Division G — Energy and Commerce

H.R. 2 · 116th Congress · Jul 20, 2020 · Lineage

G Energy and Commerce

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.

A Digital Equity

Sec. 31100 Definitions

In this subtitle:

(1)

Adoption of broadband service— The term adoption of broadband service means the process by which an individual obtains daily access to broadband service—

(A)

with a download speed of at least 25 megabits per second, an upload speed of at least 3 megabits per second, and a latency that is sufficiently low to allow real-time, interactive applications;

(B)

with the digital skills that are necessary for the individual to participate online; and

(C)

on a—

(i)

personal device; and

(ii)

secure and convenient network.

(2)

Anchor institution— The term anchor institution means a public or private school, a library, a medical or healthcare provider, a museum, a public safety entity, a public housing agency, a community college, an institution of higher education, a religious organization, or any other community support organization or agency.

(3)

Assistant Secretary— Except in section 31101, the term Assistant Secretary means the Assistant Secretary, acting through the Office.

(4)

Broadband service— The term broadband service has the meaning given the term broadband internet access service in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.

(5)

Covered programs— The term covered programs means the State Digital Equity Capacity Grant Program established under section 31121 and the Digital Equity Competitive Grant Program established under section 31122.

(6)

Digital equity— The term digital equity means the condition in which individuals and communities have the information technology capacity that is needed for full participation in the society and economy of the United States.

(7)

Digital inclusion activities— The term digital inclusion activities—

(A)

means the activities that are necessary to ensure that all individuals in the United States have access to, and the use of, affordable information and communication technologies, such as—

(i)

reliable broadband service;

(ii)

internet-enabled devices that meet the needs of the user; and

(iii)

applications and online content designed to enable and encourage self-sufficiency, participation, and collaboration; and

(B)

includes—

(i)

the provision of digital literacy training;

(ii)

the provision of quality technical support; and

(iii)

promoting basic awareness of measures to ensure online privacy and cybersecurity.

(8)

Eligible State— The term eligible State means—

(A)

with respect to planning grants made available under section 31121(c)(3), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 31121(c)(3)(C); and

(B)

with respect to capacity grants awarded under section 31121(d), a State with respect to which the Assistant Secretary has approved an application submitted to the Assistant Secretary under section 31121(d)(2), including approval of the State Digital Equity Plan developed by the State under section 31121(c).

(9)

Federal broadband service support program— The term Federal broadband service support program does not include any Universal Service Fund program and means any of the following programs (or any other similar Federal program) to the extent the program offers broadband service or programs for promoting access to broadband service and adoption of broadband service for various demographic communities through various media for residential, commercial, or community providers or anchor institutions:

(A)

The Telecommunications and Technology Program of the Appalachian Regional Commission.

(B)

The Telecommunications Infrastructure Loans and Loan Guarantees, the Rural Broadband Access Loans and Loan Guarantees, the Substantially Underserved Trust Areas Provisions, the Community Connect Grant Program, and the Distance Learning and Telemedicine Grant Program of the Rural Utilities Service of the Department of Agriculture.

(C)

The Public Works and Economic Adjustment Assistance Programs and the Planning and Local Technical Assistance Programs of the Economic Development Administration of the Department of Commerce.

(D)

The Community Development Block Grants and Section 108 Loan Guarantees, the Funds for Public Housing Authorities: Capital Fund and Operating Fund, the Multifamily Housing, the Indian Community Development Block Grant Program, the Indian Housing Block Grant Program, the Title VI Loan Guarantee Program, Choice Neighborhoods, the HOME Investment Partnerships Program, the Housing Trust Fund, and the Housing Opportunities for Persons with AIDS of the Department of Housing and Urban Development.

(E)

The American Job Centers of the Employment and Training Administration of the Department of Labor.

(F)

The Library Services and Technology Grant Programs of the Institute of Museum and Library Services.

(G)

The State Digital Equity Capacity Grant Program established under section 31121.

(H)

The Digital Equity Competitive Grant Program established under section 31122.

(I)

The program established under section 723 of the Communications Act of 1934 (relating to expansion of access to broadband service for unserved areas, areas with low-tier service, areas with mid-tier service, and unserved anchor institutions), as added by section 31301.

(J)

The broadband infrastructure finance and innovation program established under chapter 2 of subtitle C.

(10)

Gender identity— The term gender identity has the meaning given the term in section 249(c) of title 18, United States Code.

(11)

Local educational agency— The term local educational agency has the meaning given the term in section 8101(30) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(30)).

(12)

Medicaid enrollee— The term Medicaid enrollee means, with respect to a State, an individual enrolled in the State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or a waiver of that plan.

(13)

National Lifeline Eligibility Verifier— The term National Lifeline Eligibility Verifier has the meaning given such term in section 54.400 of title 47, Code of Federal Regulations (or any successor regulation).

(14)

Native Hawaiian organization— The term “Native Hawaiian organization” means any organization—

(A)

that serves the interests of Native Hawaiians;

(B)

in which Native Hawaiians serve in substantive and policymaking positions;

(C)

that has as a primary and stated purpose the provision of services to Native Hawaiians; and

(D)

that is recognized for having expertise in Native Hawaiian affairs, digital connectivity, or access to broadband service.

(15)

Office— The term Office means the Office of Internet Connectivity and Growth established pursuant to section 31101.

(16)

Public housing agency— The term public housing agency has the meaning given the term in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

(17)

SNAP participant— The term SNAP participant means an individual who is a member of a household that participates in the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).

(18)

Socially and economically disadvantaged small business concern— The term socially and economically disadvantaged small business concern has the meaning given the term in section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)).

(19)

Tribally designated entity— The term “tribally designated entity” means an entity designated by an Indian Tribe to carry out activities under this subtitle.

(20)

Universal Service Fund program— The term Universal Service Fund program means any program authorized under section 254 of the Communications Act of 1934 (47 U.S.C. 254), to the extent such program provides support for broadband service deployment.

(21)

Universal service mechanism— The term universal service mechanism means any funding stream provided by a Universal Service Fund program to support broadband service deployment.

(22)

Workforce development program— The term workforce development program has the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

1 Office of Internet Connectivity and Growth

Sec. 31101 Establishment of the Office of Internet Connectivity and Growth

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

Sec. 31102 Duties

(a)

Outreach— The Office shall—

(1)

connect with communities that need access to broadband service and improved digital inclusion activities through various forms of outreach and communication techniques;

(2)

hold regional workshops across the country to share best practices and effective strategies for promoting access to broadband service and adoption of broadband service;

(3)

develop targeted broadband service training and presentations for various demographic communities through various media; and

(4)

develop and distribute publications (including toolkits, primers, manuals, and white papers) providing guidance, strategies, and insights to communities as the communities develop strategies to expand access to broadband service and adoption of broadband service.

(b)

Tracking of federal dollars—

(1)

Broadband service infrastructure— The Office shall track the construction and use of and access to any broadband service infrastructure built using any Federal support in a central database.

(2)

Accounting mechanism— The Office shall develop a streamlined accounting mechanism by which any Federal agency offering a Federal broadband service support program, and the Commission with respect to the Universal Service Fund programs, shall provide the information described in paragraph (1) in a standardized and efficient fashion.

(3)

Report— Not later than 1 year after the date of the enactment of this Act, and every year thereafter, the Office shall make public on the website of the Office and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the following:

(A)

A description of the work of the Office for the previous year and the number of residents of the United States that received broadband service as result of Federal broadband service support programs and the Universal Service Fund programs.

(B)

A description of how many residents of the United States were provided broadband service by which universal service mechanism or which Federal broadband service support program.

(C)

An estimate of the economic impact of such broadband service deployment efforts on the local economy, including any effect on small businesses or jobs.

(D)

A description of any non-economic benefits of such broadband service deployment efforts, including any effect on civic engagement.

(E)

The extent to which residents of the United States that received broadband service as a result of Federal broadband service support programs and the Universal Service Fund programs received such service at the download and upload speeds required by such programs.

(c)

Study and report on affordability of adoption of broadband service—

(1)

Study— The Office, in consultation with the Commission, the Department of Agriculture, the Department of the Treasury, and such other Federal agencies as the Office considers appropriate, shall, not later than 1 year after the date of the enactment of this Act, and biennially thereafter, conduct a study that examines the following:

(A)

The number of households for which cost is a barrier to the adoption of broadband service, the financial circumstances of such households, and whether such households are eligible for the broadband benefit under section 31141.

(B)

The extent to which the cost of adoption of broadband service is a financial burden to households that have adopted broadband service, the financial circumstances of such financially burdened households, and whether such households are receiving the broadband benefit under section 31141.

(C)

The appropriate standard to determine whether adoption of broadband service is affordable for households, given the financial circumstances of such households.

(D)

The feasibility of providing additional Federal subsidies, including expanding the eligibility for or increasing the amount of the broadband benefit under section 31141, to households to cover the difference between the cost of adoption of broadband service (determined before applying such additional Federal subsidies) and the price at which adoption of broadband service would be affordable.

(E)

How a program to provide additional Federal subsidies as described in subparagraph (D) should be administered to most effectively facilitate adoption of broadband service at the lowest overall expense to the Federal Government, including measures that would ensure that the availability of the subsidies does not result in providers raising the price of broadband service for households receiving subsidies.

(F)

How participation in the Lifeline program of the Commission has changed in the 5 years prior to the date of the enactment of this Act, including—

(i)

geographic information at the census-block level depicting the scale of change in participation in each area; and

(ii)

information on changes in participation by specific types of Lifeline-supported services, including fixed voice telephony service, mobile voice telephony service, fixed broadband service, and mobile broadband service and, in the case of any Lifeline-supported services provided as part of a bundle of services to which a Lifeline discount is applied, which Lifeline-supported services are part of such bundle and whether or not each Lifeline-supported service in such bundle meets Lifeline minimum service standards.

(G)

How competition impacts the price of broadband service, including the impact of monopolistic business practices by broadband service providers.

(2)

Report— Not later than 1 year after the date of the enactment of this Act, and biennially thereafter, the Office shall submit to Congress a report on the results of the study conducted under paragraph (1).

(3)

Cost defined— In this subsection, the term “cost” means, with respect to adoption of broadband service, the cost of adoption of broadband service to a household after applying any subsidies that reduce such cost.

Sec. 31103 Streamlined applications for support

(a)

Federal agency consultation— The Office shall consult with any Federal agency offering a Federal broadband service support program to streamline and standardize the application process for financial assistance for such program.

(b)

Federal agency streamlining— Any Federal agency offering a Federal broadband service support program shall amend the applications of such agency for broadband service support, to the extent practicable and as necessary, to streamline and standardize applications for Federal broadband service support programs across the Government.

(c)

Single application— To the greatest extent practicable, the Office shall seek to create one application that may be submitted to apply for all, or substantially all, Federal broadband service support programs.

(d)

Website required— Not later than 180 days after the date of the enactment of this Act, the Office shall create a central website through which potential applicants can learn about and apply for support through any Federal broadband service support program.

Sec. 31104 Coordination of support

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

Sec. 31105 Rule of construction

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

Sec. 31106 Funding

(a)

Appropriation— There are appropriated to the Assistant Secretary, out of any money in the Treasury not otherwise appropriated, $26,000,000 to carry out this chapter for fiscal year 2021, to remain available until expended.

(b)

Authorization of appropriations— There are authorized to be appropriated to the Assistant Secretary $26,000,000 to carry out this chapter for fiscal year 2022 and each fiscal year thereafter, to remain available until expended.

Sec. 31107 Study and recommendations to connect socially disadvantaged individuals

(a)

In general— Not later than 12 months after the date of the enactment of this act, the Office of Internet Connectivity and Growth, in consultation with the Commission and the Rural Utility Service of the Department of Agriculture, shall, after public notice and an opportunity for comment, conduct a study to assess the extent to which Federal funds for broadband internet access services, including the Universal Service Fund programs and other Federal broadband service support programs, have expanded access to and adoption of broadband internet access service by socially disadvantaged individuals as compared to individuals who are not socially disadvantaged individuals.

(b)

Report and publication—

(1)

Submission— Not later than 18 months after the date of the enactment of this Act, the Office of Internet Connectivity and Growth shall submit a report on the results of the study under subsection (a) to—

(A)

the Committee on Energy & Commerce in the House of Representatives;

(B)

the Committee on Commerce, Science and Transportation of the Senate; and

(C)

each agency administering a program evaluated by such report.

(2)

Public publication— Contemporaneously with submitting the report required by paragraph (1), the Office of Internet Connectivity and Growth shall publish such report on the public facing website of—

(A)

the National Telecommunications and Information Administration;

(B)

the Commission; and

(C)

the Rural Utility Service of the Department of Agriculture.

(3)

Recommendations— The report required by paragraph (1) shall include recommendations with regard who to how Federal funds for the Universal Service Fund programs and Federal broadband service support programs may be dispersed in an a manner that better expands access to and adoption of broadband internet access service by socially disadvantaged individuals as compared to individuals who are not socially disadvantaged individuals.

(c)

Socially disadvantaged individual— In this section, the term “socially disadvantaged individual” has the meaning given that term in section 8 of the Small Business Act (15 U.S.C. 637).

2 Digital Equity Programs

Sec. 31121 State Digital Equity Capacity Grant Program

(a)

Establishment; purpose—

(1)

In general— The Assistant Secretary shall establish in the Office the State Digital Equity Capacity Grant Program (referred to in this section as the “Program”)—

(A)

the purpose of which is to promote the achievement of digital equity, support digital inclusion activities, and build capacity for efforts by States relating to the adoption of broadband service by residents of those States;

(B)

through which the Assistant Secretary shall make grants to States in accordance with the requirements of this section; and

(C)

which shall ensure that States have the capacity to promote the achievement of digital equity and support digital inclusion activities.

(2)

Consultation with other Federal agencies; no conflict— In establishing the Program under paragraph (1), the Assistant Secretary shall—

(A)

consult with—

(i)

the Secretary of Agriculture;

(ii)

the Secretary of Housing and Urban Development;

(iii)

the Secretary of Education;

(iv)

the Secretary of Labor;

(v)

the Secretary of Health and Human Services;

(vi)

the Secretary of Veterans Affairs;

(vii)

the Secretary of the Interior;

(viii)

the Assistant Secretary for Indian Affairs of the Department of the Interior;

(ix)

the Commission;

(x)

the Federal Trade Commission;

(xi)

the Director of the Institute of Museum and Library Services;

(xii)

the Administrator of the Small Business Administration;

(xiii)

the Federal Cochairman of the Appalachian Regional Commission; and

(xiv)

the head of any other Federal agency that the Assistant Secretary determines to be appropriate; and

(B)

ensure that the Program complements and enhances, and does not conflict with, other Federal broadband service support programs and Universal Service Fund programs.

(3)

Tribal and Native Hawaiian consultation and engagement— In establishing the Program under paragraph (1), the Assistant Secretary shall conduct robust, interactive, pre-decisional, transparent consultation with Indian Tribes and Native Hawaiian organizations.

(b)

Administering entity—

(1)

Selection; function— The governor (or equivalent official) of a State that wishes to be awarded a grant under this section shall, from among entities that are eligible under paragraph (2), select an administering entity for that State, which shall—

(A)

serve as the recipient of, and administering agent for, any grant awarded to the State under this section;

(B)

develop, implement, and oversee the State Digital Equity Plan for the State described in subsection (c);

(C)

make subgrants to any of the entities described in clauses (i) through (xi) of subsection (c)(1)(D) that is located in the State in support of—

(i)

the State Digital Equity Plan for the State; and

(ii)

digital inclusion activities in the State generally; and

(D)

serve as—

(i)

an advocate for digital equity policies and digital inclusion activities; and

(ii)

a repository of best practice materials regarding the policies and activities described in clause (i).

(2)

Eligible entities— Any of the following entities may serve as the administering entity for a State for the purposes of this section if the entity has demonstrated a capacity to administer the Program on a statewide level:

(A)

The State.

(B)

A political subdivision, agency, or instrumentality of the State.

(C)

An Indian Tribe located in the State, a tribally designated entity located in the State, or a Native Hawaiian organization located in the State.

(c)

State Digital Equity Plan—

(1)

Development; contents— A State that wishes to be awarded a grant under subsection (d) shall develop a State Digital Equity Plan for the State, which shall include—

(A)

an identification of the barriers to digital equity faced by covered populations in the State;

(B)

measurable objectives for documenting and promoting, among each group described in subparagraphs (A) through (H) of section 31001(6) located in that State—

(i)

the availability of, and affordability of access to, broadband service and technology needed for the use of broadband service;

(ii)

public awareness of such availability and affordability and of subsidies available to increase such affordability (including subsidies available through the Lifeline program of the Commission), including objectives to—

(I)

inform Medicaid enrollees and SNAP participants, and organizations that serve Medicaid enrollees and SNAP participants, of potential eligibility for the Lifeline program; and

(II)

provide Medicaid enrollees and SNAP participants with information about the Lifeline program, including—

(aa)

how to apply for the Lifeline program; and

(bb)

a description of the prohibition on more than one subscriber in each household receiving a service provided under the Lifeline program;

(iii)

the online accessibility and inclusivity of public resources and services;

(iv)

digital literacy;

(v)

awareness of, and the use of, measures to secure the online privacy of, and cybersecurity with respect to, an individual; and

(vi)

the availability and affordability of consumer devices and technical support for those devices;

(C)

an assessment of how the objectives described in subparagraph (B) will impact and interact with the State’s—

(i)

economic and workforce development goals, plans, and outcomes;

(ii)

educational outcomes;

(iii)

health outcomes;

(iv)

civic and social engagement; and

(v)

delivery of other essential services;

(D)

in order to achieve the objectives described in subparagraph (B), a description of how the State plans to collaborate with key stakeholders in the State, which may include—

(i)

anchor institutions;

(ii)

county and municipal governments;

(iii)

local educational agencies;

(iv)

where applicable, Indian Tribes, tribally designated entities, or Native Hawaiian organizations;

(v)

nonprofit organizations;

(vi)

organizations that represent—

(I)

individuals with disabilities, including organizations that represent children with disabilities;

(II)

aging individuals;

(III)

individuals with a language barrier, including individuals who—

(aa)

are English learners; or

(bb)

have low levels of literacy;

(IV)

veterans;

(V)

individuals residing in rural areas; and

(VI)

incarcerated individuals in that State, other than individuals who are incarcerated in a Federal correctional facility (including a private facility operated under contract with the Federal Government);

(vii)

civil rights organizations;

(viii)

entities that carry out workforce development programs;

(ix)

agencies of the State that are responsible for administering or supervising adult education and literacy activities in the State;

(x)

public housing agencies whose jurisdictions are located in the State; and

(xi)

a consortium of any of the entities described in clauses (i) through (x); and

(E)

a list of organizations with which the administering entity for the State collaborated in developing and implementing the Plan.

(2)

Public availability—

(A)

In general— The administering entity for a State shall make the State Digital Equity Plan of the State available for public comment for a period of not less than 30 days before the date on which the State submits an application to the Assistant Secretary under subsection (d)(2).

(B)

Consideration of comments received— The administering entity for a State shall, with respect to an application submitted to the Assistant Secretary under subsection (d)(2)—

(i)

before submitting the application—

(I)

consider all comments received during the comment period described in subparagraph (A) with respect to the application (referred to in this subparagraph as the “comment period”); and

(II)

make any changes to the plan that the administering entity determines to be appropriate; and

(ii)

when submitting the application—

(I)

describe any changes pursued by the administering entity in response to comments received during the comment period; and

(II)

include a written response to each comment received during the comment period.

(3)

Planning grants—

(A)

In general— Beginning in the first fiscal year that begins after the date of the enactment of this Act, the Assistant Secretary shall, in accordance with the requirements of this paragraph, award planning grants to States for the purpose of developing the State Digital Equity Plans of those States under this subsection.

(B)

Eligibility— In order to be awarded a planning grant under this paragraph, a State—

(i)

shall submit to the Assistant Secretary an application under subparagraph (C); and

(ii)

may not have been awarded, at any time, a planning grant under this paragraph.

(C)

Application— A State that wishes to be awarded a planning grant under this paragraph shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials:

(i)

A description of the entity selected to serve as the administering entity for the State, as described in subsection (b).

(ii)

A certification from the State that, not later than 1 year after the date on which the Assistant Secretary awards the planning grant to the State, the administering entity for that State will submit to the Assistant Secretary a State Digital Equity Plan developed under this subsection, which will comply with the requirements of this subsection, including the requirements of paragraph (2).

(iii)

The assurances required under subsection (e).

(D)

Awards—

(i)

Amount of grant— The amount of a planning grant awarded to an eligible State under this paragraph shall be determined according to the formula under subsection (d)(3)(A)(i).

(ii)

Duration—

(I)

In general— Except as provided in subclause (II), with respect to a planning grant awarded to an eligible State under this paragraph, the State shall expend the grant funds during the 1-year period beginning on the date on which the State is awarded the grant funds.

(II)

Exception— The Assistant Secretary may grant an extension of not longer than 180 days with respect to the requirement under subclause (I).

(iii)

Challenge mechanism— The Assistant Secretary shall ensure that any eligible State to which a planning grant is awarded under this paragraph may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under clause (i).

(E)

Use of funds— An eligible State to which a planning grant is awarded under this paragraph shall, through the administering entity for that State, use the grant funds only for the following purposes:

(i)

To develop the State Digital Equity Plan of the State under this subsection.

(ii)

(I)

Subject to subclause (II), to make subgrants to any of the entities described in clauses (i) through (xi) of paragraph (1)(D) to assist in the development of the State Digital Equity Plan of the State under this subsection.

(II)

If the administering entity for a State makes a subgrant described in subclause (I), the administering entity shall, with respect to the subgrant, provide to the State the assurances required under subsection (e).

(d)

State capacity grants—

(1)

In general— Beginning not later than 2 years after the date on which the Assistant Secretary begins awarding planning grants under subsection (c)(3), the Assistant Secretary shall each year award grants to eligible States to support—

(A)

the implementation of the State Digital Equity Plans of those States; and

(B)

digital inclusion activities in those States.

(2)

Application— A State that wishes to be awarded a grant under this subsection shall, not later than 60 days after the date on which the notice of funding availability with respect to the grant is released, submit to the Assistant Secretary an application, in a format to be determined by the Assistant Secretary, that contains the following materials:

(A)

A description of the entity selected to serve as the administering entity for the State, as described in subsection (b).

(B)

The State Digital Equity Plan of that State, as described in subsection (c).

(C)

A certification that the State, acting through the administering entity for the State, shall—

(i)

implement the State Digital Equity Plan of the State; and

(ii)

make grants in a manner that is consistent with the aims of the Plan described in clause (i).

(D)

The assurances required under subsection (e).

(E)

In the case of a State to which the Assistant Secretary has previously awarded a grant under this subsection, any amendments to the State Digital Equity Plan of that State, as compared with the State Digital Equity Plan of the State previously submitted.

(3)

Awards—

(A)

Amount of grant—

(i)

Formula— Subject to clauses (ii), (iii), and (iv), the Assistant Secretary shall calculate the amount of a grant awarded to an eligible State under this subsection in accordance with the following criteria, using the best available data for all States for the fiscal year in which the grant is awarded:

(I)

50 percent of the total grant amount shall be based on the population of the eligible State in proportion to the total population of all eligible States.

(II)

25 percent of the total grant amount shall be based on the number of individuals in the eligible State who are members of covered populations in proportion to the total number of individuals in all eligible States who are members of covered populations.

(III)

25 percent of the total grant amount shall be based on the lack of availability of broadband service and lack of adoption of broadband service in the eligible State in proportion to the lack of availability of broadband service and lack of adoption of broadband service in all eligible States, which shall be determined according to data collected—

(aa)

from the annual inquiry of the Commission conducted under section 706(b) of the Telecommunications Act of 1996 (47 U.S.C. 1302(b));

(bb)

from the American Community Survey or, if necessary, other data collected by the Bureau of the Census;

(cc)

from the Internet and Computer Use Supplement to the Current Population Survey of the Bureau of the Census;

(dd)

by the Commission pursuant to the rules issued under section 802 of the Communications Act of 1934 (47 U.S.C. 642); and

(ee)

from any other source that the Assistant Secretary, after appropriate notice and opportunity for public comment, determines to be appropriate.

(ii)

Minimum award— The amount of a grant awarded to an eligible State under this subsection in a fiscal year shall be not less than 0.5 percent of the total amount made available to award grants to eligible States for that fiscal year.

(iii)

Additional amounts— If, after awarding planning grants to States under subsection (c)(3) and capacity grants to eligible States under this subsection in a fiscal year, there are amounts remaining to carry out this section, the Assistant Secretary shall distribute those amounts—

(I)

to eligible States to which the Assistant Secretary has awarded grants under this subsection for that fiscal year; and

(II)

in accordance with the formula described in clause (i).

(iv)

Data unavailable— If, in a fiscal year, the Commonwealth of Puerto Rico (referred to in this clause as “Puerto Rico”) is an eligible State and specific data for Puerto Rico is unavailable for a factor described in subclause (I), (II), or (III) of clause (i), the Assistant Secretary shall use the median data point with respect to that factor among all eligible States and assign it to Puerto Rico for the purposes of making any calculation under that clause for that fiscal year.

(B)

Duration— With respect to a grant awarded to an eligible State under this subsection, the eligible State shall expend the grant funds during the 5-year period beginning on the date on which the eligible State is awarded the grant funds.

(C)

Challenge mechanism— The Assistant Secretary shall ensure that any eligible State to which a grant is awarded under this subsection may appeal or otherwise challenge in a timely fashion the amount of the grant awarded to the State, as determined under subparagraph (A).

(D)

Use of funds— The administering entity for an eligible State to which a grant is awarded under this subsection shall use the grant amounts for the following purposes:

(i)

(I)

Subject to subclause (II), to update or maintain the State Digital Equity Plan of the State.

(II)

An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 20 percent of the amount of the grant for the purpose described in subclause (I).

(ii)

To implement the State Digital Equity Plan of the State.

(iii)

(I)

Subject to subclause (II), to award a grant to any entity that is described in section 31122(b) and is located in the eligible State in order to—

(aa)

assist in the implementation of the State Digital Equity Plan of the State;

(bb)

pursue digital inclusion activities in the State consistent with the State Digital Equity Plan of the State; and

(cc)

report to the State regarding the digital inclusion activities of the entity.

(II)

Before an administering entity for an eligible State may award a grant under subclause (I), the administering entity shall require the entity to which the grant is awarded to certify that—

(aa)

the entity shall carry out the activities required under items (aa), (bb), and (cc) of that subclause;

(bb)

the receipt of the grant shall not result in unjust enrichment of the entity; and

(cc)

the entity shall cooperate with any evaluation—

(AA)

of any program that relates to a grant awarded to the entity; and

(BB)

that is carried out by or for the administering entity, the Assistant Secretary, or another Federal official.

(iv)

(I)

Subject to subclause (II), to evaluate the efficacy of the efforts funded by grants made under clause (iii).

(II)

An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 5 percent of the amount of the grant for a purpose described in subclause (I).

(v)

(I)

Subject to subclause (II), for the administrative costs incurred in carrying out the activities described in clauses (i) through (iv).

(II)

An administering entity for an eligible State to which a grant is awarded under this subsection may use not more than 3 percent of the amount of the grant for the purpose described in subclause (I).

(e)

Assurances— When applying for a grant under this section, a State shall include in the application for that grant assurances that—

(1)

if any of the entities described in clauses (i) through (xi) of subsection (c)(1)(D) or section 31122(b) is awarded grant funds under this section (referred to in this subsection as a “covered recipient”), provide that—

(A)

the covered recipient shall use the grant funds in accordance with any applicable statute, regulation, or application procedure;

(B)

the administering entity for that State shall adopt and use proper methods of administering any grant that the covered recipient is awarded, including by—

(i)

enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out the program to which the grant relates;

(ii)

correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and

(iii)

adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates; and

(C)

the administering entity for that State shall cooperate in carrying out any evaluation—

(i)

of any program that relates to a grant awarded to the covered recipient; and

(ii)

that is carried out by or for the Assistant Secretary or another Federal official;

(2)

the administering entity for that State shall—

(A)

use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the State is awarded under this section;

(B)

submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section;

(C)

maintain any records and provide any information to the Assistant Secretary, including those records, that the Assistant Secretary determines is necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under this section; and

(D)

with respect to any significant proposed change or amendment to the State Digital Equity Plan for the State, make the change or amendment available for public comment in accordance with subsection (c)(2); and

(3)

the State, before submitting to the Assistant Secretary the State Digital Equity Plan of the State, has complied with the requirements of subsection (c)(2).

(f)

Termination of grant—

(1)

In general— In addition to other authority under applicable law, the Assistant Secretary shall terminate a grant awarded to an eligible State under this section if, after notice to the State and opportunity for a hearing, the Assistant Secretary determines, and presents to the State a rationale and supporting information that clearly demonstrates, that—

(A)

the grant funds are not contributing to the development or implementation of the State Digital Equity Plan of the State, as applicable;

(B)

the State is not upholding assurances made by the State to the Assistant Secretary under subsection (e); or

(C)

the grant is no longer necessary to achieve the original purpose for which the Assistant Secretary awarded the grant.

(2)

Redistribution— If the Assistant Secretary, in a fiscal year, terminates a grant under paragraph (1) or under other authority under applicable law, the Assistant Secretary shall redistribute the unspent grant amounts—

(A)

to eligible States to which the Assistant Secretary has awarded grants under subsection (d) for that fiscal year; and

(B)

in accordance with the formula described in subsection (d)(3)(A)(i).

(g)

Reporting and information requirements; Internet disclosure— The Assistant Secretary—

(1)

shall—

(A)

require any entity to which a grant, including a subgrant, is awarded under this section to publicly report, for each year during the period described in subsection (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the grant, and in a format specified by the Assistant Secretary, on—

(i)

the use of that grant by the entity;

(ii)

the progress of the entity towards fulfilling the objectives for which the grant was awarded; and

(iii)

the implementation of the State Digital Equity Plan of the State;

(B)

establish appropriate mechanisms to ensure that any entity to which a grant, including a subgrant, is awarded under this section—

(i)

uses the grant amounts in an appropriate manner; and

(ii)

complies with all terms with respect to the use of the grant amounts; and

(C)

create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum—

(i)

the application of each State that has applied for a grant under this section;

(ii)

the status of each application described in clause (i);

(iii)

each report submitted by an entity under subparagraph (A);

(iv)

a record of public comments received during the comment period described in subsection (c)(2)(A) regarding the State Digital Equity Plan of a State, as well as any written responses to or actions taken as a result of those comments; and

(v)

any other information that the Assistant Secretary considers appropriate to ensure that the public has sufficient information to understand and monitor grants awarded under this section; and

(2)

may establish additional reporting and information requirements for any recipient of a grant under this section.

(h)

Supplement not supplant— A grant or subgrant awarded under this section shall supplement, not supplant, other Federal or State funds that have been made available to carry out activities described in this section.

(i)

Set asides— From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve—

(1)

not more than 5 percent for the implementation and administration of the Program, which shall include—

(A)

providing technical support and assistance, including ensuring consistency in data reporting;

(B)

providing assistance to—

(i)

States, or administering entities for States, to prepare the applications of those States; and

(ii)

administering entities with respect to grants awarded under this section;

(C)

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

(D)

providing assistance specific to Indian Tribes, tribally designated entities, and Native Hawaiian organizations, including—

(i)

conducting annual outreach to Indian Tribes and Native Hawaiian organizations on the availability of technical assistance for applying for or otherwise participating in the Program;

(ii)

providing technical assistance at the request of any Indian Tribe, tribally designated entity, or Native Hawaiian organization that is applying for or participating in the Program in order to facilitate the fulfillment of any applicable requirements in subsections (c) and (d); and

(iii)

providing additional technical assistance at the request of any Indian Tribe, tribally designated entity, or Native Hawaiian organization that is applying for or participating in the Program to improve the development or implementation of a Digital Equity plan, such as—

(I)

assessing all Federal programs that are available to assist the Indian Tribe, tribally designated entity, or Native Hawaiian organization in meeting the goals of a Digital Equity plan;

(II)

identifying all applicable Federal, State, and Tribal statutory provisions, regulations, policies, and procedures that the Assistant Secretary determines are necessary to adhere to for the deployment of broadband service;

(III)

identifying obstacles to the deployment of broadband service under a Digital Equity plan, as well as potential solutions; or

(IV)

identifying activities that may be necessary to the success of a Digital Equity plan, including digital literacy training, technical support, privacy and cybersecurity expertise, and other end-user technology needs; and

(2)

not less than 5 percent to award grants directly to Indian Tribes, tribally designated entities, and Native Hawaiian organizations to allow those Tribes, entities, and organizations to carry out the activities described in this section.

(j)

Rules— The Assistant Secretary may prescribe such rules as may be necessary to carry out this section.

(k)

Appropriation— There are appropriated to the Assistant Secretary, out of any money in the Treasury not otherwise appropriated—

(1)

for the award of grants under subsection (c)(3), $60,000,000 for fiscal year 2021, to remain available until expended; and

(2)

for the award of grants under subsection (d)—

(A)

$125,000,000 for fiscal year 2021, to remain available until expended;

(B)

$125,000,000 for fiscal year 2022, to remain available until expended;

(C)

$125,000,000 for fiscal year 2023, to remain available until expended;

(D)

$125,000,000 for fiscal year 2024, to remain available until expended; and

(E)

$125,000,000 for fiscal year 2025, to remain available until expended.

Sec. 31122 Digital Equity Competitive Grant Program

(a)

Establishment—

(1)

In general— Not later than 30 days after the date on which the Assistant Secretary begins awarding grants under section 31121(d), and not before that date, the Assistant Secretary shall establish in the Office the Digital Equity Competitive Grant Program (referred to in this section as the “Program”), the purpose of which is to award grants to support efforts to achieve digital equity, promote digital inclusion activities, and spur greater adoption of broadband service among covered populations.

(2)

Consultation; no conflict— In establishing the Program under paragraph (1), the Assistant Secretary—

(A)

may consult a State with respect to—

(i)

the identification of groups described in subparagraphs (A) through (H) of section 31001(6) located in that State; and

(ii)

the allocation of grant funds within that State for projects in or affecting the State; and

(B)

shall—

(i)

consult with—

(I)

the Secretary of Agriculture;

(II)

the Secretary of Housing and Urban Development;

(III)

the Secretary of Education;

(IV)

the Secretary of Labor;

(V)

the Secretary of Health and Human Services;

(VI)

the Secretary of Veterans Affairs;

(VII)

the Secretary of the Interior;

(VIII)

the Assistant Secretary for Indian Affairs of the Department of the Interior;

(IX)

the Commission;

(X)

the Federal Trade Commission;

(XI)

the Director of the Institute of Museum and Library Services;

(XII)

the Administrator of the Small Business Administration;

(XIII)

the Federal Cochairman of the Appalachian Regional Commission; and

(XIV)

the head of any other Federal agency that the Assistant Secretary determines to be appropriate; and

(ii)

ensure that the Program complements and enhances, and does not conflict with, other Federal broadband service support programs and Universal Service Fund programs.

(b)

Eligibility— The Assistant Secretary may award a grant under the Program to any of the following entities if the entity is not serving, and has not served, as the administering entity for a State under section 31121(b):

(1)

A political subdivision, agency, or instrumentality of a State, including an agency of a State that is responsible for administering or supervising adult education and literacy activities in the State.

(2)

An Indian Tribe, a tribally designated entity, or a Native Hawaiian organization.

(3)

An entity that is—

(A)

a not-for-profit entity; and

(B)

not a school.

(4)

An anchor institution.

(5)

A local educational agency.

(6)

An entity that carries out a workforce development program.

(7)

A consortium of any of the entities described in paragraphs (1) through (6).

(8)

A consortium of—

(A)

an entity described in any of paragraphs (1) through (6); and

(B)

an entity that—

(i)

the Assistant Secretary, by rule, determines to be in the public interest; and

(ii)

is not a school.

(c)

Application— An entity that wishes to be awarded a grant under the Program shall submit to the Assistant Secretary an application—

(1)

at such time, in such form, and containing such information as the Assistant Secretary may require; and

(2)

that—

(A)

provides a detailed explanation of how the entity will use any grant amounts awarded under the Program to carry out the purposes of the Program in an efficient and expeditious manner;

(B)

identifies the period in which the applicant will expend the grant funds awarded under the Program;

(C)

includes—

(i)

a justification for the amount of the grant that the applicant is requesting; and

(ii)

for each fiscal year in which the applicant will expend the grant funds, a budget for the activities that the grant funds will support;

(D)

demonstrates to the satisfaction of the Assistant Secretary that the entity—

(i)

is capable of carrying out the project or function to which the application relates and the activities described in subsection (h)—

(I)

in a competent manner; and

(II)

in compliance with all applicable Federal, State, and local laws; and

(ii)

if the applicant is an entity described in subsection (b)(1), will appropriate or otherwise unconditionally obligate from non-Federal sources funds that are necessary to meet the requirements of subsection (e);

(E)

discloses to the Assistant Secretary the source and amount of other Federal, State, or outside funding sources from which the entity receives, or has applied for, funding for activities or projects to which the application relates; and

(F)

provides—

(i)

the assurances that are required under subsection (f); and

(ii)

an assurance that the entity shall follow such additional procedures as the Assistant Secretary may require to ensure that grant funds are used and accounted for in an appropriate manner.

(d)

Award of grants—

(1)

Factors considered in award of grants— In deciding whether to award a grant under the Program, the Assistant Secretary shall, to the extent practicable, consider—

(A)

whether—

(i)

an application will, if approved—

(I)

increase access to broadband service and the adoption of broadband service among covered populations to be served by the applicant; and

(II)

not result in unjust enrichment; and

(ii)

the applicant is, or plans to subcontract with, a socially and economically disadvantaged small business concern;

(B)

the comparative geographic diversity of the application in relation to other eligible applications; and

(C)

the extent to which an application may duplicate or conflict with another program.

(2)

Use of funds—

(A)

In general— In addition to the activities required under subparagraph (B), an entity to which the Assistant Secretary awards a grant under the Program shall use the grant amounts to support not less than one of the following activities:

(i)

To develop and implement digital inclusion activities that benefit covered populations.

(ii)

To facilitate the adoption of broadband service by covered populations, including by raising awareness of subsidies available to increase affordability of such service (including subsidies available through the Lifeline program of the Commission), in order to provide educational and employment opportunities to those populations.

(iii)

To implement, consistent with the purposes of this chapter—

(I)

training programs for covered populations that cover basic, advanced, and applied skills; or

(II)

other workforce development programs.

(iv)

To make available equipment, instrumentation, networking capability, hardware and software, or digital network technology for broadband service to covered populations at low or no cost.

(v)

To construct, upgrade, expend, or operate new or existing public access computing centers for covered populations through anchor institutions.

(vi)

To undertake any other project or activity that the Assistant Secretary finds to be consistent with the purposes for which the Program is established.

(B)

Evaluation—

(i)

In general— An entity to which the Assistant Secretary awards a grant under the Program shall use not more than 10 percent of the grant amounts to measure and evaluate the activities supported with the grant amounts.

(ii)

Submission to Assistant Secretary— An entity to which the Assistant Secretary awards a grant under the Program shall submit to the Assistant Secretary each measurement and evaluation performed under clause (i)—

(I)

in a manner specified by the Assistant Secretary;

(II)

not later than 15 months after the date on which the entity is awarded the grant amounts; and

(III)

annually after the submission described in subclause (II) for any year in which the entity expends grant amounts.

(C)

Administrative costs— An entity to which the Assistant Secretary awards a grant under the Program may use not more than 10 percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph (A).

(D)

Time limitations— With respect to a grant awarded to an entity under the Program, the entity—

(i)

except as provided in clause (ii), shall expend the grant amounts during the 4-year period beginning on the date on which the entity is awarded the grant amounts; and

(ii)

during the 1-year period beginning on the date that is 4 years after the date on which the entity is awarded the grant amounts, may continue to measure and evaluate the activities supported with the grant amounts, as required under subparagraph (B).

(E)

Contracting requirements— All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with a grant under the Program shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this subparagraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

(F)

Neutrality requirement— An employer to which the Assistant Secretary awards a grant under the Program shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the National Labor Relations Act (29 U.S.C. 151 et seq.).

(G)

Referral of alleged violations of applicable Federal labor and employment laws— The Assistant Secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate Federal agency for investigation and enforcement, any alleged violation of subparagraph (E) or (F) to the National Labor Relations Board for investigation and enforcement, utilizing all appropriate remedies up to and including debarment from the Program.

(e)

Federal share—

(1)

In general— Except as provided in paragraph (2), the Federal share of any project for which the Assistant Secretary awards a grant under the Program may not exceed 90 percent.

(2)

Exception— The Assistant Secretary may grant a waiver with respect to the limitation on the Federal share of a project described in paragraph (1) if—

(A)

the applicant with respect to the project petitions the Assistant Secretary for the waiver; and

(B)

the Assistant Secretary determines that the petition described in subparagraph (A) demonstrates financial need.

(f)

Assurances— When applying for a grant under this section, an entity shall include in the application for that grant assurances that the entity will—

(1)

use any grant funds that the entity is awarded in accordance with any applicable statute, regulation, or application procedure;

(2)

adopt and use proper methods of administering any grant that the entity is awarded, including by—

(A)

enforcing any obligation imposed under law on any agency, institution, organization, or other entity that is responsible for carrying out a program to which the grant relates;

(B)

correcting any deficiency in the operation of a program to which the grant relates, as identified through an audit or another monitoring or evaluation procedure; and

(C)

adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates;

(3)

cooperate with respect to any evaluation—

(A)

of any program that relates to a grant awarded to the entity; and

(B)

that is carried out by or for the Assistant Secretary or another Federal official;

(4)

use fiscal control and fund accounting procedures that ensure the proper disbursement of, and accounting for, any Federal funds that the entity is awarded under the Program;

(5)

submit to the Assistant Secretary any reports that may be necessary to enable the Assistant Secretary to perform the duties of the Assistant Secretary under the Program; and

(6)

(g)

Termination of grant— In addition to other authority under applicable law, the Assistant Secretary shall—

(1)

terminate a grant awarded to an entity under this section if, after notice to the entity and opportunity for a hearing, the Assistant Secretary determines, and presents to the entity a rationale and supporting information that clearly demonstrates, that—

(A)

the grant funds are not being used in a manner that is consistent with the application with respect to the grant submitted by the entity under subsection (c);

(B)

the entity is not upholding assurances made by the entity to the Assistant Secretary under subsection (f); or

(C)

the grant is no longer necessary to achieve the original purpose for which the Assistant Secretary awarded the grant; and

(2)

with respect to any grant funds that the Assistant Secretary terminates under paragraph (1) or under other authority under applicable law, competitively award the grant funds to another applicant (if such an applicant exists), consistent with the requirements of this section.

(h)

Reporting and information requirements; internet disclosure— The Assistant Secretary—

(1)

shall—

(A)

require any entity to which the Assistant Secretary awards a grant under the Program to, for each year during the period described in clause (i) of subsection (d)(2)(D) with respect to the grant and during the period described in clause (ii) of such subsection with respect to the grant if the entity continues to measure and evaluate the activities supported with the grant amounts during such period, submit to the Assistant Secretary a report, in a format specified by the Assistant Secretary, regarding—

(i)

the use by the entity of the grant amounts; and

(ii)

the progress of the entity towards fulfilling the objectives for which the grant was awarded;

(B)

establish mechanisms to ensure appropriate use of, and compliance with respect to all terms regarding, grant funds awarded under the Program;

(C)

create and maintain a fully searchable database, which shall be accessible on the internet at no cost to the public, that contains, at a minimum—

(i)

a list of each entity that has applied for a grant under the Program;

(ii)

a description of each application described in clause (i), including the proposed purpose of each grant described in that clause;

(iii)

the status of each application described in clause (i), including whether the Assistant Secretary has awarded a grant with respect to the application and, if so, the amount of the grant;

(iv)

each report submitted by an entity under subparagraph (A); and

(v)

any other information that the Assistant Secretary considers appropriate to ensure that the public has sufficient information to understand and monitor grants awarded under the Program; and

(D)

ensure that any entity with respect to which an award is terminated under subsection (g) may, in a timely manner, appeal or otherwise challenge that termination; and

(2)

may establish additional reporting and information requirements for any recipient of a grant under the Program.

(i)

Supplement not supplant— A grant awarded to an entity under the Program shall supplement, not supplant, other Federal or State funds that have been made available to the entity to carry out activities described in this section.

(j)

Set asides— From amounts made available in a fiscal year to carry out the Program, the Assistant Secretary shall reserve—

(1)

not more than 5 percent for the implementation and administration of the Program, which shall include—

(A)

providing technical support and assistance, including ensuring consistency in data reporting;

(B)

providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section;

(C)

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

(D)

conducting outreach to entities that may be eligible to be awarded a grant under the Program regarding opportunities to apply for such a grant; and

(2)

(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.

3 Broadband Service for Low-Income Consumers

Sec. 31141 Additional broadband benefit

(a)

Promulgation of regulations required— Not later than 180 days after the date of the enactment of this Act, the Commission shall promulgate regulations implementing this section.

(b)

Requirements— The regulations promulgated pursuant to subsection (a) shall establish the following:

(1)

Broadband benefit— A provider shall provide an eligible household with an internet service offering, upon request by a member of such household. Such provider shall discount the price charged to such household for such internet service offering in an amount equal to the broadband benefit for such household.

(2)

Verification of eligibility— To verify whether a household is an eligible household, a provider shall either—

(A)

use the National Lifeline Eligibility Verifier; or

(B)

rely upon an alternative verification process of the provider, if the Commission finds such process to be sufficient to avoid waste, fraud, and abuse.

(3)

Use of national lifeline eligibility verifier— The Commission shall—

(A)

expedite the ability of all providers to access the National Lifeline Eligibility Verifier for purposes of determining whether a household is an eligible household; and

(B)

ensure that the National Lifeline Eligibility Verifier approves an eligible household to receive the broadband benefit not later than ten days after the date of the submission of information necessary to determine if such household is an eligible household.

(4)

Reimbursement— From the Broadband Connectivity Fund established in subsection (g), the Commission shall reimburse a provider in an amount equal to the broadband benefit with respect to an eligible household that receives such benefit from such provider.

(5)

Reimbursement for connected device— A provider that, in addition to providing the broadband benefit to an eligible household, supplies such household with a connected device may be reimbursed up to $100 from the Broadband Connectivity Fund established in subsection (g) for such connected device, if the charge to such eligible household is more than $10 but less than $50 for such connected device, except that a provider may receive reimbursement for no more than one connected device per eligible household.

(6)

Certification required— To receive a reimbursement under paragraph (4) or (5), a provider shall certify to the Commission the following:

(A)

That the amount for which the provider is seeking reimbursement from the Broadband Connectivity Fund for an internet service offering to an eligible household is not more than the normal rate.

