)
     Lamb
     Langevin
     Larsen (WA)
     Larson (CT)
     Lawrence
     Lawson (FL)
     Lee (CA)
     Lee (NV)
     Levin (CA)
     Levin (MI)
     Lewis
     Lieu, Ted
     Lipinski
     Loebsack
     Lofgren
     Lowenthal
     Lowey
     Lujan
     Luria
     Lynch
     Malinowski
     Maloney, Carolyn B.
     Maloney, Sean
     Matsui
     McAdams
     McBath
     McCollum
     McEachin
     McGovern
     McNerney
     Meeks
     Meng
     Mfume
     Moore
     Morelle
     Moulton
     Mucarsel-Powell
     Murphy (FL)
     Nadler
     Napolitano
     Neal
     Neguse
     Norcross
     O'Halleran
     Ocasio-Cortez
     Omar
     Pallone
     Panetta
     Pappas
     Pascrell
     Payne
     Perlmutter
     Peters
     Peterson
     Phillips
     Pingree
     Pocan
     Porter
     Pressley
     Price (NC)
     Quigley
     Raskin
     Rice (NY)
     Richmond
     Rose (NY)
     Rouda
     Roybal-Allard
     Ruiz
     Ruppersberger
     Rush
     Ryan
     Sanchez
     Sarbanes
     Scanlon
     Schakowsky
     Schiff
     Schneider
     Schrier
     Scott (VA)
     Scott, David
     Serrano
     Sewell (AL)
     Shalala
     Sherman
     Sherrill
     Sires
     Slotkin
     Smith (NJ)
     Smith (WA)
     Soto
     Spanberger
     Speier
     Stanton
     Stevens
     Suozzi
     Swalwell (CA)
     Takano
     Thompson (CA)
     Thompson (MS)
     Titus
     Tlaib
     Tonko
     Torres (CA)
     Torres Small (NM)
     Trahan
     Trone
     Underwood
     Van Drew
     Vargas
     Veasey
     Vela
     Velazquez
     Visclosky
     Wasserman Schultz
     Waters
     Watson Coleman
     Welch
     Wexton
     Wild
     Wilson (FL)
     Yarmuth

[[Page H2978]]


  


                               NAYS--178

     Aderholt
     Allen
     Amash
     Amodei
     Armstrong
     Arrington
     Babin
     Bacon
     Baird
     Balderson
     Barr
     Biggs
     Bilirakis
     Bishop (NC)
     Bishop (UT)
     Bost
     Brady
     Brooks (AL)
     Brooks (IN)
     Buchanan
     Buck
     Bucshon
     Budd
     Burchett
     Burgess
     Byrne
     Carter (GA)
     Carter (TX)
     Chabot
     Cheney
     Cline
     Cloud
     Cole
     Collins (GA)
     Comer
     Conaway
     Cook
     Crawford
     Crenshaw
     Curtis
     Davidson (OH)
     Davis, Rodney
     DesJarlais
     Diaz-Balart
     Duncan
     Dunn
     Estes
     Ferguson
     Fleischmann
     Flores
     Fortenberry
     Foxx (NC)
     Fulcher
     Gaetz
     Garcia (CA)
     Gianforte
     Gibbs
     Gohmert
     Gonzalez (OH)
     Gooden
     Gosar
     Granger
     Graves (GA)
     Graves (LA)
     Graves (MO)
     Green (TN)
     Griffith
     Grothman
     Guest
     Guthrie
     Hagedorn
     Harris
     Hartzler
     Hern, Kevin
     Herrera Beutler
     Hice (GA)
     Higgins (LA)
     Hill (AR)
     Holding
     Hollingsworth
     Hudson
     Huizenga
     Hurd (TX)
     Johnson (LA)
     Johnson (OH)
     Johnson (SD)
     Jordan
     Joyce (OH)
     Joyce (PA)
     Katko
     Keller
     Kelly (MS)
     Kelly (PA)
     King (NY)
     Kinzinger
     Kustoff (TN)
     LaMalfa
     Lamborn
     Latta
     Lesko
     Long
     Lucas
     Luetkemeyer
     Massie
     Mast
     McCarthy
     McCaul
     McClintock
     McHenry
     McKinley
     Meuser
     Miller
     Mitchell
     Moolenaar
     Mooney (WV)
     Mullin
     Murphy (NC)
     Newhouse
     Norman
     Nunes
     Olson
     Palazzo
     Palmer
     Pence
     Perry
     Posey
     Reschenthaler
     Rice (SC)
     Riggleman
     Roe, David P.
     Rogers (AL)
     Rogers (KY)
     Rose, John W.
     Rouzer
     Roy
     Rutherford
     Scalise
     Schweikert
     Scott, Austin
     Sensenbrenner
     Shimkus
     Simpson
     Smith (MO)
     Smith (NE)
     Smucker
     Spano
     Stauber
     Stefanik
     Steil
     Steube
     Stewart
     Stivers
     Taylor
     Thompson (PA)
     Thornberry
     Tiffany
     Timmons
     Tipton
     Turner
     Upton
     Wagner
     Walberg
     Walden
     Walker
     Walorski
     Waltz
     Watkins
     Webster (FL)
     Wenstrup
     Westerman
     Williams
     Wilson (SC)
     Wittman
     Womack
     Woodall
     Wright
     Young
     Zeldin