(B)

That each eligible household for which the provider is seeking reimbursement for providing an internet service offering discounted by the broadband benefit—

(i)

has not been and will not be charged—

(I)

for such offering, if the normal rate for such offering is less than or equal to the amount of the broadband benefit for such household; or

(II)

more for such offering than the difference between the normal rate for such offering and the amount of the broadband benefit for such household;

(ii)

will not be required to pay an early termination fee if such eligible household elects to enter into a contract to receive such internet service offering if such household later terminates such contract; and

(iii)

was not subject to a mandatory waiting period for such internet service offering based on having previously received broadband service from such provider.

(C)

That each eligible household for which the provider is seeking reimbursement for supplying such household with a connected device has not been and will not be charged $10 or less or $50 or more for such device.

(D)

A description of the process used by the provider to verify that a household is an eligible household, if the provider elects an alternative verification process under paragraph (2)(B), and that such verification process was designed to avoid waste, fraud, and abuse.

(7)

Audit requirements— The Commission shall adopt audit requirements to ensure that providers are in compliance with the requirements of this section and to prevent waste, fraud, and abuse in the broadband benefit program established under this section.

(c)

Eligible providers— Notwithstanding subsection (e) of this section, the Commission shall provide a reimbursement to a provider under this section without requiring such provider to be designated as an eligible telecommunications carrier under section 214(e) of the Communications Act of 1934 (47 U.S.C. 214(e)).

(d)

Rule of construction— Nothing in this section shall affect the collection, distribution, or administration of the Lifeline Assistance Program governed by the rules set forth in subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation).

(e)

Part 54 regulations— Nothing in this section shall be construed to prevent the Commission from providing that the regulations in part 54 of title 47, Code of Federal Regulations (or any successor regulation), shall apply in whole or in part to support provided under the regulations required by subsection (a), shall not apply in whole or in part to such support, or shall be modified in whole or in part for purposes of application to such support.

(f)

Enforcement— A violation of this section or a regulation promulgated under this section, including the knowing or reckless denial of an internet service offering discounted by the broadband benefit to an eligible household that requests such an offering, shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such Act. The Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 were incorporated into and made a part of this section.

(g)

Broadband Connectivity Fund—

(1)

Establishment— There is established in the Treasury of the United States a fund to be known as the Broadband Connectivity Fund.

(2)

Appropriation— There are appropriated to the Broadband Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $9,000,000,000 for fiscal year 2021, to remain available until expended.

(3)

Use of funds— Amounts in the Broadband Connectivity Fund shall be available to the Commission for reimbursements to providers under the regulations required by subsection (a).

(4)

Relationship to universal service contributions— Reimbursements provided under the regulations required by subsection (a) shall be provided from amounts made available under this subsection and not from contributions under section 254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)), except the Commission may use such contributions if needed to offset expenses associated with the reliance on the National Lifeline Eligibility Verifier to determine eligibility of households to receive the broadband benefit.

(5)

Lack of availability of funds— The regulations required by subsection (a) shall provide that a provider is not required to provide an eligible household with an internet service offering under subsection (b)(1) for any month for which there are insufficient amounts in the Broadband Connectivity Fund to reimburse the provider under subsection (b)(4) for providing the broadband benefit to such eligible household.

(h)

Definitions— In this section:

(1)

Broadband benefit— The term broadband benefit means a monthly discount for an eligible household applied to the normal rate for an internet service offering, in an amount equal to such rate, but not more than $50, or, if an internet service offering is provided to an eligible household on Tribal land, not more than $75.

(2)

Connected device— The term connected device means a laptop or desktop computer or a tablet.

(3)

Eligible household— The term eligible household means, regardless of whether the household or any member of the household receives support under subpart E of part 54 of title 47, Code of Federal Regulations (or any successor regulation), and regardless of whether any member of the household has any past or present arrearages with a provider, a household in which—

(A)

at least one member of the household meets the qualifications in subsection (a) or (b) of section 54.409 of title 47, Code of Federal Regulations (or any successor regulation);

(B)

at least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program under section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);

(C)

at least one member of the household has experienced a substantial loss of income for at least the two consecutive months immediately preceding the month for which eligibility for the broadband benefit is being determined, documented by layoff or furlough notice, application for unemployment insurance benefits, or similar documentation; or

(D)

at least one member of the household has received a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) in the most recent academic year.

(4)

Internet service offering— The term internet service offering means, with respect to a provider, broadband service provided by such provider to a household, offered in the same manner, and on the same terms, as described in any of such provider’s advertisements for broadband service to such household, on May 1, 2020 (or such later date as the Commission may by rule determine, if the Commission considers it necessary).

(5)

Normal rate— The term normal rate means, with respect to an internet service offering by a provider, the advertised monthly retail rate, on May 1, 2020 (or such later date as the Commission may by rule determine, if the Commission considers it necessary), including any applicable promotions and excluding any taxes or other governmental fees.

(6)

Provider— The term provider means a provider of broadband service.

Sec. 31142 Grants to States to strengthen National Lifeline Eligibility Verifier

(a)

In general— From amounts appropriated under subsection (d), the Commission shall, not later than 30 days after the date of the enactment of this Act, make a grant to each State, in an amount in proportion to the population of such State, for the purpose of connecting the database used by such State for purposes of the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to the National Lifeline Eligibility Verifier, so that the receipt by a household of benefits under such program is reflected in the National Lifeline Eligibility Verifier.

(b)

Disbursement of grant funds— Funds under each grant made under subsection (a) shall be disbursed to the State receiving such grant not later than 60 days after the date of the enactment of this Act.

(c)

Certification to Congress— Not later than 90 days after the date of the enactment of this Act, the Commission shall certify to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that the grants required by subsection (a) have been made and that funds have been disbursed as required by subsection (b).

(d)

Appropriation— There are appropriated to the Commission, out of any money in the Treasury not otherwise appropriated, $200,000,000 to carry out this section for fiscal year 2021, to remain available until expended.

Sec. 31143 Federal coordination between Lifeline and SNAP verification

(a)

In general— Notwithstanding section 11(x)(2)(C)(i) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(x)(2)(C)(i)), not later than 180 days after the date of the enactment of this Act, the Commission shall, in coordination with the Secretary of Agriculture, establish an automated connection, to the maximum extent practicable, between the National Lifeline Eligibility Verifier and the National Accuracy Clearinghouse established under section 11(x) of the Food and Nutrition Act of 2008 (7 U.S.C. 2020(x)) for the supplemental nutrition assistance program.

(b)

Definition— In this section, the term automated connection means a connection between two or more information systems where the manual input of information in one system leads to the automatic input of the same information any other connected system.

4 E–Rate Support for Wi-Fi Hotspots, Other Equipment, and Connected Devices

Sec. 31161 E–Rate support for Wi-Fi hotspots, other equipment, and connected devices

(a)

Regulations required— Not later than 180 days after the date of the enactment of this Act, the Commission shall promulgate regulations providing for the provision, from amounts made available from the Connectivity Fund established under subsection (h)(1), of support under section 254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an elementary school, secondary school, or library (including a Tribal elementary school, Tribal secondary school, or Tribal library) eligible for support under such section, for the purchase of equipment described in subsection (c), advanced telecommunications and information services, or equipment described in such subsection and advanced telecommunications and information services, for use by—

(1)

in the case of a school, students and staff of such school at locations that include locations other than such school; and

(2)

in the case of a library, patrons of such library at locations that include locations other than such library.

(b)

Tribal issues—

(1)

Set aside for Tribal lands— The Commission shall reserve not less than 5 percent of the amounts available to the Commission under subsection (h)(3) to provide support under the regulations required by subsection (a) to schools and libraries that serve persons who are located on Tribal lands.

(2)

Eligibility of Tribal libraries— For purposes of determining the eligibility of a Tribal library for support under the regulations required by subsection (a), the portion of paragraph (4) of section 254(h) of the Communications Act of 1934 (47 U.S.C. 254(h)) relating to eligibility for assistance from a State library administrative agency under the Library Services and Technology Act shall not apply.

(c)

Equipment described— The equipment described in this subsection is the following:

(1)

Wi-Fi hotspots.

(2)

Modems.

(3)

Routers.

(4)

Devices that combine a modem and router.

(5)

Connected devices.

(d)

Prioritization of support— The Commission shall provide in the regulations required by subsection (a) for a mechanism to require a school or library to prioritize the provision of equipment described in subsection (c), advanced telecommunications and information services, or equipment described in such subsection and advanced telecommunications and information services, for which support is received under such regulations, to students and staff or patrons (as the case may be) that the school or library believes do not have access to equipment described in subsection (c), do not have access to advanced telecommunications and information services, or have access to neither equipment described in subsection (c) nor advanced telecommunications and information services, at the residences of such students and staff or patrons.

(e)

Permissible uses of equipment— The Commission shall provide in the regulations required by subsection (a) that, in the case of a school or library that purchases equipment described in subsection (c) using support received under such regulations, such school or library—

(1)

may use such equipment for such purposes as such school or library considers appropriate, subject to any restrictions provided in such regulations (or any successor regulation); and

(2)

may not sell or otherwise transfer such equipment in exchange for any thing (including a service) of value, except that such school or library may exchange such equipment for upgraded equipment of the same type.

(f)

Rule of construction— Nothing in this section shall be construed to affect any authority the Commission may have under section 254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)) to allow support under such section to be used for the purposes described in subsection (a) other than as required by such subsection.

(g)

(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.

B Broadband Transparency

Sec. 31201 Definitions

In this subtitle:

(1)

Broadband internet access service— The term broadband internet access service has the meaning given the term in section 8.1(b) of title 47, Code of Federal Regulations, or any successor regulation.

(2)

Fixed wireless broadband— The term fixed wireless broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of radio, such as by the use of unlicensed spectrum.

(3)

Mobile broadband— The term mobile broadband—

(A)

means broadband internet access service that serves end users primarily using mobile stations;

(B)

includes services that use smartphones or mobile network-enabled tablets as the primary endpoints for connection to the internet; and

(C)

includes mobile satellite broadband internet access services.

(4)

Provider— The term provider means a provider of fixed or mobile broadband internet access service.

(5)

Satellite broadband— The term satellite broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by the use of orbital satellites.

(6)

Terrestrial fixed broadband— The term terrestrial fixed broadband means broadband internet access service that serves end users primarily at fixed endpoints through stationary equipment connected by wired technology such as cable, DSL, and fiber.

Sec. 31202 Broadband transparency

(a)

Rules—

(1)

In general— Not later than 1 year after the date of the enactment of this Act, the Commission shall issue final rules that include a requirement for the annual collection by the Commission of data relating to the price and subscription rates of terrestrial fixed broadband, fixed wireless broadband, satellite broadband, and mobile broadband.

(2)

Updates— Not later than 90 days after the date on which rules are issued under paragraph (1), and when determined to be necessary by the Commission thereafter, the Commission shall revise such rules to verify the accuracy of data submitted pursuant to such rules.

(3)

Redundancy avoidance— Nothing in this section shall be construed to require the Commission, in order to meet a requirement of this section, to duplicate an activity that the Commission is undertaking as of the date of the enactment of this Act, if the Commission refers to such activity in the rules issued under paragraph (1), such activity meets the requirements of this section, and the Commission discloses such activity to the public.

(b)

Content of rules— The rules issued by the Commission under subsection (a)(1) shall require the Commission to collect from each provider of terrestrial fixed broadband, fixed wireless broadband, mobile broadband, or satellite broadband, data that includes—

(1)

either the weighted average of the monthly prices charged to subscribed households within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service, including mandatory equipment charges, usage-based fees, and fees for early termination of required contracts, or the monthly price charged to each subscribed household, including such charges and fees;

(2)

either the mean monthly price within the duration of subscription contracts offered within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service, including mandatory equipment charges, usage-based fees, and fees for early termination of required contracts, or the mean monthly price within the duration of subscription contracts offered to each household, including such charges and fees;

(3)

either the subscription rate within each census block for each distinct broadband internet access service plan or tier of standalone broadband internet access service, or information regarding the subscription status of each household to which a subscription is offered;

(4)

data necessary to demonstrate the actual price paid by subscribers of broadband internet access service at each tier for such service in a manner that—

(A)

takes into account any discounts (or similar price concessions); and

(B)

identifies any additional taxes and fees (including for the use of equipment related to the use of a subscription for such service), any monthly data usage limitation at the stated price, and the extent to which the price of the service reflects inclusion within a product bundle; and

(5)

data necessary to assess the resiliency of the broadband internet access service network in the event of a natural disaster or emergency.

(c)

Technical assistance— The Commission shall provide technical assistance to small providers (as defined by the Commission) of broadband internet access service, to ensure such providers can fulfill the requirements of this section.

Sec. 31203 Distribution of data

(a)

Availability of data— Subject to subsection (b), the Commission shall make all data relating to broadband internet access service collected under rules required by this subtitle available in a commonly used electronic format to—

(1)

other Federal agencies, including the National Telecommunications and Information Administration, to assist that agency in conducting the study required by section 31102(c);

(2)

a broadband office, public utility commission, broadband mapping program, or other broadband program of a State, in the case of data pertaining to the needs of that State;

(3)

a unit of local government, in the case of data pertaining to the needs of that locality; and

(4)

an individual or organization conducting research for noncommercial purposes or public interest purposes.

(b)

Protection of data—

(1)

In general— The Commission may not share any data described in subsection (a) with an entity or individual described in that subsection unless the Commission has determined that the receiving entity or individual has the capability and intent to protect any personally identifiable information contained in the data.

(2)

Determination of personally identifiable information— The Commission—

(A)

shall define the term personally identifiable information, for purposes of paragraph (1), through notice and comment rulemaking; and

(B)

may not share any data under subsection (a) before completing the rulemaking under subparagraph (A).

(c)

Balancing access and protection— If the Commission is unable to determine under subsection (b)(1) that an entity or individual requesting access to data under subsection (a) has the capability to protect personally identifiable information contained in the data, the Commission shall make as much of the data available as possible in a format that does not compromise personally identifiable information, through methods such as anonymization.

Sec. 31204 Coordination with certain other Federal agencies

Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C. 644(b)(2)), as added by the Broadband DATA Act (Public Law 116–130), is amended—

(1)

in subparagraph (A)(ii), by striking the semicolon at the end and inserting “; and”;

(2)

by amending subparagraph (B) to read as follows:

“(B) coordinate with the Postmaster General, the heads of other Federal agencies that operate delivery fleet vehicles, and the Director of the Bureau of the Census for assistance with data collection whenever coordination could feasibly yield more specific geographic data.”

(3)

by striking subparagraph (C).

Sec. 31205 Broadband consumer labels

(a)

Rules— Not later than 1 year after the date of the enactment of this Act, the Commission shall issue final rules to promote and incentivize widespread adoption of the broadband consumer labels referred to in the Public Notice of the Commission released on April 4, 2016 (DA 16–357).

(b)

Hearings— The Commission shall conduct a series of public hearings in the rulemaking proceeding required by subsection (a) to assess how consumers currently evaluate internet service plans and whether existing disclosures are available, effective, and sufficient.

Sec. 31206 Appropriation for Broadband DATA Act

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

Sec. 31207 GAO report

Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Agriculture of the House of Representatives, the Committee on Transportation and Infrastructure of the House of the Representatives, the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Environment and Public Works of the Senate, and the Committee on Agriculture, Nutrition, and Forestry of the Senate, a report that evaluates the process used by the Commission for establishing, reviewing, and updating the upload and download broadband internet access speed thresholds, including—

(1)

how the Commission reviews and updates broadband internet access speed thresholds;

(2)

whether the Commission considers future broadband internet access speed needs when establishing broadband internet access speed thresholds, including whether the Commission considers the need, or the anticipated need, for higher upload or download broadband internet access speeds in the five-year period and the ten-year period after the date on which a broadband speed threshold is to be established; and

(3)

how the Commission considers the impacts of changing uses of the internet in establishing, reviewing, or updating broadband internet access speed thresholds, including—

(A)

the proliferation of internet-based business;

(B)

working remotely and running a business from home;

(C)

video teleconferencing;

(D)

distance learning;

(E)

in-house web hosting; and

(F)

cloud data storage.

C Broadband Access

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:

“723. Expansion of broadband access in unserved areas and areas with low-tier or mid-tier service

“(a) Program established—Not later than 180 days after the date of the enactment of this section, the Commission, in consultation with the Assistant Secretary, shall establish a program to expand access to broadband service for unserved areas, areas with low-tier service, areas with mid-tier service, and unserved anchor institutions in accordance with the requirements of this section that—

“(1) is separate from any universal service program established pursuant to section 254; and

“(2) does not require funding recipients to be designated as eligible telecommunications carriers under section 214(e).

“(b) Use of program funds

“(1) Expanding access to broadband service through national system of competitive bidding—Not later than 18 months after the date of the enactment of this section, the Commission shall award 75 percent of the amounts appropriated under subsection (g) through national systems of competitive bidding to funding recipients only to expand access to broadband service in unserved areas and areas with low-tier service.

“(2) Expanding access to broadband service through States

“(A) Distribution of funds to States—Not later than 255 days after the date of the enactment of this section, the Commission shall distribute 25 percent of the amounts appropriated under subsection (g) among the States, in direct proportion to the population of each State.

“(B) Public notice—Not later than 195 days after the date of the enactment of this section, the Commission shall issue a public notice informing each State and the public of the amounts to be distributed under this paragraph. The notice shall include—

“(i) the manner in which a State shall inform the Commission of that State’s acceptance or acceptance in part of the amounts to be distributed under this paragraph;

“(ii) the date (which is 30 days after the date on which the public notice is issued) by which such acceptance or acceptance in part is due; and

“(iii) the requirements as set forth under this section and as may be further prescribed by the Commission.

“(C) Acceptance by States—Not later than 30 days after the date on which a public notice is issued under subparagraph (B), each State accepting amounts to be distributed under this paragraph shall inform the Commission of the acceptance or acceptance in part by the State of the amounts to be distributed under this paragraph in the manner described by the Commission in the public notice.

“(D) Requirements for State receipt of amounts distributed—Each State accepting amounts distributed under this paragraph—

“(i) shall only award such amounts through statewide systems of competitive bidding, in the manner prescribed by the State but subject to the requirements as set forth under this section and as may be further prescribed by the Commission;

“(ii) shall make such awards only—

“(I) to funding recipients to expand access to broadband service in unserved areas and areas with low-tier service;

“(II) to funding recipients to expand access to broadband service to unserved anchor institutions; or

“(III) to funding recipients to expand access to broadband service in areas with mid-tier service, but only if a State does not have, or no longer has, any unserved areas or areas with low-tier service;

“(iii) shall conduct separate systems of competitive bidding for awards made to unserved anchor institutions under clause (ii)(II), if a State awards any amounts distributed under this paragraph to unserved anchor institutions;

“(iv) shall return any unused portion of amounts distributed under this paragraph to the Commission within 10 years after the date of the enactment of this section and shall submit a certification to the Commission before receiving such amounts that the State will return such amounts; and

“(v) may not use more than 5 percent of the amounts distributed under this paragraph to administer a system or systems of competitive bidding authorized by this paragraph.

“(3) Coordination of Federal and State funding—The Commission, in consultation with the Office of Internet Connectivity and Growth, shall establish processes through the rulemaking under subsection (e) to—

“(A) enable States to conduct statewide systems of competitive bidding as part of, or in coordination with, national systems of competitive bidding;

“(B) assist States in conducting statewide systems of competitive bidding;

“(C) ensure that program funds awarded by the Commission and program funds awarded by the States are not used in the same areas; and

“(D) ensure that program funds and funds awarded through other Federal programs to expand broadband service with a download speed of at least 100 megabits per second, an upload speed of at least 100 megabits per second, and a latency that is sufficiently low to allow real-time, interactive applications, are not used in the same areas.

“(c) Program requirements

“(1) Technology neutrality required—The entity administering a system of competitive bidding (either a State or the Commission) in making awards may not favor a project using any particular technology.

“(2) Gigabit performance funding—The Commission shall reserve 20 percent of the amounts to be awarded by the Commission under subsection (b)(1), and each State shall reserve 20 percent of the amounts distributed to such State under subsection (b)(2), for bidders committing (with respect to any particular project by such a bidder) to offer, not later than the date that is 5 years after the date on which funding is provided under this section for such project, broadband service with a download speed of at least 1 gigabit per second and an upload speed of at least 1 gigabit per second or, in the case of a project to provide broadband service to an unserved anchor institution, broadband service with a download speed of at least 10 gigabits per second per 1,000 users and an upload speed of at least 10 gigabits per second per 1,000 users.

“(3) System of competitive bidding process—The entity administering a system of competitive bidding (either a State or the Commission) shall structure the system of competitive bidding process to—

“(A) first hold a system of competitive bidding only for bidders committing (with respect to any particular project by such a bidder) to offer, not later than the date that is 5 years after the date on which funding is provided under this section for such project, broadband service with a download speed of at least 1 gigabit per second and an upload speed of at least 1 gigabit per second or, in the case of a project to provide broadband service to an unserved anchor institution, broadband service with a download speed of at least 10 gigabits per second per 1,000 users and an upload speed of at least 10 gigabits per second per 1,000 users; and

“(B) after holding the system of competitive bidding required by subparagraph (A), hold one or more systems of competitive bidding, in areas not receiving awards under subparagraph (A), to award funds for projects in areas that are estimated to remain unserved areas, areas with low-tier service, or (to the extent permitted under this section) areas with mid-tier service, or (to the extent permitted under this section) for projects to offer broadband service to anchor institutions that are estimated to remain unserved anchor institutions, after the completion of the projects for which funding is awarded under the system of competitive bidding required by subparagraph (A) or any previous system of competitive bidding under this subparagraph.

“(4) Funds priority preference—There shall be a preference in a system of competitive bidding for projects that would expand access to broadband service in areas where at least 90 percent of the population has no access to broadband service or does not have access to broadband service offered with a download speed of at least 25 megabits per second, with an upload speed of at least 3 megabits per second, and with latency that is sufficiently low to allow real-time, interactive applications. Such projects shall be given priority in such system of competitive bidding over all other projects, regardless of how many preferences under paragraph (5) for which such other projects qualify.

“(5) Funds preference—There shall be a preference in a system of competitive bidding, as determined by the entity administering the system of competitive bidding (either a State or the Commission), for any of the following projects:

“(A) Projects with at least 20 percent matching funds from non-Federal sources.

“(B) Projects that would expand access to broadband service on Tribal lands, as defined by the Commission.

“(C) Projects that would provide broadband service with higher speeds than those specified in subsection (d)(2), except in the case of funds awarded under subparagraph (A) of paragraph (3).

“(D) Projects that would expand access to broadband service in advance of the time specified in subsection (e)(5), except in the case of funds awarded under subparagraph (A) of paragraph (3).

“(E) Projects that would expand access to broadband service to persistent poverty counties or high-poverty areas at subsidized rates.

“(F) Projects that, at least until the date that is 10 years after the date of the enactment of this section, would provide broadband service with comparable speeds to those provided in areas that, on the day before such date of enactment, were not unserved areas, areas with low-tier service, or areas with mid-tier service, with minimal future investment.

“(G) Projects that would provide broadband service consistent with consumer preferences based on data and analysis conducted by the Commission.

“(H) Projects that would provide for the deployment of open-access broadband service networks.

“(6) Unserved areas and areas with low-tier or mid-tier service—In determining whether an area is an unserved area, an area with low-tier service, or an area with mid-tier service or whether an anchor institution is an unserved anchor institution for any system of competitive bidding authorized under this section, the Commission shall implement the following requirements through the rulemaking described in subsection (e):

“(A) Data for initial determination—To make an initial determination as to whether an area is an unserved area, an area with low-tier service, or an area with mid-tier service or whether an anchor institution is an unserved anchor institution, the Commission shall—

“(i) use the most accurate and granular data on the map created by the Commission under section 802(c)(1)(B);

“(ii) refine the data described in clause (i) by using—

“(I) other data on access to broadband service obtained or purchased by the Commission;

“(II) other publicly available data or information on access to broadband service; and

“(III) other publicly available data or information on State broadband service deployment programs; and

“(iii) not determine an area is not an unserved area, an area with low-tier service, or an area with mid-tier service on the basis that one location within such area does not meet the definition of an unserved area, an area with low-tier service, or an area with mid-tier service.

“(B) Initial determination—The Commission shall make an initial determination of the areas that are unserved areas, areas with low-tier service, and areas with mid-tier service and which anchor institutions are unserved anchor institutions not later than 270 days after the date of the enactment of this section.

“(C) Challenge of determination

“(i) In general—The Commission shall provide for a process for challenging any initial determination regarding whether an area is an unserved area, an area with low-tier service, or an area with mid-tier service or whether an anchor institution is an unserved anchor institution that, at a minimum, provides not less than 45 days for a person to voluntarily submit information concerning—

“(I) the broadband service offered in the area, or a commitment to offer broadband service in the area that is subject to legal sanction if not performed; or

“(II) the broadband service offered to the anchor institution.

“(ii) Streamlined process—The Commission shall ensure that such process is sufficiently streamlined such that a reasonably prudent person may easily participate to challenge such initial determination with little burden on such person.

“(D) Final determination—The Commission shall make a final determination of the areas that are unserved areas, areas with low-tier service, or areas with mid-tier service and which anchor institutions are unserved anchor institutions within 1 year after the date of the enactment of this section.

“(7) Notice, transparency, accountability, and oversight required—The program shall contain sufficient notice, transparency, accountability, and oversight measures to provide the public with notice of the assistance provided under this section, and to deter waste, fraud, and abuse of program funds.

“(8) Competence—The program shall contain sufficient processes and requirements, as established by an entity administering a system of competitive bidding (either a State or the Commission), to ensure that, prior to bidding in such system of competitive bidding, a provider of broadband service seeking to participate in such system of competitive bidding—

“(A) is capable of carrying out the project in a competent manner in compliance with all applicable Federal, State, and local laws;

“(B) has the financial capacity to meet the buildout obligations of the project and requirements as set forth under this section and as may be further prescribed by the Commission; and

“(C) has the technical and operational capability to provide broadband services in the manner contemplated by the provider’s bid in the system of competitive bidding, including a detailed consideration of the provider’s prior performance in delivering services as contemplated in the bid and the capabilities of the provider’s proposed network to deliver the contemplated services in the area in question.

“(9) Contracting requirements—All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with assistance made available under this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

“(10) Rule of construction regarding environmental laws—Nothing in this section shall be construed to affect—

“(A) the Clean Air Act (42 U.S.C. 7401 et seq.);

“(B) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.; commonly referred to as the “Clean Water Act”);

“(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

“(D) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

“(E) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.; commonly referred to as the “Resource Conservation and Recovery Act”); or

“(F) any State or local law that is similar to a law listed in subparagraphs (A) through (E).

“(11) Referral of alleged violations of applicable Federal labor and employment laws—The Commission shall refer any alleged violation of an applicable labor and employment law to the appropriate Federal agency for investigation and enforcement, and any alleged violation of paragraph (9) or (12) to the National Labor Relations Board for investigation and enforcement, utilizing all appropriate remedies up to and including debarment from the program.

“(12) Labor organization

“(A) In general—Notwithstanding the National Labor Relations Act (29 U.S.C. 151 et seq.), subparagraphs (B) through (F) shall apply with respect to any funding recipient who is an employer and any labor organization who represents employees of a funding recipient.

“(B) Neutrality requirement—An employer shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the National Labor Relations Act (29 U.S.C. 151 et seq.).

“(C) Commencement of collective bargaining—Not later than 10 days after receiving a written request for collective bargaining from a labor organization that has been newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)), or within such further period as the parties agree upon, the parties shall meet and commence to bargain collectively and shall make every reasonable effort to conclude and sign a collective bargaining agreement.

“(D) Mediation and conciliation for failure to reach a collective bargaining agreement

“(i) In general—If the parties have failed to reach an agreement before the date that is 90 days after the date on which bargaining is commenced under subparagraph (C), or any later date agreed upon by both parties, either party may notify the Federal Mediation and Conciliation Service of the existence of a dispute and request mediation.

“(ii) Federal Mediation and Conciliation Service—Whenever a request is received under clause (i), the Director of the Federal Mediation and Conciliation Service shall promptly communicate with the parties and use best efforts, by mediation and conciliation, to bring them to agreement.

“(E) Tripartite arbitration panel

“(i) In general—If the Federal Mediation and Conciliation Service is not able to bring the parties to agreement by mediation or conciliation before the date that is 30 days after the date on which such mediation or conciliation is commenced, or any later date agreed upon by both parties, the Service shall refer the dispute to a tripartite arbitration panel established in accordance with such regulations as may be prescribed by the Service, with one member selected by the labor organization, one member selected by the employer, and one neutral member mutually agreed to by the parties.

“(ii) Dispute settlement—A majority of the tripartite arbitration panel shall render a decision settling the dispute and such decision shall be binding upon the parties for a period of two years, unless amended during such period by written consent of the parties. Such decision shall be based on—

“(I) the employer’s financial status and prospects;

“(II) the size and type of the employer’s operations and business;

“(III) the employees’ cost of living;

“(IV) the employees’ ability to sustain themselves, their families, and their dependents on the wages and benefits they earn from the employer; and

“(V) the wages and benefits that other employers in the same business provide their employees.

“(F) Prohibition on subcontracting for certain purposes—A funding recipient may not engage in subcontracting for the purpose of circumventing the terms of a collective bargaining agreement with respect to wages, benefits, or working conditions.

“(G) Parties defined—In this paragraph, the term parties means a labor organization that is newly recognized or certified as a representative under section 9(a) of the National Labor Relations Act (29 U.S.C. 159(a)) and the employer of the employees represented by such organization.

“(d) Project requirements—Any project funded through the program shall meet the following requirements:

“(1) The project shall adhere to quality-of-service standards as established by the Commission.

“(2) Except as provided in paragraphs (2) and (3) of subsection (c), the project shall offer broadband service with a download speed of at least 100 megabits per second, an upload speed of at least 100 megabits per second, and a latency that is sufficiently low to allow real-time, interactive applications.

“(3) The project shall offer broadband service at prices that are comparable to, or lower than, the prices charged for comparable levels of service in areas that were not unserved areas, areas with low-tier service, or areas with mid-tier service on the day before the date of the enactment of this section.

“(4) For any project that involves laying fiber-optic cables along a roadway, the project shall include interspersed conduit access points at regular and short intervals.

“(5) The project shall incorporate prudent cybersecurity and supply chain risk management practices, as specified by the Commission through the rulemaking described in subsection (e), in consultation with the Director of the National Institute of Standards and Technology and the Assistant Secretary.

“(6) The project shall incorporate best practices, as defined by the Commission, for ensuring reliability and resiliency of the network during disasters.

“(7) Any funding recipient must agree to have the project meet the requirements established under section 224, as if the project were classified as a “utility” under such section. The preceding sentence shall not apply to those entities or persons excluded from the definition of the term “utility” by the second sentence of subsection (a)(1) of such section.

“(8) The project shall offer an affordable option for a broadband service plan under which broadband service is provided—

“(A) with a download speed of at least 50 megabits per second;

“(B) with an upload speed of at least 50 megabits per second; and

“(C) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications.

“(e) Rulemaking and distribution and award of funds—Not later than 180 days after the date of the enactment of this section, the Commission, in consultation with the Assistant Secretary, shall promulgate rules—

“(1) that implement the requirements of this section, as appropriate;

“(2) that establish the design of and rules for the national systems of competitive bidding;

“(3) that establish notice requirements for all systems of competitive bidding authorized under this section that, at a minimum, provide the public with notice of—

“(A) the initial determination of which areas are unserved areas, areas with low-tier service, or areas with mid-tier service;

“(B) the final determination of which areas are unserved areas, areas with low-tier service, or areas with mid-tier service after the process for challenging the initial determination has concluded;

“(C) which entities have applied to bid for funding; and

“(D) the results of any system of competitive bidding, including identifying the funding recipients, which areas each project will serve, the nature of the service that will be provided by the project in each of those areas, and how much funding the funding recipients will receive in each of those areas;

“(4) that establish broadband service buildout milestones and periodic certification by funding recipients to ensure compliance with the broadband service buildout milestones for all systems of competitive bidding authorized under this section;

“(5) that, except as provided in paragraphs (2) and (3) of subsection (c), establish a maximum buildout timeframe of four years beginning on the date on which funding is provided under this section for a project;

“(6) that establish periodic reporting requirements for funding recipients and that identify, at a minimum, the nature of the service provided in each area for any system of competitive bidding authorized under this section;

“(7) that establish standard penalties for the noncompliance of funding recipients or projects with the requirements as set forth under this section and as may be further prescribed by the Commission for any system of competitive bidding authorized under this section;

“(8) that establish procedures for recovery of funds, in whole or in part, from funding recipients in the event of the default or noncompliance of the funding recipient or project with the requirements established under this section for any system of competitive bidding authorized under this section; and

“(9) that establish mechanisms to reduce waste, fraud, and abuse within the program for any system of competitive bidding authorized under this section.

“(f) Reports required

“(1) Inspector general and comptroller general report—Not later than June 30 and December 31 of each year following the awarding of the first funds under the program, the Inspector General of the Commission and the Comptroller General of the United States shall submit to the Committees on Energy and Commerce of the House of Representatives and Commerce, Science, and Transportation of the Senate a report for the previous 6 months that reviews the program. Such report shall include any recommendations to address waste, fraud, and abuse.

“(2) State reports—Any State that receives funds under the program shall submit an annual report to the Commission on how such funds were spent, along with a certification of compliance with the requirements as set forth under this section and as may be further prescribed by the Commission, including a description of each service provided and the number of individuals to whom the service was provided.

“(g) Appropriation—There are appropriated to the Commission, out of any money in the Treasury not otherwise appropriated, $80,000,000,000 to carry out the program for fiscal year 2021, to remain available until expended.

“(h) Definitions—In this section:

“(1) Affordable option—The term affordable option means, with respect to a broadband service plan, that broadband service is provided under such plan at a rate that is determined by the Commission, in coordination with the Office of Internet Connectivity and Growth, to be affordable for a household with an income of 136 percent of the poverty threshold, as determined by using criteria of poverty established by the Bureau of the Census, for a four-person household that includes two dependents under the age of 18.

“(2) Anchor institution—The term anchor institution means a public or private school, a library, a medical or healthcare provider, a museum, a public safety entity, a public housing agency (as defined in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b))), a community college, an institution of higher education, a religious organization, or any other community support organization or agency.

“(3) Area—The term area means the geographic unit of measurement with the greatest level of granularity reasonably feasible for the Commission to use in making eligibility determinations under this section and in meeting the requirements and deadlines of this section.

“(4) Area with low-tier service—The term area with low-tier service means an area where at least 90 percent of the population has access to broadband service offered—

“(A) with a download speed of at least 25 megabits per second but less than 100 megabits per second;

“(B) with an upload speed of at least 25 megabits per second but less than 100 megabits per second; and

“(C) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications.

“(5) Area with mid-tier service—The term area with mid-tier service means an area where at least 90 percent of the population has access to broadband service offered—

“(A) with a download speed of at least 100 megabits per second but less than 1 gigabit per second;

“(B) with an upload speed of at least 100 megabits per second but less than 1 gigabit per second; and

“(C) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications.

“(6) Assistant secretary—The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information.

“(7) Broadband service—The term broadband service—

“(A) means broadband internet access service that is a mass-market retail service, or a service provided to an anchor institution, by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service;

“(B) includes any service that is a functional equivalent of the service described in subparagraph (A); and

“(C) does not include dial-up internet access service.

“(8) Collective bargaining—The term collective bargaining means performance of the mutual obligation described in section 8(d) of the National Labor Relations Act (29 U.S.C. 158(d)).

“(9) Collective bargaining agreement—The term collective bargaining agreement means an agreement reach through collective bargaining.

“(10) Funding recipient—The term funding recipient means an entity that receives funding for a project under this section, including a private entity, public-private partnership, cooperative, or municipal broadband service provider.

“(11) High-poverty area—The term high-poverty area means a census tract with a poverty rate of at least 20 percent, as measured by the most recent 5-year data series available from the American Community Survey of the Bureau of the Census as of the year before the date of the enactment of this section. In the case of a territory or possession of the United States in which no such data is collected from the American Community Survey of the Bureau of the Census as of the year before the date of the enactment of this section, such term includes a census tract with a poverty rate of at least 20 percent, as measured by the 2010 Island Areas Decennial Census of the Bureau of the Census.

“(12) Institution of higher education—The term institution of higher education—

“(A) has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001); and

“(B) includes a postsecondary vocational institution.

“(13) Labor organization—The term labor organization has the meaning given the term in section 2 of the National Labor Relations Act (29 U.S.C. 152).

“(14) Persistent poverty county—The term persistent poverty county means any county with a poverty rate of at least 20 percent, as determined in each of the 1990 and 2000 decennial censuses and in the Small Area Income and Poverty Estimates of the Bureau of the Census for the most recent year for which the Estimates are available. In the case of a territory or possession of the United States, such term includes any county equivalent area in Puerto Rico with a poverty rate of at least 20 percent, as determined in each of the 1990 and 2000 decennial censuses and in the most recent 5-year data series available from the American Community Survey of the Bureau of the Census as of the year before the date of the enactment of this section, or any other territory or possession of the United States with a poverty rate of at least 20 percent, as determined in each of the 1990, 2000, and 2010 Island Areas Decennial Censuses of the Bureau of the Census.

“(15) Postsecondary vocational institution—The term postsecondary vocational institution has the meaning given the term in section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1002(c)).

“(16) Program—Unless otherwise indicated, the term program means the program established under subsection (a).

“(17) Project—The term project means an undertaking by a funding recipient under this section to construct and deploy infrastructure for the provision of broadband service.

“(18) Unserved anchor institution—The term unserved anchor institution means an anchor institution that has no access to broadband service or does not have access to broadband service offered—

“(A) with a download speed of at least 1 gigabit per second per 1,000 users;

“(B) with an upload speed of at least 1 gigabit per second per 1,000 users; and

“(C) with latency that is sufficiently low to allow multiple, simultaneous, real-time, interactive applications.

“(19) Unserved area—The term unserved area means an area where at least 90 percent of the population has no access to broadband service or does not have access to broadband service offered—

“(A) with a download speed of at least 25 megabits per second;

“(B) with an upload speed of at least 25 megabits per second; and

“(C) with latency that is sufficiently low to allow real-time, interactive applications.”

Sec. 31302 Universal service in Indian country and areas with high populations of Indian people

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

2 Broadband Infrastructure Finance and Innovation

Sec. 31321 Definitions

In this chapter:

(1)

BIFIA program— The term BIFIA program means the broadband infrastructure finance and innovation program established under this chapter.

(2)

Broadband service— The term broadband service—

(A)

means broadband internet access service that is a mass-market retail service, or a service provided to an entity described in paragraph (11)(B)(ii), by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service;

(B)

includes any service that is a functional equivalent of the service described in subparagraph (A); and

(C)

does not include dial-up internet access service.

(3)

Eligible project costs— The term eligible project costs means amounts substantially all of which are paid by, or for the account of, an obligor in connection with a project, including the cost of—

(A)

development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, historic preservation review, permitting, preliminary engineering and design work, and other preconstruction activities;

(B)

construction and deployment phase activities, including—

(i)

construction, reconstruction, rehabilitation, replacement, and acquisition of real property (including land relating to the project and improvements to land), equipment, instrumentation, networking capability, hardware and software, and digital network technology;

(ii)

environmental mitigation; and

(iii)

construction contingencies; and

(C)

capitalized interest necessary to meet market requirements, reasonably required reserve funds, capital issuance expenses, and other carrying costs during construction and deployment.

(4)

Federal credit instrument— The term Federal credit instrument means a secured loan, loan guarantee, or line of credit authorized to be made available under the BIFIA program with respect to a project.

(5)

Investment-grade rating— The term investment-grade rating means a rating of BBB minus, Baa3, bbb minus, BBB (low), or higher assigned by a rating agency to project obligations.

(6)

Lender— The term lender means any non-Federal qualified institutional buyer (as defined in section 230.144A(a) of title 17, Code of Federal Regulations (or any successor regulation), known as Rule 144A(a) of the Securities and Exchange Commission and issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)), including—

(A)

a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) that is a qualified institutional buyer; and

(B)

a governmental plan (as defined in section 414(d) of the Internal Revenue Code of 1986) that is a qualified institutional buyer.

(7)

Letter of interest— The term letter of interest means a letter submitted by a potential applicant prior to an application for credit assistance in a format prescribed by the Assistant Secretary on the website of the BIFIA program that—

(A)

describes the project and the location, purpose, and cost of the project;

(B)

outlines the proposed financial plan, including the requested credit assistance and the proposed obligor;

(C)

provides a status of environmental review; and

(D)

provides information regarding satisfaction of other eligibility requirements of the BIFIA program.

(8)

Line of credit— The term line of credit means an agreement entered into by the Assistant Secretary with an obligor under section 31324 to provide a direct loan at a future date upon the occurrence of certain events.

(9)

Loan guarantee— The term loan guarantee means any guarantee or other pledge by the Assistant Secretary to pay all or part of the principal of and interest on a loan or other debt obligation issued by an obligor and funded by a lender.

(10)

Obligor— The term obligor means a party that—

(A)

is primarily liable for payment of the principal of or interest on a Federal credit instrument; and

(B)

may be a corporation, company, partnership, joint venture, trust, or governmental entity, agency, or instrumentality.

(11)

Project— The term project means a project—

(A)

to construct and deploy infrastructure for the provision of broadband service; and

(B)

that the Assistant Secretary determines will—

(i)

provide access or improved access to broadband service to consumers residing in areas of the United States that have no access to broadband service or do not have access to broadband service offered—

(I)

with a download speed of at least 100 megabits per second;

(II)

with an upload speed of at least 20 megabits per second; and

(III)

with latency that is sufficiently low to allow real-time, interactive applications; or

(ii)

provide access or improved access to broadband service to—

(I)

schools, libraries, medical and healthcare providers, community colleges and other institutions of higher education, museums, religious organizations, and other community support organizations and entities to facilitate greater use of broadband service by or through such organizations;

(II)

organizations and agencies that provide outreach, access, equipment, and support services to facilitate greater use of broadband service by low-income, unemployed, aged, and otherwise vulnerable populations;

(III)

job-creating strategic facilities located within a State-designated economic zone, Economic Development District designated by the Department of Commerce, Empowerment Zone designated by the Department of Housing and Urban Development, or Enterprise Community designated by the Department of Agriculture; or

(IV)

public safety agencies.

(12)

Project obligation— The term project obligation means any note, bond, debenture, or other debt obligation issued by an obligor in connection with the financing of a project, other than a Federal credit instrument.

(13)

Public authority— The term public authority means a Federal, State, county, town, or township, Indian Tribe, municipal or other local government or instrumentality with authority to finance, build, operate, or maintain infrastructure for the provision of broadband service.

(14)

Rating agency— The term rating agency means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))).

(15)

Secured loan— The term secured loan means a direct loan or other debt obligation issued by an obligor and funded by the Assistant Secretary in connection with the financing of a project under section 31323.

(16)

Small project— The term small project means a project having eligible project costs that are reasonably anticipated not to equal or exceed $20,000,000.

(17)

Subsidy amount— The term subsidy amount means the amount of budget authority sufficient to cover the estimated long-term cost to the Federal Government of a Federal credit instrument—

(A)

calculated on a net present value basis; and

(B)

excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).

(18)

Substantial completion— The term substantial completion means, with respect to a project receiving credit assistance under the BIFIA program—

(A)

the commencement of the provision of broadband service using the infrastructure being financed; or

(B)

a comparable event, as determined by the Assistant Secretary and specified in the credit agreement.

Sec. 31322 Determination of eligibility and project selection

(a)

Eligibility—

(1)

In general— A project shall be eligible to receive credit assistance under the BIFIA program if—

(A)

the entity proposing to carry out the project submits a letter of interest prior to submission of a formal application for the project; and

(B)

the project meets the criteria described in this subsection.

(2)

Creditworthiness—

(A)

In general— Except as provided in subparagraph (B), to be eligible for assistance under the BIFIA program, a project shall satisfy applicable creditworthiness standards, which, at a minimum, shall include—

(i)

adequate coverage requirements to ensure repayment;

(ii)

an investment-grade rating from at least two rating agencies on debt senior to the Federal credit instrument; and

(iii)

a rating from at least two rating agencies on the Federal credit instrument.

(B)

Small projects— In order for a small project to be eligible for assistance under the BIFIA program, such project shall satisfy alternative creditworthiness standards that shall be established by the Assistant Secretary under section 31325 for purposes of this paragraph.

(3)

Application— A State, local government, agency or instrumentality of a State or local government, public authority, public-private partnership, or any other legal entity undertaking the project and authorized by the Assistant Secretary shall submit a project application that is acceptable to the Assistant Secretary.

(4)

Eligible project cost parameters for infrastructure projects— Eligible project costs shall be reasonably anticipated to equal or exceed $2,000,000 in the case of a project or program of projects—

(A)

in which the applicant is a local government, instrumentality of local government, or public authority (other than a public authority that is a Federal or State government or instrumentality);

(B)

located on a facility owned by a local government; or

(C)

for which the Assistant Secretary determines that a local government is substantially involved in the development of the project.

(5)

Dedicated revenue sources— The applicable Federal credit instrument shall be repayable, in whole or in part, from—

(A)

amounts charged to—

(i)

subscribers of broadband service for such service; or

(ii)

subscribers of any related service provided over the same infrastructure for such related service;

(B)

user fees;

(C)

payments owing to the obligor under a public-private partnership; or

(D)

other dedicated revenue sources that also secure or fund the project obligations.

(6)

Applications where obligor will be identified later— A State, local government, agency or instrumentality of a State or local government, or public authority may submit to the Assistant Secretary an application under paragraph (3), under which a private party to a public-private partnership will be—

(A)

the obligor; and

(B)

identified later through completion of a procurement and selection of the private party.

(7)

Beneficial effects— The Assistant Secretary shall determine that financial assistance for the project under the BIFIA program will—

(A)

foster, if appropriate, partnerships that attract public and private investment for the project;

(B)

enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs (including debt service costs) of the project; and

(C)

reduce the contribution of Federal grant assistance for the project.

(8)

Project readiness— To be eligible for assistance under the BIFIA program, the applicant shall demonstrate a reasonable expectation that the contracting process for the construction and deployment of infrastructure for the provision of broadband service through the project can commence by no later than 90 days after the date on which a Federal credit instrument is obligated for the project under the BIFIA program.

(9)

Public sponsorship of private entities—

(A)

In general— If an eligible project is carried out by an entity that is not a State or local government or an agency or instrumentality of a State or local government or a Tribal Government or consortium of Tribal Governments, the project shall be publicly sponsored.

(B)

Public sponsorship— For purposes of this chapter, a project shall be considered to be publicly sponsored if the obligor can demonstrate, to the satisfaction of the Assistant Secretary, that the project applicant has consulted with the State, local, or Tribal Government in the area in which the project is located, or that is otherwise affected by the project, and that such Government supports the proposal.

(b)

Selection among eligible projects—

(1)

Establishment of Application process— The Assistant Secretary shall establish a rolling application process under which projects that are eligible to receive credit assistance under subsection (a) shall receive credit assistance on terms acceptable to the Assistant Secretary, if adequate funds are available to cover the subsidy costs associated with the Federal credit instrument.

(2)

Preliminary rating opinion letter— The Assistant Secretary shall require each project applicant to provide—

(A)

a preliminary rating opinion letter from at least one rating agency—

(i)

indicating that the senior obligations of the project, which may be the Federal credit instrument, have the potential to achieve an investment-grade rating; and

(ii)

including a preliminary rating opinion on the Federal credit instrument; or

(B)

in the case of a small project, alternative documentation that the Assistant Secretary shall require in the standards established under section 31325 for purposes of this paragraph.

(3)

Technology neutrality required— In selecting projects to receive credit assistance under the BIFIA program, the Assistant Secretary may not favor a project using any particular technology.

(4)

Preference for open-access networks— In selecting projects to receive credit assistance under the BIFIA program, the Assistant Secretary shall give preference to projects providing for the deployment of open-access broadband service networks.

(c)

Federal requirements—

(1)

In general— The following provisions of law shall apply to funds made available under the BIFIA program and projects assisted with those funds:

(A)

Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

(B)

The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(C)

54 U.S.C. 300101 et seq. (commonly referred to as the “National Historic Preservation Act”).

(D)

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

(2)

NEPA— No funding shall be obligated for a project that has not received an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(3)

Title VI of the Civil Rights Act of 1964— For purposes of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), any project that receives credit assistance under the BIFIA program shall be considered a program or activity within the meaning of section 606 of such title (42 U.S.C. 2000d–4a).

(4)

Contracting requirements— All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with assistance made available through a Federal credit instrument shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

(5)

Neutrality requirement— An employer receiving assistance made available through a Federal credit instrument under this chapter shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the National Labor Relations Act (29 U.S.C. 151 et seq.).

(6)

Referral of alleged violations of applicable Federal labor and employment laws— The Assistant Secretary shall refer any alleged violation of an applicable labor and employment law to the appropriate Federal agency for investigation and enforcement, and any alleged violation of paragraph (4) or (5) to the National Labor Relations Board for investigation and enforcement, utilizing all appropriate remedies up to and including debarment from the BIFIA program.

(d)

Application processing procedures—

(1)

Notice of complete application— Not later than 30 days after the date of receipt of an application under this section, the Assistant Secretary shall provide to the applicant a written notice to inform the applicant whether—

(A)

the application is complete; or

(B)

additional information or materials are needed to complete the application.

(2)

Approval or denial of application— Not later than 60 days after the date of issuance of the written notice under paragraph (1), the Assistant Secretary shall provide to the applicant a written notice informing the applicant whether the Assistant Secretary has approved or disapproved the application.

(3)

Approval before NEPA review— Subject to subsection (c)(2), an application for a project may be approved before the project receives an environmental categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(e)

Development phase activities— Any credit instrument secured under the BIFIA program may be used to finance up to 100 percent of the cost of development phase activities as described in section 31321(3)(A).

Sec. 31323 Secured loans

(a)

In general—

(1)

Agreements— Subject to paragraphs (2) and (3), the Assistant Secretary may enter into agreements with one or more obligors to make secured loans, the proceeds of which shall be used—

(A)

to finance eligible project costs of any project selected under section 31322;

(B)

to refinance interim construction financing of eligible project costs of any project selected under section 31322; or

(C)

to refinance long-term project obligations or Federal credit instruments, if the refinancing provides additional funding capacity for the completion, enhancement, or expansion of any project that—

(i)

is selected under section 31322; or

(ii)

otherwise meets the requirements of section 31322.

(2)

Limitation on refinancing of interim construction financing— A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B)—

(A)

if the maturity of such interim construction financing is later than 1 year after the substantial completion of the project; and

(B)

later than 1 year after the date of substantial completion of the project.

(3)

Risk assessment— Before entering into an agreement under this subsection, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each secured loan, taking into account each rating letter provided by a rating agency under section 31322(b)(2)(A)(ii) or, in the case of a small project, the alternative documentation provided under section 31322(b)(2)(B).

(b)

Terms and limitations—

(1)

In general— A secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Assistant Secretary determines to be appropriate.

(2)

Maximum amount— The amount of a secured loan under this section shall not exceed the lesser of 49 percent of the reasonably anticipated eligible project costs or, if the secured loan is not for a small project and does not receive an investment-grade rating, the amount of the senior project obligations.

(3)

Payment— A secured loan under this section—

(A)

shall—

(i)

be payable, in whole or in part, from—

(I)

amounts charged to—

(aa)

subscribers of broadband service for such service; or

(bb)

subscribers of any related service provided over the same infrastructure for such related service;

(II)

user fees;

(III)

payments owing to the obligor under a public-private partnership; or

(IV)

other dedicated revenue sources that also secure the senior project obligations; and

(ii)

include a coverage requirement or similar security feature supporting the project obligations; and

(B)

may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations.

(4)

Interest rate— The interest rate on a secured loan under this section shall be not less than the yield on United States Treasury securities of a similar maturity to the maturity of the secured loan on the date of execution of the loan agreement.

(5)

Maturity date— The final maturity date of the secured loan shall be the lesser of—

(A)

35 years after the date of substantial completion of the project; and

(B)

if the useful life of the infrastructure for the provision of broadband service being financed is of a lesser period, the useful life of the infrastructure.

(6)

Nonsubordination—

(A)

In general— Except as provided in subparagraph (B), the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.

(B)

Preexisting indenture—

(i)

In general— The Assistant Secretary shall waive the requirement under subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if—

(I)

the secured loan—

(aa)

is rated in the A category or higher; or

(bb)

in the case of a small project, meets an alternative standard that the Assistant Secretary shall establish under section 31325 for purposes of this subclause;

(II)

the secured loan is secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and

(III)

the BIFIA program share of eligible project costs is 33 percent or less.

(ii)

Limitation— If the Assistant Secretary waives the nonsubordination requirement under this subparagraph—

(I)

the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and

(II)

the obligor shall be responsible for paying the remainder of the subsidy cost, if any.

(7)

Fees— The Assistant Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section.

(8)

Non-federal share— The proceeds of a secured loan under the BIFIA program, if the loan is repayable from non-Federal funds—

(A)

may be used for any non-Federal share of project costs required under this chapter; and

(B)

shall not count toward the total Federal assistance provided for a project for purposes of paragraph (9).

(9)

Maximum federal involvement— The total Federal assistance provided for a project receiving a loan under the BIFIA program shall not exceed 80 percent of the total project cost.

(c)

Repayment—

(1)

Schedule— The Assistant Secretary shall establish a repayment schedule for each secured loan under this section based on—

(A)

the projected cash flow from project revenues and other repayment sources; and

(B)

the useful life of the infrastructure for the provision of broadband service being financed.

(2)

Commencement— Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project.

(3)

Deferred payments—

(A)

In general— If, at any time after the date of substantial completion of the project, the project is unable to generate sufficient revenues to pay the scheduled loan repayments of principal and interest on the secured loan, the Assistant Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan.

(B)

Interest— Any payment deferred under subparagraph (A) shall—

(i)

continue to accrue interest in accordance with subsection (b)(4) until fully repaid; and

(ii)

be scheduled to be amortized over the remaining term of the loan.

(C)

Criteria—

(i)

In general— Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Assistant Secretary.

(ii)

Repayment standards— The criteria established pursuant to clause (i) shall include standards for reasonable assurance of repayment.

(4)

Prepayment—

(A)

Use of excess revenues— Any excess revenues that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and all deposit requirements under the terms of any trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the secured loan without penalty.

(B)

Use of proceeds of refinancing— The secured loan may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources.

(d)

Sale of secured loans—

(1)

In general— Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Assistant Secretary may sell to another entity or reoffer into the capital markets a secured loan for the project if the Assistant Secretary determines that the sale or reoffering can be made on favorable terms.

(2)

Consent of obligor— In making a sale or reoffering under paragraph (1), the Assistant Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor.

(e)

Loan guarantees—

(1)

In general— The Assistant Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this section if the Assistant Secretary determines that the budgetary cost of the loan guarantee is substantially the same as that of a secured loan.

(2)

Terms— The terms of a loan guarantee under paragraph (1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender, with the consent of the Assistant Secretary.

(f)

Streamlined application process—

(1)

In general— The Assistant Secretary shall develop one or more expedited application processes, available at the request of entities seeking secured loans under the BIFIA program, that use a set or sets of conventional terms established pursuant to this section.

(2)

Terms— In establishing the streamlined application process required by this subsection, the Assistant Secretary may allow for an expedited application period and include terms such as those that require—

(A)

that the project be a small project;

(B)

the secured loan to be secured and payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge, tax increment financing, or a system-backed pledge of project revenues; and

(C)

repayment of the loan to commence not later than 5 years after disbursement.

Sec. 31324 Lines of credit

(a)

In general—

(1)

Agreements— Subject to paragraphs (2) through (4), the Assistant Secretary may enter into agreements to make available to one or more obligors lines of credit in the form of direct loans to be made by the Assistant Secretary at future dates on the occurrence of certain events for any project selected under section 31322.

(2)

Use of proceeds— The proceeds of a line of credit made available under this section shall be available to pay debt service on project obligations issued to finance eligible project costs, extraordinary repair and replacement costs, operation and maintenance expenses, and costs associated with unexpected Federal or State environmental restrictions.

(3)

Risk assessment—

(A)

In general— Except as provided in subparagraph (B), before entering into an agreement under this subsection, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget and each rating agency providing a preliminary rating opinion letter under section 31322(b)(2)(A), shall determine an appropriate capital reserve subsidy amount for each line of credit, taking into account the rating opinion letter.

(B)

Small projects— Before entering into an agreement under this subsection to make available a line of credit for a small project, the Assistant Secretary, in consultation with the Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each such line of credit, taking into account the alternative documentation provided under section 31322(b)(2)(B) instead of preliminary rating opinion letters provided under section 31322(b)(2)(A).

(4)

Investment-grade rating requirement— The funding of a line of credit under this section shall be contingent on—

(A)

the senior obligations of the project receiving an investment-grade rating from 2 rating agencies; or

(B)

in the case of a small project, the project meeting an alternative standard that the Assistant Secretary shall establish under section 31325 for purposes of this paragraph.

(b)

Terms and limitations—

(1)

In general— A line of credit under this section with respect to a project shall be on such terms and conditions and contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Assistant Secretary determines to be appropriate.

(2)

Maximum amounts— The total amount of a line of credit under this section shall not exceed 33 percent of the reasonably anticipated eligible project costs.

(3)

Draws— Any draw on a line of credit under this section shall—

(A)

represent a direct loan; and

(B)

be made only if net revenues from the project (including capitalized interest, but not including reasonably required financing reserves) are insufficient to pay the costs specified in subsection (a)(2).

(4)

Interest rate— The interest rate on a direct loan resulting from a draw on the line of credit shall be not less than the yield on 30-year United States Treasury securities, as of the date of execution of the line of credit agreement.

(5)

Security— A line of credit issued under this section—

(A)

shall—

(i)

be payable, in whole or in part, from—

(I)

amounts charged to—

(aa)

subscribers of broadband service for such service; or

(bb)

subscribers of any related service provided over the same infrastructure for such related service;

(II)

user fees;

(III)

payments owing to the obligor under a public-private partnership; or

(IV)

other dedicated revenue sources that also secure the senior project obligations; and

(ii)

include a coverage requirement or similar security feature supporting the project obligations; and

(B)

may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations.

(6)

Period of availability— The full amount of a line of credit under this section, to the extent not drawn upon, shall be available during the 10-year period beginning on the date of substantial completion of the project.

(7)

Rights of third-party creditors—

(A)

Against Federal Government— A third-party creditor of the obligor shall not have any right against the Federal Government with respect to any draw on a line of credit under this section.

(B)

Assignment— An obligor may assign a line of credit under this section to—

(i)

one or more lenders; or

(ii)

a trustee on the behalf of such a lender.

(8)

Nonsubordination—

(A)

In general— Except as provided in subparagraph (B), a direct loan under this section shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of the obligor.

(B)

Pre-existing indenture—

(i)

In general— The Assistant Secretary shall waive the requirement of subparagraph (A) for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture, if—

(I)

the line of credit—

(aa)

is rated in the A category or higher; or

(bb)

in the case of a small project, meets an alternative standard that the Assistant Secretary shall establish under section 31325 for purposes of this subclause;

(II)

the BIFIA program loan resulting from a draw on the line of credit is payable from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or a system-backed pledge of project revenues; and

(III)

the BIFIA program share of eligible project costs is 33 percent or less.

(ii)

Limitation— If the Assistant Secretary waives the nonsubordination requirement under this subparagraph—

(I)

the maximum credit subsidy to be paid by the Federal Government shall be not more than 10 percent of the principal amount of the secured loan; and

(II)

the obligor shall be responsible for paying the remainder of the subsidy cost.

(9)

Fees— The Assistant Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of providing a line of credit under this section.

(10)

Relationship to other credit instruments— A project that receives a line of credit under this section also shall not receive a secured loan or loan guarantee under section 31323 in an amount that, combined with the amount of the line of credit, exceeds 49 percent of eligible project costs.

(c)

Repayment—

(1)

Terms and conditions— The Assistant Secretary shall establish repayment terms and conditions for each direct loan under this section based on—

(A)

the projected cash flow from project revenues and other repayment sources; and

(B)

the useful life of the infrastructure for the provision of broadband service being financed.

(2)

Timing— All repayments of principal or interest on a direct loan under this section shall be scheduled—

(A)

to commence not later than 5 years after the end of the period of availability specified in subsection (b)(6); and

(B)

to conclude, with full repayment of principal and interest, by the date that is 25 years after the end of the period of availability specified in subsection (b)(6).

Sec. 31325 Alternative prudential lending standards for small projects

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

Sec. 31326 Program administration

(a)

Requirement— The Assistant Secretary shall establish a uniform system to service the Federal credit instruments made available under the BIFIA program.

(b)

Fees— The Assistant Secretary may collect and spend fees, contingent on authority being provided in appropriations Acts, at a level that is sufficient to cover—

(1)

the costs of services of expert firms retained pursuant to subsection (d); and

(2)

all or a portion of the costs to the Federal Government of servicing the Federal credit instruments.

(c)

Servicer—

(1)

In general— The Assistant Secretary may appoint a financial entity to assist the Assistant Secretary in servicing the Federal credit instruments.

(2)

Duties— A servicer appointed under paragraph (1) shall act as the agent for the Assistant Secretary.

(3)

Fee— A servicer appointed under paragraph (1) shall receive a servicing fee, subject to approval by the Assistant Secretary.

(d)

Assistance from expert firms— The Assistant Secretary may retain the services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments.

(e)

Expedited processing— The Assistant Secretary shall implement procedures and measures to economize the time and cost involved in obtaining approval and the issuance of credit assistance under the BIFIA program.

(f)

Assistance to small projects— Of the amount appropriated under section 31329(a), and after the set-aside for administrative expenses under section 31329(b), not less than 20 percent shall be made available for the Assistant Secretary to use in lieu of fees collected under subsection (b) for small projects.

Sec. 31327 State and local permits

The provision of credit assistance under the BIFIA program with respect to a project shall not—

(1)

relieve any recipient of the assistance of any obligation to obtain any required State or local permit or approval with respect to the project;

(2)

limit the right of any unit of State or local government to approve or regulate any rate of return on private equity invested in the project; or

(3)

otherwise supersede any State or local law (including any regulation) applicable to the construction or operation of the project.

Sec. 31328 Regulations

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

Sec. 31329 Funding

(a)

Appropriation— There are appropriated to the Assistant Secretary, out of any money in the Treasury not otherwise appropriated, $5,000,000,000 to carry out this chapter for fiscal year 2021, to remain available until expended.

(b)

Administrative expenses— Of the amount appropriated under subsection (a), the Assistant Secretary may use not more than 5 percent for the administration of the BIFIA program.

Sec. 31330 Reports to Congress

(a)

In general— Not later than 1 year after the date of the enactment of this Act, and every 2 years thereafter, the Assistant Secretary shall submit to Congress a report summarizing the financial performance of the projects that are receiving, or have received, assistance under the BIFIA program, including a recommendation as to whether the objectives of the BIFIA program are best served by—

(1)

continuing the program under the authority of the Assistant Secretary; or

(2)

establishing a Federal corporation or federally sponsored enterprise to administer the program.

(b)

Application process report—

(1)

In general— Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Assistant Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that includes a list of all of the letters of interest and applications received for assistance under the BIFIA program during the preceding fiscal year.

(2)

Inclusions—

(A)

In general— Each report under paragraph (1) shall include, at a minimum, a description of, with respect to each letter of interest and application included in the report—

(i)

the date on which the letter of interest or application was received;

(ii)

the date on which a notification was provided to the applicant regarding whether the application was complete or incomplete;

(iii)

the date on which a revised and completed application was submitted (if applicable);

(iv)

the date on which a notification was provided to the applicant regarding whether the project was approved or disapproved; and

(v)

if the project was not approved, the reason for the disapproval.

(B)

Correspondence— Each report under paragraph (1) shall include copies of any correspondence provided to the applicant in accordance with section 31322(d).

3 Wi-Fi on School Buses

Sec. 31341 E-rate support for school bus Wi-Fi

(a)

Rulemaking—

(1)

In general— Not later than 180 days after the date of the enactment of this Act, the Commission shall commence a rulemaking to make the provision of Wi-Fi access on school buses eligible for support under the E-rate program of the Commission set forth under subpart F of part 54 of title 47, Code of Federal Regulations.

(2)

Eligible recipients— Notwithstanding section 254(h)(1)(B) of the Communications Act of 1934 (47 U.S.C. 254(h)(1)(B)), the Commission shall provide in the rulemaking under paragraph (1) for State educational agencies, educational service agencies, and local educational agencies to be eligible to receive the support described in such paragraph.

(b)

Definitions— In this section:

(1)

School bus— The term school bus means a passenger motor vehicle that is—

(A)

designed to carry a driver and not less than five passengers; and

(B)

used significantly to transport—

(i)

children enrolled in an early childhood education program to or from such program or an event related to such program; or

(ii)

students enrolled in an elementary school or secondary school to or from such school or an event related to such school.

(2)

Terms defined in Elementary and Secondary Education Act of 1965— The terms early childhood education program, educational service agency, elementary school, local educational agency, secondary school, and State educational agency have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

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.”

(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.”

(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))).”

E Repeal of Rule and Prohibition on Use of NPRM

Sec. 31501 Repeal of rule and prohibition on use of NPRM

(a)

Repeal of rule— The Fourth Report and Order, Order on Reconsideration, Memorandum Opinion and Order, Notice of Proposed Rulemaking, and Notice of Inquiry in the matter of bridging the digital divide for low-income consumers, lifeline and link up reform and modernization, telecommunications carriers eligible for universal service support that was adopted by the Commission on November 16, 2017 (FCC 17–155) shall have no force or effect.

(b)

Rulemaking in reliance on universal service contribution methodology NPRM prohibited— Beginning on the date of the enactment of this Act, the Commission may not rely on the Notice of Proposed Rulemaking in the matter of universal service contribution methodology that was adopted by the Commission on May 15, 2019 (FCC 19–46), to satisfy the requirements of section 553 of title 5, United States Code, for adopting, amending, revoking, or otherwise modifying any rule (as defined in section 551 of such title) of the Commission.

(c)

Repeal of Declaratory Ruling and prohibition on use of NPRM— The Notice of Proposed Rulemaking and Declaratory Ruling in the matter of improving competitive broadband access to multiple tenant environments and petition for preemption of Article 52 of the San Francisco Police Code filed by the Multifamily Broadband Council that was adopted by the Commission on July 10, 2019 (FCC 19–65), shall have no force or effect and the Commission may not rely on such Notice of Proposed Rulemaking to satisfy the requirements of section 553 of title 5, United States Code, for adopting, amending, revoking, or otherwise modifying any rule (as defined in section 551 of such title) of the Commission.

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:

“159. Coordination of Next Generation 9–1–1 Implementation

“(a) Additional Functions of 9–1–1 Implementation Coordination Office

“(1) Authority—The Office shall implement the provisions of this section.

“(2) Management plan

“(A) Development—The Assistant Secretary and the Administrator shall develop and may modify a management plan for the grant program established under this section, including by developing—

“(i) plans related to the organizational structure of such program; and

“(ii) funding profiles for each fiscal year of the duration of such program.

“(B) Submission to Congress—Not later than 90 days after the date of the enactment of this section or 90 days after the date on which the plan is modified, as applicable, the Assistant Secretary and the Administrator shall submit the management plan developed under subparagraph (A) to—

“(i) the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and

“(ii) the Committees on Energy and Commerce and Appropriations of the House of Representatives.

“(3) Purpose of office—The Office shall—

“(A) take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to improve coordination and communication with respect to the implementation of Next Generation 9–1–1;

“(B) develop, collect, and disseminate information concerning practices, procedures, and technology used in the implementation of Next Generation 9–1–1;

“(C) advise and assist eligible entities in the preparation of implementation plans required under subsection (b)(3)(A)(iii);

“(D) receive, review, and recommend the approval or disapproval of applications for grants under subsection (b); and

“(E) oversee the use of funds provided by such grants in fulfilling such implementation plans.

“(4) Reports—The Assistant Secretary and the Administrator shall provide an annual report to Congress by the first day of October of each year on the activities of the Office to improve coordination and communication with respect to the implementation of Next Generation 9–1–1.

“(b) Next Generation 9–1–1 implementation grants

“(1) Matching grants—The Assistant Secretary and the Administrator, acting through the Office, shall provide grants to eligible entities for—

“(A) the implementation of Next Generation 9–1–1;

“(B) establishing and maintaining Next Generation 9–1–1;

“(C) training directly related to Next Generation 9–1–1;

“(D) public outreach and education on how best to use Next Generation 9–1–1 and on its capabilities and usefulness; and

“(E) administrative costs associated with planning and implementation of Next Generation 9–1–1, including costs related to planning for and preparing an application and related materials as required by this section, if—

“(i) such costs are fully documented in materials submitted to the Office; and

“(ii) such costs are reasonable and necessary and do not exceed 5 percent of the total grant award.

“(2) Matching requirement—The Federal share of the cost of a project eligible for a grant under this section shall not exceed 80 percent.

“(3) Coordination required—In providing grants under paragraph (1), the Assistant Secretary and the Administrator shall require an eligible entity to certify in its application that—

“(A) in the case of an eligible entity that is a State, the entity—

“(i) has coordinated the application with the emergency communications centers located within the jurisdiction of such entity;

“(ii) has designated a single officer or governmental body to serve as the State point of contact to coordinate the implementation of Next Generation 9–1–1 for that State, except that such designation need not vest such coordinator with direct legal authority to implement Next Generation 9–1–1 or to manage emergency communications operations; and

“(iii) has developed and submitted a State plan for the coordination and implementation of Next Generation 9–1–1 that—

“(I) ensures interoperability by requiring the use of commonly accepted standards;

“(II) enables emergency communications centers to process, analyze, and store multimedia, data, and other information;

“(III) incorporates the use of effective cybersecurity resources;

“(IV) uses open and competitive request for proposal processes, or the applicable State equivalent, for deployment of Next Generation 9–1–1;

“(V) includes input from relevant emergency communications centers, regional authorities, local authorities, and Tribal authorities; and

“(VI) includes a governance body or bodies, either by creation of new or use of existing body or bodies, for the development and deployment of Next Generation 9–1–1 that—

“(aa) includes relevant stakeholders; and

“(bb) consults and coordinates with the State point of contact required by clause (ii); or

“(B) in the case of an eligible entity that is not a State, the entity has complied with clauses (i) and (iii) of subparagraph (A), and the State in which the entity is located has complied with clause (ii) of such subparagraph.

“(4) Criteria

“(A) In general—Not later than 9 months after the date of enactment of this section, the Assistant Secretary and the Administrator shall issue regulations, after providing the public with notice and an opportunity to comment, prescribing the criteria for selection for grants under this section.

“(B) Requirements—The criteria shall—

“(i) include performance requirements and a schedule for completion of any project to be financed by a grant under this section; and

“(ii) specifically permit regional or multi-State applications for funds.

“(C) Updates—The Assistant Secretary and the Administrator shall update such regulations as necessary.

“(5) Grant certifications—Each applicant for a grant under this section shall certify to the Assistant Secretary and the Administrator at the time of application, and each applicant that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any period of time the funds from the grant are available to the applicant, that—

“(A) no portion of any designated 9–1–1 charges imposed by a State or other taxing jurisdiction within which the applicant is located are being obligated or expended for any purpose other than the purposes for which such charges are designated or presented during the period beginning 180 days immediately preceding the date on which the application was filed and continuing through the period of time during which the funds from the grant are available to the applicant;

“(B) any funds received by the applicant will be used to support deployment of Next Generation 9–1–1 that ensures interoperability by requiring the use of commonly accepted standards;

“(C) the State in which the applicant resides has established, or has committed to establish no later than 3 years following the date on which the funds are distributed to the applicant, a sustainable funding mechanism for Next Generation 9–1–1 to be deployed pursuant to the grant;

“(D) the applicant will promote interoperability between Next Generation 9–1–1 emergency communications centers and emergency response providers including users of the nationwide public safety broadband network implemented by the First Responder Network Authority;

“(E) the applicant has or will take steps to coordinate with adjoining States to establish and maintain Next Generation 9–1–1; and

“(F) the applicant has developed a plan for public outreach and education on how to best use Next Generation 9–1–1 and on its capabilities and usefulness.

“(6) Condition of grant—Each applicant for a grant under this section shall agree, as a condition of receipt of the grant, that if the State or other taxing jurisdiction within which the applicant is located, during any period of time during which the funds from the grant are available to the applicant, fails to comply with the certifications required under paragraph (5), all of the funds from such grant shall be returned to the Office.

“(7) Penalty for providing false information—Any applicant that provides a certification under paragraph (5) knowing that the information provided in the certification was false shall—

“(A) not be eligible to receive the grant under this subsection;

“(B) return any grant awarded under this subsection during the time that the certification was not valid; and

“(C) not be eligible to receive any subsequent grants under this subsection.

“(8) Prohibition—No grant funds under this subsection may be used—

“(A) for any component of the Nationwide Public Safety Broadband Network; or

“(B) to make any payments to a person who has been, for reasons of national security, prohibited by any entity of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant.

“(9) Contracting requirements—All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work carried out, in whole or in part, with a grant under this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards in this paragraph, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

“(c) Funding and termination

“(1) In general—In addition to any funds authorized for grants under section 158, there is authorized to be appropriated $12,000,000,000 for fiscal years 2021 through 2025.

“(2) Administrative costs—The Office may use up to 5 percent of the funds authorized under this subsection for reasonable and necessary administrative costs associated with the grant program.

“(d) Definitions—In this section:

“(1) 9–1–1 request for emergency assistance—The term 9–1–1 request for emergency assistance means a communication, such as voice, text, picture, multimedia, or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance.

“(2) Commonly accepted standards—The term commonly accepted standards means—

“(A) the technical standards followed by the communications industry for network, device, and Internet Protocol connectivity, including but not limited to, standards developed by the Third Generation Partnership Project (3GPP), the Institute of Electrical and Electronics Engineers (IEEE), the Alliance for Telecommunications Industry Solutions (ATIS), the Internet Engineering Taskforce (IETF), and the International Telecommunications Union (ITU); and

“(B) standards that are accredited by a recognized authority such as the American National Standards Institute (ANSI).

“(3) Designated 9–1–1 charges—The term designated 9–1–1 charges means any taxes, fees, or other charges imposed by a State or other taxing jurisdiction that are designated or presented as dedicated to deliver or improve 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1.

“(4) Eligible entity—The term eligible entity—

“(A) means a State, local government, or a tribal organization (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)));

“(B) includes public authorities, boards, commissions, and similar bodies created by one or more eligible entities described in subparagraph (A) to coordinate or provide Next Generation 9–1–1; and

“(C) does not include any entity that has failed to submit—

“(i) the certifications required under subsection (b)(5); and

“(ii) the most recently required certification under subsection (c) within 30 days after the date on which such certification is due.

“(5) Emergency communications center—The term emergency communications center means a facility that is designated to receive a 9–1–1 request for emergency assistance and perform one or more of the following functions:

“(A) Process and analyze 9–1–1 requests for emergency assistance and other gathered information.

“(B) Dispatch appropriate emergency response providers.

“(C) Transfer or exchange 9–1–1 requests for emergency assistance and other gathered information with other emergency communications centers and emergency response providers.

“(D) Analyze any communications received from emergency response providers.

“(E) Support incident command functions.

“(6) Emergency response provider—The term emergency response provider has the meaning given that term under section 2 of the Homeland Security Act (47 U.S.C. 101(6)), emergency response providers includes Federal, State, and local governmental and nongovernmental emergency public safety, fire, law enforcement, emergency response, emergency medical (including hospital emergency facilities), and related personnel, agencies, and authorities).

“(7) Interoperable—The term interoperable or interoperability means the capability of emergency communications centers to receive 9–1–1 requests for emergency assistance and related data such as location information and callback numbers from the public, then process and share the 9–1–1 requests for emergency assistance and related data with other emergency communications centers and emergency response providers, regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors, and without the need for proprietary interfaces.

“(8) Nationwide—The term nationwide means all states of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, any other territory or possession of the United States, and each federally recognized Indian Tribe.

“(9) Nationwide public safety broadband network—The term nationwide public safety broadband network has the meaning given the term in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401).

“(10) Next generation 9–1–1—The term Next Generation 9–1–1 means an interoperable, secure, Internet Protocol-based system that—

“(A) employs commonly accepted standards;

“(B) enables the appropriate emergency communications centers to receive, process, and analyze all types of 9–1–1 requests for emergency assistance;

“(C) acquires and integrates additional information useful to handling 9–1–1 requests for emergency assistance; and

“(D) supports sharing information related to 9–1–1 requests for emergency assistance among emergency communications centers and emergency response providers.

“(11) Office—The term Office means the Next Generation 9–1–1 Implementation Coordination Office established under section 158 of this title.

“(12) State—The term State means any State of the United States, the District of Columbia, Puerto Rico, American Samoa, Guam, the United States Virgin Islands, the Northern Mariana Islands, and any other territory or possession of the United States.

“(13) Sustainable funding mechanism—The term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses, including operations, maintenance, and upgrades.”

Sec. 31604 Savings provision

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

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.

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:

“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:

(b)

Study—

(1)

Independent study—

(A)

Contract— Not later than 90 days after issuing the final rule under section 30129(b) of title 49, United States Code, as added by subsection (a)(1), the Secretary shall enter into a contract with an independent third party to perform the services under this subparagraph.

(B)

Study—

(i)

In general— Under the contract between the Secretary and an independent third party under this subparagraph, the independent third party shall carry out a study on retrofitting existing passenger motor vehicles with technology that meets the safety need addressed by the motor vehicle safety standard prescribed under such section 30129(b) of title 49, United States Code, as added by subsection (a)(1).

(ii)

Elements— In carrying out the study required under clause (i), the independent third party shall—

(I)

survey and evaluate a variety of methods used by current and emerging technology or products to solve the problem of occupants being left unattended in vehicles and occupants independently accessing unoccupied vehicles;

(II)

make recommendations for manufacturers of such technology or products to undergo a functional safety performance assessment to ensure that the products perform as designed by the manufacturer under a variety of real-world conditions; and

(III)

provide recommendations for consumers on how to select such technology or products in order to retrofit existing vehicles.

(iii)

Availability through NHTSA website— The Secretary shall make the recommendations provided under clause (ii)(III) available to the public through the website of the National Highway Traffic Safety Administration.

(2)

Publication; public comment— Not later than 2 years after the date on which the Secretary issues the final rule under section 30129(b) of title 49, United States Code, as added by subsection (a)(1), the Secretary shall—

(A)

publish the study required under paragraph (1)(B) in the Federal Register; and

(B)

provide a period for public comment of not longer than 90 days after the study is published under subparagraph (A).

(3)

Submission to Congress— Not later than 90 days after the conclusion of the public comment period under paragraph (2)(B), the Secretary shall publish in the Federal Register and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives the study required by paragraph (1)(B). The submission shall include all public comments in response to the study received by the Secretary upon publication in the Federal Register.

(4)

Definitions— In this paragraph—

(A)

the term child restraint system has the meaning given that term in section 571.213 of title 49, Code of Federal Regulations (or any successor regulation);

(B)

the term independent third party means a person who does not have any financial or contractual ties with any person producing or supplying equipment for occupant detection or reminder warning systems, child restraint systems, or passenger motor vehicles;

(C)

the term passenger motor vehicle has the meaning given that term in section 32101 of title 49, United States Code; and

(D)

the term Secretary means the Secretary of Transportation.

Sec. 32002 Protecting Americans from the Risks of Keyless Ignition Technology

(a)

Definitions— In this section—

(1)

the term electric vehicle—

(A)

means a vehicle that does not include an engine and is powered solely by an external source of electricity, solar power, or both; and

(B)

does not include an electric hybrid vehicle that uses a chemical fuel such as gasoline or diesel fuel;

(2)

the term key has the meaning given the term in section 571.114 of title 49, Code of Federal Regulations (or successor regulations);

(3)

the term manufacturer has the meaning given the term in section 30102(a) of title 49, United States Code;

(4)

The term motor vehicle

(A)

has the meaning given the term in section 30102(a) of title 49, United States Code; and

(B)

does not include—

(i)

a motorcycle or trailer (as those terms are defined in section 571.3 of title 49, Code of Federal Regulations) (or successor regulations);

(ii)

any motor vehicle that is rated at more than 10,000 pounds gross vehicular weight; or

(iii)

an electric vehicle.

(5)

The term Secretary means the Secretary of Transportation.

(b)

Automatic shutoff systems for motor vehicles—

(1)

Final rule—

(A)

In general— Not later than 2 years after the date of enactment of this section, the Secretary shall issue a final rule amending section 571.114 of title 49, Code of Federal Regulations (relating to Federal Motor Vehicle Safety Standard Number 114), to require manufacturers to install technology in each motor vehicle equipped with a keyless ignition device and an internal combustion engine to automatically shut off the motor vehicle after the motor vehicle has idled for the period designated under subparagraph (B).

(B)

Period described—

(i)

In general— The period referred to in subparagraph (A) is the period designated by the Administrator of the National Highway Traffic Safety Administration as necessary to prevent carbon monoxide poisoning.

(ii)

Different periods— The Administrator of the National Highway Traffic Safety Administration may designate different periods under clause (i) for different types of motor vehicles, depending on the rate at which the motor vehicle emits carbon monoxide, if—

(I)

the Administrator determines a different period is necessary for a type of motor vehicle for purposes of section 30111 of title 49, United States Code; and

(II)

requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning.

(2)

Deadline— The rule under paragraph (1) shall become effective not later than 2 years after the date on which the Secretary issues the rule.

(c)

Preventing motor vehicles from rolling away—

(1)

Requirement— Not later than 2 years after the date of enactment of this section, the Secretary shall issue a final rule amending part 571 of title 49, Code of Federal Regulations, requiring manufacturers to install technology in motor vehicles equipped with keyless ignition devices and automatic transmissions to prevent movement of the motor vehicle if—

(A)

the transmission of the motor vehicle is not in the park setting;

(B)

the motor vehicle does not exceed the speed determined by the Secretary under paragraph (2);

(C)

the door for the operator of the motor vehicle is open;

(D)

the seat belt of the operator of the motor vehicle is unbuckled; and

(E)

the service brake of the motor vehicle is not engaged.

(2)

Determination— The Secretary shall determine the maximum speed at which a motor vehicle may be safely locked in place under the conditions described in subparagraphs (A), (C), (D), and (E) of paragraph (1) to prevent vehicle rollaways.

(3)

Deadline— The rule under paragraph (1) shall become effective not later than 2 years after the date on which the Secretary issues such rule.

Sec. 32003 21st Century Smart Cars

(a)

Crash avoidance rulemaking—

(1)

In general— Subchapter II of chapter 301 of title 49, United States Code, is amended by adding at the end the following:

“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:

(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:

“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:

Sec. 32004 Updating the 5-star safety rating system

(a)

Amendment— Section 32302 of title 49, United States Code, is amended by adding at the end the following:

“(e) Roadmap

“(1) In general—Not later than 1 year after the date of enactment of this subsection and every 2 years thereafter, the Secretary shall publish a clear and concise report on a publicly accessible website detailing efforts over the next five-year period to improve the passenger motor vehicle information developed under subsection (a).

“(2) Elements—The report required under paragraph (1) shall include—

“(A) descriptions of actions that will be taken to update the passenger motor vehicle information developed under subsection (a), including the development of test procedures, test devices, test fixtures, and safety performance metrics;

“(B) key milestones, including the anticipated start of an action, completion of an action, and effective date of an update; and

“(C) descriptions of how an update will improve the passenger motor vehicle information developed under subsection (a).

“(3) Requirements—In developing, implementing, and updating the report required under paragraph (1), the Secretary shall—

“(A) identify and prioritize features and systems that meet a known safety need and for which objective rating tests and evaluation criteria exists;

“(B) when reasonable and in the interest of improving the safety of passenger motor vehicles, harmonize the passenger motor vehicle information developed under subsection (a) with other safety information programs, including those administered internationally or by private organizations, that provide comparisons of safety characteristics of passenger motor vehicles;

“(C) establish objective criteria, including effectiveness in reducing traffic accidents and deaths and injuries resulting from traffic accidents, for the selection of safety technologies to be rated;

“(D) conduct a review not less frequently than once every 2 years to evaluate effectiveness of the passenger motor vehicle information produced under subsection (a) at improving the safety of passenger motor vehicles; and

“(E) adhere to all deadlines established under subsection (f).

“(4) Public comment—The Secretary shall provide for a period of public comment and review in developing the plan required under paragraph (1).

“(f) Immediate updates to the 5-Star safety rating system

“(1) In general—Not later than 1 year after the date of enactment of this section, the Secretary shall finalize the proceeding entitled New Car Assessment Program (80 Fed. Reg. 78521) to update the passenger motor vehicle information required under subsection (a).

“(2) Crashworthiness—In carrying out paragraph (1), the Secretary shall—

“(A) update the test procedures and devices, including anthropomorphic test devices, used in crashworthiness tests;

“(B) establish new or refine injury criteria, including head, neck, chest, abdomen, pelvis, upper leg and lower leg injury criteria, based on real-world injuries and the greatest potential to increase safety;

“(C) establish rear seat crashworthiness tests for adult (men and women) occupants in all designated seating positions;

“(D) establish crashworthiness tests for elderly occupants in all designated seating positions;

“(E) establish crashworthiness tests for children in all rear designated seating positions and ratings;

“(F) establish crashworthiness tests for seating system performance for occupants in all designated seating positions; and

“(G) ensure that crashworthiness tests account for occupancy of all designated seating positions, as applicable.

“(3) Crash avoidance—In carrying out paragraph (1), the Secretary shall update and create, as applicable, crash avoidance tests, which shall include forward automatic emergency braking, lane departure warning, blind spot warning, rear cross traffic warning, and rear automatic emergency braking.

“(4) Vulnerable road user safety—In carrying out paragraph (1), the Secretary shall—

“(A) establish crash avoidance tests to evaluate crash avoidance systems, including automatic emergency braking and rear automatic emergency braking, for crashes between a passenger motor vehicle and a pedestrian, bicyclist, or other vulnerable road user; and

“(B) establish crashworthiness tests to prevent and mitigate injury and death caused by a collision between a passenger motor vehicle and a pedestrian, bicyclist, or other vulnerable road user, including the potential risks of injuries to the head, pelvis, upper, and lower leg.

“(5) Enhancing motor vehicle information

“(A) In carrying out paragraph (1), the Secretary shall—

“(i) create a combined overall five-star vehicle rating; and

“(ii) create separate five-star ratings for—

“(I) crashworthiness for adults (women and men);

“(II) crashworthiness for elderly occupants;

“(III) crashworthiness for children;

“(IV) crash avoidance; and

“(V) pedestrian and bicyclist crashworthiness and crash avoidance.

“(B) In developing the ratings under subparagraph (A), the Secretary shall require that a vehicle can only achieve the highest rating if the systems are standard for the model.

“(C) The Secretary shall—

“(i) require manufacturers to prominently display the five-star ratings described in subparagraph (A) on Monroney labels (as required by section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232)); and

“(ii) publish the five-star safety ratings for a passenger motor vehicle on a publicly available and easily accessible (including on mobile devices) website not later than 30 days after the Secretary has provided a safety rating for a passenger motor vehicle to the manufacturer.

“(D) The ratings created under this subsection shall—

“(i) provide consumers with easy-to-understand information about vehicle safety;

“(ii) provide meaningful comparative information about the safety of vehicles; and

“(iii) provide incentives for the design of safer vehicles.

“(6) Post-crash safety

“(A) Not later than 2 years after the date of enactment of this section, the Secretary shall complete research into the development of tests for the following systems—

“(i) automatic collision notification; and

“(ii) advanced automatic collision notification.

“(B) After completion of the research required under subparagraph (A), the Secretary shall include each of the systems in the passenger motor vehicle information developed under subsection (a) not later than 3 years after the date of enactment of this section unless the Secretary determines that doing so will not improve such information.

“(C) If the Secretary determines that including one or more of the systems in subparagraph (A) will not improve the passenger motor vehicle safety information developed under subsection (a), the Secretary shall submit a report describing the reasons for not including any such system or systems to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate not later than 3 years after the date of enactment of this section. If one or more of the systems is included in another safety information program, including those administered by international or private organizations, the Secretary shall detail why the tests, or substantively similar tests, from such other safety information program were not adopted.

“(7) Advanced crash avoidance systems

“(A) Not later than 2 years after the date of enactment of this section, the Secretary shall complete research into the development of tests for the following systems—

“(i) lane keeping assistance;

“(ii) traffic jam assistance;

“(iii) driver distraction prevention, including systems to maintain driver engagement and methods for mitigating distraction from in-vehicle electronic devices;

“(iv) driver monitoring; and

“(v) intelligent speed assistance.

“(B) After completion of the research required under subparagraph (A), the Secretary shall include each of the safety systems in the crash avoidance rating not later than 3 years after the date of enactment of this section unless the Secretary determines that doing so will not improve the passenger motor vehicle safety information developed under subsection (a).

“(C) If the Secretary determines that including one or more of the safety systems in the crash avoidance rating required will not improve the passenger motor vehicle safety information developed under subsection (a), the Secretary shall, not later than 3 years after the date of enactment of this section, submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, describing the reasons for not including each of the safety systems in the crash avoidance rating. If one or more of the safety systems is included in another safety information program, including those administered by international or private organizations, the Secretary shall detail why the tests, or substantively similar tests, from such other safety information program were not adopted.

“(8) Advanced drunk driving prevention technology

“(A) Not later than 3 years after the date of enactment of this section, the Secretary shall complete research into the development of tests for advanced drunk driving prevention technology.

“(B) After completion of the research required under subparagraph (A), the Secretary shall include advanced drunk driving prevention technology in the crash avoidance rating not later than 5 years after the date of enactment of this section unless the Secretary determines that doing so will not improve the passenger motor vehicle safety information developed under subsection (a).

“(C) If the Secretary determines that including advanced drunk driving prevention technology in the crash avoidance rating will not improve the passenger motor vehicle safety information developed under subsection (a), the Secretary shall, not later than 4 years after the date of enactment of this section submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate describing the reasons for not including such technology in the crash avoidance rating. If advanced drunk driving prevention technology is included in another safety information program, including those administered by international or private organizations, the Secretary shall detail why the tests, or substantively similar tests, from such other safety information program were not adopted.

“(9) Continuous Updates

“(A) Not later than 2 years after completing the updates required under this subsection and every 2 years thereafter, the Secretary shall—

“(i) update the passenger motor vehicle information program developed under subsection (a) to expand consumer access to vehicles with improved safety in accordance with the roadmap required under subsection (e); and

“(ii) update a test or rating established pursuant to this section unless the Secretary makes a determination that updating the test or rating will not improve the safety of passenger motor vehicles.

“(B) If the Secretary makes a determination that a test or rating established pursuant to this section no longer improves the safety of passenger motor vehicles, the Secretary shall replace or eliminate that test or rating, only if the Secretary determines that a replacement test will not improve the safety of passenger motor vehicles. Should the Secretary make such a determination, the Secretary shall, within 30 days of making such a determination, complete and submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, providing an explanation for such a determination.

“(10) Reporting requirement—Should the Secretary fail to meet a deadline set forth in this subsection, the Secretary shall complete and submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate within 30 days of such deadline, providing an explanation for why the deadline was not met and a detailed plan and projected timeline for completing the requirement.”

(b)

Authorization of appropriations— There is authorized to be appropriated to the Secretary of Transportation $75,000,000 for each of fiscal years 2021 through 2026 to carry out this section and the amendments made by this section.

Sec. 32005 Advanced Drunk Driving prevention technology

(a)

Requirements—

(1)

Motor vehicle safety standard— Not later than 18 months after the date of enactment of this section, the Secretary of Transportation shall issue an advanced notice of proposed rulemaking to initiate a rulemaking to prescribe a motor vehicle safety standard under section 30111 of title 49, United States Code, that requires passenger motor vehicles manufactured after the effective date of such standard to be equipped with advanced drunk driving prevention technology.

(2)

Notice and comment— Not later than 3 years after the date of enactment of this section, the Secretary of Transportation shall issue a notice of proposed rulemaking in order to continue the rulemaking proceeding required by paragraph (1).

(3)

Final Rule—

(A)

Not later than 5 years after the date of enactment of this section, the Secretary shall prescribe a final rule containing the motor vehicle safety standard required under this subsection. The final rule shall specify an effective date that provides at least 2 years, and no more than 3 year, to allow for manufacturing compliance.

(B)

If the Secretary determines that a new motor vehicle safety standard required under this subsection cannot meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall submit a report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate describing the reasons for not prescribing such a standard.

(b)

Development— The Secretary shall work directly with manufacturers of passenger motor vehicles, suppliers, safety advocates, and other interested parties, including universities with expertise in automotive engineering, to—

(1)

accelerate the development of the advanced drunk driving prevention technology required to prescribe a motor vehicle safety standard described in subsection (a); and

(2)

ensure the integration of such technology into passenger motor vehicles available for sale at the earliest practicable date.

(c)

Definitions— In this section—

(1)

the term advanced drunk driving prevention technology means a passive system which—

(A)

monitors a driver’s performance to identify impairment of a driver;

(B)

a system which passively detects a blood alcohol level equal to and exceeding .08 blood alcohol content; or

(C)

a similar system which detects impairment and prevents or limits vehicle operation;

(2)

the term motor vehicle safety standard has the meaning given such term in section 30102 of title 49, United States Code; and

(3)

the term passenger motor vehicle has the meaning given such term in section 32101 of title 49, United States Code.