                             NOT VOTING--18

     Abraham
     Banks
     Bergman
     Calvert
     Emmer
     Gallagher
     King (IA)
     LaHood
     Loudermilk
     Marchant
     Marshall
     Reed
     Roby
     Rodgers (WA)
     Rooney (FL)
     Schrader
     Weber (TX)
     Yoho

                              {time}  1905

  So the en bloc amendments were agreed to.
  The result of the vote was announced as above recorded.


                          PERSONAL EXPLANATION

  Mr. EMMER. Madam Speaker, on June 30th, I was unable to be present in 
the House Chamber to cast my vote on pieces of legislation. If present, 
I would have voted NAY on the Previous Question (RC No. 130), NAY on H. 
Res. 1028 (RC No. 131), NAY on the DeFazio amendments En Bloc No. 1 (RC 
No. 132), and NAY on Pallone En Bloc No. 3 (RC No. 133).


                          personal explanation

  Mr. KING of Iowa. Madam Speaker, I was unable to vote on June 30, 
2020, due to not being in D.C. Had I been present, I would have voted 
as follows: NO on Roll Call No. 130; NO on Rll Call No. 131; NO on Roll 
Call No. 132; and NO on Roll Call No. 133.
     Cardenas (Gomez)
     Cleaver (Clay)
     DeSaulnier (Matsui)
     Frankel (Clark (MA))
     Hastings (Wasserman Schultz)
     Johnson (TX) (Jeffries)
     Khanna (Gomez)
     Kirkpatrick (Gallego)
     Kuster (NH) (Brownley (CA))
     Langevin (Lynch)
     Lawson (FL) (Evans)
     Lee (CA) (Huffman)
     Lewis (Kildee)
     Lieu, Ted (Beyer)
     Lofgren (Boyle, Brendan F.)
     Lowenthal (Beyer)
     Lowey (Tonko)
     Meng (Tonko)
     Moore (Beyer)
     Nadler (Jeffries)
     Napolitano (Correa)
     Payne (Wasserman Schultz)
     Pingree (Cicilline)
     Price (NC) (Butterfield)
     Rush (Underwood)
     Sanchez (Roybal-Allard)
     Serrano (Jeffries)
     Vargas (Levin (CA))
     Watson Coleman (Pallone)
     Welch (McGovern)
     Wilson (FL) (Hayes)
  The SPEAKER pro tempore. Without objection, the motions to reconsider 
the votes on en bloc amendments Nos. 1, 2, and 3 to H.R. 2 are laid on 
the table.
  There was no objection.
  The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further 
consideration of H.R. 2 is postponed.

                          ____________________