Sec. 32006 Limousine compliance with Federal Safety Standards

(a)

Limousine standards—

(1)

Safety belt and seating system standards for limousines— Not later than 2 years after the date of enactment of this section, the Secretary shall prescribe a final rule—

(A)

that amends Federal Motor Vehicle Safety Standard Numbers 208, 209, and 210 to require to be installed in limousines at each designated seating position, including on side-facing seats—

(i)

an occupant restraint system consisting of integrated lap shoulder belts; or

(ii)

an occupant restraint system consisting of a lap belt if the occupant protection system described in clause (i) does not meet the need for motor vehicle safety; and

(B)

that amends Federal Motor Vehicle Safety Standard Number 207 to require limousines to meet standards for seats (including side-facing seats), attachment assemblies, and installation to minimize the possibility of their failure by forces acting on them as a result of vehicle impact.

(2)

Report on retrofit assessment for limousines— Not later than 2 years after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that assesses the feasibility, benefits, and costs with respect to the application of any requirement established under paragraph (1) to a limousine introduced into interstate commerce before the date on which the requirement applies to a limousine.

(b)

Safety regulations of limousines— Section 30102(a)(6) of title 49, United States Code, is amended—

(1)

in subparagraph (A), by striking “or” at the end;

(2)

in subparagraph (B), by striking the period and inserting “; or”; and

(3)

by inserting at the end the following new subparagraph:

“(C) modifying a passenger motor vehicle that has already been purchased by the first purchaser (as such term is defined in subsection (b)) by increasing the wheelbase of the vehicle so that the vehicle has increased seating capacity.”

(c)

Definitions— In this section the following definitions apply:

(1)

Certified passenger motor vehicle— The term certified passenger motor vehicle means a passenger motor vehicle that has been certified in accordance with section 30115 of title 49, United States Code, to meet all applicable Federal Motor Vehicle Safety Standards.

(2)

Limousine— The term limousine means a motor vehicle—

(A)

that has a seating capacity of nine or more persons (including the driver);

(B)

with a gross vehicle weight greater than 10,000 pounds but not greater than 26,000 pounds; and

(C)

that the Secretary has decided by regulation has physical characteristics resembling a passenger car or multipurpose passenger vehicle.

(3)

Limousine operator— The term limousine operator means a person who owns or leases, and uses, the limousine to transport passengers for compensation.

(4)

Limousine remodeler— The term limousine remodeler means a person who alters or modifies by addition, substitution, or removal of components (other than readily attachable components) an incomplete vehicle, a vehicle manufactured in two or more stages, or a certified motor vehicle before or after the first purchase of the vehicle to manufacture a limousine.

(5)

Motor vehicle— The term motor vehicle has the meaning given that term in section 30102(a) of title 49, United States Code.

(6)

Passenger motor vehicle— The term passenger motor vehicle has the meaning given that term in section 32101 of title 49, United States Code.

(7)

Secretary— The term Secretary means the Secretary of Transportation.

(d)

Limousine compliance with Federal Safety Standards—

(1)

In general— Chapter 301 of subtitle VI of title 49, United States Code, is amended by section 32003, is further amended by inserting after section 30131 the following new section:

“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:

(e)

Limousine crashworthiness—

(1)

Research— Not later than 4 years after the date of enactment of this section, the Secretary shall complete research into the development of Federal Motor Vehicle Safety Standards for side impact protection, roof crush resistance, and air bag systems for the protection of occupants for limousines with perimeter seating positions, including perimeter seating arrangements.

(2)

Rulemaking or report—

(A)

Crashworthiness standards— Not later than 2 years after the completion of the research required pursuant to paragraph (1), the Secretary shall prescribe final Federal Motor Vehicle Safety Standards for side impact protection, roof crush resistance, and air bag systems for the protection of occupants for limousines with alternative seating positions if the Secretary determines that such a standard or standards meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code.

(B)

Report— If the Secretary determines that a standard or standards described in subparagraph (A) does not meet the requirements and considerations set forth in subsections (a) and (b) of section 30111 of title 49, United States Code, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the reasons for not prescribing the standard or standards and publish the report in the Federal Register.

(f)

Limousine evacuation—

(1)

Research— Not later than 2 years after the date of enactment of this section, the Secretary shall complete research into safety features and standards that aid evacuation in the event that one exit in the passenger compartment of a limousine is blocked.

(2)

Standards— Not later than 3 years after the date of enactment of this section, the Secretary shall issue Federal Motor Vehicle Safety Standards based on the results of the research under paragraph (1).

(g)

Limousine inspection disclosure—

(1)

Limousine inspection disclosure— A limousine operator may not introduce a limousine into interstate commerce unless the limousine operator has prominently disclosed in a clear and conspicuous notice, including on the website of the operator if the operator has a website, that includes—

(A)

the date of the most recent inspection of the limousine required under State or Federal law;

(B)

the results of the inspection; and

(C)

any corrective action taken by the limousine operator to ensure the limousine passed inspection.

(2)

Federal trade commission enforcement— The Commission shall enforce this subsection in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this section. Any person who violates this subsection shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act (15 U.S.C. 41 et seq.).

(3)

Savings provision— Nothing in this subsection shall be construed to limit the authority of the Federal Trade Commission under any other provision of law.

(4)

Effective date— This subsection shall take effect 180 days after the date of enactment of this section.

(h)

Event data recorders for limousines—

(1)

In general— Not later than 2 years after the date of enactment of this section, the Secretary, acting through the Administrator of the National Highway Traffic Safety Administration, shall issue a final rule requiring the use of event data recorders for limousines.

(2)

Privacy protections— Any standard promulgated under paragraph (1) pertaining to event data recorder information shall comply with the collection and sharing requirements under the FAST Act (Public Law 114–94) and any other applicable law.

Sec. 32007 Child restraint systems

(a)

Labeling requirement— Not later than 180 days after the date of enactment of this section, the Administrator of the National Highway Traffic Safety Administration shall revise Federal motor vehicle safety standard 213 prescribed under section 30111 of title 49, United States Code, to require that booster seat child restraint systems (those used in motor vehicles, as defined under such standard) contain a clear and conspicuous label, on both the packaging of such system and attached to such system the following labels:

(1)

A label stating the following: “For use of children who are over 40 lbs and four years old or older”.

(2)

A label stating the following: “Strongly recommended children use this seat only when they reach either the height or weight limit for a child harness car seat as indicated by the manufacturer”.

(3)

On the harness package, a label stating the following: “To prevent possible child injury or death it is important to delay the transition from a 5-point harness seat to a booster seat as long as possible, until the child reaches the harness’ weight or height limits as set by the manufacturer”.

(b)

Semi-Annual reporting requirement on side impact crashes—

(1)

In general— Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter until the promulgation of the final rule relating to the protection of children seated in child restraint systems during side impact crashes required under section 31501(a) of the Moving Ahead for Progress in the 21st Century Act (49 U.S.C. 30127 note), the Administrator of the National Highway Traffic Safety Administration shall submit to Congress and make publicly available on the website of the Administration a report regarding the current status of such rule.

(2)

Matters to be included— Each report required by paragraph (1) shall include, at a minimum, the following:

(A)

The current expected timeline for the promulgation of such rule.

(B)

Any technical or administrative challenges delaying the promulgation of such rule.

(C)

Any new financial resources or legislative authorities necessary to promulgate such rule.

(D)

The number of children injured or killed in side impact crashes while restrained in a 5-point harness or booster seat between the date of the enactment of the Moving Ahead for Progress in the 21st Century Act (Public Law 112–141) and the date of the report.

Sec. 32008 Motor vehicle pedestrian and cyclist protection

(a)

Rulemaking— Not later than 2 years after the date of the enactment of this Act, the Secretary of Transportation, through the Administrator of the National Highway Traffic Safety Administration, shall issue a final rule that—

(1)

establishes standards for the hood and bumper areas of motor vehicles, including passenger cars, multipurpose passenger vehicles, trucks, and buses with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less, in order to reduce the number of injuries and fatalities suffered by vulnerable road users, including pedestrians and cyclists, who are struck by such vehicles; and

(2)

considers the protection of vulnerable pedestrian and cycling populations, including children and older adults, and people with disabilities.

(b)

Compliance— The rule issued under subsection (a) shall require full compliance with minimum performance standards established by the Secretary not later than 2 years after the date on which the final rule is issued.

III Energy and Environment Infrastructure

A Infrastructure

1 Drinking Water

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:

“1459E. Assistance for community water systems affected by PFAS

“(a) Establishment—Not later than 180 days after the date of enactment of this section, the Administrator shall establish a program to award grants to affected community water systems to pay for capital costs associated with the implementation of eligible treatment technologies.

“(b) Applications

“(1) Guidance—Not later than 12 months after the date of enactment of this section, the Administrator shall publish guidance describing the form and timing for community water systems to apply for grants under this section.

“(2) Required information—The Administrator shall require a community water system applying for a grant under this section to submit—

“(A) information showing the presence of PFAS in water of the community water system; and

“(B) a certification that the treatment technology in use by the community water system at the time of application is not sufficient to remove all detectable amounts of PFAS.

“(c) List of eligible treatment technologies—Not later than 150 days after the date of enactment of this section, and every 2 years thereafter, the Administrator shall publish a list of treatment technologies that the Administrator determines are effective at removing all detectable amounts of PFAS from drinking water.

“(d) Priority for funding—In awarding grants under this section, the Administrator shall prioritize affected community water systems that—

“(1) serve a disadvantaged community;

“(2) will provide at least a 10 percent cost share for the cost of implementing an eligible treatment technology; or

“(3) demonstrate the capacity to maintain the eligible treatment technology to be implemented using the grant.

“(e) No effect on cleanup responsibility—Receipt by a community water system of a grant under this section shall have no effect on any responsibility of the Department of Defense relating to the cleanup of the applicable PFAS.

“(f) Authorization of appropriations—There is authorized to be appropriated to carry out this section not more than $500,000,000 for each of the fiscal years 2021 through 2025.

“(g) Definitions—In this section:

“(1) Affected community water system—The term affected community water system means a community water system that is affected by the presence of PFAS in the water in the community water system.

“(2) Disadvantaged community—The term disadvantaged community has the meaning given that term in section 1452.

“(3) Eligible treatment technology—The term eligible treatment technology means a treatment technology included on the list published under subsection (c).”

Sec. 33102 Definition

Section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f) is amended by adding at the end the following:

“(17) PFAS—The term PFAS means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.”

B Extensions

Sec. 33103 Funding

(a)

State revolving loan funds— Section 1452(m)(1) of the Safe Drinking Water Act (42 U.S.C. 300j–12(m)(1)) is amended—

(1)

in subparagraph (B), by striking “and”;

(2)

in subparagraph (C), by striking “2021.” and inserting “2021;”; and

(3)

by adding at the end the following:

“(D) $4,140,000,000 for fiscal year 2022;

“(E) $4,800,000,000 for fiscal year 2023; and

“(F) $5,500,000,000 for each of fiscal years 2024 and 2025.”

(b)

Indian reservation drinking water program— Section 2001(d) of America’s Water Infrastructure Act of 2018 (Public Law 115–270) is amended by striking “2022” and inserting “2025”.

(c)

Voluntary School and Child Care Program Lead Testing Grant Program— Section 1464(d)(8) of the Safe Drinking Water Act (42 U.S.C. 300j–24(d)(8)) is amended by striking “2021” and inserting “2025”.

(d)

Drinking water fountain replacement for schools— Section 1465(d) of the Safe Drinking Water Act (42 U.S.C. 300j–25(d)) is amended by striking “2021” and inserting “2025”.

(e)

Technical assistance and grants— Section 1433(g)(6) of the Safe Drinking Water Act (42 U.S.C. 300i–2(g)(6)) is amended by striking “2021” and inserting “2025”.

(f)

Grants for State programs— Section 1443(a)(7) of the Safe Drinking Water Act (42 U.S.C. 300j–2(a)(7)) is amended by striking “2021” and inserting “2025”.

Sec. 33104 American iron and steel products

Section 1452(a)(4)(A) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(4)(A)) is amended by striking “During fiscal years 2019 through 2023, funds” and inserting “Funds”.

Sec. 33105 Comprehensive lead service line replacement

Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j–19b) is amended—

(1)

in subsection (d)—

(A)

by striking “$60,000,000” and inserting “$4,500,000,000”; and

(B)

by striking “2021” and inserting “2025”; and

(2)

by adding at the end the following:

“(f) Comprehensive lead reduction projects

“(1) Grants—The Administrator shall make grants available to eligible entities for comprehensive lead reduction projects that, notwithstanding any other provision in this section, pay to fully replace all lead service lines served by the eligible entity, irrespective of the ownership of the service line and without requiring a contribution to the cost of replacement of any portion of the service line by any individual homeowner.

“(2) Priority—In making grants under paragraph (1), the Administrator shall give priority to eligible entities serving disadvantaged communities, consistent with subsection (b)(3), and environmental justice communities (with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experience, or are at risk of experiencing, higher or more adverse human health or environmental effects).

“(3) No cost-sharing—The Federal share of the cost of a project carried out pursuant to this subsection shall be 100 percent.”

C Other matters

Sec. 33106 Drinking water fountain replacement in public playgrounds and parks

(a)

In general— Part F of the Safe Drinking Water Act (42 U.S.C. 300j–21 et seq.) is amended by adding at the end the following:

“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.”

D Other Matters

Sec. 33107 Assistance for areas affected by natural disasters

Section 2020 of America’s Water Infrastructure Act of 2018 (Public Law 115–270) is amended—

(1)

in subsection (b)(1), by striking “subsection (e)(1)” and inserting “subsection (f)(1)”;

(2)

by redesignating subsections (c) through (e) as subsections (d) through (f), respectively;

(3)

by inserting after subsection (b) the following:

“(c) Assistance for territories—The Administrator may use funds made available under subsection (f)(1) to make grants to Guam, the Virgin Islands, American Samoa, and the Northern Mariana Islands for the purposes of providing assistance to eligible systems to restore or increase compliance with national primary drinking water regulations.”

(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)”.

E Other matters

Sec. 33108 Allotments for territories

Section 1452(j) of the Safe Drinking Water Act (42 U.S.C. 300j–12(j)) is amended by striking “0.33 percent” and inserting “1.5 percent”.

2 Grid Security and Modernization

Sec. 33111 21st Century Power Grid

(a)

In general— The Secretary of Energy shall establish a program to provide financial assistance to eligible partnerships to carry out projects related to the modernization of the electric grid, including—

(1)

projects for the deployment of technologies to improve monitoring of, advanced controls for, and prediction of performance of, a distribution system; and

(2)

projects related to transmission system planning and operation.

(b)

Eligible projects— Projects for which an eligible partnership may receive financial assistance under subsection (a)—

(1)

shall be designed to improve the resiliency, performance, or efficiency of the electric grid, while ensuring the continued provision of safe, secure, reliable, and affordable power;

(2)

may be designed to deploy a new product or technology that could be used by customers of an electric utility; and

(3)

shall demonstrate—

(A)

secure integration and management of energy resources, including through distributed energy generation, combined heat and power, microgrids, energy storage, electric vehicles, energy efficiency, demand response, or controllable loads; or

(B)

secure integration and interoperability of communications and information technologies related to the electric grid.

(c)

Cybersecurity plan— Each project carried out with financial assistance provided under subsection (a) shall include the development of a cybersecurity plan written in accordance with guidelines developed by the Secretary of Energy.

(d)

Privacy effects analysis— Each project carried out with financial assistance provided under subsection (a) shall include a privacy effects analysis that evaluates the project in accordance with the Voluntary Code of Conduct of the Department of Energy, commonly known as the “DataGuard Energy Data Privacy Program”, or the most recent revisions to the privacy program of the Department.

(e)

Definitions— In this section:

(1)

Eligible partnership— The term eligible partnership means a partnership consisting of two or more entities, which—

(A)

may include—

(i)

any institution of higher education;

(ii)

a National Laboratory;

(iii)

a State or a local government or other public body created by or pursuant to State law;

(iv)

an Indian Tribe;

(v)

a Federal power marketing administration; or

(vi)

an entity that develops and provides technology; and

(B)

shall include at least one of any of—

(i)

an electric utility;

(ii)

a Regional Transmission Organization; or

(iii)

an Independent System Operator.

(2)

Electric utility— The term electric utility has the meaning given that term in section 3(22) of the Federal Power Act (16 U.S.C. 796(22)), except that such term does not include an entity described in subparagraph (B) of such section.

(3)

Federal power marketing administration— The term Federal power marketing administration means the Bonneville Power Administration, the Southeastern Power Administration, the Southwestern Power Administration, or the Western Area Power Administration.

(4)

Independent system operator; regional transmission organization— The terms Independent System Operator and Regional Transmission Organization have the meanings given those terms in section 3 of the Federal Power Act (16 U.S.C. 796).

(5)

Institution of higher education— The term institution of higher education has the meaning given that term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(f)

Authorization of appropriations— There is authorized to be appropriated to the Secretary of Energy to carry out this section $700,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.

Sec. 33112 Energy efficient transformer rebate program

(a)

Definitions— In this section:

(1)

Qualified energy efficient transformer— The term qualified energy efficient transformer means a transformer that meets or exceeds the applicable energy conservation standards described in the tables in subsection (b)(2) and paragraphs (1) and (2) of subsection (c) of section 431.196 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act).

(2)

Qualified energy inefficient transformer— The term qualified energy inefficient transformer means a transformer with an equal number of phases and capacity to a transformer described in any of the tables in subsection (b)(2) and paragraphs (1) and (2) of subsection (c) of section 431.196 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act) that—

(A)

does not meet or exceed the applicable energy conservation standards described in paragraph (1); and

(B)

(i)

was manufactured between January 1, 1985, and December 31, 2006, for a transformer with an equal number of phases and capacity as a transformer described in the table in subsection (b)(2) of section 431.196 of title 10, Code of Federal Regulations (as in effect on the date of enactment of this Act); or

(ii)

was manufactured between January 1, 1990, and December 31, 2009, for a transformer with an equal number of phases and capacity as a transformer described in the table in paragraph (1) or (2) of subsection (c) of that section (as in effect on the date of enactment of this Act).

(3)

Qualified entity— The term qualified entity means an owner of industrial or manufacturing facilities, commercial buildings, or multifamily residential buildings, a utility, or an energy service company, that fulfills the requirements of subsection (c).

(b)

Establishment— Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall establish a program to provide rebates to qualified entities for expenditures made by the qualified entity for the replacement of a qualified energy inefficient transformer with a qualified energy efficient transformer.

(c)

Requirements— To be eligible to receive a rebate under this section, an entity shall submit to the Secretary of Energy an application in such form, at such time, and containing such information as the Secretary may require, including demonstrated evidence—

(1)

that the entity purchased a qualified energy efficient transformer;

(2)

of the core loss value of the qualified energy efficient transformer;

(3)

of the age of the qualified energy inefficient transformer being replaced;

(4)

of the core loss value of the qualified energy inefficient transformer being replaced—

(A)

as measured by a qualified professional or verified by the equipment manufacturer, as applicable; or

(B)

for transformers described in subsection (a)(2)(B)(i), as selected from a table of default values as determined by the Secretary in consultation with applicable industry; and

(5)

that the qualified energy inefficient transformer has been permanently decommissioned and scrapped.

(d)

Authorized amount of rebate— The amount of a rebate provided under this section shall be—

(1)

for a 3-phase or single-phase transformer with a capacity of not less than 10 and not greater than 2,500 kilovolt-amperes, twice the amount equal to the difference in watts between the core loss value (as measured in accordance with paragraphs (2) and (4) of subsection (c)) of—

(A)

the qualified energy inefficient transformer; and

(B)

the qualified energy efficient transformer; or

(2)

for a transformer described in subsection (a)(2)(B)(i), the amount determined using a table of default rebate values by rated transformer output, as measured in kilovolt-amperes, as determined by the Secretary in consultation with applicable industry.

(e)

Authorization of appropriations— There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.

Sec. 33113 Interregional transmission planning report

Not later than 6 months after the date of enactment of this Act, the Secretary of Energy shall submit to Congress a report that—

(1)

examines the effectiveness of interregional transmission planning processes for identifying transmission projects across regions that provide economic, reliability, or operational benefits, taking into consideration the public interest, the integrity of markets, and the protection of consumers;

(2)

evaluates the current architecture of regional electricity grids (including international transmission connections of such grids) that together comprise the Nation’s electricity grid, with respect to—

(A)

potential growth in renewable energy generation, including energy generation from offshore wind;

(B)

potential growth in electricity demand; and

(C)

retirement of existing electricity generation assets;

(3)

analyzes—

(A)

the range of benefits that interregional transmission provides;

(B)

the impact of basing transmission project approvals on a comprehensive assessment of the multiple benefits provided;

(C)

synchronization of processes described in paragraph (1) among neighboring regions;

(D)

how often interregional transmission planning should be completed;

(E)

whether voltage, size, or cost requirements should be a factor in the approval of interregional transmission projects;

(F)

cost allocation methodologies for interregional transmission projects; and

(G)

current barriers and challenges to construction of interregional transmission projects; and

(4)

identifies potential changes, based on the analysis under paragraph (3), to the processes described in paragraph (1) to ensure the most efficient, cost effective, and broadly beneficial transmission projects are selected for construction.

Sec. 33114 Promoting grid storage

(a)

Definitions— In this section:

(1)

Energy storage system— The term energy storage system means equipment or facilities relating to the electric grid that are capable of absorbing and converting energy, as applicable, storing the energy for a period of time, and dispatching the energy, that—

(A)

use mechanical, electrochemical, biochemical, or thermal processes, to convert and store energy that was generated at an earlier time for use at a later time;

(B)

use mechanical, electrochemical, biochemical, or thermal processes to convert and store energy generated from mechanical processes that would otherwise be wasted for delivery at a later time; or

(C)

convert and store energy in an electric, thermal, or gaseous state for direct use for heating or cooling at a later time in a manner that avoids the need to use electricity or other fuel sources at that later time, as is offered by grid-enabled water heaters.

(2)

Eligible entity— The term eligible entity means—

(A)

a State, territory, or possession of the United States;

(B)

a State energy office (as defined in section 124(a) of the Energy Policy Act of 2005 (42 U.S.C. 15821(a)));

(C)

a tribal organization (as defined in section 3765 of title 38, United States Code);

(D)

an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001));

(E)

an electric utility, including—

(i)

a rural electric cooperative;

(ii)

a political subdivision of a State, such as a municipally owned electric utility, or any agency, authority, corporation, or instrumentality of one or more State political subdivisions; and

(iii)

an investor-owned utility; and

(F)

a private energy storage company that is a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)).

(3)

Island mode— The term island mode means a mode in which a distributed generator or energy storage system continues to power a location in the absence of electric power from the primary source.

(4)

Microgrid— The term microgrid means an integrated energy system consisting of interconnected loads and distributed energy resources, including generators and energy storage systems, within clearly defined electrical boundaries that—

(A)

acts as a single controllable entity with respect to the electric grid; and

(B)

can connect to, and disconnect from, the electric grid to operate in both grid-connected mode and island mode.

(5)

Secretary— The term Secretary means the Secretary of Energy.

(b)

Energy storage research program—

(1)

In general— The Secretary shall establish a cross-cutting national program within the Department of Energy for the research of energy storage systems, including components and materials of such systems.

(2)

Additional requirements— In establishing the program under paragraph (1), the Secretary shall—

(A)

identify and coordinate across all relevant program offices throughout the Department of Energy key areas of existing and future research with respect to a portfolio of technologies and approaches;

(B)

adopt long-term cost, performance, and demonstration targets for different types of energy storage systems and for use in a variety of regions, including rural areas;

(C)

incorporate considerations of sustainability, sourcing, recycling, reuse, and disposal of materials, including critical elements, in the design of energy storage systems;

(D)

identify energy storage duration needs;

(E)

analyze the need for various types of energy storage to improve electric grid resilience and reliability; and

(F)

support research and development of advanced manufacturing technologies that have the potential to improve United States competitiveness in energy storage manufacturing.

(3)

Establishment—

(A)

In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish within the Office of Electricity of the Department of Energy a research, development, and demonstration program of grid-scale energy storage systems, in accordance with this subsection.

(B)

Goals, priorities, cost targets— The Secretary shall develop goals, priorities, and cost targets for the program.

(4)

Strategic plan—

(A)

In general— Not later than 180 days after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a 10-year strategic plan for the program.

(B)

Contents— The strategic plan submitted under subparagraph (A) shall—

(i)

identify Department of Energy programs that—

(I)

support the research and development activities described in paragraph (5) and the demonstration projects under paragraph (3) under subsection (e); and

(II)

(aa)

do not support the activities or projects described in subclause (I); but

(bb)

are important to the development of grid-scale energy storage systems and the mission of the Office of Electricity of the Department of Energy, as determined by the Secretary; and

(ii)

include expected timelines for—

(I)

the accomplishment of relevant objectives under current programs of the Department of Energy relating to grid-scale energy storage systems; and

(II)

the commencement of any new initiatives within the Department of Energy relating to grid-scale energy storage systems to accomplish those objectives.

(C)

Updates to plan— Not less frequently than once every 2 years, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Science, Space, and Technology of the House of Representatives an updated 10-year strategic plan, which shall identify, and provide a justification for, any major deviation from a previous strategic plan submitted under this paragraph.

(5)

Research and development— In carrying out the program, the Secretary shall focus research and development activities on developing cost effective energy storage systems that—

(A)

(i)

to balance day-scale needs, are capable of highly flexible power output for not less than 6 hours; and

(ii)

have a lifetime of—

(I)

not less than 8,000 cycles of discharge at full output; and

(II)

20 years of operation;

(B)

(i)

can provide power to the electric grid for durations of approximately 10 to 100 hours; and

(ii)

have a lifetime of—

(I)

not less than 1,500 cycles of discharge at full output; and

(II)

20 years of operation; and

(C)

can store energy over several months and address seasonal scale variations in supply and demand.

(6)

Cost targets— Cost targets developed by the Secretary under paragraph (3)(B) shall—

(A)

be for energy storage costs across all types of energy storage technology; and

(B)

include technology costs, installation costs, balance of services costs, and soft costs.

(7)

Testing and validation— The Secretary shall support the standardized testing and validation of energy storage systems under the program through collaboration with 1 or more National Laboratories, including the development of methodologies to independently validate energy storage technologies by performance of energy storage systems on the electric grid, including when appropriate, testing of application-driven charge and discharge protocols.

(8)

Target updates; subtargets— Not less frequently than once every 5 years during the 10-year period beginning on the date of enactment of this section, the Secretary shall—

(A)

revise the cost targets developed under paragraph (3)(B) to be more stringent, based on—

(i)

a technology-neutral approach that considers all types of energy storage deployment scenarios, including individual technologies, technology combination use profiles, and integrated control system applications;

(ii)

input from a variety of stakeholders;

(iii)

the inclusion and use of existing infrastructure; and

(iv)

the ability to optimize the integration of intermittent renewable energy generation technology and distributed energy resources; and

(B)

establish cost subtargets for technologies and applications relating to the energy storage systems described in paragraph (5), taking into consideration—

(i)

electricity market prices; and

(ii)

the goal of being cost-competitive in specific markets for electric grid products and services.

(c)

Technical assistance and grant program—

(1)

Establishment—

(A)

In general— The Secretary shall establish a technical assistance and grant program (referred to in this subsection as the program)—

(i)

to disseminate information and provide technical assistance directly to eligible entities so the eligible entities can identify, evaluate, plan, design, and develop processes to procure energy storage systems; and

(ii)

to make grants to eligible entities so that the eligible entities may contract to obtain technical assistance to identify, evaluate, plan, design, and develop processes to procure energy storage systems.

(B)

Technical assistance—

(i)

In general— The technical assistance described in subparagraph (A) shall include assistance with one or more of the following activities relating to energy storage systems:

(I)

Identification of opportunities to use energy storage systems.

(II)

Assessment of technical and economic characteristics.

(III)

Utility interconnection.

(IV)

Permitting and siting issues.

(V)

Business planning and financial analysis.

(VI)

Engineering design.

(ii)

Exclusion— The technical assistance described in subparagraph (A) shall not include assistance relating to modification of Federal, State, or local regulations or policies relating to energy storage systems.

(C)

Information dissemination— The information dissemination under subparagraph (A)(i) shall include dissemination of—

(i)

information relating to the topics described in subparagraph (B), including case studies of successful examples;

(ii)

computer software for assessment, design, and operation and maintenance of energy storage systems; and

(iii)

public databases that track the operation of existing and planned energy storage systems.

(2)

Applications—

(A)

In general— An eligible entity desiring technical assistance or grants under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(B)

Application process— The Secretary shall seek applications for technical assistance and grants under the program—

(i)

on a competitive basis; and

(ii)

on a periodic basis, but not less frequently than once every 12 months.

(C)

Priorities— In selecting eligible entities for technical assistance and grants under the program, the Secretary shall give priority to eligible entities with projects that have the greatest potential for—

(i)

strengthening the reliability of energy infrastructure and the resilience of energy infrastructure to the effects of extreme weather events, power grid failures, and interruptions in supply of fossil fuels;

(ii)

reducing the cost of energy storage systems;

(iii)

facilitating the use of renewable energy resources;

(iv)

minimizing environmental impact, including regulated air pollutants and greenhouse gas emissions;

(v)

improving the feasibility of microgrids or islanding, particularly in rural areas, including rural areas with high energy costs; and

(vi)

maximizing local job creation.

(3)

Grants— On application by an eligible entity, the Secretary may award grants to the eligible entity to provide funds to cover not more than—

(A)

100 percent of the costs of carrying out an initial assessment to identify net system benefits of using energy storage systems;

(B)

75 percent of the cost of obtaining guidance relating to methods to assess energy storage in long-term resource planning and resource procurement;

(C)

60 percent of the cost of carrying out studies to assess the cost-benefit ratio of energy storage systems; and

(D)

50 percent of the cost of obtaining guidance on complying with State and local regulatory technical standards, including siting and permitting standards.

(4)

Rules and procedures—

(A)

Rules— Not later than 180 days after the date of enactment of this Act, the Secretary shall, by rule, establish procedures for carrying out the program.

(B)

Grants— Not later than 120 days after the date on which the Secretary establishes procedures for the program under subparagraph (A), the Secretary shall issue grants under this subsection.

(5)

Reports— The Secretary shall submit to Congress and make available to the public—

(A)

not less frequently than once every 2 years, a report describing the performance of the program under this subsection, including a synthesis and analysis of any information the Secretary requires grant recipients to provide to the Secretary as a condition of receiving a grant; and

(B)

on termination of the program under this subsection, an assessment of the success of, and education provided by, the measures carried out by eligible entities under the program.

(d)

Department of Energy workshops— The Secretary shall hold one or more workshops during each of calendar years 2021 and 2023 to facilitate the sharing, across the Department of Energy, the States, local and Tribal governments, industry, and the academic research community, of research developments and new technical knowledge gained in carrying out subsections (b) and (c).

(e)

Energy storage system demonstration program—

(1)

Energy storage grant program—

(A)

Establishment— The Secretary shall establish a competitive grant program for pilot energy storage systems, as identified by the Secretary, that use either—

(i)

a single system; or

(ii)

aggregations of multiple systems.

(B)

Selection requirements— In selecting eligible entities to receive a grant under this subsection, the Secretary shall, to the maximum extent practicable—

(i)

ensure regional diversity among eligible entities that receive the grants, including participation by rural States and small States;

(ii)

ensure that specific projects selected for grants—

(I)

expand on the existing technology demonstration programs of the Department of Energy; and

(II)

are designed to achieve one or more of the objectives described in subparagraph (C);

(iii)

prioritize projects from eligible entities that do not have an energy storage system;

(iv)

give consideration to proposals from eligible entities for securing energy storage through competitive procurement or contracts for service;

(v)

prioritize projects that coordinate with the local incumbent electric utility for in-front-of-the-meter projects that do not formally involve an electric utility; and

(vi)

prioritize projects that leverage matching funds from non-Federal sources.

(C)

Objectives— Each demonstration project selected for a grant under subparagraph (A) shall include one or more of the following objectives:

(i)

To improve the security and resiliency of critical infrastructure and emergency response systems.

(ii)

To improve the reliability of the electricity transmission and distribution system, particularly in rural areas, including rural areas with high energy costs.

(iii)

To optimize electricity transmission or distribution system operation and power quality to defer or avoid costs of replacing or upgrading electric grid infrastructure, including transformers and substations.

(iv)

To supply energy at peak periods of demand on the electric grid or during periods of significant variation of electric grid supply.

(v)

To reduce peak residential and commercial loads, particularly to defer or avoid investments in new electric grid capacity.

(vi)

To advance power conversion systems to make the systems internet-connected, more efficient, able to communicate with other inverters, and able to control voltage.

(vii)

To provide ancillary services for grid stability and management.

(viii)

To integrate a renewable energy resource production source into the grid at the source or away from the source.

(ix)

To increase the feasibility of microgrids or islanding.

(x)

To enable the use of stored energy in forms other than electricity to support the natural gas system and other industrial processes.

(D)

Restriction on use of funds— Any eligible entity that receives a grant under subparagraph (A) may only use the grant to fund programs relating to the demonstration of energy storage systems connected to the electric grid, including energy storage systems sited behind a customer revenue meter.

(E)

Funding limitations—

(i)

Federal cost share— The Federal cost share of a project carried out with a grant under subparagraph (A) shall be not more than 50 percent of the total costs incurred in connection with the development, construction, acquisition of components for, or engineering of a demonstration project.

(ii)

Maximum grant— The maximum amount of a grant awarded under subparagraph (A) shall be $5,000,000.

(F)

No project ownership interest— The United States shall hold no equity or other ownership interest in an energy storage system for which a grant is provided under subparagraph (A).

(G)

Comparable wage rates— Each laborer and mechanic employed by a contractor or subcontractor in performance of construction work financed, in whole or in part, by the grant shall be paid wages at rates not less than the rates prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code.

(2)

Rules and procedures; awarding of grants—

(A)

Rules and procedures— Not later than 180 days after the date of enactment of this Act, the Secretary shall, by rule, establish procedures for carrying out the grant program under paragraph (1).

(B)

Awarding of grants— Not later than 1 year after the date on which the Secretary establishes procedures under subparagraph (A), the Secretary shall award the initial grants provided under this subsection.

(3)

Reports— The Secretary shall submit to Congress and make publicly available—

(A)

not less frequently than once every 2 years for the duration of the grant program under paragraph (1), a report describing the performance of the grant program, including a synthesis and analysis of any information the Secretary requires grant recipients to provide to the Secretary as a condition of receiving a grant; and

(B)

on termination of the grant program under paragraph (1), an assessment of the success of, and education provided by, the measures carried out by grant recipients under the grant program.

(4)

Demonstration projects—

(A)

In general— Not later than September 30, 2023, under the program, the Secretary shall, to the maximum extent practicable, enter into agreements to carry out not more than 5 grid-scale energy storage system demonstration projects.

(B)

Objectives— Each demonstration project carried out under subparagraph (A) shall be designed to further the development of the energy storage systems described in subsection (b)(5).

(f)

Authorization of appropriations— There are authorized to be appropriated—

(1)

for each of fiscal years 2021 through 2025, $175,000,000 to carry out subsection (b);

(2)

for the period of fiscal years 2021 through 2025, $100,000,000 to carry out subsection (c), to remain available until expended; and

(3)

for the period of fiscal years 2021 through 2025, $150,000,000 to carry out subsection (e), to remain available until expended.

Sec. 33115 Expanding access to sustainable energy

(a)

Definitions— In this section:

(1)

Eligible entity— The term eligible entity means—

(A)

a rural electric cooperative; or

(B)

a nonprofit organization working with at least six or more rural electric cooperatives.

(2)

Energy storage— The term energy storage means the use of equipment or facilities relating to the electric grid that are capable of absorbing and converting energy, as applicable, storing the energy for a period of time, and dispatching the energy, that—

(A)

use mechanical, electrochemical, biochemical, or thermal processes, to convert and store energy that was generated at an earlier time for use at a later time;

(B)

use mechanical, electrochemical, biochemical, or thermal processes to convert and store energy generated from mechanical processes that would otherwise be wasted for delivery at a later time; or

(C)

(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).

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.

4 Renewable energy

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

(a)

Definitions— In this section:

(1)

Beneficiary— The term beneficiary means a low-income household or a low-income household in an underserved area.

(2)

Community solar facility— The term community solar facility means a solar generating facility that—

(A)

through a voluntary program, has multiple subscribers that receive financial benefits that are directly attributable to the facility;

(B)

has a nameplate rating of 5 megawatts AC or less; and

(C)

is located in the utility distribution service territory of subscribers.

(3)

Community solar subscription— The term community solar subscription means a share in the capacity, or a proportional interest in the electricity generation, of a community solar facility.

(4)

Covered facility— The term covered facility means—

(A)

a community solar facility—

(i)

that is located in an underserved area; or

(ii)

at least 50 percent of the capacity of which is reserved for low-income households;

(B)

a solar generating facility located at a residence of a low-income household; or

(C)

a solar generating facility located at a multi-family affordable housing complex.

(5)

Covered State— The term covered State means a State with processes in place to ensure that covered facilities deliver financial benefits to low-income households.

(6)

Eligible entity— The term eligible entity means—

(A)

a nonprofit organization that provides services to low-income households or multi-family affordable housing complexes;

(B)

a developer, owner, or operator of a community solar facility that reserves a portion of the capacity of the facility for subscribers who are members of low-income households or for low-income households that otherwise financially benefit from the facility;

(C)

a covered State, or political subdivision thereof;

(D)

an Indian Tribe or a tribally owned electric utility;

(E)

a Native Hawaiian community-based organization;

(F)

any other national or regional entity that has experience developing or installing solar generating facilities for low-income households that maximize financial benefits to those households; and

(G)

an electric cooperative or municipal electric utility (as such terms are defined in section 3 of the Federal Power Act).

(7)

Eligible installation project— The term eligible installation project means a project to install a covered facility in a covered State.

(8)

Eligible planning project— The term eligible planning project means a project to carry out pre-installation activities for the development of a covered facility in a covered State.

(9)

Eligible project— The term eligible project means—

(A)

an eligible planning project; or

(B)

an eligible installation project.

(10)

Feasibility study— The term feasibility study means any activity to determine the feasibility of a specific solar generating facility, including a customer interest assessment and a siting assessment, as determined by the Secretary.

(11)

Indian Tribe— The term Indian Tribe means any Indian Tribe, band, nation, or other organized group or community, including any Alaska Native village, Regional Corporation, or Village Corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(12)

Interconnection service— The term interconnection service has the meaning given such term in section 111(d)(15) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)(15)).

(13)

Low-income household— The term low-income household means that income in relation to family size which—

(A)

is at or below 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary determines that such a higher level is necessary to carry out the purposes of this section;

(B)

is the basis on which cash assistance payments have been paid during the preceding 12-month period under titles IV and XVI of the Social Security Act (42 U.S.C. 601 et seq., 1381 et seq.) or applicable State or local law; or

(C)

if a State elects, is the basis for eligibility for assistance under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), provided that such basis is at least 200 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget.

(14)

Multi-family affordable housing complex— The term multi-family affordable housing complex means any federally subsidized affordable housing complex in which at least 50 percent of the units are reserved for low-income households.

(15)

Native Hawaiian community-based organization— The term Native Hawaiian community-based organization means any organization that is composed primarily of Native Hawaiians from a specific community and that assists in the social, cultural, and educational development of Native Hawaiians in that community.

(16)

Program— The term program means the program established under subsection (b).

(17)

Secretary— The term Secretary means the Secretary of Energy.

(18)

Solar generating facility— The term solar generating facility means—

(A)

a generator that creates electricity from light photons; and

(B)

the accompanying hardware enabling that electricity to flow—

(i)

onto the electric grid;

(ii)

into a facility or structure; or

(iii)

into an energy storage device.

(19)

State— The term State means each of the 50 States, the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, and American Samoa.

(20)

Subscriber— The term subscriber means a person who—

(A)

owns a community solar subscription, or an equivalent unit or share of the capacity or generation of a community solar facility; or

(B)

financially benefits from a community solar facility, even if the person does not own a community solar subscription for the facility.

(21)

Underserved area— The term underserved area means—

(A)

a geographical area with low or no photovoltaic solar deployment, as determined by the Secretary;

(B)

a geographical area that has low or no access to electricity, as determined by the Secretary;

(C)

a geographical area with an average annual residential retail electricity price that exceeds the national average annual residential retail electricity price (as reported by the Energy Information Agency) by 50 percent or more; or

(D)

trust land, as defined in section 3765 of title 38, United States Code.

(b)

Establishment— The Secretary shall establish a program to provide financial assistance to eligible entities—

(1)

carry out planning projects that are necessary to establish the feasibility, obtain required permits, identify beneficiaries, or secure subscribers to install a covered facility; or

(2)

install a covered facility for beneficiaries in accordance with this section.

(c)

Applications—

(1)

In general— To be eligible to receive assistance under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

(2)

Inclusion for installation assistance—

(A)

Requirements— For an eligible entity to receive assistance for a project to install a covered facility, the Secretary shall require the eligible entity to include—

(i)

information in the application that is sufficient to demonstrate that the eligible entity has obtained, or has the capacity to obtain, necessary permits, subscribers, access to an installation site, and any other items or agreements necessary to comply with an agreement under subsection (g)(1) and to complete the installation of the applicable covered facility;

(ii)

a description of the mechanism through which financial benefits will be distributed to beneficiaries or subscribers; and

(iii)

an estimate of the anticipated financial benefit for beneficiaries or subscribers.

(B)

Consideration of planning projects— The Secretary shall consider the successful completion of an eligible planning project pursuant to subsection (b)(1) by the eligible entity to be sufficient to demonstrate the ability of the eligible entity to meet the requirements of subparagraph (A)(i).

(d)

Selection—

(1)

In general— In selecting eligible projects to receive assistance under the program, the Secretary shall—

(A)

prioritize—

(i)

eligible installation projects that will result in the most financial benefit for subscribers, as determined by the Secretary;

(ii)

eligible installation projects that will result in development of covered facilities in underserved areas; and

(iii)

eligible projects that include apprenticeship, job training, or community participation as part of their application; and

(B)

ensure that such assistance is provided in a manner that results in eligible projects being carried out on a geographically diverse basis within and among covered States.

(2)

Determination of financial benefit— In determining the amount of financial benefit for low-income households of an eligible installation project, the Secretary shall ensure that all calculations for estimated household energy savings are based solely on electricity offsets from the applicable covered facility and use formulas established by the State or local government with jurisdiction over the applicable covered facility for verifiable household energy savings estimates that accrue to low-income households.

(e)

Assistance—

(1)

Form— The Secretary may provide assistance under the program in the form of a grant (which may be in the form of a rebate) or a low-interest loan.

(2)

Multiple projects for same facility—

(A)

In general— An eligible entity may apply for assistance under the program for an eligible planning project and an eligible installation project for the same covered facility.

(B)

Separate selections— Selection by the Secretary for assistance under the program of an eligible planning project does not require the Secretary to select for assistance under the program an eligible installation project for the same covered facility.

(f)

Use of assistance—

(1)

Eligible planning projects— An eligible entity receiving assistance for an eligible planning project under the program may use such assistance to pay the costs of pre-installation activities associated with an applicable covered facility, including—

(A)

feasibility studies;

(B)

permitting;

(C)

site assessment;

(D)

on-site job training, or other community-based activities directly associated with the eligible planning project; or

(E)

such other costs determined by the Secretary to be appropriate.

(2)

Eligible installation projects— An eligible entity receiving assistance for an eligible installation project under the program may use such assistance to pay the costs of—

(A)

installation of a covered facility, including costs associated with materials, permitting, labor, or site preparation;

(B)

storage technology sited at a covered facility;

(C)

interconnection service expenses;

(D)

on-site job training, or other community-based activities directly associated with the eligible installation project;

(E)

offsetting the cost of a subscription for a covered facility described in subparagraph (A) of subsection (a)(4) for subscribers that are members of a low income household; or

(F)

such other costs determined by the Secretary to be appropriate.

(g)

Administration—

(1)

Agreements—

(A)

In general— As a condition of receiving assistance under the program, an eligible entity shall enter into an agreement with the Secretary.

(B)

Requirements— An agreement entered into under this paragraph—

(i)

shall require the eligible entity to maintain such records and adopt such administrative practices as the Secretary may require to ensure compliance with the requirements of this section and the agreement;

(ii)

with respect to an eligible installation project shall require that any solar generating facility installed using assistance provided pursuant to the agreement comply with local building and safety codes and standards; and

(iii)

shall contain such other terms as the Secretary may require to ensure compliance with the requirements of this section.

(C)

Term— An agreement under this paragraph shall be for a term that begins on the date on which the agreement is entered into and ends on the date that is 2 years after the date on which the eligible entity receives assistance pursuant to the agreement, which term may be extended once for a period of not more than 1 year if the eligible entity demonstrates to the satisfaction of the Secretary that such an extension is necessary to complete the activities required by the agreement.

(2)

Use of funds— Of the funds made available to provide assistance to eligible installation projects under this section over the period of fiscal years 2021 through 2025, the Secretary shall use—

(A)

not less than 50 percent to provide assistance for eligible installation projects with respect to which low-income households make up at least 50 percent of the subscribers to the project; and

(B)

not more than 50 percent to provide assistance for eligible installation projects with respect to which low-income households make up at least 25 percent of the subscribers to the project.

(3)

Regulations— Not later than 120 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register regulations to carry out this section, which shall take effect on the date of publication.

(h)

Authorization of appropriations—

(1)

In general— There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.

(2)

Amounts for planning projects— Of the amounts appropriated pursuant to this section over the period of fiscal years 2021 through 2025, the Secretary shall use not more than 15 percent of funds to provide assistance to eligible planning projects.

(i)

Relationship to other assistance— The Secretary shall, to the extent practicable, encourage eligible entities that receive assistance under this section to leverage such funds by seeking additional funding through federally or locally subsidized weatherization and energy efficiency programs.

5 Smart Communities

Sec. 33141 3C energy program

(a)

Establishment— The Secretary of Energy shall establish a program to be known as the Cities, Counties, and Communities Energy Program (or the 3C Energy Program) to provide technical assistance and competitively awarded grants to local governments, public housing authorities, nonprofit organizations, and other entities the Secretary determines to be eligible, to incorporate clean energy into community development and revitalization efforts.

(b)

Best practice models— The Secretary of Energy shall—

(1)

provide a recipient of technical assistance or a grant under the program established under subsection (a) with best practice models that are used in jurisdictions of similar size and situation; and

(2)

assist such recipient in developing and implementing strategies to achieve its clean energy technology goals.

(c)

Authorization of appropriations— There are authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2021 through 2025.

Sec. 33142 Federal technology assistance

(a)

Smart city or community assistance pilot program—

(1)

In general— The Secretary of Energy shall develop and implement a pilot program under which the Secretary shall contract with the national laboratories to provide technical assistance to cities and communities, to improve the access of such cities and communities to expertise, competencies, and infrastructure of the national laboratories for the purpose of promoting smart city or community technologies.

(2)

Partnerships— In carrying out the program under this subsection, the Secretary of Energy shall prioritize assistance for cities and communities that have partnered with small business concerns.

(b)

Technologist in residence pilot program—

(1)

In general— The Secretary of Energy shall expand the Technologist in Residence pilot program of the Department of Energy to include partnerships between national laboratories and local governments with respect to research and development relating to smart cities and communities.

(2)

Requirements— For purposes of the partnerships entered into under paragraph (1), technologists in residence shall work with an assigned unit of local government to develop an assessment of smart city or community technologies available and appropriate to meet the objectives of the city or community, in consultation with private sector entities implementing smart city or community technologies.

(c)

Guidance— The Secretary of Energy, in consultation with the Secretary of Commerce, shall issue guidance with respect to—

(1)

the scope of the programs established and implemented under subsections (a) and (b); and

(2)

requests for proposals from local governments interested in participating in such programs.

(d)

Considerations— In establishing and implementing the programs under subsections (a) and (b), the Secretary of Energy shall seek to address the needs of small- and medium-sized cities.

(e)

Authorization of appropriations— There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2021 through 2025.

Sec. 33143 Technology demonstration grant program

(a)

In general— The Secretary of Commerce shall establish a smart city or community regional demonstration grant program under which the Secretary shall conduct demonstration projects focused on advanced smart city or community technologies and systems in a variety of communities, including small- and medium-sized cities.

(b)

Goals— The goals of the program established under subsection (a) are—

(1)

to demonstrate—

(A)

potential benefits of concentrated investments in smart city or community technologies relating to public safety that are repeatable and scalable; and

(B)

the efficiency, reliability, and resilience of civic infrastructure and services;

(2)

to facilitate the adoption of advanced smart city or community technologies and systems; and

(3)

to demonstrate protocols and standards that allow for the measurement and validation of the cost savings and performance improvements associated with the installation and use of smart city or community technologies and practices.

(c)

Demonstration projects—

(1)

Eligibility— Subject to paragraph (2), a unit of local government shall be eligible to receive a grant for a demonstration project under this section.

(2)

Cooperation— To qualify for a demonstration project under this section, a unit of local government shall agree to follow applicable best practices identified by the Secretary of Commerce and the Secretary of Energy, in consultation with industry entities, to evaluate the effectiveness of the implemented smart city or community technologies to ensure that—

(A)

technologies and interoperability can be assessed;

(B)

best practices can be shared; and

(C)

data can be shared in a public, interoperable, and transparent format.

(3)

Federal share of cost of technology investments— The Secretary of Commerce—

(A)

subject to subparagraph (B), shall provide to a unit of local government selected under this section for the conduct of a demonstration project a grant in an amount equal to not more than 50 percent of the total cost of technology investments to incorporate and assess smart city or community technologies in the applicable jurisdiction; but

(B)

may waive the cost-share requirement of subparagraph (A) as the Secretary determines to be appropriate.

(d)

Requirement— In conducting demonstration projects under this section, the Secretary shall—

(1)

develop competitive, technology-neutral requirements;

(2)

seek to leverage ongoing or existing civic infrastructure investments; and

(3)

take into consideration the non-Federal cost share as a competitive criterion in applicant selection in order to leverage non-Federal investment.

(e)

Public availability of data and reports— The Secretary of Commerce shall ensure that reports, public data sets, schematics, diagrams, and other works created using a grant provided under this section are—

(1)

available on a royalty-free, non-exclusive basis; and

(2)

open to the public to reproduce, publish, or otherwise use, without cost.

(f)

Authorization of appropriations— There are authorized to be appropriated to carry out subsection (c) $100,000,000 for each of fiscal years 2021 through 2025.

Sec. 33144 Smart city or community

(a)

In general— In this chapter, the term smart city or community means a community in which innovative, advanced, and trustworthy information and communication technologies and related mechanisms are applied—

(1)

to improve the quality of life for residents;

(2)

to increase the efficiency and cost effectiveness of civic operations and services;

(3)

to promote economic growth; and

(4)

to create a community that is safer and more secure, sustainable, resilient, livable, and workable.

(b)

Inclusions— The term smart city or community includes a local jurisdiction that—

(1)

gathers and incorporates data from systems, devices, and sensors embedded in civic systems and infrastructure to improve the effectiveness and efficiency of civic operations and services;

(2)

aggregates and analyzes gathered data;

(3)

communicates the analysis and data in a variety of formats;

(4)

makes corresponding improvements to civic systems and services based on gathered data; and

(5)

integrates measures—

(A)

to ensure the resilience of civic systems against cybersecurity threats and physical and social vulnerabilities and breaches;

(B)

to protect the private data of residents; and

(C)

to measure the impact of smart city or community technologies on the effectiveness and efficiency of civic operations and services.

Sec. 33145 Clean cities coalition program

(a)

In general— The Secretary shall carry out a program to be known as the Clean Cities Coalition Program.

(b)

Program elements— In carrying out the program under subsection (a), the Secretary shall—

(1)

establish criteria for designating local and regional Clean Cities Coalitions;

(2)

designate local and regional Clean Cities Coalitions that the Secretary determines meet the criteria established under paragraph (1);

(3)

make awards to each designated Clean Cities Coalition for administrative and program expenses of the coalition;

(4)

make competitive awards to designated Clean Cities Coalitions for projects and activities described in subsection (c);

(5)

provide technical assistance and training to designated Clean Cities Coalitions;

(6)

provide opportunities for communication and sharing of best practices among designated Clean Cities Coalitions; and

(7)

maintain, and make available to the public, a centralized database of information included in the reports submitted under subsection (d).

(c)

Projects and activities— Projects and activities eligible for awards under subsection (b)(4) are projects and activities that reduce petroleum consumption, improve air quality, promote energy and economic security, and encourage deployment of a diverse, domestic supply of alternative fuels in the transportation sector by—

(1)

encouraging the purchase and use of alternative fuel vehicles and alternative fuels, including by fleet managers;

(2)

expediting the establishment of local, regional, and national infrastructure to fuel alternative fuel vehicles;

(3)

advancing the use of other petroleum fuel reduction technologies and strategies;

(4)

conducting outreach and education activities to advance the use of alternative fuels and alternative fuel vehicles;

(5)

providing training and technical assistance and tools to users that adopt petroleum fuel reduction technologies; or

(6)

collaborating with and training officials and first responders with responsibility for permitting and enforcing fire, building, and other safety codes related to the deployment and use of alternative fuels or alternative fuel vehicles.

(d)

Annual report— Each designated Clean Cities Coalition shall submit an annual report to the Secretary on the activities and accomplishments of the coalition.

(e)

Definitions— In this section:

(1)

Alternative fuel— The term alternative fuel has the meaning given such term in section 32901 of title 49, United States Code.

(2)

Alternative fuel vehicle— The term alternative fuel vehicle means any vehicle that is capable of operating, partially or exclusively, on an alternative fuel.

(3)

Secretary— The term Secretary means the Secretary of Energy.

(f)

Funding—

(1)

Authorization of appropriations— There are authorized to be appropriated to carry out this section—

(A)

$50,000,000 for fiscal year 2021;

(B)

$60,000,000 for fiscal year 2022;

(C)

$75,000,000 for fiscal year 2023;

(D)

$90,000,000 for fiscal year 2024; and

(E)

$100,000,000 for fiscal year 2025.

(2)

Allocations— The Secretary shall allocate funds made available to carry out this section in each fiscal year as follows:

(A)

Thirty percent of such funds shall be distributed as awards under subsection (b)(3).

(B)

Fifty percent of such funds shall be distributed as competitive awards under subsection (b)(4).

(C)

Twenty percent of such funds shall be used to carry out the duties of the Secretary under this section.

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.”

7 Indian Energy

Sec. 33161 Indian energy

(a)

Definition of Indian land— Section 2601(2) of the Energy Policy Act of 1992 (25 U.S.C. 3501(2)) is amended—

(1)

in subparagraph (B)(iii), by striking “and”;

(2)

in subparagraph (C), by striking “land.” and inserting “land; and”; and

(3)

by adding at the end the following subparagraph:

“(D) any land in a census tract in which the majority of the residents are Natives (as defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b))).”

(b)

Reduction of cost share— Section 2602(b)(5) of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended by adding at the end the following subparagraph:

“(D) The Director may reduce any applicable cost share required of an Indian tribe, intertribal organization, or tribal energy development organization in order to receive a grant under this subsection to not less than 10 percent if the Indian tribe, intertribal organization, or tribal energy development organization meets criteria developed by the Director, including financial need.

“(E) Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall not apply to grants provided under this subsection.”

(c)

Authorization— Section 2602(b)(7) of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amended by striking “$20,000,000 for each of fiscal years 2006 through 2016” and inserting “$50,000,000 for each of fiscal years 2021 through 2025”.

Sec. 33162 Report on electricity access and reliability

(a)

Assessment— The Secretary of Energy shall conduct an assessment of the status of access to electricity by households residing in Tribal communities or on Indian land, and the reliability of electric service available to households residing in Tribal communities or on Indian land, as compared to the status of access to and reliability of electricity within neighboring States or within the State in which Indian land is located.

(b)

Consultation— The Secretary of Energy shall consult with Indian Tribes, Tribal organizations, the North American Electricity Reliability Corporation, and the Federal Energy Regulatory Commission in the development and conduct of the assessment under subsection (a). Indian Tribes and Tribal organizations shall have the opportunity to review and make recommendations regarding the development of the assessment and the findings of the assessment, prior to the submission of the report under subsection (c).

(c)

Report— Not later than 18 months after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of the assessment conducted under subsection (a), which shall include—

(1)

a description of generation, transmission, and distribution assets available to provide electricity to households residing in Tribal communities or on Indian land;

(2)

a survey of the retail and wholesale prices of electricity available to households residing in Tribal communities or on Indian land;

(3)

a description of participation of Tribal members in the electric utility workforce, including the workforce for construction and maintenance of renewable energy resources and distributed energy resources;

(4)

the percentage of households residing in Tribal communities or on Indian land that do not have access to electricity;

(5)

the potential of distributed energy resources to provide electricity to households residing in Tribal communities or on Indian land;

(6)

the potential for tribally-owned electric utilities or electric utility assets to participate in or benefit from regional electricity markets;

(7)

a description of the barriers to providing access to electric service to households residing in Tribal communities or on Indian land; and

(8)

recommendations to improve access to and reliability of electric service for households residing in Tribal communities or on Indian land.

(d)

Definitions— In this section:

(1)

Tribal member— The term Tribal member means a person who is an enrolled member of a federally recognized Tribe or village.

(2)

Tribal community— The term Tribal community means a community in a United States census tract in which the majority of residents are persons who are enrolled members of a federally recognized Tribe or village.

8 Hydropower and Dam Safety

Sec. 33171 Hydroelectric production incentives and efficiency improvements

(a)

Hydroelectric production incentives— Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is amended—

(1)

in subsection (b), by striking paragraph (1) and inserting the following:

“(1) Qualified hydroelectric facility—The term qualified hydroelectric facility means a turbine or other generating device owned or solely operated by a non-Federal entity—

“(A) that generates hydroelectric energy for sale; and

“(B)

“(i) that is added to an existing dam or conduit; or

“(ii)

“(I) that has a generating capacity of not more than 10 megawatts;

“(II) for which the non-Federal entity has received a construction authorization from the Federal Energy Regulatory Commission, if applicable; and

“(III) that is constructed in a region in which there is inadequate electric service, as determined by the Secretary.”

(2)

in subsection (c), by striking “10” and inserting “22”;

(3)

in subsection (e)(2), by striking “section 29(d)(2)(B)” and inserting “section 45K(d)(2)(B)”;

(4)

in subsection (f), by striking “20” and inserting “32”; and

(5)

in subsection (g), by striking “each of the fiscal years 2006 through 2015” and inserting “each of fiscal years 2019 through 2036”.

(b)

Hydroelectric efficiency improvement— Section 243(c) of the Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended by striking “each of the fiscal years 2006 through 2015” and inserting “each of fiscal years 2019 through 2036”.

Sec. 33172 FERC briefing on Edenville Dam and Sanford Dam failures

Not later than 90 days after the date on which the Forensic Investigation Team submits to the Federal Energy Regulatory Commission the reports on the root causes, and any other contributing causes, of the Edenville Dam and Sanford Dam failures, the Federal Energy Regulatory Commission shall conduct a briefing for, and submit a report summarizing such briefing to, the Committee on Energy and Commerce of the House of Representatives that includes—

(1)

an explanation of the findings of the Forensic Investigation Team reports on the root causes, and any other contributing causes, of the Edenville Dam and Sanford Dam failures;

(2)

a determination of whether the dam safety procedures of the Federal Energy Regulatory Commission should be revised in light of the lessons learned from such reports;

(3)

a determination of whether additional safety inspections of dams should be required after large storms;

(4)

a determination of whether the safety requirements and testing protocols for dams adequately account for the projected effects of climate change and atmospheric rivers on dams; and

(5)

a determination of whether additional actions should be taken to ensure the safety of dams that operate without an emergency spillway.

Sec. 33173 Dam safety conditions

Section 10 of the Federal Power Act (16 U.S.C. 803) is amended by adding at the end the following:

“(k) That the dam and other project works meet the Commission’s dam safety requirements and that the licensee shall continue to manage, operate, and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the license.”

Sec. 33174 Dam safety requirements

Section 15 of the Federal Power Act (16 U.S.C. 808) is amended by adding at the end the following:

“(g) The Commission may issue a new license under this section only if the Commission determines that the dam and other project works covered by the license meet the Commission’s dam safety requirements and that the licensee can continue to manage, operate, and maintain the dam and other project works in a manner that ensures dam safety and public safety under the operating conditions of the new license.”

Sec. 33175 Viability procedures

The Federal Energy Regulatory Commission shall establish procedures to assess the financial viability of an applicant for a license under the Federal Power Act to meet applicable dam safety requirements and to operate the dam and project works under the license.

Sec. 33176 FERC dam safety technical conference with States

(a)

Technical conference— Not later than April 1, 2021, the Federal Energy Regulatory Commission, acting through the Office of Energy Projects, shall hold a technical conference with the States to discuss and provide information on—

(1)

dam maintenance and repair;

(2)

Risk Informed Decision Making (RIDM);

(3)

climate and hydrological regional changes that may affect the structural integrity of dams; and

(4)

high hazard dams.

(b)

Authorization of appropriations— There is authorized to be appropriated to carry out this section $1,000,000 for fiscal year 2021.

(c)

State defined— In this section, the term “State” has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).

Sec. 33177 Required dam safety communications between FERC and States

(a)

In general— The Commission, acting through the Office of Energy Projects, shall notify a State within which a project is located when—

(1)

the Commission issues a finding, following a dam safety inspection, that requires the licensee for such project to take actions to repair the dam and other project works that are the subject of such finding;

(2)

after a period of 5 years starting on the date a finding under paragraph (1) is issued, the licensee has failed to take actions to repair the dam and other project works, as required by such finding; and

(3)

the Commission initiates a non-compliance proceeding or otherwise takes steps to revoke a license issued under section 4 of the Federal Power Act (16 U.S.C. 797) due to the failure of a licensee to take actions to repair a dam and other project works.

(b)

Notice upon revocation, surrender, or implied surrender of a license— If the Commission issues an order to revoke a license or approve the surrender or implied surrender of a license under the Federal Power Act (16 U.S.C. 792 et seq.), the Commission shall provide to the State within which the project that relates to such license is located—

(1)

all records pertaining to the structure and operation of the applicable dam and other project works, including, as applicable, any dam safety inspection reports by independent consultants, specifications for required repairs or maintenance of such dam and other project works that have not been completed, and estimates of the costs for such repairs or maintenance;

(2)

all records documenting the history of maintenance or repair work for the applicable dam and other project works;

(3)

information on the age of the dam and other project works and the hazard classification of the dam and other project works;

(4)

the most recent assessment of the condition of the dam and other project works by the Commission;

(5)

as applicable, the most recent hydrologic information used to determine the potential maximum flood for the dam and other project works; and

(6)

the results of the most recent risk assessment completed on the dam and other project works.

(c)

Definition— In this section:

(1)

Commission— The term “Commission” means the Federal Energy Regulatory Commission.

(2)

Licensee— The term “licensee” has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).

(3)

Project— The term “project” has the meaning given such term in section 3 of the Federal Power Act (16 U.S.C. 796).

Sec. 33178 Consideration of invasive species

Section 18 of the Federal Power Act (16 U.S.C. 811) is amended by inserting “In prescribing a fishway, the Secretary of Commerce or the Secretary of the Interior, as appropriate, shall consider the threat of invasive species.” before “The license applicant and any party to the proceeding shall be entitled to a determination on the record,”.

9 Loan Program Office Reform

Sec. 33181 Loan program office title XVII reform

(a)

Terms and conditions— Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended—

(1)

by amending subsection (b) to read as follows:

“(b) Specific appropriation or contribution

“(1) In general—Except as provided in paragraph (2), the cost of a guarantee shall be paid by the Secretary using an appropriation made for the cost of the guarantee, subject to the availability of such an appropriation.

“(2) Insufficient appropriations—If sufficient appropriated funds to pay the cost of a guarantee are not available, then the guarantee shall not be made unless—

“(A) the Secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the Treasury; or

“(B) a combination of one or more appropriations and one or more payments from the borrower under this subsection has been made that is sufficient to cover the cost of the guarantee.”

(2)

in subsection (h)(1), by striking “charge and collect fees” and inserting “charge, and collect at the financial close of the obligation, fees”; and

(3)

by adding at the end the following:

“(l) Application status

“(1) Request—If the Secretary does not make a final decision on an application for a guarantee under this section by the date that is 270 days after receipt of the application by the Secretary, on that date and every 90 days thereafter until the final decision is made, the applicant may request that the Secretary provide to the applicant a description of the status of the application.

“(2) Response—Not later than 10 days after receiving a request from an applicant under paragraph (1), the Secretary shall provide to the applicant a response that includes—

“(A) a summary of any factors that are delaying a final decision on the application; and

“(B) an estimate of when review of the application will be completed.”

(b)

Project eligibility expansion— Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 16513) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by inserting “, utilize” after “reduce”; and

(B)

in paragraph (2), by striking “.” and inserting the following:

“(A) a system of technologies that combine existing technologies in an innovative manner;

“(B) projects containing elements of commercial technologies in combination with new or significantly improved technologies; or

“(C) projects that incorporate new and innovative platform technologies developed outside the energy sector that enable modernization of existing energy infrastructure and systems.”

(2)

in subsection (b)—

(A)

in paragraph (5)—

(i)

by adding “, utilization,” after “capture”; and

(ii)

by inserting “and technologies that capture greenhouse gases already airborne” after “sequester carbon”; and

(B)

by adding at the end the following:

“(11) Energy storage technologies, including battery storage technologies, for residential, industrial, and transportation applications.

“(12) Technologies and systems for reducing high global warming potential pollutants, including methane leakage from natural gas transmission and distribution infrastructure.

“(13) Manufacturing and deployment of nuclear supply components for advanced nuclear reactors.

“(14) System-level energy management solutions.

“(15) Application of platform technologies, including data analytics, artificial intelligence, and other software to improve the energy efficiency and effectiveness of energy infrastructure, including electric grid operations.

“(16) Energy-water use efficiency in water resources infrastructure and water-using technologies.

“(17) Innovative technologies for improving the resilience or reliability of existing energy infrastructure.”

(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.”

10 Climate Action Planning for Ports

Sec. 33191 Grants To reduce greenhouse gas emissions at ports

(a)

Grants— The Administrator of the Environmental Protection Agency may award grants to eligible entities—

(1)

to implement plans to reduce greenhouse gas emissions at one or more ports or port facilities within the jurisdictions of the respective eligible entities; and

(2)

to develop climate action plans described in subsection (b)(2).

(b)

Application—

(1)

In general— To seek a grant under this section, an eligible entity shall submit an application to the Administrator of the Environmental Protection Agency at such time, in such manner, and containing such information and assurances as the Administrator may require.

(2)

Climate action plan— At a minimum, each such application shall contain—

(A)

a detailed and strategic plan, to be known as a climate action plan, that outlines how the eligible entity will develop and implement climate change mitigation or adaptation measures through the grant; or

(B)

a request pursuant to subsection (a)(2) for funding for the development of a climate action plan.

(3)

Required components— A climate action plan under paragraph (2) shall demonstrate that the measures proposed to be implemented through the grant—

(A)

will reduce greenhouse gas emissions at the port or port facilities involved pursuant to greenhouse gas emission reduction goals set forth in the climate action plan;

(B)

will reduce other air pollutants at the port or port facilities involved pursuant to criteria pollutant emission reduction goals set forth in the climate action plan;

(C)

will implement emissions accounting and inventory practices to determine baseline emissions and measure progress; and

(D)

will ensure labor protections for workers employed directly at the port or port facilities involved, including by—

(i)

demonstrating that implementation of the measures proposed to be implemented through the grant will not result in a net loss of jobs at the port or port facilities involved;

(ii)

ensuring that laborers and mechanics employed by contractors and subcontractors on construction projects to implement the plan will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under sections 3141 through 3144, 3146, and 3147 of title 40, United States Code; and

(iii)

requiring any projects initiated to carry out the plan with total capital costs of $1,000,000 or greater to utilize a project labor agreement and not impact any preexisting project labor agreement.

(4)

Other components— In addition to the components required by paragraph (3), a climate action plan under paragraph (2) shall demonstrate that the measures proposed to be implemented through the grant will do at least two of the following:

(A)

Improve energy efficiency at a port or port facility, including by using—

(i)

energy-efficient vehicles, such as hybrid, low-emission, or zero-emission vehicles;

(ii)

energy efficient cargo-handling, harbor vessels, or storage facilities such as energy-efficient refrigeration equipment;

(iii)

energy-efficient lighting;

(iv)

shore power; or

(v)

other energy efficiency improvements.

(B)

Deploy technology or processes that reduce idling of vehicles at a port or port facility.

(C)

Reduce the direct emissions of greenhouse gases and other air pollutants with a goal of achieving zero emissions, including by replacing and retrofitting equipment (including vehicles onsite, cargo-handling equipment, or harbor vessels) at a port or port facility.

(5)

Prohibited use— An eligible entity may not use a grant provided under this section—

(A)

to purchase fully automated cargo handling equipment;

(B)

to build, or plan to build, terminal infrastructure that is designed for fully automated cargo handling equipment;

(C)

to purchase, test, or develop highly automated trucks, chassis, or any related equipment that can be used to transport containerized freight; or

(D)

to utilize any independent contractor, independent owner-operator, or other entity that does not use employees to perform any work on the port or port facilities.

(6)

Coordination with stakeholders— In developing a climate action plan under paragraph (2), an eligible entity shall—

(A)

identify and collaborate with stakeholders who may be affected by the plan, including local environmental justice communities and other near-port communities;

(B)

address the potential cumulative effects of the plan on stakeholders when those effects may have a community-level impact; and

(C)

ensure effective advance communication with stakeholders to avoid and minimize conflicts.

(c)

Priority— In awarding grants under this section, the Administrator of the Environmental Protection Agency shall give priority to applicants proposing—

(1)

to strive for zero emissions as a key strategy within the grantee’s climate action plan under paragraph (2);

(2)

to take a regional approach to reducing greenhouse gas emissions at ports;

(3)

to collaborate with near-port communities to identify and implement mutual solutions to reduce air pollutants at ports or port facilities affecting such communities, with emphasis given to implementation of such solutions in near-port communities that are environmental justice communities;

(4)

to implement activities with off-site benefits, such as by reducing air pollutants from vehicles, equipment, and vessels at sites other than the port or port facilities involved; and

(5)

to reduce localized health risk pursuant to health risk reduction goals that are set within the grantee’s climate action plan under paragraph (2).

(d)

Model methodologies— The Administrator of the Environmental Protection Agency shall—

(1)

develop model methodologies which grantees under this section may choose to use for emissions accounting and inventory practices referred to in subsection (b)(3)(C); and

(2)

ensure that such methodologies are designed to measure progress in reducing air pollution at near-port communities.

(e)

Definitions— In this section:

(1)

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

The term cargo-handling equipment includes—

(A)

ship-to-shore container cranes and other cranes;

(B)

container-handling equipment; and

(C)

equipment for moving or handling cargo, including trucks, reachstackers, toploaders, and forklifts.

(3)

The term eligible entity means—

(A)

a port authority;

(B)

a State, regional, local, or Tribal agency that has jurisdiction over a port authority or a port;

(C)

an air pollution control district; or

(D)

a private entity (including any nonprofit organization) that—

(i)

applies for a grant under this section in collaboration with an entity described in subparagraph (A), (B), or (C) ; and

(ii)

owns, operates, or uses a port facility, cargo equipment, transportation equipment, related technology, or a warehouse facility at a port or port facility.

(4)

The term environmental justice community means a community with significant representation of communities of color, low-income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects.

(5)

The term harbor vessel includes a ship, boat, lighter, or maritime vessel designed for service at and around harbors and ports.

(6)

The term inland port means a logistics or distribution hub that is located inland from navigable waters, where cargo, such as break-bulk cargo or cargo in shipping containers, is processed, stored, and transferred between trucks, rail cars, or aircraft.

(7)

The term port includes an inland port.

(8)

The term stakeholder means residents, community groups, businesses, business owners, labor unions, commission members, or groups from which a near-port community draws its resources that—

(A)

have interest in the climate action plan of a grantee under this section; or

(B)

can affect or be affected by the objectives and policies of such a climate action plan.

(f)

Authorization of appropriations—

(1)

In general— To carry out this section, there is authorized to be appropriated $250,000,000 for each of fiscal years 2021 through 2025.

(2)

Development of climate action plans— In addition to the authorization of appropriations in paragraph (1), there is authorized to be appropriated for grants pursuant to subsection (a)(2) to develop climate action plans $50,000,000 for fiscal year 2021, to remain available until expended.

11 Clean Energy and Sustainability Accelerator

Sec. 33192 Clean Energy and Sustainability Accelerator

Title XVI of the Energy Policy Act of 2005 (Public Law 109–58, as amended) is amended by adding at the end the following new subtitle:

“C Clean Energy and Sustainability Accelerator

“1621. Definitions

“In this subtitle:

“(1) Accelerator—The term Accelerator means the Clean Energy and Sustainability Accelerator established under section 1622.

“(2) Board—The term Board means the Board of Directors of the Accelerator.

“(3) Chief executive officer—The term chief executive officer means the chief executive officer of the Accelerator.

“(4) Climate-impacted communities—The term climate-impacted communities includes—

“(A) communities of color, which include any geographically distinct area the population of color of which is higher than the average population of color of the State in which the community is located;

“(B) communities that are already or are likely to be the first communities to feel the direct negative effects of climate change;

“(C) distressed neighborhoods, demonstrated by indicators of need, including poverty, childhood obesity rates, academic failure, and rates of juvenile delinquency, adjudication, or incarceration;

“(D) low-income communities, defined as any census block group in which 30 percent or more of the population are individuals with low income;

“(E) low-income households, defined as a household with annual income equal to, or less than, the greater of—

“(i) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and

“(ii) 200 percent of the Federal poverty line; and

“(F) rural areas, which include any area other than—

“(i) a city or town that has a population of greater than 50,000 inhabitants; and

“(ii) any urbanized area contiguous and adjacent to a city or town described in clause (i).

“(5) Climate resilient infrastructure—The term climate resilient infrastructure means any project that builds or enhances infrastructure so that such infrastructure—

“(A) is planned, designed, and operated in a way that anticipates, prepares for, and adapts to changing climate conditions; and

“(B) can withstand, respond to, and recover rapidly from disruptions caused by these climate conditions.

“(6) Electrification—The term electrification means the installation, construction, or use of end-use electric technology that replaces existing fossil-fuel-based technology.

“(7) Energy efficiency—The term energy efficiency means any project, technology, function, or measure that results in the reduction of energy use required to achieve the same level of service or output prior to the application of such project, technology, function, or measure, or substantially reduces greenhouse gas emissions relative to emissions that would have occurred prior to the application of such project, technology, function, or measure.

“(8) Fuel switching—The term fuel switching means any project that replaces a fossil-fuel-based heating system with an electric-powered system or one powered by biomass-generated heat.

“(9) Green bank—The term green bank means a dedicated public or nonprofit specialized finance entity that—

“(A) is designed to drive private capital into market gaps for low- and zero-emission goods and services;

“(B) uses finance tools to mitigate climate change;

“(C) does not take deposits;

“(D) is funded by government, public, private, or charitable contributions; and

“(E) invests or finances projects—

“(i) alone; or

“(ii) in conjunction with other investors.

“(10) Qualified projects—The terms qualified projects means the following kinds of technologies and activities that are eligible for financing and investment from the Clean Energy and Sustainability Accelerator, either directly or through State and local green banks funded by the Clean Energy and Sustainability Accelerator:

“(A) Renewable energy generation, including the following:

“(i) Solar.

“(ii) Wind.

“(iii) Geothermal.

“(iv) Hydropower.

“(v) Ocean and hydrokinetic.

“(vi) Fuel cell.

“(B) Building energy efficiency, fuel switching, and electrification.

“(C) Industrial decarbonization.

“(D) Grid technology such as transmission, distribution, and storage to support clean energy distribution, including smart-grid applications.

“(E) Agriculture and forestry projects that reduce net greenhouse gas emissions.

“(F) Clean transportation, including the following:

“(i) Battery electric vehicles.

“(ii) Plug-in hybrid electric vehicles.

“(iii) Hydrogen vehicles.

“(iv) Other zero-emissions fueled vehicles.

“(v) Related vehicle charging and fueling infrastructure.

“(G) Climate resilient infrastructure.

“(H) Any other key areas identified by the Board as consistent with the mandate of the Accelerator as described in section 1623.

“(11) Renewable energy generation—The term renewable energy generation means electricity created by sources that are continually replenished by nature, such as the sun, wind, and water.

“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.).

“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.

“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.

“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.

“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.

“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.

“1628. Board of Directors

“(a) In general—The Accelerator shall operate under the direction of a Board of Directors, which shall be composed of seven members.

“(b) Initial composition and terms

“(1) Selection—The initial members of the Board shall be selected as follows:

“(A) Appointed members—Three members shall be appointed by the President, with the advice and consent of the Senate, of whom no more than two shall belong to the same political party.

“(B) Elected members—Four members shall be elected unanimously by the three members appointed and confirmed pursuant to subparagraph (A).

“(2) Terms—The terms of the initial members of the Board shall be as follows:

“(A) The three members appointed and confirmed under paragraph (1)(A) shall have initial 5-year terms.

“(B) Of the four members elected under paragraph (1)(B), two shall have initial 3-year terms, and two shall have initial 4-year terms.

“(c) Subsequent composition and terms

“(1) Selection—Except for the selection of the initial members of the Board for their initial terms under subsection (b), the members of the Board shall be elected by the members of the Board.

“(2) Disqualification—A member of the Board shall be disqualified from voting for any position on the Board for which such member is a candidate.

“(3) Terms—All members elected pursuant to paragraph (1) shall have a term of 5 years.

“(d) Qualifications—The members of the Board shall collectively have expertise in—

“(1) the fields of clean energy, electric utilities, industrial decarbonization, clean transportation, resiliency, and agriculture and forestry practices;

“(2) climate change science;

“(3) finance and investments; and

“(4) environmental justice and matters related to the energy and environmental needs of climate-impacted communities.

“(e) Restriction on membership—No officer or employee of the Federal or any other level of government may be appointed or elected as a member of the Board.

“(f) Quorum—Five members of the Board shall constitute a quorum.

“(g) Bylaws

“(1) In general—The Board shall adopt, and may amend, such bylaws as are necessary for the proper management and functioning of the Accelerator.

“(2) Officers—In the bylaws described in paragraph (1), the Board shall—

“(A) designate the officers of the Accelerator; and

“(B) prescribe the duties of those officers.

“(h) Vacancies—Any vacancy on the Board shall be filled through election by the Board.

“(i) Interim appointments—A member elected to fill a vacancy occurring before the expiration of the term for which the predecessor of that member was appointed or elected shall serve for the remainder of the term for which the predecessor of that member was appointed or elected.

“(j) Reappointment—A member of the Board may be elected for not more than one additional term of service as a member of the Board.

“(k) Continuation of service—A member of the Board whose term has expired may continue to serve on the Board until the date on which a successor member is elected.

“(l) Chief executive officer—The Board shall appoint a chief executive officer who shall be responsible for—

“(1) hiring employees of the Accelerator;

“(2) establishing the two divisions of the Accelerator described in sections 1624 and 1625; and

“(3) performing any other tasks necessary for the day-to-day operations of the Accelerator.

“(m) Advisory committee

“(1) Establishment—The Accelerator shall establish an advisory committee (in this subsection referred to as the “advisory committee”), which shall be composed of not more than 13 members appointed by the Board on the recommendation of the president of the Accelerator.

“(2) Members—Members of the advisory committee shall be broadly representative of interests concerned with the environment, production, commerce, finance, agriculture, forestry, labor, services, and State Government. Of such members—

“(A) not fewer than three shall be representatives of the small business community;

“(B) not fewer than two shall be representatives of the labor community, except that no two members may be from the same labor union;

“(C) not fewer than two shall be representatives of the environmental nongovernmental organization community, except that no two members may be from the same environmental organization;

“(D) not fewer than two shall be representatives of the environmental justice nongovernmental organization community, except that no two members may be from the same environmental organization;

“(E) not fewer than two shall be representatives of the consumer protection and fair lending community, except that no two members may be from the same consumer protection or fair lending organization; and

“(F) not fewer than two shall be representatives of the financial services industry with knowledge of and experience in financing transactions for clean energy and other sustainable infrastructure assets.

“(3) Meetings—The advisory committee shall meet not less frequently than once each quarter.

“(4) Duties—The advisory committee shall—

“(A) advise the Accelerator on the programs undertaken by the Accelerator; and

“(B) submit to the Congress an annual report with comments from the advisory committee on the extent to which the Accelerator is meeting the mandate described in section 1623, including any suggestions for improvement.

“(n) Chief risk officer

“(1) Appointment—Subject to the approval of the Board, the chief executive officer shall appoint a chief risk officer from among individuals with experience at a senior level in financial risk management, who—

“(A) shall report directly to the Board; and

“(B) shall be removable only by a majority vote of the Board.

“(2) Duties—The chief risk officer, in coordination with the risk management and audit committees established under section 1631, shall develop, implement, and manage a comprehensive process for identifying, assessing, monitoring, and limiting risks to the Accelerator, including the overall portfolio diversification of the Accelerator.

“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.

“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.

“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.

“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.”

12 Carbon capture utilization and storage

Sec. 33193 Supporting carbon capture utilization and storage

(a)

Repeal of clean coal power initiative— Subtitle A of title IV of the Energy Policy Act of 2005 (42 U.S.C. 15961 et seq.) is repealed.

(b)

Fossil energy objectives— Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C. 16291(a)) is amended by adding at the end the following:

“(8) Improving the conversion, use, and storage of carbon dioxide from fossil fuels.

“(9) Lowering greenhouse gas emissions across the fossil fuel cycle to the maximum extent possible, including emissions from all fossil fuel production, generation, delivery, and utilization.

“(10) Preventing, predicting, monitoring, and mitigating the unintended leaking of methane, carbon dioxide, and other fossil fuel-related emissions into the atmosphere.

“(11) Reducing water use, improving water reuse, and minimizing the surface and subsurface environmental impact of the development of unconventional domestic oil and natural gas resources.

“(12) Developing carbon removal and utilization technologies, products, and methods that result in net reductions in greenhouse gas emissions, including direct air capture and storage and carbon use and reuse for commercial application.”

(c)

Carbon capture and utilization technology commercialization program—

(1)

Establishment— The Secretary of Energy shall establish a carbon capture and utilization technology commercialization program to significantly improve the efficiency, effectiveness, cost, and environmental performance of fossil fuel-fired facilities.

(2)

Inclusions— The program shall include funding for—

(A)

front end engineering design studies for commercial demonstration projects for at least three types of advanced carbon capture technology and at least one type of direct air capture technology;

(B)

commercial demonstration of advanced carbon capture technology projects intended to produce a standard design specification for up to five demonstrations of a particular technology type;

(C)

commercial demonstration of direct air capture technology projects intended to produce a standard design specification for up to 5 demonstrations of a particular technology type; and

(D)

commercialization projects of large-scale carbon dioxide storage sites in saline geological formations that are designed to accept at least 10,000,000 tons per year of carbon dioxide, including activities exploring, categorizing, and developing storage sites and necessary pipeline infrastructure.

(3)

Funding—

(A)

Authorization of appropriations— There are authorized to be appropriated for activities—

(i)

under paragraph (2)(A), $100,000,000 for each of fiscal years 2021 through 2025, and such sums as may be necessary for fiscal years 2026 through 2030;

(ii)

under paragraph (2)(B), $1,500,000,000 for each of fiscal years 2021 through 2025, and such sums as may be necessary for fiscal years 2026 through 2030;

(iii)

under paragraph (2)(C), $250,000,000 for each of fiscal years 2021 through 2025, and such sums as may be necessary for fiscal years 2026 through 2030; and

(iv)

under paragraph (2)(D), $500,000,000 for each of fiscal years 2021 through 2025, and such sums as may be necessary for fiscal years 2026 through 2030.

(B)

Cost sharing— Federal grants under this section shall be limited as follows:

(i)

For activities under paragraph (2)(A), the Secretary shall provide not more than 80 percent of project funds.

(ii)

For activities under any of subparagraphs (B) through (D) of paragraph (2), the Secretary shall provide not more than 50 percent of project funds.

(d)

Direct air capture technology prize program—

(1)

Definitions— In this subsection:

(A)

Qualified carbon dioxide—

(i)

In general— The term qualified carbon dioxide means any carbon dioxide that—

(I)

is captured directly from the ambient air; and

(II)

is measured at the source of capture and verified at the point of disposal, injection, or utilization.

(ii)

Inclusion— The term qualified carbon dioxide includes the initial deposit of captured carbon dioxide used as a tertiary injectant.

(iii)

Exclusion— The term qualified carbon dioxide does not include carbon dioxide that is recaptured, recycled, and reinjected as part of the enhanced oil and natural gas recovery process.

(B)

Qualified direct air capture facility—

(i)

In general— Subject to clause (ii), the term qualified direct air capture facility means any facility that—

(I)

uses carbon capture equipment to capture carbon dioxide directly from the ambient air; and

(II)

captures more than 10,000 metric tons of qualified carbon dioxide annually.

(ii)

Exclusion— The term qualified direct air capture facility does not include any facility that captures carbon dioxide—

(I)

that is deliberately released from naturally occurring subsurface springs; or

(II)

using natural photosynthesis.

(2)

Establishment— Not later than 1 year after the date of enactment of this section, the Secretary of Energy, in consultation with the Administrator of the Environmental Protection Agency, shall establish a direct air capture prize program designed to significantly reward development, demonstration, and deployment of direct air capture technologies.

(3)

Direct air capture prize program—

(A)

Awards— Under the prize program, the Secretary shall provide financial awards in a competitive setting equally for each ton of qualified carbon dioxide captured by a qualified direct air capture facility until appropriated funds are expended. The prize per metric ton shall not exceed—

(i)

$180 for qualified carbon dioxide captured and stored in saline storage formations;

(ii)

a lesser amount as determined by the Secretary for qualified carbon dioxide captured and stored in conjunction with enhanced oil recovery operations; or

(iii)

a lesser amount as determined by the Secretary for qualified carbon dioxide captured and utilized in any activity consistent with section 45Q(f)(5) of the Internal Revenue Code of 1986 (26 U.S.C. 45Q(f)(5)).

(B)

Administration—

(i)

Requirements— Not later than 1 year after the date of enactment of this section, the Administrator, in consultation with the Secretary, shall submit requirements for qualifying metric tons of carbon dioxide. In carrying out this clause, the Administrator shall develop specific requirements for—

(I)

the process of applying for prizes; and

(II)

the demonstration of performance of approved projects.

(ii)

Determination— For purposes of determining the amount of metric tons of qualified carbon dioxide eligible for prizes under clause (i), the amount shall be equal to the net metric tons of carbon dioxide removal demonstrated by the recipient, subject to the requirements set forth by the Administrator under such clause.

(C)

Schedule of payment— The Secretary shall award prizes on an annual basis to qualified direct air capture facilities for metric tons of qualified carbon dioxide captured and verified at the point of disposal, injection, or utilization.

(4)

Authorization of appropriations— There are authorized to be appropriated to carry out this subsection $200,000,000 for the period of fiscal years 2021 through 2025, and $400,000,000 for the period of fiscal years 2026 through 2030, to remain available until expended.

(e)

Increased funding for injection well permitting—

(1)

Authorization of appropriations— For activities involved in the permitting by the Administrator of the Environmental Protection Agency of Class VI wells for the injection of carbon dioxide for the purpose of geologic sequestration in accordance with the requirements of the Safe Drinking Water Act (42 U.S.C. 300f et seq.) and regulations promulgated thereunder by the Administrator on December 10, 2010 (75 Fed. Reg. 77230), there are authorized to be appropriated $5,000,000 for each of fiscal years 2021 through 2025, and such sums as may be necessary for fiscal years 2026 through 2030.

(2)

State permitting programs—

(A)

Grants— The Administrator shall provide grants to States that receive program approval for permitting Class VI wells for the injection of carbon dioxide pursuant to section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h–1), for the purpose of defraying State expenses related to the establishment and operation of such State permitting programs.

(B)

Authorization of appropriations— For State grants described in subparagraph (A), there are authorized to be appropriated $50,000,000 for the period of fiscal years 2021 through 2025, and such sums as may be necessary for fiscal years 2026 through 2030.

B Energy Efficiency

1 Energy Efficiency Retrofits

A HOPE for HOMES

Sec. 33201 Definitions

In this subchapter:

(1)

Contractor certification— The term contractor certification means an industry recognized certification that may be obtained by a residential contractor to advance the expertise and education of the contractor in energy efficiency retrofits of residential buildings, including—

(A)

a certification provided by—

(i)

the Building Performance Institute;

(ii)

the Air Conditioning Contractors of America;

(iii)

the National Comfort Institute;

(iv)

the North American Technician Excellence;

(v)

RESNET;

(vi)

the United States Green Building Council; or

(vii)

Home Innovation Research Labs; and

(B)

any other certification the Secretary determines appropriate for purposes of the Home Energy Savings Retrofit Rebate Program.

(2)

Contractor company— The term contractor company means a company—

(A)

the business of which is to provide services to residential building owners with respect to HVAC systems, insulation, air sealing, or other services that are approved by the Secretary;

(B)

that holds the licenses and insurance required by the State in which the company provides services; and

(C)

that provides services for which a partial system rebate, measured performance rebate, or modeled performance rebate may be provided pursuant to the Home Energy Savings Retrofit Rebate Program.

(3)

Energy audit— The term energy audit means an inspection, survey, and analysis of the energy use of a building, including the building envelope and HVAC system.

(4)

Home— The term home means a residential dwelling unit in a building with no more than 4 dwelling units that—

(A)

is located in the United States;

(B)

was constructed before the date of enactment of this Act; and

(C)

is occupied at least 6 months out of the year.

(5)

Home Energy Savings Retrofit Rebate Program— The term Home Energy Savings Retrofit Rebate Program means the Home Energy Savings Retrofit Rebate Program established under section 33203.

(6)

Homeowner— The term homeowner means the owner of an owner-occupied home or a tenant-occupied home.

(7)

Home valuation certification— The term home valuation certification means the following home assessments:

(A)

Home Energy Score.

(B)

PEARL Certification.

(C)

National Green Building Standard.

(D)

LEED.

(E)

Any other assessment the Secretary determines to be appropriate.

(8)

HOPE Qualification— The term HOPE Qualification means the qualification described in section 33202B.

(9)

HOPE training credit— The term HOPE training credit means a HOPE training task credit or a HOPE training supplemental credit.

(10)

HOPE training task credit— The term HOPE training task credit means a credit described in section 33202A(a).

(11)

HOPE training supplemental credit— The term HOPE training supplemental credit means a credit described in section 33202A(b).

(12)

HVAC system— The term HVAC system means a system—

(A)

consisting of a heating component, a ventilation component, and an air-conditioning component; and

(B)

which components may include central air conditioning, a heat pump, a furnace, a boiler, a rooftop unit, and a window unit.

(13)

Measured performance rebate— The term measured performance rebate means a rebate provided in accordance with section 33203B and described in subsection (e) of that section.

(14)

Modeled performance rebate— The term modeled performance rebate means a rebate provided in accordance with section 33203B and described in subsection (d) of that section.

(15)

Moderate income— The term moderate income means, with respect to a household, a household with an annual income that is less than 80 percent of the area median income, as determined annually by the Department of Housing and Urban Development.

(16)

Partial system rebate— The term partial system rebate means a rebate provided in accordance with section 33203A.

(17)

Secretary— The term Secretary means the Secretary of Energy.

(18)

State— The term State includes—

(A)

a State;

(B)

the District of Columbia;

(C)

the Commonwealth of Puerto Rico;

(D)

Guam;

(E)

American Samoa;

(F)

the Commonwealth of the Northern Mariana Islands;

(G)

the United States Virgin Islands; and

(H)

any other territory or possession of the United States.

(19)

State energy office— The term State energy office means the office or agency of a State responsible for developing the State energy conservation plan for the State under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322).

1 HOPE Training

Sec. 33202 Notice for HOPE Qualification training and grants

Not later than 30 days after the date of enactment of this Act, the Secretary, acting through the Director of the Building Technologies Office of the Department of Energy, shall issue a notice that includes—

(1)

criteria established under section 33202A for approval by the Secretary of courses for which credits may be issued for purposes of a HOPE Qualification;

(2)

a list of courses that meet such criteria and are so approved; and

(3)

information on how individuals and entities may apply for grants under this part.

Sec. 33202A Course criteria

(a)

HOPE training task credit—

(1)

Criteria— The Secretary shall establish criteria for approval of a course for which a credit, to be known as a HOPE training task credit, may be issued, including that such course—

(A)

is equivalent to at least 30 hours in total course time;

(B)

is accredited by the Interstate Renewable Energy Council or is determined to be equivalent by the Secretary;

(C)

is, with respect to a particular job, aligned with the relevant National Renewable Energy Laboratory Job Task Analysis, or other credentialing program foundation that helps identify the necessary core knowledge areas, critical work functions, or skills, as approved by the Secretary;

(D)

has established learning objectives; and

(E)

includes, as the Secretary determines appropriate, an appropriate assessment of such learning objectives that may include a final exam, to be proctored on-site or through remote proctoring, or an in-person field exam.

(2)

Included courses— The Secretary shall approve one or more courses that meet the criteria described in paragraph (1) for training related to—

(A)

contractor certification;

(B)

energy auditing or assessment;

(C)

home energy systems (including HVAC systems);

(D)

insulation installation and air leakage control;

(E)

health and safety regarding the installation of energy efficiency measures or health and safety impacts associated with energy efficiency retrofits; and

(F)

indoor air quality.

(b)

HOPE training supplemental credit criteria— The Secretary shall establish criteria for approval of a course for which a credit, to be known as a HOPE training supplemental credit, may be issued, including that such course provides—

(1)

training related to—

(A)

small business success, including management, home energy efficiency software, or general accounting principles;

(B)

the issuance of a home valuation certification;

(C)

the use of wifi-enabled technology in an energy efficiency upgrade; or

(D)

understanding and being able to participate in the Home Energy Savings Retrofit Rebate Program; and

(2)

as the Secretary determines appropriate, an appropriate assessment of such training that may include a final exam, to be proctored on-site or through remote proctoring, or an in-person field exam.

(c)

Existing approved courses— The Secretary may approve a course that meets the applicable criteria established under this section that is approved by the applicable State energy office or relevant State agency with oversight authority for residential energy efficiency programs.

(d)

In-Person and online training— An online course approved pursuant to this section may be conducted in-person, but may not be offered exclusively in-person.

Sec. 33202B HOPE Qualification

(a)

Issuance of credits—

(1)

In general— The Secretary, or an entity authorized by the Secretary pursuant to paragraph (2), may issue—

(A)

a HOPE training task credit to any individual that completes a course that meets applicable criteria under section 33202A; and

(B)

a HOPE training supplemental credit to any individual that completes a course that meets the applicable criteria under section 33202A.

(2)

Other entities— The Secretary may authorize a State energy office implementing an authorized program under subsection (b)(2), an organization described in section 33202C(b), and any other entity the Secretary determines appropriate, to issue HOPE training credits in accordance with paragraph (1).

(b)

HOPE Qualification—

(1)

In general— The Secretary may certify that an individual has achieved a qualification, to be known as a HOPE Qualification, that indicates that the individual has received at least three HOPE training credits, of which at least two shall be HOPE training task credits.

(2)

State programs— The Secretary may authorize a State energy office to implement a program to provide HOPE Qualifications in accordance with this part.

Sec. 33202C Grants

(a)

In general— The Secretary shall, to the extent amounts are made available in appropriations Acts for such purposes, provide grants to support the training of individuals toward the completion of a HOPE Qualification.

(b)

Provider organizations—

(1)

In general— The Secretary may provide a grant of up to $20,000 under this section to an organization to provide training online, including establishing, modifying, or maintaining the online systems, staff time, and software and online program management, through a course that meets the applicable criteria established under section 33202A.

(2)

Criteria— In order to receive a grant under this subsection, an organization shall be—

(A)

a nonprofit organization;

(B)

an educational institution; or

(C)

an organization that has experience providing training to contractors that work with the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.) or equivalent experience, as determined by the Secretary.

(3)

Additional certifications— In addition to any grant provided under paragraph (1), the Secretary may provide an organization up to $5,000 for each additional course for which a HOPE training credit may be issued that is offered by the organization.

(c)

Contractor company— The Secretary may provide a grant under this section of $1,000 per employee to a contractor company, up to a maximum of $10,000, to reimburse the contractor company for training costs for employees, and any home technology support needed for an employee to receive training pursuant to this section. Grant funds provided under this subsection may be used to support wages of employees during training.

(d)

Trainees— The Secretary may provide a grant of up to $1,000 under this section to an individual who receives a HOPE Qualification.

(e)

State energy office— The Secretary may provide a grant under this section to a State energy office of up to $25,000 to implement an authorized program under section 33202B(b).

Sec. 33202D Authorization of appropriations

There is authorized to be appropriated to carry out this part $500,000,000 for the period of fiscal years 2021 through 2025, to remain available until expended.

2 Home Energy Savings Retrofit Rebate Program

Sec. 33203 Establishment of Home Energy Savings Retrofit Rebate Program

The Secretary shall establish a program, to be known as the Home Energy Savings Retrofit Rebate Program, to—

(1)

provide rebates in accordance with section 33203A; and

(2)

provide grants to States to carry out programs to provide rebates in accordance with section 33203B.

Sec. 33203A Partial system rebates

(a)

Amount of rebate— In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide a homeowner a rebate, to be known as a partial system rebate, of, except as provided in section 33203C, up to—

(1)

$800 for the purchase and installation of insulation and air sealing within a home of the homeowner; and

(2)

$1,500 for the purchase and installation of insulation and air sealing within a home of the homeowner and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, of such home.

(b)

Specifications—

(1)

Cost— The amount of a partial system rebate provided under this section shall, except as provided in section 33203C, not exceed 30 percent of cost of the purchase and installation of insulation and air sealing under subsection (a)(1), or the purchase and installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, under subsection (a)(2). Labor may be included in such cost but may not exceed—

(A)

in the case of a rebate under subsection (a)(1), 50 percent of such cost; and

(B)

in the case of a rebate under subsection (a)(2), 25 percent of such cost.

(2)

Replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system— In order to qualify for a partial system rebate described in subsection (a)(2)—

(A)

any HVAC system, heating component of an HVAC system, or cooling component of an HVAC system installed shall be Energy Star Most Efficient certified;

(B)

installation of such an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, shall be completed in accordance with standards specified by the Secretary that are at least as stringent as the applicable guidelines of the Air Conditioning Contractors of America that are in effect on the date of enactment of this Act;

(C)

if ducts are present, replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system shall include duct sealing; and

(D)

the installation of insulation and air sealing shall occur within 6 months of the replacement of the HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system.

(c)

Additional incentives for contractors— In carrying out the Home Energy Savings Retrofit Rebate Program, the Secretary may provide a $250 payment to a contractor per home for which—

(1)

a partial system rebate is provided under this section for the installation of insulation and air sealing, or installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, by the contractor;

(2)

the applicable homeowner has signed and submitted to the Secretary a release form made available pursuant to section 33203E(b) authorizing the contractor access to information in the utility bills of the homeowner; and

(3)

the contractor inputs, into the Department of Energy’s Building Performance Database—

(A)

the energy usage for the home for the 12 months preceding, and the 24 months following, the installation of insulation and air sealing or installation of insulation and air sealing and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system;

(B)

a description of such installation or installation and replacement; and

(C)

the total cost to the homeowner for such installation or installation and replacement.

(d)

Process—

(1)

Forms; rebate processing system— Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of the Treasury, shall—

(A)

develop and make available rebate forms required to receive a partial system rebate under this section;

(B)

establish a Federal rebate processing system which shall serve as a database and information technology system that will allow homeowners to submit required rebate forms; and

(C)

establish a website that provides information on partial system rebates provided under this section, including how to determine whether particular measures qualify for a rebate under this section and how to receive such a rebate.

(2)

Submission of forms— In order to receive a partial system rebate under this section, a homeowner shall submit the required rebate forms, and any other information the Secretary determines appropriate, to the Federal rebate processing system established pursuant to paragraph (1).

(e)

Funding—

(1)

Limitation— For each fiscal year, the Secretary may not use more than 50 percent of the amounts made available to carry out this part to carry out this section.

(2)

Allocation— The Secretary shall allocate amounts made available to carry out this section for partial system rebates among the States using the same formula as is used to allocate funds for States under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).

Sec. 33203B State administered rebates

(a)

Funding— In carrying out the Home Energy Savings Retrofit Rebate Program, and subject to the availability of appropriations for such purpose, the Secretary shall provide grants to States to carry out programs to provide rebates in accordance with this section.

(b)

State participation—

(1)

Plan— In order to receive a grant under this section a State shall submit to the Secretary an application that includes a plan to implement a State program that meets the minimum criteria under subsection (c).

(2)

Approval— Not later than 60 days after receipt of a completed application for a grant under this section, the Secretary shall either approve the application or provide to the applicant an explanation for denying the application.

(c)

Minimum criteria for State programs— Not later than 6 months after the date of enactment of this Act, the Secretary shall establish and publish minimum criteria for a State program to meet to qualify for funding under this section, including—

(1)

that the State program be carried out by the applicable State energy office or its designee;

(2)

that a rebate be provided under a State program only for a home energy efficiency retrofit that—

(A)

is completed by a contractor who meets minimum training requirements and certification requirements set forth by the Secretary;

(B)

includes installation of one or more home energy efficiency retrofit measures for a home that together are modeled to achieve, or are shown to achieve, a reduction in home energy use of 20 percent or more from the baseline energy use of the home;

(C)

does not include installation of any measure that the Secretary determines does not improve the thermal energy performance of the home, such as a pool pump, pool heater, spa, or EV charger; and

(D)

includes, after installation of the applicable home energy efficiency retrofit measures, a test-out procedure conducted in accordance with guidelines issued by the Secretary of such measures to ensure—

(i)

the safe operation of all systems post retrofit; and

(ii)

that all improvements are included in, and have been installed according to—

(I)

manufacturers installation specifications; and

(II)

all applicable State and local codes or equivalent standards approved by the Secretary;

(3)

that the State program utilize—

(A)

for purposes of modeled performance rebates, modeling software approved by the Secretary for determining and documenting the baseline energy use of a home and the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit; and

(B)

for purposes of measured performance rebates, methods and procedures approved by the Secretary for determining and documenting the baseline energy use of a home and the reductions in home energy use resulting from the implementation of a home energy efficiency retrofit, including methods and procedures for use of advanced metering infrastructure, weather-normalized data, and open source standards, to measure such baseline energy use and such reductions in home energy use;

(4)

that the State program include implementation of a quality assurance program—

(A)

to ensure that home energy efficiency retrofits are achieving the stated level of energy savings, that efficiency measures were installed correctly, and that work is performed in accordance with procedures developed by the Secretary, including through quality-control inspections for a portion of home energy efficiency retrofits completed by each applicable contractor; and

(B)

under which a quality-control inspection of a home energy efficiency retrofit is performed by a quality assurance provider who—

(i)

is independent of the contractor for such retrofit; and

(ii)

will confirm that such contractor is a contractor who meets minimum training requirements and certification requirements set forth by the Secretary;

(5)

that the State program include requirements for a homeowner, contractor, or rebate aggregator to claim a rebate, including that the homeowner, contractor, or rebate aggregator submit any applicable forms approved by the Secretary to the State, including a copy of the certificate provided by the applicable contractor certifying projected or measured reduction of home energy use;

(6)

that the State program may include requirements for an entity to be eligible to serve as a rebate aggregator to facilitate the delivery of rebates to homeowners or contractors;

(7)

that the State program include procedures for a homeowner to transfer the right to claim a rebate to the contractor performing the applicable home energy efficiency retrofit or to a rebate aggregator that works with the contractor; and

(8)

that the State program provide that a homeowner, contractor, or rebate aggregator may claim more than one rebate under the State program, and may claim a rebate under the State program after receiving a partial system rebate under section 33203A, provided that no 2 rebates may be provided with respect to a home using the same baseline energy use of such home.

(d)

Modeled performance rebates—

(1)

In general— In carrying out a State program under this section, a State may provide a homeowner, contractor, or rebate aggregator a rebate, to be known as a modeled performance rebate, for an energy audit of a home and a home energy efficiency retrofit that is projected, using modeling software approved by the Secretary, to reduce home energy use by at least 20 percent.

(2)

Amount—

(A)

In general— Except as provided in section 33203C, and subject to subparagraph (B), the amount of a modeled performance rebate provided under a State program shall be equal to 50 percent of the cost of the applicable energy audit of a home and home energy efficiency retrofit, including the cost of diagnostic procedures, labor, reporting, and modeling.

(B)

Limitation— Except as provided in section 33203C, with respect to an energy audit and home energy efficiency retrofit that is projected to reduce home energy use by—

(i)

at least 20 percent, but less than 40 percent, the maximum amount of a modeled performance rebate shall be $2,000; and

(ii)

at least 40 percent, the maximum amount of a modeled performance rebate shall be $4,000.

(e)

Measured performance rebates—

(1)

In general— In carrying out a State program under this section, a State may provide a homeowner, contractor, or rebate aggregator a rebate, to be known as a measured performance rebate, for a home energy efficiency retrofit that reduces home energy use by at least 20 percent as measured using methods and procedures approved by the Secretary.

(2)

Amount—

(A)

In general— Except as provided in section 33203C, and subject to subparagraph (B), the amount of a measured performance rebate provided under a State program shall be equal to 50 percent of the cost, including the cost of diagnostic procedures, labor, reporting, and energy measurement, of the applicable home energy efficiency retrofit.

(B)

Limitation— Except as provided in section 33203C, with respect to a home energy efficiency retrofit that is measured as reducing home energy use by—

(i)

at least 20 percent, but less than 40 percent, the maximum amount of a measured performance rebate shall be $2,000; and

(ii)

at least 40 percent, the maximum amount of a measured performance rebate shall be $4,000.

(f)

Coordination of rebate and existing State-Sponsored or utility-Sponsored programs— A State that receives a grant under this section is encouraged to work with State agencies, energy utilities, nonprofits, and other entities—

(1)

to assist in marketing the availability of the rebates under the applicable State program;

(2)

to coordinate with utility or State managed financing programs;

(3)

to assist in implementation of the applicable State program, including installation of home energy efficiency retrofits; and

(4)

to coordinate with existing quality assurance programs.

(g)

Administration and oversight—

(1)

Review of approved modeling software— The Secretary shall, on an annual basis, list and review all modeling software approved for use in determining and documenting the reductions in home energy use for purposes of modeled performance rebates under subsection (d). In approving such modeling software each year, the Secretary shall ensure that modeling software approved for a year will result in modeling of energy efficiency gains for any type of home energy efficiency retrofit that is at least as substantial as the modeling of energy efficiency gains for such type of home energy efficiency retrofit using the modeling software approved for the previous year.

(2)

Oversight— If the Secretary determines that a State is not implementing a State program that was approved pursuant to subsection (b) and that meets the minimum criteria under subsection (c), the Secretary may, after providing the State a period of at least 90 days to meet such criteria, withhold grant funds under this section from the State.

Sec. 33203C Special provisions for moderate income households

(a)

Certifications— The Secretary shall establish procedures for certifying that the household of a homeowner is moderate income for purposes of this section.

(b)

Percentages— Subject to subsection (c), for households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income the—

(1)

amount of a partial system rebate under section 33203A shall not exceed 60 percent of the applicable purchase and installation costs described in section 33203A(b)(1); and

(2)

amount of—

(A)

a modeled performance rebate under section 33203B provided shall be equal to 80 percent of the applicable costs described in section 33203B(d)(2)(A); and

(B)

a measured performance rebate under section 33203B provided shall be equal to 80 percent of the applicable costs described in section 33203B(e)(2)(A).

(c)

Maximum amounts— For households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income the maximum amount—

(1)

of a partial system rebate—

(A)

under section 33203A(a)(1) for the purchase and installation of insulation and air sealing within a home of the homeowner shall be $1600; and

(B)

under section 33203A(a)(2) for the purchase and installation of insulation and air sealing within a home of the homeowner and replacement of an HVAC system, the heating component of an HVAC system, or the cooling component of an HVAC system, of such home, shall be $3,000;

(2)

of a modeled performance rebate under section 33203B for an energy audit and home energy efficiency retrofit that is projected to reduce home energy use as described in—

(A)

section 33203B(d)(2)(B)(i) shall be $4,000; and

(B)

section 33203B(d)(2)(B)(ii) shall be $8,000; and

(3)

of a measured performance rebate under section 33203B for a home energy efficiency retrofit that reduces home energy use as described in—

(A)

section 33203B(e)(2)(B)(i) shall be $4,000; and

(B)

section 33203B(e)(2)(B)(ii) shall be $8,000.

(d)

Outreach— The Secretary shall establish procedures to—

(1)

provide information to households of homeowners that are certified pursuant to the procedures established under subsection (a) as moderate income regarding other programs and resources relating to assistance for energy efficiency upgrades of homes, including the weatherization assistance program implemented under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.); and

(2)

refer such households, as applicable, to such other programs and resources.

Sec. 33203D Evaluation reports to Congress

(a)

In general— Not later than 3 years after the date of enactment of this Act and annually thereafter until the termination of the Home Energy Savings Retrofit Rebate Program, the Secretary shall submit to Congress a report on the use of funds made available to carry out this part.

(b)

Contents— Each report submitted under subsection (a) shall include—

(1)

how many home energy efficiency retrofits have been completed during the previous year under the Home Energy Savings Retrofit Rebate Program;

(2)

an estimate of how many jobs have been created through the Home Energy Savings Retrofit Rebate Program, directly and indirectly;

(3)

a description of what steps could be taken to promote further deployment of energy efficiency and renewable energy retrofits;

(4)

a description of the quantity of verifiable energy savings, homeowner energy bill savings, and other benefits of the Home Energy Savings Retrofit Rebate Program;

(5)

a description of any waste, fraud, or abuse with respect to funds made available to carry out this part; and

(6)

any other information the Secretary considers appropriate.

Sec. 33203E Administration

(a)

In general— The Secretary shall provide such administrative and technical support to contractors, rebate aggregators, States, and Indian Tribes as is necessary to carry out this part.

(b)

Information collection— The Secretary shall establish, and make available to a homeowner, or the homeowner’s designated representative, seeking a rebate under this part, release forms authorizing access by the Secretary, or a designated third-party representative to information in the utility bills of the homeowner with appropriate privacy protections in place.

Sec. 33203F Authorization of appropriations

(a)

In general— There are authorized to be appropriated to the Secretary to carry out this part $1,200,000,000 for each of fiscal years 2021 through 2025, to remain available until expended.

(b)

Tribal allocation— Of the amounts made available pursuant to subsection (a) for a fiscal year, the Secretary shall work with Indian Tribes and use 2 percent of such amounts to carry out a program or programs that as close as possible reflect the goals, requirements, and provisions of this part, taking into account any factors that the Secretary determines to be appropriate.

3 General provisions

Sec. 33204 Appointment of personnel

Notwithstanding the provisions of title 5, United States Code, regarding appointments in the competitive service and General Schedule classifications and pay rates, the Secretary may appoint such professional and administrative personnel as the Secretary considers necessary to carry out this subchapter.

Sec. 33204A Maintenance of funding

Each State receiving Federal funds pursuant to this subchapter shall provide reasonable assurances to the Secretary that it has established policies and procedures designed to ensure that Federal funds provided under this subchapter will be used to supplement, and not to supplant, State and local funds.

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”.

C Schools

Sec. 33221 Energy retrofitting assistance for schools

Section 392 of the Energy Policy and Conservation Act (42 U.S.C. 6371a) is amended by adding at the end the following:

“(e) Coordination of energy retrofitting assistance for schools

“(1) Definition of school—Notwithstanding section 391(6), for the purposes of this subsection, the term school means—

“(A) an elementary school or secondary school (as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));

“(B) an institution of higher education (as defined in section 102(a) of the Higher Education Act of 1965 (20 U.S.C. 1002(a)));

“(C) a school of the defense dependents’ education system under the Defense Dependents’ Education Act of 1978 (20 U.S.C. 921 et seq.) or established under section 2164 of title 10, United States Code;

“(D) a school operated by the Bureau of Indian Affairs;

“(E) a tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)); and

“(F) a Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))).

“(2) Establishment of clearinghouse—The Secretary, acting through the Office of Energy Efficiency and Renewable Energy, shall establish a clearinghouse to disseminate information regarding available Federal programs and financing mechanisms that may be used to help initiate, develop, and finance energy efficiency, distributed generation, and energy retrofitting projects for schools.

“(3) Requirements—In carrying out paragraph (2), the Secretary shall—

“(A) consult with appropriate Federal agencies to develop a list of Federal programs and financing mechanisms that are, or may be, used for the purposes described in paragraph (2); and

“(B) coordinate with appropriate Federal agencies to develop a collaborative education and outreach effort to streamline communications and promote available Federal programs and financing mechanisms described in subparagraph (A), which may include the development and maintenance of a single online resource that includes contact information for relevant technical assistance in the Office of Energy Efficiency and Renewable Energy that States, local education agencies, and schools may use to effectively access and use such Federal programs and financing mechanisms.”

Sec. 33222 Grants for energy efficiency improvements and renewable energy improvements at public school facilities

(a)

Definitions— In this section:

(1)

Eligible entity— The term eligible entity means a consortium of—

(A)

one local educational agency; and

(B)

one or more—

(i)

schools;

(ii)

nonprofit organizations;

(iii)

for-profit organizations; or

(iv)

community partners that have the knowledge and capacity to partner and assist with energy improvements.

(2)

Energy improvements— The term energy improvements means—

(A)

any improvement, repair, or renovation, to a school that will result in a direct reduction in school energy costs including but not limited to improvements to building envelope, air conditioning, ventilation, heating system, domestic hot water heating, compressed air systems, distribution systems, lighting, power systems and controls;

(B)

any improvement, repair, renovation, or installation that leads to an improvement in teacher and student health including but not limited to indoor air quality, daylighting, ventilation, electrical lighting, and acoustics; and

(C)

the installation of renewable energy technologies (such as wind power, photovoltaics, solar thermal systems, geothermal energy, hydrogen-fueled systems, biomass-based systems, biofuels, anaerobic digesters, and hydropower) involved in the improvement, repair, or renovation to a school.

(b)

Authority— From amounts made available for grants under this section, the Secretary of Energy shall provide competitive grants to eligible entities to make energy improvements authorized by this section.

(c)

Priority— In making grants under this subsection, the Secretary shall give priority to eligible entities that have renovation, repair, and improvement funding needs and are—

(1)

a high-need local educational agency, as defined in section 2102 of the Elementary and Secondary Education Act of 1965 (20 14 U.S.C. 6602); or

(2)

a local educational agency designated with a metrocentric locale code of 41, 42, or 43 as determined by the National Center for Education Statistics (NCES), in conjunction with the Bureau of the Census, using the NCES system for classifying local educational agencies.

(d)

Competitive criteria— The competitive criteria used by the Secretary shall include the following:

(1)

The fiscal capacity of the eligible entity to meet the needs for improvements of school facilities without assistance under this section, including the ability of the eligible entity to raise funds through the use of local bonding capacity and otherwise.

(2)

The likelihood that the local educational agency or eligible entity will maintain, in good condition, any facility whose improvement is assisted.

(3)

The potential energy efficiency and safety benefits from the proposed energy improvements.

(e)

Applications— To be eligible to receive a grant under this section, an applicant must submit to the Secretary an application that includes each of the following:

(1)

A needs assessment of the current condition of the school and facilities that are to receive the energy improvements.

(2)

A draft work plan of what the applicant hopes to achieve at the school and a description of the energy improvements to be carried out.

(3)

A description of the applicant’s capacity to provide services and comprehensive support to make the energy improvements.

(4)

An assessment of the applicant’s expected needs for operation and maintenance training funds, and a plan for use of those funds, if any.

(5)

An assessment of the expected energy efficiency and safety benefits of the energy improvements.

(6)

A cost estimate of the proposed energy improvements.

(7)

An identification of other resources that are available to carry out the activities for which funds are requested under this section, including the availability of utility programs and public benefit funds.

(f)

Use of grant amounts—

(1)

In general— The recipient of a grant under this section shall use the grant amounts only to make the energy improvements contemplated in the application, subject to the other provisions of this subsection.

(2)

Operation and maintenance training— The recipient may use up to 5 percent for operation and maintenance training for energy efficiency and renewable energy improvements (such as maintenance staff and teacher training, education, and preventative maintenance training).

(3)

Audit— The recipient may use funds for a third-party investigation and analysis for energy improvements (such as energy audits and existing building commissioning).

(4)

Continuing education— The recipient may use up to 1 percent of the grant amounts to develop a continuing education curriculum relating to energy improvements.

(g)

Contracting requirements—

(1)

Davis-Bacon— Any laborer or mechanic employed by any contractor or subcontractor in the performance of work on any energy improvements funded by a grant under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the Davis-Bacon Act).

(2)

Competition— Each applicant that receives funds shall ensure that, if the applicant carries out repair or renovation through a contract, any such contract process—

(A)

ensures the maximum number of qualified bidders, including small, minority, and women-owned businesses, through full and open competition; and

(B)

gives priority to businesses located in, or resources common to, the State or the geographical area in which the project is carried out.

(h)

Reporting— Each recipient of a grant under this section shall submit to the Secretary, at such time as the Secretary may require, a report describing the use of such funds for energy improvements, the estimated cost savings realized by those energy improvements, the results of any audit, the use of any utility programs and public benefit funds and the use of performance tracking for energy improvements (such as the Department of Energy: Energy Star program or LEED for Existing Buildings).

(i)

Best practices— The Secretary shall develop and publish guidelines and best practices for activities carried out under this section.

(j)

Authorization of appropriations— There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.

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:

“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:

(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:

“414D. Financial assistance for WAP enhancement and innovation

“(a) Purposes—The purposes of this section are—

“(1) to expand the number of dwelling units that are occupied by low-income persons that receive weatherization assistance by making such dwelling units weatherization-ready;

“(2) to promote the deployment of renewable energy in dwelling units that are occupied by low-income persons;

“(3) to ensure healthy indoor environments by enhancing or expanding health and safety measures and resources available to dwellings that are occupied by low-income persons;

“(4) to disseminate new methods and best practices among entities providing weatherization assistance; and

“(5) to encourage entities providing weatherization assistance to hire and retain employees who are individuals—

“(A) from the community in which the assistance is provided; and

“(B) from communities or groups that are underrepresented in the home energy performance workforce, including religious and ethnic minorities, women, veterans, individuals with disabilities, and individuals who are socioeconomically disadvantaged.

“(b) Financial assistance—The Secretary shall, to the extent funds are made available, award financial assistance, on an annual basis, through a competitive process to entities receiving funding from the Federal Government or from a State, tribal organization, or unit of general purpose local government through a weatherization program under section 413 or section 414, or to nonprofit entities, to be used by such an entity—

“(1) with respect to dwelling units that are occupied by low-income persons, to—

“(A) implement measures to make such dwelling units weatherization-ready by addressing structural, plumbing, roofing, and electrical issues, environmental hazards, or other measures that the Secretary determines to be appropriate;

“(B) install energy efficiency technologies, including home energy management systems, smart devices, and other technologies the Secretary determines to be appropriate;

“(C) install renewable energy systems (as defined in section 415(c)(6)(A)); and

“(D) implement measures to ensure healthy indoor environments by improving indoor air quality, accessibility, and other healthy homes measures as determined by the Secretary;

“(2) to improve the capability of the entity—

“(A) to significantly increase the number of energy retrofits performed by such entity;

“(B) to replicate best practices for work performed pursuant to this section on a larger scale;

“(C) to leverage additional funds to sustain the provision of weatherization assistance and other work performed pursuant to this section after financial assistance awarded under this section is expended; and

“(D) to hire and retain employees who are individuals described subsection (a)(5);

“(3) for innovative outreach and education regarding the benefits and availability of weatherization assistance and other assistance available pursuant to this section;

“(4) for quality control of work performed pursuant to this section;

“(5) for data collection, measurement, and verification with respect to such work;

“(6) for program monitoring, oversight, evaluation, and reporting regarding such work;

“(7) for labor, training, and technical assistance relating to such work;

“(8) for planning, management, and administration (up to a maximum of 15 percent of the assistance provided); and

“(9) for such other activities as the Secretary determines to be appropriate.

“(c) Award factors—In awarding financial assistance under this section, the Secretary shall consider—

“(1) the applicant’s record of constructing, renovating, repairing, or making energy efficient single-family, multifamily, or manufactured homes that are occupied by low-income persons, either directly or through affiliates, chapters, or other partners (using the most recent year for which data are available);

“(2) the number of dwelling units occupied by low-income persons that the applicant has built, renovated, repaired, weatherized, or made more energy efficient in the 5 years preceding the date of the application;

“(3) the qualifications, experience, and past performance of the applicant, including experience successfully managing and administering Federal funds;

“(4) the strength of an applicant’s proposal to achieve one or more of the purposes under subsection (a);

“(5) the extent to which such applicant will utilize partnerships and regional coordination to achieve one or more of the purposes under subsection (a);

“(6) regional and climate zone diversity;

“(7) urban, suburban, and rural localities; and

“(8) such other factors as the Secretary determines to be appropriate.

“(d) Applications

“(1) Administration—To be eligible for an award of financial assistance under this section, an applicant shall submit to the Secretary an application in such manner and containing such information as the Secretary may require.

“(2) Awards—Subject to the availability of appropriations, not later than 270 days after the date of enactment of this section, the Secretary shall make a first award of financial assistance under this section.

“(e) Maximum amount and term

“(1) In general—The total amount of financial assistance awarded to an entity under this section shall not exceed $2,000,000.

“(2) Technical and training assistance—The total amount of financial assistance awarded to an entity under this section shall be reduced by the cost of any technical and training assistance provided by the Secretary that relates to such financial assistance.

“(3) Term—The term of an award of financial assistance under this section shall not exceed 3 years.

“(4) Relationship to formula grants—An entity may use financial assistance awarded to such entity under this section in conjunction with other financial assistance provided to such entity under this part.

“(f) Requirements—Not later than 90 days after the date of enactment of this section, the Secretary shall issue requirements to implement this section, including, for entities receiving financial assistance under this section—

“(1) standards for allowable expenditures;

“(2) a minimum saving-to-investment ratio; and

“(3) standards for—

“(A) training programs;

“(B) energy audits;

“(C) the provision of technical assistance;

“(D) monitoring activities carried out using such financial assistance;

“(E) verification of energy and cost savings;

“(F) liability insurance requirements; and

“(G) recordkeeping and reporting requirements, which shall include reporting to the Office of Weatherization and Intergovernmental Programs of the Department of Energy applicable data on each dwelling unit retrofitted or otherwise assisted pursuant to this section.

“(g) Compliance with State and local law—Nothing in this section supersedes or otherwise affects any State or local law, to the extent that the State or local law contains a requirement that is more stringent than the applicable requirement of this section.

“(h) Review and evaluation—The Secretary shall review and evaluate the performance of each entity that receives an award of financial assistance under this section (which may include an audit).

“(i) Annual report—The Secretary shall submit to Congress an annual report that provides a description of—

“(1) actions taken under this section to achieve the purposes of this section; and

“(2) accomplishments as a result of such actions, including energy and cost savings achieved.

“(j) Funding

“(1) Amounts

“(A) In general—For each of fiscal years 2021 through 2025, of the amount made available under section 422 for such fiscal year to carry out the weatherization program under this part (not including any of such amount made available for Department of Energy headquarters training or technical assistance), not more than—

“(i) 2 percent of such amount (if such amount is $225,000,000 or more but less than $260,000,000) may be used to carry out this section;

“(ii) 4 percent of such amount (if such amount is $260,000,000 or more but less than $300,000,000) may be used to carry out this section; and

“(iii) 6 percent of such amount (if such amount is $300,000,000 or more) may be used to carry out this section.

“(B) Minimum—For each of fiscal years 2021 through 2025, if the amount made available under section 422 (not including any of such amount made available for Department of Energy headquarters training or technical assistance) for such fiscal year is less than $225,000,000, no funds shall be made available to carry out this section.

“(2) Limitation—For any fiscal year, the Secretary may not use more than $25,000,000 of the amount made available under section 422 to carry out this section.

“(k) Termination—The Secretary may not award financial assistance under this section after September 30, 2024.”

(2)

Table of contents— The table of contents for the Energy Conservation and Production Act is amended by inserting after the item relating to section 414C the following:

(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:

“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:

(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.

3 Energy Efficient Conservation Block Grants

Sec. 33241 Energy Efficiency and Conservation Block Grant Program

(a)

Purpose— Section 542(b)(1) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(b)(1)) is amended—

(1)

in subparagraph (A), by striking “; and” and inserting a semicolon;

(2)

in subparagraph (B), by striking the semicolon and inserting “; and”; and

(3)

by adding at the end the following:

“(C) diversifies energy supplies, including by facilitating and promoting the use of alternative fuels;”

(b)

Use of funds— Section 544(9) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17154(9)) is amended to read as follows:

“(9) deployment of energy distribution technologies that significantly increase energy efficiency or expand access to alternative fuels, including—

“(A) distributed resources;

“(B) district heating and cooling systems; and

“(C) infrastructure for delivering alternative fuels;”

(c)

Competitive grants— Section 546(c)(2) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17156(c)(2)) is amended by inserting “, including projects to expand the use of alternative fuels” before the period at the end.

(d)

Funding— Section 548(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17158(a)) is amended to read as follows:

“(a) Authorization of appropriations

“(1) Grants—There is authorized to be appropriated to the Secretary to carry out the program $3,500,000,000 for each of fiscal years 2021 through 2025.

“(2) Administrative costs—The Secretary may use for administrative expenses of the program not more than 1 percent of the amounts made available under paragraph (1) in each of fiscal years 2021 through 2025.”

(e)

Technical amendments— Section 543 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17153) is amended—

(1)

in subsection (c), by striking “subsection (a)(2)” and inserting “subsection (a)(3)”; and

(2)

in subsection (d), by striking “subsection (a)(3)” and inserting “subsection (a)(4)”.

4 Federal Energy and Water Management Performance

Sec. 33251 Energy and water performance requirement for Federal facilities

(a)

In general— Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended—

(1)

in the section heading, by inserting “and water” after “Energy”;

(2)

in subsection (a)—

(A)

in the subsection heading, by striking “Energy Performance Requirement for Federal Buildings” and inserting “Energy and water performance requirement for Federal facilities”;

(B)

by striking paragraph (1) and inserting the following:

“(1) In general—Subject to paragraph (2), the head of each agency shall—

“(A) for each of fiscal years 2020 through 2030, reduce average facility energy intensity (as measured in British thermal units per gross square foot) at facilities of the agency by 2.5 percent each fiscal year relative to the average facility energy intensity of the facilities of the agency in fiscal year 2018;

“(B) for each of fiscal years 2020 through 2030, improve water use efficiency and management, including stormwater management, at facilities of the agency by reducing agency water consumption intensity—

“(i) by reducing the potable water consumption by 54 percent by fiscal year 2030, relative to the potable water consumption at facilities of the agency in fiscal year 2007, through reductions of 2 percent each fiscal year (as measured in gallons per gross square foot);

“(ii) by reducing the industrial, landscaping, and agricultural water consumption of the agency, as compared to a baseline of that consumption at facilities of the agency in fiscal year 2010, through reductions of 2 percent each fiscal year (as measured in gallons); and

“(iii) by installing appropriate infrastructure features at facilities of the agency to improve stormwater and wastewater management; and

“(C) to the maximum extent practicable, in carrying out subparagraphs (A) and (B), take measures that are life cycle cost-effective.”

(C)

in paragraph (2)—

(i)

by striking “(2) An agency” and inserting the following:

“(2) Energy and water intensive facility exclusion—An agency”

(ii)

by striking “building” and inserting “facility”;

(iii)

by inserting “and water” after “energy” each place it appears; and

(iv)

by striking “buildings” and inserting “facilities”; and

(D)

by striking paragraph (3) and inserting the following:

“(3) Recommendations—Not later than December 31, 2029, the Secretary shall—

“(A) review the results of the implementation of the energy and water performance requirements established under paragraph (1); and

“(B) submit to Congress recommendations concerning energy and water performance requirements for fiscal years 2031 through 2040.”

(3)

in subsection (b)—

(A)

in the subsection heading, by inserting “and water” after “Energy”; and

(B)

by striking paragraph (1) and inserting the following:

“(1) In general—Each agency shall—

“(A) not later than October 1, 2020, to the maximum extent practicable, begin installing in facilities owned by the United States all energy and water conservation measures determined by the Secretary to be life cycle cost-effective; and

“(B) complete the installation described in subparagraph (A) as soon as practicable after the date referred to in that subparagraph.”

(4)

in subsection (c)—

(A)

in paragraph (1)—

(i)

by striking “Federal building or collection of Federal buildings” each place it appears and inserting “Federal facility”;

(ii)

in subparagraph (A)—

(I)

in the matter preceding clause (i), by striking “An agency” and inserting “The head of each agency”; and

(II)

by inserting “or water” after “energy” each place it appears; and

(iii)

in subparagraph (B)(i), by inserting “or water” after “energy”;

(B)

in paragraph (2)—

(i)

by striking “buildings” and inserting “facilities”; and

(ii)

by striking “building” and inserting “facility”; and

(C)

in paragraph (3), by adding at the end the following: “Not later than 1 year after the date of enactment of the Moving Forward Act, the Secretary shall issue guidelines to establish criteria for exclusions to water performance requirements under paragraph (1). The Secretary shall update the criteria for exclusions under this subsection as appropriate to reflect changing technology and other conditions.”;

(5)

in subsection (d)(2)—

(A)

by inserting “and water” after “energy”; and

(B)

by striking “buildings” and inserting “facilities”;

(6)

in subsection (e)—

(A)

in the subsection heading, by inserting “and water” after “energy”;

(B)

in paragraph (1)—

(i)

by striking “By October 1” and inserting the following:

“(A) Energy—By October 1”

(ii)

by striking “buildings” each place it appears and inserting “facilities”; and

(iii)

by adding at the end the following:

“(B) Water—By February 1, 2025, in accordance with guidelines established by the Secretary under paragraph (2), each agency shall use water meters at facilities of the agency where doing so will assist in reducing the cost of water used at such facilities.”

(C)

in paragraph (2)—

(i)

in subparagraph (A)—

(I)

by striking “and” before “Federal”;

(II)

by inserting “and any other person the Secretary deems necessary,” before “shall”; and

(III)

by striking “paragraph (1).” and inserting “paragraph (1)(A). Not later than 180 days after the date of enactment of the Moving Forward Act, the Secretary, in consultation with such departments and entities, shall establish guidelines for agencies to carry out paragraph (1)(B).”;

(ii)

in subparagraph (B)—

(I)

by amending clause (i)(II) to read as follows:

“(II) the extent to which metering is expected to result in increased potential for energy and water management, increased potential for energy and water savings, energy and water efficiency improvements, and cost savings due to utility contract aggregation; and”

(II)

in clause (ii), by inserting “and water” after “energy”;

(III)

in clause (iii), by striking “buildings” and inserting “facilities”; and

(IV)

in clause (iv), by striking “energy use of a Federal building” and inserting “energy and water use of a Federal facility”; and

(D)

in paragraph (4)—

(i)

in subparagraph (A)—

(I)

by striking “this paragraph” and inserting “the Moving Forward Act”; and

(II)

by inserting “and water” before “use in”; and

(ii)

in subparagraph (B)—

(I)

by striking “buildings” each place it appears and inserting “facilities”; and

(II)

in clause (ii), in the matter preceding subclause (I), by inserting “and water” after “energy”;

(7)

in subsection (f)—

(A)

in the subsection heading, by striking “buildings” and inserting “facilities”;

(B)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking “In this subsection” and inserting “In this section”;

(ii)

in subparagraph (B)(i)(II), by inserting “and water” after “energy”; and

(iii)

in subparagraph (C)(i), by inserting “that consumes energy or water and is” before “owned or operated”;

(C)

in paragraph (2)—

(i)

in subparagraph (A), by inserting “and water” before “use”; and

(ii)

in subparagraph (B)—

(I)

by striking “energy” before “efficiency”; and

(II)

by inserting “or water” before “use”;

(D)

in paragraph (7)(B)(ii)(II), by inserting “and water” after “energy”;

(E)

in paragraph (8)—

(i)

by striking “building” each place it appears and inserting “facility”;

(ii)

in subparagraph (A), by adding at the end the following: “The energy manager shall enter water use data for each metered facility that is (or is a part of) a facility that meets the criteria established by the Secretary under paragraph (2)(B) into a facility water use benchmarking system.”; and

(iii)

in subparagraph (B), by striking “this subsection” and inserting “the date of enactment of the Moving Forward Act”; and

(F)

in paragraph (9)(A), in the matter preceding clause (i), by inserting “and water” after “energy”; and

(8)

in subsection (g)(1)—

(A)

by striking “building” and inserting “facility”; and

(B)

by striking “energy efficient” and inserting “energy and water efficient”.

(b)

Conforming amendment— The table of contents for the National Energy Conservation Policy Act (Public Law 95–619; 92 Stat. 3206) is amended by striking the item relating to section 543 and inserting the following:

Sec. 33252 Federal Energy Management Program

Section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253) is amended by adding at the end the following:

“(h) Federal energy management program

“(1) In general—The Secretary shall carry out a program, to be known as the “Federal Energy Management Program” (referred to in this subsection as the “Program”), to facilitate the implementation by the Federal Government of cost-effective energy and water management and energy-related investment practices—

“(A) to coordinate and strengthen Federal energy and water resilience; and

“(B) to promote environmental stewardship.

“(2) Federal Director—The Secretary shall appoint an individual to serve as the director of the Program (referred to in this subsection as the “Federal Director”), which shall be a career position in the Senior Executive service, to administer the Program.

“(3) Program activities

“(A) Strategic planning and technical assistance—In administering the Program, the Federal Director shall—

“(i) provide technical assistance and project implementation support and guidance to agencies to identify, implement, procure, and track energy and water conservation measures required under this Act and under other provisions of law;

“(ii) in coordination with the Administrator of the General Services Administration, establish appropriate procedures, methods, and best practices for use by agencies to select, monitor, and terminate contracts entered into pursuant to a utility incentive program under section 546(c) with utilities;

“(iii) carry out the responsibilities of the Secretary under section 801, as determined appropriate by the Secretary;

“(iv) establish and maintain internet-based information resources and project tracking systems and tools for energy and water management;

“(v) coordinate comprehensive and strategic approaches to energy and water resilience planning for agencies; and

“(vi) establish a recognition program for Federal achievement in energy and water management, energy-related investment practices, environmental stewardship, and other relevant areas, through events such as individual recognition award ceremonies and public announcements.

“(B) Energy and water management and reporting—In administering the Program, the Federal Director shall—

“(i) track and report on the progress of agencies in meeting the requirements of the agency under this section;

“(ii) make publicly available agency performance data required under—

“(I) this section and sections 544, 546, 547, and 548; and

“(II) section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852);

“(iii)

“(I) collect energy and water use and consumption data from each agency; and

“(II) based on that data, submit to each agency a report that will facilitate the energy and water management, energy-related investment practices, and environmental stewardship of the agency in support of Federal goals under this Act and under other provisions of law;

“(iv) carry out the responsibilities of the Secretary under section 305 of the Energy Conservation and Production Act (42 U.S.C. 6834);

“(v) in consultation with the Administrator of the General Services Administration, acting through the head of the Office of High-Performance Green Buildings, establish and implement sustainable design principles for Federal facilities; and

“(vi) designate products that meet the highest energy conservation standards for categories not covered under the Energy Star program established under section 324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a).

“(C) Federal interagency coordination—In administering the Program, the Federal Director shall—

“(i) develop and implement accredited training consistent with existing Federal programs and activities—

“(I) relating to energy and water use, management, and resilience in Federal facilities, energy-related investment practices, and environmental stewardship; and

“(II) that includes in-person training, internet-based programs, and national in-person training events;

“(ii) carry out the functions of the Secretary with respect to the Interagency Energy Management Task Force under section 547; and

“(iii) report on the implementation of the priorities of the President, including Executive orders, relating to energy and water use in Federal facilities, in coordination with—

“(I) the Office of Management and Budget;

“(II) the Council on Environmental Quality; and

“(III) any other entity, as considered necessary by the Federal Director.

“(D) Facility and fleet optimization—In administering the Program, the Federal Director shall develop guidance, supply assistance to, and track the progress of agencies—

“(i) in conducting portfolio-wide facility energy and water resilience planning and project integration;

“(ii) in building new construction and major renovations to meet the sustainable design and energy and water performance standards required under this section;

“(iii) in developing guidelines for—

“(I) facility commissioning; and

“(II) facility operations and maintenance; and

“(iv) in coordination with the Administrator of the General Services Administration, in meeting statutory and agency goals for Federal fleet vehicles.

“(4) Management council—The Federal Director shall establish a management council to advise the Federal Director that shall—

“(A) convene not less frequently than once every quarter; and

“(B) consist of representatives from—

“(i) the Council on Environmental Quality;

“(ii) the Office of Management and Budget; and

“(iii) the Office of Federal High-Performance Green Buildings in the General Services Administration.

“(5) Authorization of appropriations—There is authorized to be appropriated to the Secretary to carry out this subsection $36,000,000 for each of fiscal years 2021 through 2025.”

5 Targeted residential tree-planting

Sec. 33261 Definitions

As used in this chapter:

(1)

The term nonprofit tree-planting organization means any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 501(c)(3)), that is exempt from taxation under section 501(a) of such Code (26 U.S.C. 501(a)), which exists, in whole or in part, to—

(A)

expand urban and residential tree cover;

(B)

distribute young trees for planting;

(C)

increase awareness of the environmental and energy-related benefits of trees;

(D)

educate the public about proper tree planting, care, and maintenance strategies; or

(E)

carry out any combination of the foregoing activities.

(2)

The term retail power provider means any entity authorized under applicable State or Federal law to generate, distribute, or provide retail electricity, natural gas, or fuel oil service.

(3)

The term Secretary means the Secretary of Energy.

(4)

The term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States.

Sec. 33262 Grant program

(a)

Authority— The Secretary shall establish a grant program to provide financial assistance to retail power providers to support the establishment of new, or continued operation of existing, targeted residential tree-planting programs.

(b)

Cooperation— In carrying out the grant program established pursuant to subsection (a), the Secretary may cooperate with, and provide assistance for such cooperation to, State foresters or equivalent State officials or Indian Tribes.

(c)

Requirements for tree-Planting programs— In order to qualify for assistance under the grant program established pursuant to subsection (a), a retail power provider shall, in accordance with this chapter, establish and operate, or continue operating, a targeted residential tree-planting program that meets each of the following requirements:

(1)

The program shall provide free or discounted shade-providing or wind-reducing trees to residential consumers. If providing free and discounted trees under the program, priority for free trees shall be given to areas where the average annual income is below the regional median.

(2)

The program shall either provide trees to plant to—

(A)

provide maximum amounts of shade during summer intervals when residences are exposed to the most sun intensity; or

(B)

provide maximum amounts of wind protection during fall and winter intervals when residences are exposed to the most wind intensity.

(3)

The program shall use the best available science to create, as needed, and utilize tree-siting guidelines which dictate where the optimum tree species are best planted in locations that ensure adequate root development and that achieve maximum reductions in consumer energy demand while causing the least disruption to public infrastructure, considering overhead and underground facilities. Such guidelines shall—

(A)

include the species and minimum size of trees that are mostly likely to result in a successful tree planting; and

(B)

outline the minimum distance required—

(i)

between the trees that are being planted; and

(ii)

between such trees and building foundations, air conditioning units, driveways and walkways, property fences, preexisting utility infrastructure, septic systems, swimming pools, and other infrastructure as determined appropriate; and

(C)

ensure that trees planted under the tree-planting program near existing power lines will not interfere with energized electricity distribution lines when mature.

(4)

The program shall provide that no new trees will be planted under or adjacent to high-voltage electric transmission lines without prior consultation with the retail power provider with jurisdiction over such transmission lines.

(5)

The program shall provide tree recipients with tree planting and tree care instruction and education prior to or in conjunction with delivery of free or discounted trees.

(6)

The program shall provide for engagement and collaboration with community members that will be affected by the program.

(7)

The program shall provide tree care assistance for trees planted under the program for a period of time, to be determined by the retail power provider, in consultation with the nonprofit tree-planting organization, local municipal government, or conservation district with which the retail power provider has entered into an agreement described in subsection (e) and the applicable local technical advisory committee established pursuant to subsection (f), to ensure long-term survival of the trees.

(8)

The program has been certified by the Secretary that it is designed to achieve the requirements set forth in paragraphs (1) through (7). In designating criteria for such certification, the Secretary shall collaborate with the Forest Service’s Urban and Community Forestry Program, and may consult with the Administrator of the Environmental Protection Agency, to ensure that such criteria are consistent with such requirements.

(d)

New program funding share— The Secretary shall ensure that no less than 30 percent of the funds made available under this chapter are distributed to retail power providers that—

(1)

have not previously established or operated a targeted residential tree-planting program that meets the requirements described in subsection (c); or

(2)

are operating a targeted residential tree-planting program that meets the requirements described in subsection (c) which was established no more than three years prior to the date of enactment of this Act.

(e)

Agreements between retail power providers and nonprofit tree-Planting organizations—

(1)

Grant authorization— The Secretary may provide assistance under the grant program established pursuant to subsection (a) only to a retail power provider that has entered into a binding legal agreement with a nonprofit tree-planting organization.

(2)

Conditions of agreement— An agreement between a retail power provider and a nonprofit tree-planting organization described in paragraph (1) shall set forth conditions under which such nonprofit tree-planting organization shall carry out a targeted residential tree-planting program that is established or operated by the retail power provider. Such conditions—

(A)

shall require the nonprofit tree-planting organization to participate in a local technical advisory committee in accordance with subsection (f); and

(B)

may require the nonprofit tree-planting organization to—

(i)

coordinate volunteer recruitment to assist with the physical act of planting trees in residential locations under the tree-planting program;

(ii)

support a workforce development program that trains a local workforce and assists with job-placement;

(iii)

undertake a public awareness campaign to educate local residents about the benefits, cost savings, and availability of free trees;

(iv)

establish education and information campaigns to encourage recipients of trees under the tree-planting program to maintain their trees over the long term;

(v)

serve as the point of contact for existing and potential residential participants who have questions or concerns regarding the tree-planting program;

(vi)

require recipients of trees under the tree-planting program to sign agreements committing to voluntary stewardship and care of provided trees; and

(vii)

monitor and report on the survival, growth, overall health, and estimated energy savings of trees provided under the tree-planting program up until the end of their establishment period, which shall be no less than 5 years.

(3)

Lack of nonprofit tree-planting organization— If a nonprofit tree-planting organization does not exist or operate within the area served by a retail power provider applying for assistance under this section, the requirements of this section shall apply to binding legal agreements entered into by such retail power provider and one of the following entities:

(A)

A local municipal government with jurisdiction over the urban or suburban forest.

(B)

A conservation district.

(f)

Technical advisory committees—

(1)

Condition— In order to qualify for assistance under the grant program established pursuant to subsection (a), a retail power provider shall agree to consult with the nonprofit tree-planting organization, local municipal government, or conservation district with which the retail power provider has entered into an agreement described in subsection (e) and State foresters or equivalent State officials to establish a local technical advisory committee described in paragraph (2) not later than 30 days after receiving such assistance.

(2)

Description— A local technical advisory committee shall provide advice to, and consult with, a retail power provider and nonprofit tree-planting organization, local municipal government, or conservation district regarding the applicable targeted residential tree-planting program. The advisory committee may—

(A)

design and adopt an approved plant list for the tree-planting program that emphasizes the use of hardy, noninvasive tree species and, where geographically appropriate, the use of native or low water-use shade trees, or both;

(B)

design and adopt planting, installation, and maintenance specifications and create a process for inspection and quality control for the tree-planting program;

(C)

assist in developing long-term care and maintenance instructions for recipients of trees under the tree-planting program;

(D)

assist the retail power provider and nonprofit tree-planting organization, local municipal government, or conservation district, as appropriate, with public outreach and education regarding the tree-planting program;

(E)

assist in establishing a procedure for monitoring and collection of data on tree health, tree survival, and energy conservation benefits generated by the tree-planting program;

(F)

provide guidelines and recommendations for establishing or supporting existing workforce development programs as part of, and for prioritizing local hiring under, a tree-planting program; and

(G)

assist the retail power provider in maintaining and compiling information regarding the tree-planting program for purposes of the reports described in subsection (i)(1).

(3)

Compensation— Individuals serving on a local technical advisory committee shall not receive compensation for their service.

(4)

Composition— Local technical advisory committees shall be composed of representatives from public, private, and nongovernmental organizations with expertise in demand-side energy efficiency management, urban forestry, arboriculture, or landscape architecture, and shall be composed of the following:

(A)

Up to four persons, but no less than one person, representing the retail power provider receiving assistance under this section.

(B)

Up to four persons, but no less than one person, representing the nonprofit tree-planting organization that has entered into an agreement described in subsection (e) with the retail power provider to carry out the applicable targeted residential tree-planting program.

(C)

Up to three persons representing local nonprofit conservation or environmental organizations. Preference shall be given to those organizations which are organized under section 501(c)(3) of the Internal Revenue Code of 1986, and which have demonstrated expertise engaging the public in energy conservation, energy efficiency, or green building practices or a combination thereof. No single organization may be represented by more than one individual under this subparagraph.

(D)

Up to two persons representing a local affordable housing agency, affordable housing builder, or community development corporation.

(E)

Up to three, but no less than one, persons representing local city or county government for each municipality where a targeted residential tree-planting program will take place and at least one of these representatives shall be the city or county forester, city or county arborist, conservation district forester or functional equivalent.

(F)

Up to one person representing the local government agency responsible for management of roads, sewers, and infrastructure, including public works departments, transportation agencies, or equivalents.

(G)

Up to two persons representing the nursery and landscaping industry.

(H)

Up to two persons, but no less than one person, representing State foresters, landscape architects, or equivalent State officials.

(I)

Up to three persons representing the research community or academia with expertise in natural resources or energy management issues.

(5)

Chairperson—

(A)

In general— Each local technical advisory committee shall elect a chairperson to preside over committee meetings, act as a liaison to governmental and other outside entities, and direct the general operation of the committee.

(B)

Eligibility— Only committee representatives under paragraph (4)(A) or paragraph (4)(B) shall be eligible to act as a local technical advisory committee chairperson.

(6)

Credentials— At least one of the members of each local technical advisory committee shall be certified with one or more of the following credentials:

(A)

Certified Arborist, International Society of Arboriculture.

(B)

Certified Forester, Society of American Foresters.

(C)

Certified Arborist Municipal Specialist, International Society of Arboriculture.

(D)

Certified Arborist Utility Specialist, International Society of Arboriculture.

(E)

Board Certified Master Arborist, International Society of Arboriculture.

(F)

Licensed landscape architect, American Society of Landscape Architects.

(g)

Cost share program—

(1)

Federal share— The Federal share of support for any targeted residential tree-planting program funded under this section shall not exceed 50 percent of the cost of such program and shall be provided on a matching basis.

(2)

Non-Federal share— The non-Federal share of such costs may be paid or contributed by any governmental or nongovernmental entity other than from funds derived directly or indirectly from an agency or instrumentality of the United States.

(h)

Competitive grant procedures— Not later than 90 days after the date of enactment of this Act, after notice and opportunity for comment, the Secretary shall establish procedures for a public, competitive grants process through which retail power providers may apply for assistance under this section.

(i)

Reports—

(1)

To the Secretary— Not later than 1 year after receiving assistance under the grant program established pursuant to subsection (a), and each subsequent year for the duration of the grant, each such recipient shall submit to the Secretary a report describing the results of the activities funded by such assistance, including as applicable—

(A)

the number of trees planted under the applicable targeted residential tree-planting program;

(B)

the benefits of the applicable targeted residential tree-planting program to the local community;

(C)

any barriers to planting trees as part of the applicable targeted residential tree-planting program; and

(D)

any other information the Secretary considers appropriate.

(2)

To Congress— Not later than 3 years after providing assistance under the grant program established pursuant to subsection (a), and each year after, the Secretary shall submit to Congress a report that includes—

(A)

the number of applications for assistance under the program received and funded, annually;

(B)

the number of trees planted under the targeted residential tree-planting programs for which assistance is provided under the program;

(C)

the benefits of such tree-planting programs, including those related to climate change, energy savings, and stormwater runoff;

(D)

any barriers to planting trees in communities;

(E)

recommendations for improving the grant program; and

(F)

any other information the Secretary considers appropriate.

Sec. 33263 Public recognition initiative

(a)

Arbor City of America— The Secretary shall annually—

(1)

designate a city, municipality, community, or other area as the Secretary determines appropriate, as the “Arbor City of America” to recognize superior efforts in increasing tree canopy coverage and assisting residents in reducing energy costs through tree planting; and

(2)

provide funding to such city, municipality, community, or other area to carry out projects that increase green infrastructure or green spaces within such city, municipality, community, or other area.

(b)

Procedures— Not later than 90 days after the date of enactment of this Act, after notice and opportunity for comment, the Secretary shall establish procedures for carrying out this section.

Sec. 33264 Nonduplicity

Nothing in this chapter shall be construed to supersede, duplicate, cancel, or negate the programs or authorities provided under section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105).

Sec. 33265 Authorization of appropriations

For each of fiscal years 2021 through 2025, there are authorized to be appropriated $5,000,000 to carry out this chapter, of which $250,000 shall be used to provide funding to the applicable city, municipality, community, or other area designated under section 33263 as the Arbor City of America for such year for projects described in such section.

6 Industrial Energy Savings

Sec. 33271 Rebate program for energy efficient electrotechnologies

(a)

Definitions— In this section:

(1)

Energy efficient electrotechnology— The term energy efficient electrotechnology means—

(A)

any electric technology that, when used instead of a fossil fuel-fired technology in an industrial process results in—

(i)

energy efficiency, or production efficiency, gains; or

(ii)

environmental benefits; or

(B)

any electric technology that, when used instead of a fossil fuel-fired technology in an industrial application results in—

(i)

improvements in on-site logistics or material handling; and

(ii)

energy efficiency gains and environmental benefits.

(2)

Qualified entity— The term qualified entity means an industrial or manufacturing facility, commercial building, or a utility or energy service company.

(3)

Secretary— The term Secretary means the Secretary of Energy.

(b)

Establishment— Not later than 90 days after the date of enactment of this Act, the Secretary shall establish a program to provide rebates in accordance with this section.

(c)

Rebates— The Secretary may provide a rebate under the program established under subsection (b) to the owner or operator of a qualified entity for expenditures made by the owner or operator of the qualified entity for an energy efficient electrotechnology that is used to replace a fossil fuel-fired technology.

(d)

Requirements— To be eligible to receive a rebate under this section, the owner or operator of a qualified entity shall submit to the Secretary an application demonstrating—

(1)

that the owner or operator of the qualified entity purchased an energy efficient electrotechnology;

(2)

the energy efficiency gains, production efficiency gains, and environmental benefits, as applicable, resulting from use of the energy efficient electrotechnology—

(A)

as measured by a qualified professional or verified by the energy efficient electrotechnology manufacturer, as applicable; or

(B)

as determined by the Secretary;

(3)

that the fossil fuel-fired technology replaced by the energy efficient electrotechnology has been permanently decommissioned and scrapped; and

(4)

that all laborers and mechanics who were involved in the installation or maintenance, or construction or renovation to support such installation or maintenance, of the energy efficient electrotechnology, or the decommissioning and scrapping of the fossil fuel-fired technology replaced by the energy efficient electrotechnology, and who were employed by the owner or operator of the qualified entity, or contractors or subcontractors at any tier thereof, were paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis-Bacon Act”).

(e)

Limitation— The Secretary may not provide a rebate under the program established under subsection (b) to an owner or operator of a qualified entity for expenditures made by the owner or operator of the qualified entity for an energy efficient electrotechnology that is used to replace a fossil fuel-fired technology if the Secretary determines that such expenditures were necessary for the owner or operator to comply with Federal or State law.

(f)

Authorized amount of rebate— The amount of a rebate provided under this section shall be not less than 30 percent, and not more than 50 percent, of the overall cost of the energy efficient electrotechnology, including installation costs.

(g)

Authorization of appropriations— There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2020 through 2024.

C Vehicles

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”.

2 Clean Commute for Kids

Sec. 33311 Reauthorization of Clean School Bus Program

(a)

Definitions—

(1)

Alternative fuel— Section 741(a)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)) is amended—

(A)

in subparagraph (B), by striking “or” after the semicolon;

(B)

in subparagraph (C), by striking the period at the end and inserting “; or”; and

(C)

by adding at the end the following new subparagraph:

“(D) electricity.”

(2)

Clean school bus— Paragraph (3) of section 741(a) of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)) is amended to read as follows:

“(3) Clean school bus—The term clean school bus means—

“(A) a school bus with a gross vehicle weight of greater than 14,000 pounds that—

“(i) is powered by a heavy duty engine; and

“(ii) is operated solely on an alternative fuel or ultra-low sulfur diesel fuel; or

“(B) a vehicle designed to carry more than 10 passengers that—

“(i) complies with Federal motor vehicle safety standards for school buses; and

“(ii) meets or exceeds Federal vehicle emission standards for medium-duty passenger vehicles for model year 2016.”

(b)

Program for Retrofit or Replacement of Certain Existing School Buses with Clean School Buses—

(1)

National grant, rebate, and loan programs—

(A)

In general— Section 741(b)(1)(A) of the Energy Policy Act of 2005 (42 U.S.C. 16091(b)(1)(A)) is amended by inserting after “awarding grants” the following: “, rebates, and low-cost revolving loans, as determined by the Administrator, including through contracts pursuant to subsection (d),”.

(B)

Conforming changes— Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is amended—

(i)

in subsection (a)(4)(B), by striking “grant funds” and inserting “award funds”;

(ii)

in subsection (b)(1)(B), by striking “awarding grants” each place it appears and inserting “making awards”;

(iii)

in the heading of subsection (b)(2), by striking “grant applications” and inserting “award applications”;

(iv)

in subsection (b)(2)(A), by striking “grant applications” and inserting “award applications”;

(v)

in subsection (b)(3)(A), by striking “grant” and insert “award”;

(vi)

and (b)(4)—

(I)

in the paragraph heading, by striking “grants” and inserting “awards”; and

(II)

by striking “award grants” and inserting “make awards”;

(vii)

in subsection (b)(7)—

(I)

by striking “grant awards” and inserting “awards”; and

(II)

by striking “grant funding” and inserting “funding”;

(viii)

in subsection (b)(8)(A)(ii)—

(I)

in subclauses (I) and (II), by striking “grant applications” each place it appears and inserting “award applications”; and

(II)

in subclause (III)—

(aa)

by striking “grants awarded” and inserting “awards made”; and

(bb)

by striking “grant recipients” and inserting “award recipients”; and

(ix)

in subsection (c)(3)—

(I)

in subparagraph (A)—

(aa)

by striking “grant recipients” and inserting “award recipients”; and

(bb)

by striking “grants” and inserting “awards”; and

(II)

in subparagraph (C), by striking “grant program” and inserting “award program”.

(2)

Priority of award applications— Section 741(b)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16091(b)(2)) is amended—

(A)

in subparagraph (A)—

(i)

by striking “1977” and inserting “2007”; and

(ii)

by inserting before the period at the end “with clean school buses with low or zero emissions”; and

(B)

by amending subparagraph (B) to read as follows:

“(B) Retrofitting—In the case of award applications to retrofit school buses, the Administrator shall give highest priority to applicants that propose to retrofit school buses manufactured in or after model year 2010 to become clean school buses.”

(3)

Use of school bus fleet— Section 741(b)(3)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16091(b)(3)(B)) is amended by inserting “charged,” after “operated,”.

(4)

Replacement awards— Paragraph (5) of section 741(b) of the Energy Policy Act of 2005 (42 U.S.C. 16091(b)) is amended to read as follows:

“(5) Replacement awards—In the case of awards to replace school buses—

“(A) the Administrator may make awards for up to 60 percent of the replacement costs; and

“(B) such replacement costs may include the costs of acquiring the clean school buses and charging and fueling infrastructure.”

(5)

Ultra low-sulfur diesel fuel— Section 741(b) of the Energy Policy Act of 2005 (42 U.S.C. 16091(b)) is amended—

(A)

by striking paragraph (6); and

(B)

by redesignating paragraph (7) as paragraph (6).

(6)

Scrappage— Section 741(b) of the Energy Policy Act of 2005 (42 U.S.C. 16091(b)) is further amended by inserting after paragraph (6), as redesignated, the following new paragraph:

“(7) Scrappage—In the case of an award under this section for the replacement of a school bus or a retrofit including installation of a new engine, the Administrator shall require the recipient of the award to verify that the replaced bus, or the engine of a retrofitted bus that was removed, was returned to the supplier for remanufacturing to a more stringent set of engine emissions standards or for scrappage.”

(c)

Education— Paragraph (1) of section 741(c) of the Energy Policy Act of 2005 (42 U.S.C. 16091(c)) is amended to read as follows:

“(1) In general—Not later than 90 days after the date of enactment of the Clean Commute for Kids Act of 2020, the Administrator shall develop an education outreach program to promote and explain the award program under subsection (b), as amended by such Act.”

(d)

Contract programs; administrative costs— Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is amended—

(1)

by redesignating subsection (d) as subsection (f); and

(2)

by inserting after subsection (c) the following new subsections:

“(d) Contract programs

“(1) Authority—In addition to the use of contracting authority otherwise available to the Administrator, the Administrator may enter into contracts with eligible contractors described in paragraph (2) for awarding rebates and low-cost revolving loans pursuant to subsection (b)(1).

“(2) Eligible contractors—A contractor is an eligible contractor described in this paragraph if the contractor is a for-profit, not-for-profit, or nonprofit entity that has the capacity—

“(A) to sell clean school buses or equipment to, or to arrange financing for, individuals or entities that own a school bus or fleet of school buses; or

“(B) to upgrade school buses or their equipment with verified or Environmental Protection Agency-certified engines or technologies, or to arrange financing for such upgrades.

“(e) Administrative costs—The Administrator may not use, for the administrative costs of carrying out this section, more than one percent of the amounts made available to carry out this section for any fiscal year.”

(e)

Authorization of appropriations— Subsection (f), as redesignated, of section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is amended to read as follows:

“(f) Authorization of appropriations

“(1) In general—There is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $130,000,000 for each of fiscal years 2021 through 2025, of which not less than $45,000,000 each such fiscal year shall be used for grants under this section to eligible recipients proposing to replace or retrofit school buses to serve an underserved or disadvantaged community.

“(2) Definition—In this subsection, the term underserved or disadvantaged community means a community located in a zip code within a census tract that is identified as—

“(A) a low-income community;

“(B) an urban community of color; or

“(C) any other urban community that the Administrator determines is disproportionately vulnerable to, or bears a disproportionate burden of, any combination of economic, social, and environmental stressors.”

Sec. 33312 Study on impact of air pollution from vehicles idling in school zones

Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services and the Administrator of the Environmental Protection Agency, acting jointly, shall—

(1)

complete a study on the impacts on the health of children related to the emission of air pollutants from school buses and other vehicles idling in school zones; and

(2)

submit a report to the Congress on the results of such study.

3 Refrigerated vehicles

Sec. 33321 Pilot program for the electrification of certain refrigerated vehicles

(a)

Establishment of pilot program— The Administrator shall establish and carry out a pilot program to award funds, in the form of grants, rebates, and low-cost revolving loans, as determined appropriate by the Administrator, on a competitive basis, to eligible entities to carry out projects described in subsection (b).

(b)

Projects— An eligible entity receiving an award of funds under subsection (a) may use such funds only for one or more of the following projects:

(1)

Transport refrigeration unit replacement— A project to retrofit a heavy-duty vehicle by replacing or retrofitting the existing diesel-powered transport refrigeration unit in such vehicle with an electric transport refrigeration unit and retiring the replaced unit for scrappage.

(2)

Shore power infrastructure— A project to purchase and install shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power and operate without using diesel fuel.

(c)

Maximum amounts— The amount of an award of funds under subsection (a) shall not exceed—

(1)

for the costs of a project described in subsection (b)(1), 75 percent of such costs; and

(2)

for the costs of a project described in subsection (b)(2), 55 percent of such costs.

(d)

Applications— To be eligible to receive an award of funds under subsection (a), an eligible entity shall submit to the Administrator—

(1)

a description of the air quality in the area served by the eligible entity, including a description of how the air quality is affected by diesel emissions from heavy-duty vehicles;

(2)

a description of the project proposed by the eligible entity, including—

(A)

any technology to be used or funded by the eligible entity; and

(B)

a description of the heavy-duty vehicle or vehicles of the eligible entity, that will be retrofitted, if any, including—

(i)

the number of such vehicles;

(ii)

the uses of such vehicles;

(iii)

the locations where such vehicles dock for the purpose of loading or unloading; and

(iv)

the routes driven by such vehicles, including the times at which such vehicles are driven;

(3)

an estimate of the cost of the proposed project;

(4)

a description of the age and expected lifetime control of the equipment used or funded by the eligible entity; and

(5)

provisions for the monitoring and verification of the project including to verify scrappage of replaced units.

(e)

Priority— In awarding funds under subsection (a), the Administrator shall give priority to proposed projects that, as determined by the Administrator—

(1)

maximize public health benefits;

(2)

are the most cost-effective; and

(3)

will serve the communities that are most polluted by diesel motor emissions, including communities that the Administrator identifies as being in either nonattainment or maintenance of the national ambient air quality standards for a criteria pollutant, particularly for—

(A)

ozone; and

(B)

particulate matter.

(f)

Data release— Not later than 120 days after the date on which an award of funds is made under this section, the Administrator shall publish on the website of the Environmental Protection Agency, on a downloadable electronic database, information with respect to such award of funds, including—

(1)

the name and location of the recipient;

(2)

the total amount of funds awarded;

(3)

the intended use or uses of the awarded funds;

(4)

the date on which the award of funds was approved;

(5)

where applicable, an estimate of any air pollution or greenhouse gas emissions avoided as a result of the project funded by the award; and

(6)

any other data the Administrator determines to be necessary for an evaluation of the use and effect of awarded funds provided under this section.

(g)

Reports to Congress—

(1)

Annual report to Congress— Not later than 1 year after the date of the establishment of the pilot program under this section, and annually thereafter until amounts made available to carry out this section are expended, the Administrator shall submit to Congress and make available to the public a report that describes, with respect to the applicable year—

(A)

the number of applications for awards of funds received under such program;

(B)

all awards of funds made under such program, including a summary of the data described in subsection (f);

(C)

the estimated reduction of annual emissions of air pollutants regulated under section 109 of the Clean Air Act (42 U.S.C. 7409), and the estimated reduction of greenhouse gas emissions, associated with the awards of funds made under such program;

(D)

the number of awards of funds made under such program for projects in communities described in subsection (e)(3); and

(E)

any other data the Administrator determines to be necessary to describe the implementation, outcomes, or effectiveness of such program.

(2)

Final report— Not later than 1 year after amounts made available to carry out this section are expended, or 5 years after the pilot program is established, whichever comes first, the Administrator shall submit to Congress and make available to the public a report that describes—

(A)

all of the information collected for the annual reports under paragraph (1);

(B)

any benefits to the environment or human health that could result from the widespread application of electric transport refrigeration units for short-haul transportation and delivery of perishable goods or other goods requiring climate-controlled conditions, including in low-income communities and communities of color;

(C)

any challenges or benefits that recipients of awards of funds under such program reported with respect to the integration or use of electric transport refrigeration units and associated technologies;

(D)

an assessment of the national market potential for electric transport refrigeration units;

(E)

an assessment of challenges and opportunities for widespread deployment of electric transport refrigeration units, including in urban areas; and

(F)

recommendations for how future Federal, State, and local programs can best support the adoption and widespread deployment of electric transport refrigeration units.

(h)

Definitions— In this section:

(1)

Administrator— The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

Diesel-powered transport refrigeration unit— The term diesel-powered transport refrigeration unit means a transport refrigeration unit that is powered by an independent diesel internal combustion engine.

(3)

Electric transport refrigeration unit— The term electric transport refrigeration unit means a transport refrigeration unit in which the refrigeration or climate-control system is driven by an electric motor when connected to shore power infrastructure or other equipment that enables transport refrigeration units to connect to electric power, including all-electric transport refrigeration units, hybrid electric transport refrigeration units, and standby electric transport refrigeration units.

(4)

Eligible entity— The term eligible entity means—

(A)

a regional, State, local, or Tribal agency, or port authority, with jurisdiction over transportation or air quality;

(B)

a nonprofit organization or institution that—

(i)

represents or provides pollution reduction or educational services to persons or organizations that own or operate heavy-duty vehicles or fleets of heavy-duty vehicles; or

(ii)

has, as its principal purpose, the promotion of air quality;

(C)

an individual or entity that is the owner of record of a heavy-duty vehicle or a fleet of heavy-duty vehicles that operates for the transportation and delivery of perishable goods or other goods requiring climate-controlled conditions;

(D)

an individual or entity that is the owner of record of a facility that operates as a warehouse or storage facility for perishable goods or other goods requiring climate-controlled conditions; or

(E)

a hospital or public health institution that utilizes refrigeration for storage of perishable goods or other goods requiring climate-controlled conditions.

(5)

Heavy-duty vehicle— The term heavy-duty vehicle means—

(A)

a commercial truck or van—

(i)

used for the primary purpose of transporting perishable goods or other goods requiring climate-controlled conditions; and

(ii)

with a gross vehicle weight rating greater than 6,000 pounds; or

(B)

an insulated cargo trailer used in transporting perishable goods or other goods requiring climate-controlled conditions when mounted on a semitrailer.

(6)

Shore power infrastructure— The term shore power infrastructure means electrical infrastructure that provides power to the electric transport refrigeration unit of a heavy-duty vehicle when such vehicle is stationary on a property where such vehicle is parked or loaded, including a food distribution center or other location where heavy-duty vehicles congregate.

(7)

Transport refrigeration unit— The term transport refrigeration unit means a climate-control system installed on a heavy-duty vehicle for the purpose of maintaining the quality of perishable goods or other goods requiring climate-controlled conditions.

(i)

Authorization of appropriations—

(1)

In general— There is authorized to be appropriated to carry out this section $10,000,000, to remain available until expended.

(2)

Administrative expenses— The Administrator may use not more than 1 percent of amounts made available pursuant to paragraph (1) for administrative expenses to carry out this section.

4 EV infrastructure

Sec. 33331 Definitions

In this chapter:

(1)

Electric vehicle supply equipment— The term electric vehicle supply equipment means any conductors, including ungrounded, grounded, and equipment grounding conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle.

(2)

Secretary— The term Secretary means the Secretary of Energy.

(3)

Underserved or disadvantaged community— The term underserved or disadvantaged community means—

(A)

a community located in a ZIP code that includes a census tract that is identified as—

(i)

a low-income community; or

(ii)

a community of color; or

(B)

any other community that the Secretary determines is disproportionately vulnerable to, or bears a disproportionate burden of, any combination of economic, social, and environmental stressors.

Sec. 33332 Electric vehicle supply equipment rebate program

(a)

Rebate program— Not later than January 1, 2021, the Secretary shall establish a rebate program to provide rebates for covered expenses associated with publicly accessible electric vehicle supply equipment (in this section referred to as the “rebate program”).

(b)

Rebate program requirements—

(1)

Eligible entities— A rebate under the rebate program may be made to an individual, a State, local, Tribal, or Territorial government, a private entity, a not-for-profit entity, a nonprofit entity, or a metropolitan planning organization.

(2)

Eligible equipment—

(A)

In general— Not later than 180 days after the date of the enactment of this Act, the Secretary shall publish and maintain on the Department of Energy internet website a list of electric vehicle supply equipment that is eligible for the rebate program.

(B)

Updates— The Secretary may, by regulation, add to, or otherwise revise, the list of electric vehicle supply equipment under subparagraph (A) if the Secretary determines that such addition or revision will likely lead to—

(i)

greater usage of electric vehicle supply equipment;

(ii)

greater access to electric vehicle supply equipment by users; or

(iii)

an improved experience for users of electric vehicle supply equipment.

(C)

Location requirement— To be eligible for the rebate program, the electric vehicle supply equipment described in subparagraph (A) shall be installed—

(i)

in the United States;

(ii)

on property—

(I)

owned by the eligible entity under paragraph (1); or

(II)

on which the eligible entity under paragraph (1) has authority to install electric vehicle supply equipment; and

(iii)

at a location that is—

(I)

a multi-unit housing structure;

(II)

a workplace;

(III)

a commercial location; or

(IV)

open to the public for a minimum of 12 hours per day;

(3)

Application—

(A)

In general— An eligible entity under paragraph (1) may submit to the Secretary an application for a rebate under the rebate program. Such application shall include—

(i)

the estimated cost of covered expenses to be expended on the electric vehicle supply equipment that is eligible under paragraph (2);

(ii)

the estimated installation cost of the electric vehicle supply equipment that is eligible under paragraph (2);

(iii)

the global positioning system location, including the integer number of degrees, minutes, and seconds, where such electric vehicle supply equipment is to be installed, and identification of whether such location is—

(I)

a multi-unit housing structure;

(II)

a workplace;

(III)

a commercial location; or

(IV)

open to the public for a minimum of 12 hours per day;

(iv)

the technical specifications of such electric vehicle supply equipment, including the maximum power voltage and amperage of such equipment; and

(v)

any other information determined by the Secretary to be necessary for a complete application.

(B)

Review process— The Secretary shall review an application for a rebate under the rebate program and approve an eligible entity under paragraph (1) to receive such rebate if the application meets the requirements of the rebate program under this subsection.

(C)

Notification to eligible entity— Not later than 1 year after the date on which the eligible entity under paragraph (1) applies for a rebate under the rebate program, the Secretary shall notify the eligible entity whether the eligible entity will be awarded a rebate under the rebate program following the submission of additional materials required under paragraph (5).

(4)

Rebate amount—

(A)

In general— Except as provided in subparagraph (B), the amount of a rebate made under the rebate program for each charging unit shall be the lesser of—

(i)

75 percent of the applicable covered expenses;

(ii)

$2,000 for covered expenses associated with the purchase and installation of non-networked level 2 charging equipment;

(iii)

$4,000 for covered expenses associated with the purchase and installation of networked level 2 charging equipment; or

(iv)

$100,000 for covered expenses associated with the purchase and installation of networked direct current fast charging equipment.

(B)

Rebate amount for replacement equipment— A rebate made under the rebate program for replacement of pre-existing electric vehicle supply equipment at a single location shall be the lesser of—

(i)

75 percent of the applicable covered expenses;

(ii)

$1,000 for covered expenses associated with the purchase and installation of non-networked level 2 charging equipment;

(iii)

$2,000 for covered expenses associated with the purchase and installation of networked level 2 charging equipment; or

(iv)

$25,000 for covered expenses associated with the purchase and installation of networked direct current fast charging equipment.

(5)

Disbursement of rebate—

(A)

In general— The Secretary shall disburse a rebate under the rebate program to an eligible entity under paragraph (1), following approval of an application under paragraph (3), if such entity submits the materials required under subparagraph (B).

(B)

Materials required for disbursement of rebate— Not later than one year after the date on which the eligible entity under paragraph (1) receives notice under paragraph (3)(C) that the eligible entity has been approved for a rebate, such eligible entity shall submit to the Secretary the following—

(i)

a record of payment for covered expenses expended on the installation of the electric vehicle supply equipment that is eligible under paragraph (2);

(ii)

a record of payment for the electric vehicle supply equipment that is eligible under paragraph (2);

(iii)

the global positioning system location of where such electric vehicle supply equipment was installed and identification of whether such location is—

(I)

a multi-unit housing structure;

(II)

a workplace;

(III)

a commercial location; or

(IV)

open to the public for a minimum of 12 hours per day;

(iv)

the technical specifications of the electric vehicle supply equipment that is eligible under paragraph (2), including the maximum power voltage and amperage of such equipment; and

(v)

any other information determined by the Secretary to be necessary.

(C)

Agreement to maintain— To be eligible for a rebate under the rebate program, an eligible entity under paragraph (1) shall enter into an agreement with the Secretary to maintain the electric vehicle supply equipment that is eligible under paragraph (2) in a satisfactory manner for not less than 5 years after the date on which the eligible entity under paragraph (1) receives the rebate under the rebate program.

(D)

Exception— The Secretary shall not disburse a rebate under the rebate program if materials submitted under subparagraph (B) do not meet the same global positioning system location and technical specifications for the electric vehicle supply equipment that is eligible under paragraph (2) provided in an application under paragraph (3).

(6)

Multi-port chargers— An eligible entity under paragraph (1) shall be awarded a rebate under the rebate program for covered expenses relating to the purchase and installation of a multi-port charger based on the number of publicly accessible charging ports, with each subsequent port after the first port being eligible for 50 percent of the full rebate amount.

(7)

Hydrogen fuel cell refueling infrastructure— Hydrogen fuel cell refueling equipment shall be eligible for a rebate under the rebate program. All requirements related to public accessibility of installed locations shall apply. Of the amounts appropriated to carry out the rebate program, not more than 25 percent may be used for rebates for hydrogen fuel cell refueling equipment.

(8)

Report— Not later than 3 years after the first date on which the Secretary awards a rebate under the rebate program, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report of the number of rebates awarded for electric vehicle supply equipment and hydrogen fuel cell refueling equipment in each of the location categories described in paragraph (2)(C)(iii).

(c)

Definitions— In this section:

(1)

Covered expenses— The term covered expenses means an expense that is associated with the purchase and installation of electric vehicle supply equipment, including—

(A)

the cost of electric vehicle supply equipment;

(B)

labor costs associated with the installation of such electric vehicle supply equipment, only if wages for such labor are paid at rates not less than those prevailing on similar labor in the locality of installation, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the “Davis-Bacon Act”);

(C)

material costs associated with the installation of such electric vehicle supply equipment, including expenses involving electrical equipment and necessary upgrades or modifications to the electrical grid and associated infrastructure required for the installation of such electric vehicle supply equipment;

(D)

permit costs associated with the installation of such electric vehicle supply equipment; and

(E)

the cost of an on-site energy storage system.

(2)

Electric vehicle— The term electric vehicle means a vehicle that derives all or part of its power from electricity.

(3)

Multi-port charger— The term multi-port charger means electric vehicle supply equipment capable of charging more than one electric vehicle.

(4)

Level 2 charging equipment— The term level 2 charging equipment means electric vehicle supply equipment that provides an alternating current power source at a minimum of 208 volts.

(5)

Networked direct current fast charging equipment— The term networked direct current fast charging equipment means electric vehicle supply equipment that provides a direct current power source at a minimum of 50 kilowatts and is enabled to connect to a network to facilitate data collection and access.

(d)

Authorization of appropriations— There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2021 through 2025.

Sec. 33333 Expanding access to electric vehicles in underserved communities

(a)

Assessment—

(1)

In general—

(A)

Assessment— The Secretary shall conduct an assessment of the state of, challenges to, and opportunities for the deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities located in major urban areas and rural areas throughout the United States.

(B)

Report— Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the results of the assessment conducted under subparagraph (A), which shall—

(i)

describe the state of deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities located in major urban areas and rural areas by providing—

(I)

the number of existing and planned Level 2 charging stations and DC FAST charging stations per capita in each State for charging individually owned light-duty and medium-duty electric vehicles;

(II)

the number of existing and planned Level 2 charging stations and DC FAST charging stations for charging public and private fleet electric vehicles and medium- and heavy-duty electric equipment and electric vehicles;

(III)

the number of Level 2 charging stations and DC FAST charging stations installed in or available to occupants of publicly owned and privately owned multi-unit dwellings;

(IV)

information pertaining to policies, plans, and programs that cities, States, utilities, and private entities are using to encourage greater deployment and usage of electric vehicles and the associated electric vehicle charging infrastructure, including programs to encourage deployment of charging stations available to residents in publicly owned and privately owned multi-unit dwellings;

(V)

information pertaining to ownership models for Level 2 charging stations and DC FAST charging stations located in publicly owned and privately owned residential multi-unit dwellings, commercial buildings, public and private parking areas, and curb-side locations; and

(VI)

information pertaining to how charging stations are financed and the rates charged for the use of Level 2 charging stations and DC FAST charging stations;

(ii)

describe the methodology used to obtain the information provided in the report;

(iii)

identify the barriers to expanding deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in major urban areas and rural areas, including any challenges relating to such deployment in multi-unit dwellings;

(iv)

compile and provide an analysis of the best practices and policies used by State and local governments and private entities to increase deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in major urban areas and rural areas, including best practices with respect to—

(I)

public outreach and engagement; and

(II)

increasing deployment of electric vehicle charging infrastructure in publicly owned and privately owned multi-unit dwellings; and

(v)

enumerate and identify the number of electric vehicle charging stations per capita at locations within each major urban area and rural area throughout the United States with detail at the level of ZIP Codes and census tracts.

(2)

Five-year update assessment— Not later than 5 years after the date of the enactment of this Act, the Secretary shall—

(A)

update the assessment conducted under paragraph (1)(A); and

(B)

make public and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report, which shall—

(i)

update the information required by paragraph (1)(B); and

(ii)

include a description of case studies and key lessons learned after the date on which the report under paragraph (1)(B) was submitted with respect to expanding the deployment of electric vehicle charging infrastructure in underserved or disadvantaged communities in major urban areas and rural areas.

(b)

Definitions— In this section:

(1)

Electric vehicle charging infrastructure— The term electric vehicle charging infrastructure means electric vehicle supply equipment and other physical assets that provide for the distribution of and access to electricity for the purpose of charging an electric vehicle or a plug-in hybrid electric vehicle.

(2)

Major urban area— The term major urban area means a metropolitan statistical area within the United States with an estimated population that is greater than or equal to 1,500,000.

Sec. 33334 Ensuring program benefits for underserved and disadvantaged communities

In carrying out this chapter, and the amendments made by this chapter, the Secretary shall provide, to the extent practicable access to electric vehicle charging infrastructure, address transportation needs, and provide improved air quality in underserved or disadvantaged communities.

Sec. 33335 Model building code for electric vehicle supply equipment

(a)

Review— The Secretary shall review proposed or final model building codes for—

(1)

integrating electric vehicle supply equipment into residential and commercial buildings that include space for individual vehicle or fleet vehicle parking; and

(2)

integrating onsite renewable power equipment and electric storage equipment (including electric vehicle batteries to be used for electric storage) into residential and commercial buildings.

(b)

Technical assistance— The Secretary shall provide technical assistance to stakeholders representing the building construction industry, manufacturers of electric vehicles and electric vehicle supply equipment, State and local governments, and any other persons with relevant expertise or interests to facilitate understanding of the model code and best practices for adoption by jurisdictions.

Sec. 33336 Electric vehicle supply equipment coordination

(a)

In general— Not later than 90 days after the date of enactment of this Act, the Secretary, acting through the Assistant Secretary of the Office of Electricity Delivery and Energy Reliability (including the Smart Grid Task Force), shall convene a group to assess progress in the development of standards necessary to—

(1)

support the expanded deployment of electric vehicle supply equipment;

(2)

develop an electric vehicle charging network to provide reliable charging for electric vehicles nationwide; and

(3)

ensure the development of such network will not compromise the stability and reliability of the electric grid.

(b)

Report to Congress— Not later than 1 year after the date of enactment of this Act, the Secretary shall provide to the Committee on Energy and Commerce of the House of Representatives and to the Committee on Energy and Natural Resources of the Senate a report containing the results of the assessment carried out under subsection (a) and recommendations to overcome any barriers to standards development or adoption identified by the group convened under such subsection.

Sec. 33337 State consideration of electric vehicle charging

(a)

Consideration and determination respecting certain ratemaking standards— Section 111(d) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the following:

“(20) Electric vehicle charging programs

“(A) In general—Each State shall consider measures to promote greater electrification of the transportation sector, including—

“(i) authorizing measures to stimulate investment in and deployment of electric vehicle supply equipment and to foster the market for electric vehicle charging;

“(ii) authorizing each electric utility of the State to recover from ratepayers any capital, operating expenditure, or other costs of the electric utility relating to load management, programs, or investments associated with the integration of electric vehicle supply equipment into the grid; and

“(iii) allowing a person or agency that owns and operates an electric vehicle charging facility for the sole purpose of recharging an electric vehicle battery to be excluded from regulation as an electric utility pursuant to section 3(4) when making electricity sales from the use of the electric vehicle charging facility, if such sales are the only sales of electricity made by the person or agency.

“(B) Definition—For purposes of this paragraph, the term electric vehicle supply equipment means conductors, including ungrounded, grounded, and equipment grounding conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle.”

(b)

Obligations To consider and determine—

(1)

Time limitations— Section 112(b) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended by adding at the end the following:

“(7)

“(A) Not later than 1 year after the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority) and each nonregulated utility shall commence the consideration referred to in section 111, or set a hearing date for consideration, with respect to the standards established by paragraph (20) of section 111(d).

“(B) Not later than 2 years after the date of the enactment of this paragraph, each State regulatory authority (with respect to each electric utility for which it has ratemaking authority), and each nonregulated electric utility, shall complete the consideration, and shall make the determination, referred to in section 111 with respect to each standard established by paragraph (20) of section 111(d).”

(2)

Failure to comply— Section 112(c) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is amended by striking “(19)” and inserting “(20)”.

(3)

Prior State actions— Section 112 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended by adding at the end the following:

“(g) Prior State actions—Subsections (b) and (c) of this section shall not apply to the standard established by paragraph (20) of section 111(d) in the case of any electric utility in a State if, before the enactment of this subsection—

“(1) the State has implemented for such utility the standard concerned (or a comparable standard);

“(2) the State regulatory authority for such State or relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard concerned (or a comparable standard) for such utility;

“(3) the State legislature has voted on the implementation of such standard (or a comparable standard) for such utility; or

“(4) the State has taken action to implement incentives or other steps to strongly encourage the deployment of electric vehicles.”

Sec. 33338 State energy plans

(a)

State energy conservation plans— Section 362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended—

(1)

in paragraph (16), by striking “; and” and inserting a semicolon;

(2)

by redesignating paragraph (17) as paragraph (18); and

(3)

by inserting after paragraph (16) the following:

“(17) a State energy transportation plan developed in accordance with section 367; and”

(b)

Authorization of appropriations— Section 365(f) of the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is amended to read as follows:

“(f) Authorization of appropriations

“(1) State energy conservation plans—For the purpose of carrying out this part, there are authorized to be appropriated $100,000,000 for each of fiscal years 2021 through 2025.

“(2) State energy transportation plans—In addition to the amounts authorized under paragraph (1), for the purpose of carrying out section 367, there are authorized to be appropriated $25,000,000 for each of fiscal years 2021 through 2025.”

(c)

State energy transportation plans— Part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.) is amended by adding at the end the following:

“367. State energy transportation plans

“(a) In general—The Secretary may provide financial assistance to a State to develop a State energy transportation plan, for inclusion in a State energy conservation plan under section 362(d), to promote the electrification of the transportation system, reduced consumption of fossil fuels, and improved air quality.

“(b) Development—A State developing a State energy transportation plan under this section shall carry out this activity through the State energy office that is responsible for developing the State energy conservation plan under section 362.

“(c) Contents—A State developing a State energy transportation plan under this section shall include in such plan a plan to—

“(1) deploy a network of electric vehicle supply equipment to ensure access to electricity for electric vehicles; and

“(2) promote modernization of the electric grid to accommodate demand for power to operate electric vehicle supply equipment and to utilize energy storage capacity provided by electric vehicles.

“(d) Coordination—In developing a State energy transportation plan under this section, a State shall coordinate, as appropriate, with—

“(1) State regulatory authorities (as defined in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602));

“(2) electric utilities;

“(3) regional transmission organizations or independent system operators;

“(4) private entities that provide electric vehicle charging services;

“(5) State transportation agencies, metropolitan planning organizations, and local governments;

“(6) electric vehicle manufacturers;

“(7) public and private entities that manage vehicle fleets; and

“(8) public and private entities that manage ports, airports, or other transportation hubs.

“(e) Technical assistance—Upon request of the Governor of a State, the Secretary shall provide information and technical assistance in the development, implementation, or revision of a State energy transportation plan.

“(f) Electric vehicle supply equipment defined—For purposes of this section, the term electric vehicle supply equipment means conductors, including ungrounded, grounded, and equipment grounding conductors, electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, or apparatuses installed specifically for the purpose of delivering energy to an electric vehicle.”

Sec. 33339 Transportation electrification

Section 131 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17011) is amended—

(1)

in subsection (a)(6)—

(A)

in subparagraph (A), by inserting “, including ground support equipment at ports” before the semicolon;

(B)

in subparagraph (E), by inserting “and vehicles” before the semicolon;

(C)

in subparagraph (H), by striking “and” at the end;

(D)

in subparagraph (I)—

(i)

by striking “battery chargers,”; and

(ii)

by striking the period at the end and inserting a semicolon; and

(E)

by adding at the end the following:

“(J) installation of electric vehicle supply equipment for recharging plug-in electric drive vehicles, including such equipment that is accessible in rural and urban areas and in underserved or disadvantaged communities; and

“(K) multi-use charging hubs used for multiple forms of transportation.”

(2)

in subsection (b)—

(A)

in paragraph (3)(A)—

(i)

in clause (i), by striking “and” at the end; and

(ii)

in clause (ii), by inserting “, components for such vehicles, and charging equipment for such vehicles” after “vehicles”; and

(B)

in paragraph (6), by striking “$90,000,000 for each of fiscal years 2008 through 2012” and inserting “$2,000,000,000 for each of fiscal years 2021 through 2025”;

(3)

in subsection (c)—

(A)

in the header, by striking “Near-Term” and inserting “Large-Scale”; and

(B)

in paragraph (4), by striking “$95,000,000 for each of fiscal years 2008 through 2013” and inserting “$2,500,000,000 for each of fiscal years 2021 through 2025”; and

(4)

by redesignating subsection (d) as subsection (e) and inserting after subsection (c) the following:

“(d) Priority—In providing grants under subsections (b) and (c), the Secretary shall give priority consideration to applications that contain a written assurance that all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair that is financed, in whole or in part, by a grant provided under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code (and the Secretary of Labor shall, with respect to the labor standards described in this clause, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40, United States Code).”

Sec. 33340 Federal fleets

(a)

Minimum Federal fleet requirement— Section 303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) is amended—

(1)

in subsection (a), by adding at the end the following:

“(3) The Secretary, in consultation with the Administrator of General Services, shall ensure that in acquiring medium- and heavy-duty vehicles for a Federal fleet, a Federal entity shall acquire zero emission vehicles to the maximum extent feasible.”

(2)

by striking subsection (b) and inserting the following:

“(b) Percentage requirements

“(1) In general

“(A) Light-duty vehicles—Beginning in fiscal year 2025, 100 percent of the total number of light-duty vehicles acquired by a Federal entity for a Federal fleet shall be alternative fueled vehicles, of which—

“(i) at least 50 percent shall be zero emission vehicles or plug-in hybrids in fiscal years 2025 through 2034;

“(ii) at least 75 percent shall be zero emission vehicles or plug-in hybrids in fiscal years 2035 through 2049; and

“(iii) 100 percent shall be zero emission vehicles in fiscal year 2050 and thereafter.

“(B) Medium- and heavy-duty vehicles—The following percentages of the total number of medium- and heavy-duty vehicles acquired by a Federal entity for a Federal fleet shall be alternative fueled vehicles:

“(i) At least 20 percent in fiscal years 2025 through 2029.

“(ii) At least 30 percent in fiscal years 2030 through 2039.

“(iii) At least 40 percent in fiscal years 2040 through 2049.

“(iv) At least 50 percent in fiscal year 2050 and thereafter.

“(2) Exception—The Secretary, in consultation with the Administrator of General Services where appropriate, may permit a Federal entity to acquire for a Federal fleet a smaller percentage than is required in paragraph (1) for a fiscal year, so long as the aggregate percentage acquired for each class of vehicle for all Federal fleets in the fiscal year is at least equal to the required percentage.

“(3) Definitions—In this subsection:

“(A) Federal fleet—The term Federal fleet means a fleet of vehicles that are centrally fueled or capable of being centrally fueled and are owned, operated, leased, or otherwise controlled by or assigned to any Federal executive department, military department, Government corporation, independent establishment, or executive agency, the United States Postal Service, the Congress, the courts of the United States, or the Executive Office of the President. Such term does not include—

“(i) motor vehicles held for lease or rental to the general public;

“(ii) motor vehicles used for motor vehicle manufacturer product evaluations or tests;

“(iii) law enforcement vehicles;

“(iv) emergency vehicles; or

“(v) motor vehicles acquired and used for military purposes that the Secretary of Defense has certified to the Secretary must be exempt for national security reasons.

“(B) Fleet—The term fleet means—

“(i) 20 or more light-duty vehicles, located in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 1980 population of more than 250,000; or

“(ii) 10 or more medium- or heavy-duty vehicles, located at a Federal facility or located in a metropolitan statistical area or consolidated metropolitan statistical area, as established by the Bureau of the Census, with a 1980 population of more than 250,000.”

(3)

in subsection (f)(2)(B)—

(A)

by striking “, either”; and

(B)

in clause (i), by striking “or” and inserting “and”.

(b)

Federal fleet conservation requirements— Section 400FF(a) of the Energy Policy and Conservation Act (42 U.S.C. 6374e) is amended—

(1)

in paragraph (1)—

(A)

by striking “18 months after the date of enactment of this section” and inserting “12 months after the date of enactment of the Moving Forward Act”;

(B)

by striking “2010” and inserting “2022”; and

(C)

by striking “and increase alternative fuel consumption” and inserting “, increase alternative fuel consumption, and reduce vehicle greenhouse gas emissions”; and

(2)

by striking paragraph (2) and inserting the following:

“(2) Goals—The goals of the requirements under paragraph (1) are that each Federal agency shall—

“(A) reduce fleet-wide per-mile greenhouse gas emissions from agency fleet vehicles, relative to a baseline of emissions in 2015, by—

“(i) not less than 30 percent by the end of fiscal year 2025;

“(ii) not less than 50 percent by the end of fiscal year 2030; and

“(iii) 100 percent by the end of fiscal year 2050; and

“(B) increase the annual percentage of alternative fuel consumption by agency fleet vehicles as a proportion of total annual fuel consumption by Federal fleet vehicles, to achieve—

“(i) 25 percent of total annual fuel consumption that is alternative fuel by the end of fiscal year 2025;

“(ii) 50 percent of total annual fuel consumption that is alternative fuel by the end of fiscal year 2035; and

“(iii) at least 85 percent of total annual fuel consumption that is alternative fuel by the end of fiscal year 2050.”

Sec. 33341 Domestic Manufacturing Conversion Grant Program

(a)

Hybrid vehicles, advanced vehicles, and fuel cell buses— Subtitle B of title VII of the Energy Policy Act of 2005 (42 U.S.C. 16061 et seq.) is amended—

(1)

in the subtitle header, by inserting “Plug-In Electric Vehicles,” before “Hybrid Vehicles”; and

(2)

in part 1, in the part header, by striking “Hybrid” and inserting “Plug-In Electric”.

(b)

Plug-In electric vehicles— Section 711 of the Energy Policy Act of 2005 (42 U.S.C. 16061) is amended to read as follows:

“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.”

(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”

(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.”

(D)

in paragraph (4) (as so redesignated)—

(i)

in subparagraph (B), by striking “or” at the end;

(ii)

in subparagraph (C), by striking the period at the end and inserting “; or”; and

(iii)

by adding at the end the following:

“(D) at least 75 miles per gallon equivalent while operating as a hydrogen fuel cell electric vehicle.”

(2)

by amending subsection (b) to read as follows:

“(b) Advanced vehicles manufacturing facility

“(1) In general—The Secretary shall provide facility funding awards under this section to advanced technology vehicle manufacturers and component suppliers to pay not more than 50 percent of the cost of—

“(A) reequipping, expanding, or establishing a manufacturing facility in the United States to produce—

“(i) advanced technology vehicles; or

“(ii) qualifying components; and

“(B) engineering integration performed in the United States of advanced technology vehicles and qualifying components.

“(2) Ultra efficient components cost share—The facility funding awards authorized in paragraph (1) may pay not more than 80 percent of the cost if the proposed project is to reequip, expand, or establish a manufacturing facility in the United States to produce ultra efficient components.”

(3)

in subsection (c), by striking “2020” and inserting “2030” each place it appears;

(4)

in subsection (d)—

(A)

by amending paragraph (2) to read as follows:

“(2) Application—An applicant for a loan under this subsection shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including—

“(A) a written assurance that—

“(i) all laborers and mechanics employed by contractors or subcontractors during construction, alteration, or repair, or at any manufacturing operation, that is financed, in whole or in part, by a loan under this section shall be paid wages at rates not less than those prevailing in a similar firm or on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40;

“(ii) the Secretary of Labor shall, with respect to the labor standards described in this paragraph, have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (5 U.S.C. App.) and section 3145 of title 40; and

“(iii) the applicant will remain neutral in any union organizing effort;

“(B) a disclosure of whether there has been any administrative merits determination, arbitral award or decision, or civil judgment, as defined in guidance issued by the Secretary of Labor, rendered against the applicant in the preceding 3 years for violations of applicable labor, employment, civil rights, or health and safety laws; and

“(C) specific information regarding the actions the applicant will take to demonstrate compliance with, and where possible exceedance of, requirements under applicable labor, employment, civil rights, and health and safety laws, and actions the applicant will take to ensure that its direct suppliers demonstrate compliance with applicable labor, employment, civil rights, and health and safety laws.”

(B)

by amending paragraph (3) to read as follows:

“(3) Selection of eligible projects—The Secretary shall select eligible projects to receive loans under this subsection in cases in which the Secretary determines—

“(A) the award recipient—

“(i) has a reasonable prospect of repaying the principal and interest on the loan;

“(ii) will provide sufficient information to the Secretary for the Secretary to ensure that the qualified investment is expended efficiently and effectively; and

“(iii) has met such other criteria as may be established and published by the Secretary; and

“(B) the amount of the loan (when combined with amounts available to the borrower from other sources) will be sufficient to carry out the project.”

(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”.

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.

E Ohio River Basin

Sec. 33501 Interagency plan

(a)

In general— Not later than 180 days after the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, in coordination with the head of each agency described in subsection (d), shall develop and issue an interagency plan for the agencies described in subsection (d) to assist States, Indian tribes, and communities in the Ohio River Basin in preparing for, and responding to, the effects of climate change, including by—

(1)

informing such States, Indian tribes, and communities of existing Federal resources available to such States, Indian tribes, and communities, based on the analysis described in subsection (b)(2); and

(2)

providing assistance through the Environmental Protection Agency’s Smart Growth Program, the Federal Emergency Management Agency’s Pre-Disaster Mitigation Grant Program, the Department of Housing and Urban Development’s Community Development Block Grant program, the Economic Development Administration of the Department of Commerce, and the Department of Agriculture, to such States, Indian tribes, and communities to help them prepare for extreme weather, major floods, rising temperatures, and potential economic losses from such threats.

(b)

Development— In developing the interagency plan under subsection (a), Secretary of the Army, acting through the Chief of Engineers, in coordination with the head of each agency described in subsection (d), shall—

(1)

consult with States, Indian tribes, and communities in the Ohio River Basin that may be affected by climate change; and

(2)

include in such interagency plan—

(A)

identification of the particular needs of such States, Indian tribes, and communities in order for such States, Indian tribes, and communities to adequately prepare for, and respond to, the effects of climate change; and

(B)

an analysis of—

(i)

the availability of existing and potential Federal resources, including programs, grants, loans, and other assistance, that the agencies described in subsection (d) may provide to assist States, Indian tribes, and communities in the Ohio River Basin in preparing for, and responding to, the effects of climate change (including assistance in building or modernizing infrastructure), including—

(I)

Corps of Engineers resources related to—

(aa)

modernizing and hardening levees, floodwalls, and flood control projects for more extreme weather flooding events;

(bb)

restoring wetlands so that such wetlands may absorb rain;

(cc)

reconnecting floodplains to rivers in order to allow for natural flood storage;

(dd)

developing a basin-wide water management plan, in collaboration with the Department of Agriculture, Tennessee Valley Authority, and water management agencies of the States in the Ohio River Basin; and

(ee)

updating and modernizing operations manuals for dams and reservoirs operated by the Corps of Engineers to account for future water risks, precipitation, flow patterns, and usage;

(II)

Environmental Protection Agency resources and Department of Agriculture resources related to modernizing drinking water and wastewater treatment and stormwater management;

(III)

Department of Transportation resources related to raising or hardening critical transportation infrastructure that may be vulnerable to flooding;

(IV)

United States Geological Survey resources and Environmental Protection Agency resources related to water quality and flow discharge monitoring and modeling; and

(V)

Federal Emergency Management Agency resources related to updating and modernizing flood hazard maps to incorporate the latest science and future risk projections; and

(ii)

the limitations of existing Federal resources that the agencies described in subsection (d) may so provide, including—

(I)

the limitations of such resources in meeting the particular needs of such States, Indian tribes, and communities identified under subparagraph (A); and

(II)

recommendations—

(aa)

for Congress regarding any statutory changes regarding existing Federal programs, or additional Federal funding, that the agencies determine are necessary to assist such States, Indian tribes, and communities in preparing for, and responding to, the effects of climate change; and

(bb)

for additional Federal, State, and local resources that the agencies determine are necessary to so assist such States, Indian tribes, and communities.

(c)

Publication and implementation—

(1)

Publication— Upon issuance of the interagency plan developed under subsection (a), the plan shall be published on the public internet website of—

(A)

the Environmental Protection Agency;

(B)

the Assistant Secretary of the Army for Civil Works; and

(C)

the Great Lakes and Ohio River Division of the Corps of Engineers.

(2)

Deadline— Not later than 30 days after the interagency plan developed under subsection (a) is issued, each head of an agency described in subsection (d) shall implement such interagency plan.

(3)

Technical assistance— In implementing the interagency plan developed under subsection (a), the heads of the agencies described in subsection (d) shall provide technical assistance and expertise to States, Indian tribes, and communities in the Ohio River Basin.

(d)

Agencies described— The agencies described in this subsection are as follows:

(1)

The Corps of Engineers.

(2)

The Environmental Protection Agency.

(3)

The National Oceanic and Atmospheric Administration.

(4)

The Department of the Interior.

(5)

The Department of Agriculture.

(6)

The Department of Transportation.

(7)

The Federal Emergency Management Agency.

(8)

The United States Geological Survey.

(9)

The Department of Housing and Urban Development.

(10)

The Department of Commerce.

Sec. 33502 Report on impacts of climate change on electric utilities

Not later than 90 days after the date of enactment of this Act, the Secretary of Energy shall publish, on the public internet website of the Department of Energy, a report that includes—

(1)

an analysis of—

(A)

the potential vulnerabilities of electric utilities that are located in, or serve electric consumers in, the Ohio River Basin, to climate change and extreme weather; and

(B)

the impacts of climate change and extreme weather on such electric utilities; and

(2)

recommendations and technical assistance, as appropriate, to assist such electric utilities in preparing for climate change and extreme weather.

Sec. 33503 Definition

In this subtitle, the term Ohio River Basin means the Ohio River Basin as identified in the Corps of Engineers’ study titled “Ohio River Basin-Formulating Climate Change Mitigation/Adaptation Strategies through Regional Collaboration with the ORB Alliance” (May 2017).

F Open Back Better

Sec. 33601 Short title

This subtitle may be cited as the “Open Back Better Act of 2020”.

Sec. 33602 Facilities energy resiliency

(a)

Definitions— In this section:

(1)

Covered project— The term “covered project” means a building project at an eligible facility that—

(A)

increases—

(i)

resiliency, including—

(I)

public health and safety;

(II)

power outages;

(III)

natural disasters;

(IV)

indoor air quality; and

(V)

any modifications necessitated by the COVID–19 pandemic;

(ii)

energy efficiency;

(iii)

renewable energy; and

(iv)

grid integration; and

(B)

may have combined heat and power and energy storage as project components.

(2)

Early childhood education program— The term “early childhood education program” has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

(3)

Elementary school— The term “elementary school” has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(4)

Eligible facility— The term “eligible facility” means a public facility, as determined by the Secretary, including—

(A)

a public school, including an elementary school and a secondary school;

(B)

a facility used to operate an early childhood education program;

(C)

a local educational agency;

(D)

a medical facility;

(E)

a local or State government building;

(F)

a community facility;

(G)

a public safety facility;

(H)

a day care center;

(I)

an institution of higher education;

(J)

a public library; and

(K)

a wastewater treatment facility.

(5)

Environmental justice community— The term environmental justice community means a community with significant representation of communities of color, low income communities, or Tribal and indigenous communities, that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects.

(6)

Institution of higher education— The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(7)

Local educational agency— The term “local educational agency” has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(8)

Low income— The term low income, with respect to a household, means an annual household income equal to, or less than, the greater of—

(A)

80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and

(B)

200 percent of the Federal poverty line.

(9)

Low income community— The term low income community means a census block group in which not less than 30 percent of households are low income.

(10)

Secondary school— The term “secondary school” has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(11)

Secretary— The term “Secretary” means the Secretary of Energy.

(12)

State— The term “State” has the meaning given the term in section 3 of the Energy Policy and Conservation Act (42 U.S.C. 6202).

(13)

State Energy Program— The term “State Energy Program” means the State Energy Program established under part D of title III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq.).

(14)

Tribal organization—

(A)

In general— The term “tribal organization” has the meaning given the term in section 3765 of title 38, United States Code.

(B)

Technical amendment— Section 3765(4) of title 38, United States Code, is amended by striking “section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l))” and inserting “section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)”.

(b)

State programs—

(1)

Establishment— Not later than 60 days after the date of enactment of this Act, the Secretary shall distribute grants to States under the State Energy Program, in accordance with the allocation formula established under that Program, to implement covered projects.

(2)

Use of funds—

(A)

In general— Subject to subparagraph (B), grant funds under paragraph (1) may be used for technical assistance, project facilitation, and administration.

(B)

Technical assistance— A State may use not more than 10 percent of grant funds received under paragraph (1) to provide technical assistance for the development, facilitation, management, oversight, and measurement of results of covered projects implemented using those funds.

(C)

Environmental justice and other communities— To support communities adversely impacted by the COVID–19 pandemic, a State shall use not less than 40 percent of grant funds received under paragraph (1) to implement covered projects in environmental justice communities or low income communities.

(D)

Private financing— A State receiving a grant under paragraph (1) shall—

(i)

to the extent practicable, leverage private financing for cost-effective energy efficiency, renewable energy, resiliency, and other smart-building improvements, such as by entering into an energy service performance contract; but

(ii)

maintain the use of grant funds to carry out covered projects with more project resiliency, public health, and capital-intensive efficiency and emission reduction components than are typically available through private energy service performance contracts.

(E)

Guidance— In carrying out a covered project using grant funds received under paragraph (1), a State shall, to the extent practicable, adhere to guidance developed by the Secretary pursuant to the American Recovery and Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 115) relating to distribution of funds, if that guidance will speed the distribution of funds under this subsection.

(3)

No matching requirement— Notwithstanding any other provision of law, a State receiving a grant under paragraph (1) shall not be required to provide any amount of matching funding.

(4)

Report— Not later than 1 year after the date on which grants are distributed under paragraph (1), and each year thereafter until the funds appropriated pursuant to paragraph (5) are no longer available, the Secretary shall submit a report on the use of those funds (including in the communities described in paragraph (2)(C)) to—

(A)

the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate;

(B)

the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives;

(C)

the Committee on Energy and Natural Resources of the Senate; and

(D)

the Committee on Energy and Commerce of the House of Representatives.

(5)

Funding— In addition to any amounts made available to the Secretary to carry out the State Energy Program, there is authorized to be appropriated to the Secretary $18,000,000,000 to carry out this subsection, to remain available until September 30, 2025.

(6)

Supplement, not supplant— Funds made available under paragraph (5) shall supplement, not supplant, any other funds made available to States for the State Energy Program or the weatherization assistance program established under part A of title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.).

(c)

Federal Energy Management Program—

(1)

In general— Beginning 60 days after the date of enactment of this Act, the Secretary shall use funds appropriated pursuant to paragraph (4) to provide grants under the AFFECT program under the Federal Energy Management Program of the Department of Energy to implement covered projects.

(2)

Private financing— A recipient of a grant under paragraph (1) shall—

(A)

(B)

(3)

Report— Not later than 1 year after the date on which grants are distributed under paragraph (1), and each year thereafter until funds appropriated pursuant to paragraph (4) are no longer available, the Secretary shall submit a report on the use of those funds to—

(A)

the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate;

(B)

the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives;

(C)

the Committee on Energy and Natural Resources of the Senate; and

(D)

the Committee on Energy and Commerce of the House of Representatives.

(4)

Funding— In addition to any amounts made available to the Secretary to carry out the AFFECT program described in paragraph (1), there is authorized to be appropriated to the Secretary $500,000,000 to carry out this subsection, to remain available until September 30, 2025.

(d)

Tribal organizations—

(1)

In general— Not later than 60 days after the date of enactment of this Act, the Secretary, acting through the head of the Office of Indian Energy, shall distribute funds made available under paragraph (3) to tribal organizations to implement covered projects.

(2)

Report— Not later than 1 year after the date on which funds are distributed under paragraph (1), and each year thereafter until the funds made available under paragraph (3) are no longer available, the Secretary shall submit a report on the use of those funds to—

(A)

the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate;

(B)

the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives;

(C)

the Committee on Energy and Natural Resources of the Senate; and

(D)

the Committee on Energy and Commerce of the House of Representatives.

(3)

Funding— There is authorized to be appropriated to the Secretary $1,500,000,000 to carry out this subsection, to remain available until September 30, 2025.

(e)

Use of American iron, steel, and manufactured goods—

(1)

In general— Except as provided in paragraph (2), none of the funds made available by or pursuant to this section may be used for a covered project unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.

(2)

Exceptions— The requirement under paragraph (1) shall be waived by the head of the relevant Federal department or agency in any case or category of cases in which the head of the relevant Federal department or agency determines that—

(A)

adhering to that requirement would be inconsistent with the public interest;

(B)

the iron, steel, and manufactured goods needed for the project are not produced in the United States—

(i)

in sufficient and reasonably available quantities; and

(ii)

in a satisfactory quality; or

(C)

the inclusion of iron, steel, and relevant manufactured goods produced in the United States would increase the overall cost of the project by more than 25 percent.

(3)

Waiver publication— If the head of a Federal department or agency makes a determination under paragraph (2) to waive the requirement under paragraph (1), the head of the Federal department or agency shall publish in the Federal Register a detailed justification for the waiver.

(4)

International agreements— This subsection shall be applied in a manner consistent with the obligations of the United States under all applicable international agreements.

(f)

Wage rate requirements—

(1)

In general— Notwithstanding any other provision of law, all laborers and mechanics employed by contractors and subcontractors on projects funded directly or assisted in whole or in part by the Federal Government pursuant to this section shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly known as the “Davis-Bacon Act”).

(2)

Authority— With respect to the labor standards specified in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code.

Sec. 33603 Personnel

(a)

In general— To carry out section 33602, the Secretary shall hire within the Department of Energy—

(1)

not less than 300 full-time employees in the Office of Energy Efficiency and Renewable Energy;

(2)

not less than 100 full-time employees, to be distributed among—

(A)

the Office of General Counsel;

(B)

the Office of Procurement Policy;

(C)

the Golden Field Office;

(D)

the National Energy Technology Laboratory; and

(E)

the Office of the Inspector General; and

(3)

not less than 20 full-time employees in the Office of Indian Energy.

(b)

Timeline— Not later than 60 days after the date of enactment of this Act, the Secretary shall—

(1)

hire all personnel under subsection (a); or

(2)

certify that the Secretary is unable to hire all personnel by the date required under this subsection.

(c)

Contract hires—

(1)

In general— If the Secretary makes a certification under subsection (b)(2), the Secretary may hire on a contract basis not more than 50 percent of the personnel required to be hired under subsection (a).

(2)

Duration— An individual hired on a contract basis under paragraph (1) shall have an employment term of not more than 1 year.

(d)

Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this section $84,000,000 for each of fiscal years 2021 through 2031.

(e)

Report— Not later than 60 days after the date of enactment of this Act, and annually thereafter for 2 years, the Secretary shall submit a report on progress made in carrying out subsection (a) to—

(1)

the Subcommittee on Energy and Water Development of the Committee on Appropriations of the Senate;

(2)

the Subcommittee on Energy and Water Development and Related Agencies of the Committee on Appropriations of the House of Representatives;

(3)

the Committee on Energy and Natural Resources of the Senate; and

(4)

the Committee on Energy and Commerce of the House of Representatives.

G Other Matters

Sec. 33701 Water reuse interagency working group

(a)

In general— Not later than 180 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”), shall establish a Water Reuse Interagency Working Group (referred to in this section as the “Working Group”).

(b)

Purpose— The purpose of the Working Group is to develop and coordinate actions, tools, and resources to advance water reuse across the United States, including through the implementation of a National Water Reuse Action Plan that creates opportunities for water reuse in the mission areas of each of the Federal agencies included in the Working Group under subsection (c) (referred to in this section as the “Action Plan”).

(c)

Chairperson; membership— The Working Group shall be—

(1)

chaired by the Administrator; and

(2)

comprised of senior representatives from such Federal agencies as the Administrator determines to be appropriate.

(d)

Duties of the working group— In carrying out this section, the Working Group shall—

(1)

with respect to water reuse, leverage the expertise of industry, the research community, nongovernmental organizations, and government;

(2)

seek to foster water reuse as an important component of integrated water resources management;

(3)

conduct an assessment of new opportunities to advance water reuse and annually update the Action Plan with new actions, as necessary, to pursue those opportunities;

(4)

seek to coordinate Federal programs and policies to support the adoption of water reuse;

(5)

consider how each Federal agency can explore and identify opportunities to support water reuse through the programs and activities of that Federal agency; and

(6)

consult, on a regular basis, with representatives of relevant industries, the research community, and nongovernmental organizations.

(e)

Report— Not less frequently than once every 2 years, the Administrator shall submit to Congress a report on the activities and findings of the Working Group.

(f)

Sunset—

(1)

In general— Subject to paragraph (2), the Working Group shall terminate on the date that is 6 years after the date of enactment of this Act.

(2)

Extension— The Administrator may extend the date of termination of the Working Group under paragraph (1).

H Energy workforce development

1 Office of Economic Impact, Diversity, and Employment

Sec. 33801 Name of office

(a)

In general— Section 211 of the Department of Energy Organization Act (42 U.S.C. 7141) is amended—

(1)

in the section heading, by striking “Minority Economic Impact” and inserting “Economic Impact, Diversity, and Employment”; and

(2)

in subsection (a), by striking “Office of Minority Economic Impact” and inserting “Office of Economic Impact, Diversity, and Employment”.

(b)

Conforming amendment— The table of contents for the Department of Energy Organization Act is amended by amending the item relating to section 211 to read as follows:

Sec. 33802 Energy workforce development programs

Section 211 of the Department of Energy Organization Act (42 U.S.C. 7141) is amended—

(1)

by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

(2)

by inserting after subsection (e) the following:

“(f) The Secretary, acting through the Director, shall establish and carry out the programs described in sections 33811 and 33812 of the Moving Forward Act.”

Sec. 33803 Authorization

Subsection (h) of section 211 of the Department of Energy Organization Act (42 U.S.C. 7141), as redesignated by section 33802 of this Act, is amended by striking “not to exceed $3,000,000 for fiscal year 1979, not to exceed $5,000,000 for fiscal year 1980, and not to exceed $6,000,000 for fiscal year 1981. Of the amounts so appropriated each fiscal year, not less than 50 percent shall be available for purposes of financial assistance under subsection (e).” and inserting “$100,000,000 for each of fiscal years 2020 through 2024.”.

2 Energy workforce development

Sec. 33811 Energy workforce development

(a)

In general— Subject to the availability of appropriations, the Secretary, acting through the Director of the Office of Economic Impact, Diversity, and Employment, shall establish and carry out a comprehensive, nationwide program to improve education and training for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries, in order to increase the number of skilled workers trained to work in such energy-related industries, including by—

(1)

encouraging underrepresented groups, including religious and ethnic minorities, women, veterans, individuals with disabilities, unemployed energy workers, and socioeconomically disadvantaged individuals to enter into the science, technology, engineering, and mathematics (in this section referred to as “STEM”) fields;

(2)

encouraging the Nation’s educational institutions to equip students with the skills, mentorships, training, and technical expertise necessary to fill the employment opportunities vital to managing and operating the Nation’s energy-related industries;

(3)

providing students and other candidates for employment with the necessary skills and certifications for skilled, semiskilled, and highly skilled jobs in such energy-related industries;

(4)

strengthening and more fully engaging Department of Energy programs and laboratories in carrying out the Department’s Minorities in Energy Initiative; and

(5)

to the greatest extent possible, collaborating with and supporting existing State workforce development programs to maximize program efficiency.

(b)

Priority— In carrying out the program established under subsection (a), the Secretary shall prioritize the education and training of underrepresented groups for jobs in energy-related industries.

(c)

Direct assistance— In carrying out the program established under subsection (a), the Secretary shall provide direct assistance (including financial assistance awards, technical expertise, and internships) to educational institutions, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and apprenticeship programs. The Secretary shall distribute such direct assistance in a manner proportional to the needs of, and demand for jobs in, energy-related industries, consistent with information obtained under subsections (e)(3) and (i).

(d)

Clearinghouse— In carrying out the program established under subsection (a), the Secretary shall establish a clearinghouse to—

(1)

maintain and update information and resources on training programs for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries; and

(2)

act as a resource for educational institutions, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and apprenticeship programs that would like to develop and implement training programs for such jobs.

(e)

Collaboration and report— In carrying out the program established under subsection (a), the Secretary—

(1)

shall collaborate with educational institutions, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, apprenticeship programs, and energy-related industries;

(2)

shall encourage and foster collaboration, mentorships, and partnerships among industry, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and apprenticeship programs that currently provide effective training programs for jobs in energy-related industries and educational institutions that seek to establish these types of programs in order to share best practices and approaches that best suit local, State, and national needs; and

(3)

shall collaborate with the Bureau of Labor Statistics, the Department of Commerce, the Bureau of the Census, and energy-related industries to—

(A)

develop a comprehensive and detailed understanding of the workforce needs of such energy-related industries, and job opportunities in such energy-related industries, by State and by region; and

(B)

publish an annual report on job creation in the energy-related industries described in subsection (i)(2).

(f)

Guidelines for educational institutions—

(1)

In general— In carrying out the program established under subsection (a), the Secretary, in collaboration with the Secretary of Education, the Secretary of Commerce, the Secretary of Labor, and the National Science Foundation, shall develop voluntary guidelines or best practices for educational institutions to help provide graduates with the skills necessary for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries.

(2)

Input— The Secretary shall solicit input from energy-related industries in developing guidelines or best practices under paragraph (1).

(3)

Energy efficiency and conservation initiatives— The guidelines or best practices developed under paragraph (1) shall include grade-specific guidelines for teaching energy efficiency technology, manufacturing efficiency technology, community energy resiliency, and conservation initiatives to educate students and families.

(4)

STEM education— The guidelines or best practices developed under paragraph (1) shall promote STEM education in educational institutions as it relates to job opportunities in energy-related industries.

(g)

Outreach to minority-Serving institutions— In carrying out the program established under subsection (a), the Secretary shall—

(1)

give special consideration to increasing outreach to minority-serving institutions;

(2)

make resources available to minority-serving institutions with the objective of increasing the number of skilled minorities and women trained for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries;

(3)

encourage energy-related industries to improve the opportunities for students of minority-serving institutions to participate in industry internships and cooperative work-study programs; and

(4)

partner with the Department of Energy laboratories to increase underrepresented groups’ participation in internships, fellowships, traineeships, and employment at all Department of Energy laboratories.

(h)

Outreach to displaced and unemployed energy workers— In carrying out the program established under subsection (a), the Secretary shall—

(1)

give special consideration to increasing outreach to employers and job trainers preparing displaced and unemployed energy workers for emerging jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries;

(2)

make resources available to institutions serving displaced and unemployed energy workers with the objective of increasing the number of individuals trained for jobs in energy-related industries, including manufacturing, engineering, construction, and retrofitting jobs in such energy-related industries; and

(3)

encourage energy-related industries to improve opportunities for displaced and unemployed energy workers to participate in industry internships and cooperative work-study programs.

(i)

Guidelines To develop skills for an energy industry workforce— In carrying out the program established under subsection (a), the Secretary shall, in collaboration with energy-related industries—

(1)

identify the areas with the greatest demand for workers in each such industry; and

(2)

develop guidelines for the skills necessary for work in the following energy-related industries:

(A)

Energy efficiency industry, including work in energy efficiency, conservation, weatherization, retrofitting, or as inspectors or auditors.

(B)

Renewable energy industry, including work in the development, engineering, manufacturing, and production of renewable energy from renewable energy sources (such as solar, hydropower, wind, or geothermal energy).

(C)

Community energy resiliency industry, including work in the installation of rooftop solar, in battery storage, and in microgrid technologies.

(D)

Fuel cell and hydrogen energy industry.

(E)

Manufacturing industry, including work as operations technicians, in operations and design in additive manufacturing, 3–D printing, and advanced composites and advanced aluminum and other metal alloys, industrial energy efficiency management systems, including power electronics, and other innovative technologies.

(F)

Chemical manufacturing industry, including work in construction (such as welders, pipefitters, and tool and die makers) or as instrument and electrical technicians, machinists, chemical process operators, engineers, quality and safety professionals, and reliability engineers.

(G)

Utility industry, including work in the generation, transmission, and distribution of electricity and natural gas, such as utility technicians, operators, lineworkers, engineers, scientists, and information technology specialists.

(H)

Alternative fuels industry, including work in biofuel development and production.

(I)

Pipeline industry, including work in pipeline construction and maintenance or work as engineers or technical advisors.

(J)

Nuclear industry, including work as scientists, engineers, technicians, mathematicians, or security personnel.

(K)

Oil and gas industry, including work as scientists, engineers, technicians, mathematicians, petrochemical engineers, or geologists.

(L)

Coal industry, including work as coal miners, engineers, developers and manufacturers of state-of-the-art coal facilities, technology vendors, coal transportation workers and operators, or mining equipment vendors.

(j)

Enrollment in training and apprenticeship programs— In carrying out the program established under subsection (a), the Secretary shall work with industry, local workforce development boards, State workforce development boards, nonprofit organizations, labor organizations, and apprenticeship programs to help identify students and other candidates, including from underrepresented communities such as minorities, women, and veterans, to enroll into training and apprenticeship programs for jobs in energy-related industries.

(k)

Authorization of appropriations— There are authorized to be appropriated to carry out this section $20,000,000 for each of fiscal years 2020 through 2024.

Sec. 33812 Energy workforce grant program

(a)

Program—

(1)

Establishment— Subject to the availability of appropriations, the Secretary, acting through the Director of the Office of Economic Impact, Diversity, and Employment, shall establish and carry out a program to provide grants to eligible businesses to pay the wages of new and existing employees during the time period that such employees are receiving training to work in the renewable energy sector, energy efficiency sector, or grid modernization sector.

(2)

Guidelines— Not later than 60 days after the date of enactment of this Act, the Secretary, in consultation with stakeholders, contractors, and organizations that work to advance existing residential energy efficiency, shall establish guidelines to identify training that is eligible for purposes of the program established pursuant to paragraph (1).

(b)

Eligibility— To be eligible to receive a grant under the program established under subsection (a) or a business or labor management organization that is directly involved with energy efficiency or renewable energy technology, or working on behalf of any such business, shall provide services related to—

(1)

renewable electric energy generation, including solar, wind, geothermal, hydropower, and other renewable electric energy generation technologies;

(2)

energy efficiency, including energy-efficient lighting, heating, ventilation, and air conditioning, air source heat pumps, advanced building materials, insulation and air sealing, and other high-efficiency products and services, including auditing and inspection;

(3)

grid modernization or energy storage, including smart grid, microgrid and other distributed energy solutions, demand response management, and home energy management technology; or

(4)

fuel cell and hybrid fuel cell generation.

(c)

Use of grants— An eligible business with—

(1)

20 or fewer employees may use a grant provided under the program established under subsection (a) to pay up to—

(A)

45 percent of an employee’s wages for the duration of the training, if the training is provided by the eligible business; and

(B)

90 percent of an employee’s wages for the duration of the training, if the training is provided by an entity other than the eligible business;

(2)

21 to 99 employees may use a grant provided under the program established under subsection (a) to pay up to—

(A)

37.5 percent of an employee’s wages for the duration of the training, if the training is provided by the eligible business; and

(B)

75 percent of an employee’s wages for the duration of the training, if the training is provided by an entity other than the eligible business; and

(3)

100 employees or more may use a grant provided under the program established under subsection (a) to pay up to—

(A)

25 percent of an employee’s wages for the duration of the training, if the training is provided by the eligible business; and

(B)

50 percent of an employee’s wages for the duration of the training, if the training is provided by an entity other than the eligible business.

(d)

Priority for targeted communities— In providing grants under the program established under subsection (a), the Secretary shall give priority to eligible businesses that—

(1)

recruit employees—

(A)

from the communities that the businesses serve; and

(B)

that are minorities, women, persons who are or were foster children, persons who are transitioning from fossil energy sector jobs, or veterans; and

(2)

provide trainees with the opportunity to obtain real-world experience.

(e)

Limit— An eligible business may not receive more than $100,000 under the program established under subsection (a) per fiscal year.

(f)

Authorization of appropriations— There are authorized to be appropriated to carry out this section $70,000,000 for each of fiscal years 2020 through 2024.

Sec. 33813 Definitions

In this subtitle:

(1)

Apprenticeship— The term apprenticeship means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).

(2)

Educational institution— The term educational institution means an elementary school, secondary school, or institution of higher education.

(3)

Elementary school and secondary school— The terms elementary school and secondary school have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

(4)

Energy-related industry— The term energy-related industry includes each of the energy efficiency, renewable energy, chemical manufacturing, utility, alternative fuels, pipeline, nuclear energy, oil, gas, and coal industries.

(5)

Institution of higher education— The term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

(6)

Labor organization— The term labor organization has the meaning given such term in section 2 of the National Labor Relations Act (29 U.S.C. 152).

(7)

Local workforce development board— The term local workforce development board means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(8)

Minority-serving institution— The term minority-serving institution means an institution of higher education that is of one of the following:

(A)

Hispanic-serving institution (as defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5))).

(B)

Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))).

(C)

Alaska Native-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).

(D)

Native Hawaiian-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).

(E)

Predominantly Black Institution (as defined in section 318(b) of the Higher Education Act of 1965 (20 U.S.C. 1059e(b))).

(F)

Native American-serving nontribal institution (as defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b))).

(G)

Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b))).

(9)

Secretary— The term Secretary means the Secretary of Energy.

(10)

State workforce development board— The term State workforce development board means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

IV Health Care Infrastructure

Sec. 34101 Hospital infrastructure

(a)

In general— Section 1610(a) of the Public Health Service Act (42 U.S.C. 300r(a)) is amended—

(1)

in paragraph (1)(A)—

(A)

in clause (i), by striking “or” at the end;

(B)

in clause (ii), by striking the period at the end and inserting “; or”; and

(C)

by adding at the end the following:

“(iii) increase capacity and update hospitals and other medical facilities in order to better serve communities in need.”

(2)

by striking paragraph (3) and inserting the following paragraphs:

“(3) Priority—In awarding grants under this subsection, the Secretary shall give priority to applicants whose projects will include, by design, public health emergency preparedness, natural disaster emergency preparedness, flood mitigation, or cybersecurity against cyber threats.

“(4) American iron and steel products

“(A) In general—As a condition on receipt of a grant under this subsection for a project, an entity shall ensure that all of the iron and steel products used in the project are produced in the United States.

“(B) Application—Subparagraph (A) shall be waived in any case or category of cases in which the Secretary finds that—

“(i) applying subparagraph (A) would be inconsistent with the public interest;

“(ii) iron and steel products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or

“(iii) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

“(C) Waiver—If the Secretary receives a request for a waiver under this paragraph, the Secretary shall make available to the public, on an informal basis, a copy of the request and information available to the Secretary concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary shall make the request and accompanying information available by electronic means, including on the official public internet site of the Department of Health and Human Services.

“(D) International agreements—This paragraph shall be applied in a manner consistent with United States obligations under international agreements.

“(E) Management and oversight—The Secretary may retain up to 0.25 percent of the funds appropriated for this subsection for management and oversight of the requirements of this paragraph.

“(F) Effective date—This paragraph does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of enactment of this paragraph.

“(5) Energy efficiency

“(A) In general—As a condition on receipt of a grant under this subsection for a project, a grant recipient shall ensure that the project increases—

“(i) energy efficiency;

“(ii) energy resilience; or

“(iii) the use of renewable energy.

“(B) Application—Subparagraph (A) shall be waived in any case or category of cases in which the Secretary finds that applying subparagraph (A)—

“(i) would be inconsistent with the public interest; or

“(ii) will increase the cost of the overall project by more than 25 percent.

“(D) Management and oversight—The Secretary may retain up to 0.25 percent of the funds appropriated for this subsection for management and oversight of the requirements of this paragraph.

“(E) Effective date—This paragraph does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of enactment of this paragraph.

“(6) Authorization of appropriations—To carry out this subsection, there is authorized to be appropriated $2,000,000,000 for each of fiscal years 2021 through 2025.”

(b)

Technical update— Section 1610(b) of the Public Health Service Act (42 U.S.C. 300r(b)) is amended by striking paragraph (3).

Sec. 34102 Community Health Center Capital Project Funding

Section 10503 of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–2) is amended by striking subsection (c) and inserting the following:

“(c) Capital projects

“(1) In general—There is authorized to be appropriated to the CHC Fund to be transferred to the Secretary of Health and Human Services for capital projects of the community health center program under section 330 of the Public Health Service Act, $10,000,000,000 for the period of fiscal years 2021 through 2025.

“(2) Energy efficiency

“(A) In general—As a condition on receipt of a grant for a capital project pursuant to paragraph (1), a grant recipient shall ensure that the capital project increases—

“(i) energy efficiency;

“(ii) energy resilience; or

“(iii) the use of renewable energy.

“(B) Application—Subparagraph (A) shall be waived in any case or category of cases in which the Secretary finds that applying subparagraph (A)—

“(i) would be inconsistent with the public interest; or

“(ii) will increase the cost of the overall project by more than 25 percent.

“(C) Waiver—If the Secretary receives a request for a waiver under this subsection, the Secretary shall make available to the public, on an informal basis, a copy of the request and information available to the Secretary concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary shall make the request and accompanying information available by electronic means, including on the official public internet site of the Department of Health and Human Services.

“(D) Management and oversight—The Secretary may retain up to 0.25 percent of the funds appropriated for this subsection for management and oversight of the requirements of this paragraph.

“(E) Effective date—This paragraph does not apply with respect to a capital project if a State agency approves the engineering plans and specifications for the capital project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of enactment of this paragraph.

“(3) Applicability of Davis-Bacon Act

“(A) In general—The Secretary shall require that each entity applying for a grant for any capital project pursuant to paragraph (1), funded in whole or in part with funds made available under this subsection, shall include in such application written assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alternation or repair, as part of such project, shall be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to (and referred to in this section) as the “Davis-Bacon Act”).

“(B) Authority to enforce—With respect to the labor standards specified in the Davis-Bacon Act, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. App.) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).”

Sec. 34103 Pilot program to improve laboratory infrastructure

(a)

In general— The Secretary of Health and Human Services shall award grants to States and political subdivisions of States to support the improvement, renovation, or modernization of infrastructure at clinical laboratories (as defined in section 353 of the Public Health Service Act (42 U.S.C. 263a)) that will help to improve SARS–CoV–2 and COVID–19 testing and response activities, including the expansion and enhancement of testing capacity and the reduction of wait times for results at such laboratories.

(b)

Energy efficiency—

(1)

In general— As a condition on receipt of a grant under this section for a project, a grant recipient shall ensure that the project increases—

(A)

energy efficiency;

(B)

energy resilience; or

(C)

the use of renewable energy.

(2)

Application— Paragraph (1) shall be waived in any case or category of cases in which the Secretary finds that applying paragraph (1)—

(A)

would be inconsistent with the public interest; or

(B)

will increase the cost of the overall project by more than 25 percent.

(3)

Waiver— If the Secretary receives a request for a waiver under this subsection, the Secretary shall make available to the public, on an informal basis, a copy of the request and information available to the Secretary concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary shall make the request and accompanying information available by electronic means, including on the official public internet site of the Department of Health and Human Services.

(4)

Management and oversight— The Secretary may retain up to 0.25 percent of the funds appropriated for this section for management and oversight of the requirements of this subsection.

(5)

Effective date— This subsection does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of enactment of this subsection.

(c)

Applicability of Davis-Bacon Act—

(1)

In general— The Secretary shall require that each State or political subdivision of a State applying for a grant, with respect to a project for the improvement, renovation, or modernization of infrastructure at clinical laboratories under this section, funded in whole or in part with funds made available under this section, shall include in such application written assurance that all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alternation, or repair, as part of such project, shall be paid wages at rates not less than those prevailing on similar work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of part A of subtitle II of title 40, United States Code (commonly referred to (and referred to in this section) as the “Davis-Bacon Act”).

(2)

Authority to enforce— With respect to the labor standards specified in the Davis-Bacon Act, the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 Fed. Reg. 3176; 5 U.S.C. App.) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c).

(d)

Authorization of appropriations— To carry out this section, there is authorized to be appropriated $4,500,000,000 for the period of fiscal years 2021 through 2025.

Sec. 34104 21st century Indian health program hospitals and outpatient health care facilities

The Indian Health Care Improvement Act is amended by inserting after section 301 of such Act (25 U.S.C. 1631) the following:

“301A. Additional funding for planning, design, construction, modernization, and renovation of hospitals and outpatient health care facilities

“(a) Additional funding—For the purpose described in subsection (b), in addition to any other funds available for such purpose, there is authorized to be appropriated $5,000,000,000 for the period of fiscal years 2021 through 2025.

“(b) Purpose—The purpose described in this subsection is the planning, design, construction, modernization, and renovation of hospitals and outpatient health care facilities that are funded, in whole or part, by the Service through, or provided for in, a contract or compact with the Service under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), including to address COVID–19 and other subsequent public health crises.

“(c) Tribal consultation—The Secretary shall engage in consultation with Indian Tribes and Tribal organizations to receive guidance and recommendations from Tribal officials before initiating any construction projects under this section on federally-operated facilities of the Service.

“(d) Energy efficiency

“(1) In general—As a condition on receipt of funding under this section for a project, the recipient of such funding shall ensure that the project increases—

“(A) energy efficiency;

“(B) energy resilience; or

“(C) the use of renewable energy.

“(2) Application—Paragraph (1) shall be waived in any case or category of cases in which the Secretary finds that applying paragraph (1)—

“(A) would be inconsistent with the public interest; or

“(B) will increase the cost of the overall project by more than 25 percent.

“(3) Waiver—If the Secretary receives a request for a waiver under this subsection, the Secretary shall make available to the public, on an informal basis, a copy of the request and information available to the Secretary concerning the request. The Secretary shall make the request and accompanying information available by electronic means, including on the official public internet site of the Department of Health and Human Services.

“(4) Management and oversight—The Secretary may retain up to 0.25 percent of the funds appropriated for this section for management and oversight of the requirements of this subsection.

“(5) Effective date—This subsection does not apply with respect to a project if a State agency approves the engineering plans and specifications for the project, in that agency’s capacity to approve such plans and specifications prior to a project requesting bids, prior to the date of enactment of this subsection.”

Sec. 34105 Pilot program to improve community-based care infrastructure

(a)

In general— The Secretary of Health and Human Services may award grants to qualified teaching health centers (as defined in section 340H of the Public Health Service Act (42 U.S.C. 256h)) and behavioral health care centers (as defined by the Secretary, to include both substance abuse and mental health care facilities) to support the improvement, renovation, or modernization of infrastructure at such centers, including to address COVID–19 and other subsequent public health crises.

(b)

Energy efficiency—

(1)

In general— As a condition on receipt of a grant under this section for a project, a grant recipient shall ensure that the project increases—

(A)

energy efficiency;

(B)

energy resilience; or

(C)

the use of renewable energy.

(2)

Application— Paragraph (1) shall be waived in any case or category of cases in which the Secretary finds that applying paragraph (1)—

(A)

would be inconsistent with the public interest; or

(B)

will increase the cost of the overall project by more than 25 percent.

(3)

(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)

(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)

(d)

Authorization of appropriations— To carry out this section, there is authorized to be appropriated $500,000,000, to remain available until expended.

Sec. 34106 Access road for Desert Sage Youth Wellness Center

(a)

Acquisition of Land—

(1)

Authorization— The Secretary of Health and Human Services, acting through the Director of the Indian Health Service, is authorized to acquire, from willing sellers, the land in Hemet, California, upon which is located a dirt road known as “Best Road”, beginning at the driveway of the Desert Sage Youth Wellness Center at Faure Road and extending to the junction of Best Road and Sage Road.

(2)

Compensation— The Secretary shall pay fair market value for the land authorized to be acquired under paragraph (1). Fair market value shall be determined—

(A)

using Uniform Appraisal Standards for Federal Land Acquisitions; and

(B)

by an appraiser acceptable to the Secretary and the owners of the land to be acquired.

(3)

Additional rights— In addition to the land referred to in paragraph (1), the Secretary is authorized to acquire, from willing sellers, land or interests in land as reasonably necessary to construct and maintain the road as required by subsection (b).

(b)

Construction and maintenance of road—

(1)

Construction— After the Secretary acquires the land pursuant to subsection (a), the Secretary shall construct on that land a paved road that is generally located over Best Road to facilitate access to the Desert Sage Youth Wellness Center in Hemet, California.

(2)

Maintenance— The Secretary—

(A)

shall maintain and manage the road constructed pursuant to paragraph (1); or

(B)

enter into an agreement with Riverside County, California, to own, maintain and manage the road constructed pursuant to paragraph (1).

Lineage

Jul 20, 2020viewing Received in Senate Received See what changed
Jul 1, 2020 Engrossed in House See what changed
Jun 11, 2020 Reported in House Mr. DeFazio (for himself, Ms. Norton, and Mr. Lipinski) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure See what changed
Jun 11, 2020 Introduced in House Mr. DeFazio (for himself, Ms. Norton, and Mr. Lipinski) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure