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Division H — Additional Programs

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

H Additional Programs

I Additional Programs

40001. National scenic byways program

There are authorized to be appropriated out of the general fund of the Treasury, for the national scenic byways program under section 162 of title 23, United States Code—
(1)
$55,000,000 for fiscal year 2021;
(2)
$60,000,000 for fiscal year 2022;
(3)
$65,000,000 for fiscal year 2023;
(4)
$70,000,000 for fiscal year 2024; and
(5)
$75,000,000 for fiscal year 2025.

40002. Authorization of appropriations for Department of Veterans Affairs

(a)
In general— There is authorized to be appropriated for the Department of Veterans Affairs $3,396,000,000 to carry out subsection (b). Amounts appropriated pursuant to this section shall remain available for obligation or expenditure without fiscal year limitation.
(b)
Use of amounts— The amount authorized to be appropriated under subsection (a) shall be used by the Secretary of Veterans Affairs as follows:
(1)
$750,000,000 for minor construction.
(2)
$750,000,000 for non-recurring maintenance.
(3)
$1,350,000,000 for major construction projects that are partially funded for fiscal year 2021.
(4)
$546,000,000 for grants under subchapter III of chapter 81 of title 38, United States Code.
(c)
Contracting goals— The contracting goals under section 15(g)(1) and (2) of the Small Business Act (15 U.S.C. 644) shall apply to a contract entered into using amounts authorized to be appropriated under this section and used pursuant to subsection (b)(1) and (2).

40003. Requirements for owners and operators of equipment or facilities used by passenger or freight transportation employers

(a)
Definitions— In this section:
(1)
At-risk employee— The term at-risk employee means an employee (including a Federal employee) or contractor of a passenger or freight transportation employer—
(A)
whose job responsibilities involve interaction with—
(i)
passengers;
(ii)
the public; or
(iii)
coworkers who interact with the public;
(B)
who handles items which are handled or will be handled by the public; or
(C)
who works in locations where social distancing and other preventative measures with respect to the Coronavirus Disease 2019 (COVID–19) are not possible.
(2)
Passenger or freight transportation employer— The term passenger or freight transportation employer includes—
(A)
the owner, charterer, managing operator, master, or other individual in charge of a passenger vessel (as defined in section 2101 of title 46, United States Code);
(B)
an air carrier (as defined in section 40102 of title 49, United States Code);
(C)
a commuter authority (as defined in section 24102 of title 49, United State Code);
(D)
an entity that provides intercity rail passenger transportation (as defined in section 24102 of title 49, United States Code);
(E)
a rail carrier (as defined in section 10102 of title 49, United States Code);
(F)
a regional transportation authority (as defined in section 24102 of title 49, United States Code);
(G)
a provider of public transportation (as defined in section 5302 of title 49, United States Code);
(H)
a provider of motorcoach services (as defined in section 32702 of the Motorcoach Enhanced Safety Act of 2012 (49 U.S.C. 31136 note; Public Law 112–141));
(I)
a motor carrier that owns or operates more than 100 motor vehicles (as those terms are defined in section 390.5 of title 49, Code of Federal Regulations (or successor regulations));
(J)
a sponsor, owner, or operator of a public-use airport (as defined in section 47102 of title 49, United States Code);
(K)
a marine terminal operator (as defined in section 40102 of title 46, United States Code) and the relevant authority or operator of a port or harbor;
(L)
the Transportation Security Administration, exclusively with respect to Transportation Security Officers; and
(M)
a marine terminal operator (as defined in section 40102 of title 46, United States Code) and the relevant authority or operator of a port or harbor, or any other employer of individuals covered under section 2(3) of the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. 902(3)).
(b)
Requirements— For the purposes of responding to, or for purposes relating to operations during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) related to the pandemic of SARS–4CoV–2 or coronavirus disease 2019 (COVID–19), the Secretary shall require—
(1)
the owners or operators of equipment, stations, or facilities used by passenger or freight transportation employers, as applicable—
(A)
to clean, disinfect, and sanitize, in accordance with guidance issued by the Centers for Disease Control and Prevention, the equipment and facilities, including, as applicable—
(i)
buses;
(ii)
commercial motor vehicles;
(iii)
freight and passenger rail locomotives;
(iv)
freight and passenger rail cars;
(v)
vessels;
(vi)
airports;
(vii)
fleet vehicles used for the transportation of workers to job sites;
(viii)
aircraft, including the cockpit and the cabin; and
(ix)
other equipment and facilities;
(B)
to ensure that stations and facilities, including enclosed facilities, owned, operated, and used by passenger or freight transportation employers, including facilities used for employee training or the performance of indoor or outdoor maintenance, repair, or overhaul work, are disinfected and sanitized frequently in accordance with guidance issued by the Centers for Disease Control and Prevention;
(C)
to provide to at-risk employees—
(i)
masks or protective face coverings;
(ii)
gloves;
(iii)
hand sanitizer;
(iv)
sanitizing wipes with sufficient alcohol content; and
(v)
training on the proper use of personal protective equipment and sanitizing equipment;
(D)
to ensure that employees whose job responsibilities include the cleaning, disinfecting, or sanitizing described in subparagraph (A) or (B) are provided—
(i)
masks or protective face coverings;
(ii)
gloves;
(iii)
hand sanitizer; and
(iv)
sanitizing wipes with sufficient alcohol content;
(E)
to establish guidelines, or adhere to any existing applicable guidelines, for notifying an employee of the owner or operator of a confirmed diagnosis of the Coronavirus Disease 2019 (COVID–19) with respect to any other employee of the owner or operator with whom the notified employee had physical contact or a physical interaction during the 48-hour period preceding the time at which the diagnosed employee developed symptoms;
(F)
to require that passengers and cabin crew members wear masks or protective face coverings while in or using a passenger aircraft of an air carrier;
(G)
to require each flight crew member to wear a mask or protective face covering while on board an aircraft and outside the flight deck; and
(H)
ensure that each contractor of an owner or operator identified under this paragraph provides masks or protective face coverings, gloves, hand sanitizer, and sanitizing wipes with sufficient alcohol content, to employees of such contractor whose job responsibilities include the cleaning, disinfecting, or sanitizing described in subparagraph (A) or (B).
(2)
an air carrier to submit to the Administrator of the Federal Aviation Administration a proposal to permit flight crew members to wear masks or protective face coverings in the flight deck, including a safety risk assessment with respect to that proposal.
(c)
Market unavailability of necessary items—
(1)
Notice of market unavailability—
(A)
In general— If an owner or operator described in paragraph (1) of subsection (b) is unable to acquire 1 or more items necessary to comply with the requirements prescribed under that paragraph due to market unavailability of the items, the owner or operator shall—
(i)
not later than 7 days after the date on which the owner or operator is unable to acquire each applicable item, submit to the Secretary a written notice explaining the efforts made and obstacles faced by the owner or operator to acquire that item; and
(ii)
continue making efforts to acquire that item until the item is acquired.
(B)
Updated notice with respect to the same item— If an owner or operator is unable to acquire an item described in a notice submitted under subparagraph (A) by the date described in paragraph (4)(B)(ii) with respect to the notice, the owner or operator may submit an updated notice with respect to that item.
(2)
Reasonable effort determination— With respect to each notice submitted under paragraph (1), the Secretary shall determine whether the owner or operator submitting the notice has made reasonable efforts to acquire the item described in the notice.
(3)
Notice of compliance— Not later than 7 days after the date on which an owner or operator acquires an item described in a notice submitted by that owner or operator under paragraph (1) in a quantity sufficient to comply with the requirements prescribed under subsection (b)(1), the owner or operator shall submit to the Secretary a written notice of compliance with those requirements.
(4)
List of owners and operators making reasonable efforts to acquire unavailable items—
(A)
In general— The Secretary shall publish on a public website of the Department of Transportation a list that, with respect to each notice submitted to the Secretary under paragraph (1) for which the Secretary has made a positive determination under paragraph (2)—
(i)
identifies the owner or operator that submitted the notice;
(ii)
identifies the item that the owner or operator was unable to acquire; and
(iii)
describes the reasonable efforts made by the owner or operator to acquire that item.
(B)
Removal from list— The Secretary shall remove each entry on the list described in subparagraph (A) on the earlier of—
(i)
the date on which the applicable owner or operator submits to the Secretary a notice of compliance under paragraph (3) with respect to the item that is the subject of the entry; and
(ii)
the date that is 90 days after the date on which the entry was added to the list.
(d)
Protection of certain Federal Aviation Administration employees—
(1)
In general— For the purposes of responding to, or for purposes relating to operations during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) related to the pandemic of SARS–4CoV–2 or coronavirus disease 2019 (COVID–19), in order to maintain the safe and efficient operation of the air traffic control system, the Administrator of the Federal Aviation Administration shall—
(A)
provide any air traffic controller and airway transportation systems specialist of the Federal Aviation Administration with masks or protective face coverings, gloves, and hand sanitizer and wipes of sufficient alcohol content, and provide training on the proper use of personal protective equipment and sanitizing equipment;
(B)
ensure that each air traffic control facility is cleaned, disinfected, and sanitized frequently in accordance with Centers for Disease Control and Prevention guidance; and
(C)
provide any employee of the Federal Aviation Administration whose job responsibilities involve cleaning, disinfecting, and sanitizing a facility described in subparagraph (B) with masks or protective face coverings and gloves, and ensure that each contractor of the Federal Aviation Administration provides any employee of the contractor with those materials.
(2)
Source of equipment— The items described in paragraph (1)(A) may be procured or provided under that paragraph through any source available to the Administrator of the Federal Aviation Administration.

40004. Revolving loan fund flexibility

Section 209(d) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3149(d)) is amended—
(1)
by redesignating paragraphs (3) and (4) as paragraphs (4) and (5); and
(2)
by inserting after paragraph (2) the following:

“(3) Revolving loan fund repurposing

“(A) In general—A grantee of revolving loan funds may, upon request, transfer any funds that have been repaid to a revolving loan fund under this section to any other project eligible to receive funding under this section.

“(B) Eligibility—To be eligible to transfer revolving loan funds under this paragraph, a grantee shall have more cash available for lending than the average cash available for lending in the EDA region in which such grantee is located.

“(C) Discretion—The Secretary shall retain the discretion to approve or deny a transfer request under this paragraph.

“(D) Cash available for lending defined—In this paragraph, the term “cash available for lending” means the revolving loan fund cash available for lending net of the committed revolving loan fund cash.”

40005. Authorization for science center construction

(a)
Authorization of appropriations— There are authorized to be appropriated to the Director of the United States Geological Survey $166,800,000 to fund, through a cooperative agreement with an academic partner, the design, construction, and tenant build-out of a facility to support energy and minerals research and appurtenant associated structures.
(b)
Agreements— The United States Geological Survey will retain ownership of the facility and associated structures once constructed and is authorized to enter into agreements with, and to collect and spend funds or in-kind contributions from, academic, Federal, State, or other facility tenants on facility planning, design, maintenance, operation, or facility improvement costs during the life of the facility.
(c)
Lease— The Director of the United States Geological Survey is authorized to enter into a lease or other agreement with the academic partner, at no cost to the United States, for that partner to provide land on which to construct the facility for a minimum term of not less than 99 years.
(d)
Reports— The Director of the United States Geological Survey shall submit annual reports on the science center constructed and the authorities utilized under this section to the appropriate congressional committees.

40006. GAO study on the impact of transportation policies on marginalized communities

(a)
Study— The Comptroller General of the United States shall conduct a study to identify the impact of certain transportation policies on people based on their race, ethnicity, nationality, age, disability status, and gender identity, including—
(1)
data on fare evasion policies, including—
(A)
the number of people stopped for suspected fare evasion by transit law enforcement officers or transit agency personnel, aggregated by tract, as designated by the Bureau of the Census;
(B)
the race, ethnicity, nationality, age, disability status, and gender identity of people stopped by law enforcement officers or transit agency personnel and provided a citation or summons for suspected fare evasion;
(C)
an analysis on the dollar amount, organized by transit station, of—
(i)
fines issued as penalty for fare evasion citations to individuals by race, ethnicity, nationality, age, disability status, and gender identity;
(ii)
fare revenue lost due to fare evasion; and
(iii)
fare evasion fines collected by transit agency, law enforcement, or other entity; and
(D)
the number of complaints filed against law enforcement officers or transit agency personnel while enforcing fare evasion policies;
(2)
data on speed enforcement cameras, including—
(A)
the location of speed enforcement cameras and the demographics of the location of such region by tract, as designated by the Bureau of the Census, including race, ethnicity, nationality, and median income;
(B)
the original intent for placement of the speed enforcement camera, whether to address a specific safety concern or otherwise;
(C)
the affiliated policy for enforcement, whether automated enforcement, in-person ticketing, or otherwise; and
(D)
the dollar amount of fines to drivers by speed enforcement camera location; and
(3)
any other transportation policy that may have a disproportionate impact on low-income communities and communities of color.
(b)
Report— Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit the Committee on Transportation and Infrastructure and the Committee on the Judiciary of the House of Representatives a report on the results of the study conducted under subsection (a), including—
(1)
any disproportionate impacts of transportation policies on marginalized communities; and
(2)
recommendations on ways to reduce such disproportionate impacts.

40007. Use of bird-safe features, practices, and strategies in public buildings

(a)
In general— Chapter 33 of title 40, United States Code, is amended by adding at the end the following:

“3319. Use of bird-safe features, practices, and strategies in public buildings

“(a) Construction, alteration, and acquisition of public buildings—The Administrator of General Services shall incorporate, to the extent practicable, features, practices, and strategies to reduce bird fatality resulting from collisions with public buildings for each public building—

“(1) constructed;

“(2) acquired; or

“(3) of which more than 50 percent of the facade is substantially altered (in the opinion of the Commissioner of Public Buildings).

“(b) Design guide—The Administrator shall develop a design guide to carry out subsection (a) that includes the following:

“(1) Features for reducing bird fatality resulting from collisions with public buildings throughout all construction phases, taking into account the number of each such bird fatality that occurs at different types of public buildings.

“(2) Methods and strategies for reducing bird fatality resulting from collisions with public buildings during the operation and maintenance of such buildings, including installing interior, exterior, and site lighting.

“(3) Best practices for reducing bird fatality resulting from collisions with public buildings, including—

“(A) a description of the reasons for adopting such practices; and

“(B) an explanation for the omission of a best practice identified pursuant to subsection (c).

“(c) Identifying best practices—To carry out subsection (b)(3), the Administrator may identify best practices for reducing bird fatality resulting from collisions with public buildings, including best practices recommended by—

“(1) Federal agencies with expertise in bird conservation;

“(2) nongovernmental organizations with expertise in bird conservation; and

“(3) representatives of green building certification systems.

“(d) Dissemination of design guide—The Administrator shall disseminate the design guide developed pursuant to subsection (b) to all Federal agencies, subagencies, and departments with independent leasing authority from the Administrator.

“(e) Update to design guide—The Administrator shall, on a regular basis, update the design guide developed pursuant to subsection (b) with respect to the priorities of the Administrator for reducing bird fatality resulting from collisions with public buildings.

“(f) Exempt buildings—This section shall not apply to—

“(1) any building or site listed, or eligible for listing, on the National Register of Historic Places;

“(2) the White House and the grounds of the White House;

“(3) the Supreme Court building and the grounds of the Supreme Court; or

“(4) the United States Capitol and any building on the grounds of the Capitol.

“(g) Certification—Not later than October 1 of each fiscal year, the Administrator, acting through the Commissioner, shall certify to Congress that the Administrator uses the design guide developed pursuant to subsection (b) for each public building described in subsection (a).

“(h) Report—Not later than October 1 of each fiscal year, the Administrator shall submit to Congress a report that includes—

“(1) the certification under subsection (g); and

“(2) to the extent practicable, the number of each such bird fatality that occurred as a result of a collision with the public buildings occupied by the respective head of each Federal agency.”

(b)
Clerical amendment— The table of sections at the beginning of chapter 33 of title 40, United States Code, is amended by adding at the end the following new item:

40008. GAO Study

(a)
Sense of Congress— It is the sense of Congress that—
(1)
mass transit and civilian airlines have an essential role in keeping the United States moving;
(2)
while the COVID–19 pandemic has devastated the industry, transit agencies and companies are leading the way in implementing safety measures and exploring new technologies to protect essential workers who continue to rely on our bus and rail systems;
(3)
Congress can support the transportation sector by authorizing a GAO study that would recommend specific safety measures to reduce exposure to the SARS–CoV–2 virus on mass transportation systems, as well as technologies that can assist with the implementation of such safety measures, including technologies that facilitate large-scale sanitation and decontamination and encourage social distancing; and
(4)
implementation of such safety measures and technologies will help the transportation sector be more resilient in the face of future pandemics.
(b)
Study— The Comptroller General of the United States shall carry out a study to—
(1)
research and recommend specific measures that civilian transit companies and agencies (including rail, airlines, and buses) should implement to improve the safety of passengers and crew;
(2)
research and recommend technologies being developed within and outside the United States Government, including the Department of Defense and National Aeronautics and Space Administration, that can be transitioned to the civilian transportation sector; and
(3)
study technologies that—
(A)
provide an alternative to decontamination with chemical solutions which is labor intensive, and has material compatibility and corrosion concerns;
(B)
decontaminate crevices and hard to reach areas that can be missed with other technologies;
(C)
minimize personnel exposure to the contaminated aircraft to personnel required for set-up; and
(D)
allow timely decontamination (under 3 hours) to return the bus, train, or aircraft to operational status.
(c)
Report— Not later than 3 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report containing the results of the study required under subsection (b).

40009. Land port of entry infrastructure modernization

There is authorized to be appropriated from the general fund of the Treasury for fiscal year 2021 $100,000,000 to the Administrator of General Services for the necessary expenses for the construction, repair, upgrades, and maintenance necessary to fulfill the backlog of port infrastructure improvement projects at land ports of entry that experienced no less than 5 percent growth in total trade in the year of 2019, according to data produced by the Bureau of the Census.

40010. Colonias state of good repair grant program

(a)
In general— The Secretary of Transportation shall establish a state of good repair surface transportation grant program to provide grants that increase the state of good repair for surface infrastructure in and around colonias.
(b)
Eligible entities— The following entities are eligible to receive a grant under this section:
(1)
States.
(2)
Metropolitan planning organizations.
(3)
Units of local government.
(4)
Federal land management agencies.
(5)
Tribal governments.
(c)
Colonia defined— In this section, the term “colonia” means any identifiable community that—
(1)
is in the State of Arizona, California, New Mexico, or Texas;
(2)
is in the area of the United States within 150 miles of the border between the United States and Mexico, except that the term does not include any standard metropolitan statistical area that has a population exceeding 1,000,000;
(3)
is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and
(4)
was in existence as a colonia before November 28, 1990.
(d)
Authorization of appropriations— There are authorized to be appropriated $10,000,000 for each of fiscal years 2022 through 2025 to carry out this section.

40011. Accessibility of public transportation for pregnant women

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

40012. National Labs restoration and modernization

(a)
In general— The Secretary of Energy shall fund projects described in subsection (b) as needed to address deferred maintenance, critical infrastructure needs, and modernization of National Laboratories.
(b)
Use of funds— The projects described in this subsection are the following:
(1)
Priority deferred maintenance projects, including facilities maintenance and refurbishment of research laboratories, administrative and support buildings, utilities, roads, power plants and any other critical infrastructure, as determined by the Secretary of Energy.
(2)
Lab modernization projects, including core infrastructure needed to support emerging science missions with new and specialized requirements and to maintain safe, efficient, reliable, and environmentally responsible operations, as determined by the Secretary of Energy.
(c)
Authorization of appropriations— There are authorized to be appropriated for each of the fiscal years 2021 to 2025 $1,200,000,000; whereas not less than one sixth of what is appropriated must be stewarded by the Department of Energy Office of Science.
(d)
Submission to Congress— The Secretary of the Energy shall submit to the Committee on Appropriations and the Committee on Science, Space and Technology of the House of Representatives and to the Committee on Appropriations and the Committee on Energy and Natural Resources of the Senate, with the annual budget submission of the President for each year through fiscal year 2025, a list of projects for which the Secretary will provide funding under this section, including a description of each such project.
(e)
National Laboratory— In this section, the term “National Laboratory” has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).

40013. Definitions

In this division:
(1)
Chesapeake Bay agreements— The term Chesapeake Bay agreements means the formal, voluntary agreements—
(A)
executed to achieve the goal of restoring and protecting the Chesapeake Bay watershed ecosystem and the living resources of the Chesapeake Bay watershed ecosystem; and
(B)
signed by the Chesapeake Executive Council.
(2)
Chesapeake Bay program— The term Chesapeake Bay program means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay agreements.
(3)
Chesapeake Bay watershed— The term Chesapeake Bay watershed means the region that covers—
(A)
the Chesapeake Bay;
(B)
the portions of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia that drain into the Chesapeake Bay; and
(C)
the District of Columbia.
(4)
Chesapeake Executive Council— The term Chesapeake Executive Council means the council comprised of—
(A)
the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia;
(B)
the Mayor of the District of Columbia;
(C)
the Chair of the Chesapeake Bay Commission; and
(D)
the Administrator of the Environmental Protection Agency.
(5)
Chesapeake WILD program— The term Chesapeake WILD program means the nonregulatory program established by the Secretary under section 40014(a).
(6)
Grant program— The term grant program means the Chesapeake Watershed Investments for Landscape Defense grant program established by the Secretary under section 40015(a).
(7)
Restoration and protection activity— The term restoration and protection activity means an activity carried out for the conservation, stewardship, and enhancement of habitat for fish and wildlife—
(A)
to preserve and improve ecosystems and ecological processes on which the fish and wildlife depend; and
(B)
for use and enjoyment by the public.
(8)
Secretary— The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.

40014. Program establishment

(a)
Establishment— Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a nonregulatory program, to be known as the “Chesapeake Watershed Investments for Landscape Defense program”.
(b)
Purposes— The purposes of the Chesapeake WILD program include—
(1)
coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Chesapeake Bay watershed;
(2)
engaging other agencies and organizations to build a broader range of partner support, capacity, and potential funding for projects in the Chesapeake Bay watershed;
(3)
carrying out coordinated restoration and protection activities, and providing for technical assistance, throughout the Chesapeake Bay watershed—
(A)
to sustain and enhance restoration and protection activities;
(B)
to improve and maintain water quality to support fish and wildlife, habitats of fish and wildlife, and drinking water for people;
(C)
to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat;
(D)
to improve opportunities for public access and recreation in the Chesapeake Bay watershed consistent with the ecological needs of fish and wildlife habitat;
(E)
to facilitate strategic planning to maximize the resilience of natural ecosystems and habitats under changing watershed conditions;
(F)
to utilize green infrastructure or natural infrastructure best management practices to enhance fish and wildlife habitat;
(G)
to engage the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and protection activities in the Chesapeake Bay watershed;
(H)
to sustain and enhance vulnerable communities and fish and wildlife habitat;
(I)
to conserve and restore fish, wildlife, and plant corridors; and
(J)
to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities.
(c)
Duties— In carrying out the Chesapeake WILD program, the Secretary shall—
(1)
draw on existing plans for the Chesapeake Bay watershed, or portions of the Chesapeake Bay watershed, including the Chesapeake Bay agreements, and work in consultation with applicable management entities, including Chesapeake Bay program partners, such as the Federal Government, State and local governments, the Chesapeake Bay Commission, and other regional organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Chesapeake Bay watershed;
(2)
adopt a Chesapeake Bay watershed-wide strategy that—
(A)
supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1); and
(B)
targets cost-effective projects with measurable results; and
(3)
establish the grant program in accordance with section 40015.
(d)
Coordination— In establishing the Chesapeake WILD program, the Secretary shall consult, as appropriate, with—
(1)
the heads of Federal agencies, including—
(A)
the Administrator of the Environmental Protection Agency;
(B)
the Administrator of the National Oceanic and Atmospheric Administration;
(C)
the Chief of the Natural Resources Conservation Service;
(D)
the Chief of Engineers;
(E)
the Director of the United States Geological Survey;
(F)
the Secretary of Transportation;
(G)
the Chief of the Forest Service; and
(H)
the head of any other applicable agency;
(2)
the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the Mayor of the District of Columbia;
(3)
fish and wildlife joint venture partnerships; and
(4)
other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Chesapeake Bay watershed.

40015. Grants and technical assistance

(a)
Chesapeake Wild grant program— To the extent that funds are made available to carry out this section, the Secretary shall establish and carry out, as part of the Chesapeake WILD program, a voluntary grant and technical assistance program, to be known as the “Chesapeake Watershed Investments for Landscape Defense grant program”, to provide competitive matching grants of varying amounts and technical assistance to eligible entities described in subsection (b) to carry out activities described in section 40014(b).
(b)
Eligible entities— The following entities are eligible to receive a grant and technical assistance under the grant program:
(1)
A State.
(2)
The District of Columbia.
(3)
A unit of local government.
(4)
A nonprofit organization.
(5)
An institution of higher education.
(6)
Any other entity that the Secretary determines to be appropriate in accordance with the criteria established under subsection (c).
(c)
Criteria— The Secretary, in consultation with officials and entities described in section 40014(d), shall establish criteria for the grant program to help ensure that activities funded under this section—
(1)
accomplish one or more of the purposes described in section 40014(b); and
(2)
advance the implementation of priority actions or needs identified in the Chesapeake Bay watershed-wide strategy adopted under section 40014(c)(2).
(d)
Cost sharing—
(1)
Department of the Interior share— The Department of the Interior share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the project, as determined by the Secretary.
(2)
Non-Department of the Interior share—
(A)
In general— The non-Department of the Interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials.
(B)
Other Federal funding— Non-Department of the Interior Federal funds may be used for not more than 25 percent of the total cost of a project funded under the grant program.
(e)
Administration— The Secretary may enter into an agreement to manage the grant program with an organization that offers grant management services.

40016. Reporting

Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report describing the implementation of sections 40014 through 40017 of this Act, including a description of each project that has received funding under this Act.

40017. Authorization of appropriations

(a)
In general— There are authorized to be appropriated such sums as are necessary to carry out sections 40014 through 40017 of this Act.
(b)
Supplement, not supplant— Funds made available under subsection (a) shall supplement, and not supplant, funding for other activities conducted by the Secretary in the Chesapeake Bay watershed.

40018. Reporting Requirements Relating to Federal Research Infrastructure

(a)
In General— Section 1007(c)(1) of the America COMPETES Act (42 U.S.C. 6619(c)(1)) is amended by inserting “and funding for research infrastructure” after “research infrastructure”.
(b)
GAO Report— Not later than 1 year after the date of enactment of this Act and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report that includes—
(1)
an assessment of the current state of Federal science facilities and related infrastructure, including with respect to climate control systems, the functionality of equipment and the usage of such equipment, the quality of buildings in which such facilities are housed (including the resiliency of such buildings to changes in climate, weather, and natural surroundings), and the safety of the materials used in construction of facilities;
(2)
an identification of the facilities in most critical need of repair or renovation;
(3)
the estimated costs of completing such repairs or renovations; and
(4)
an evaluation of whether facility occupancy is sufficient to meet agency demands.

40019. American Infrastructure Opportunity Bonds

Chapter 31 of title 31, United States Code, is amended—
(1)
by adding at the end the following new subchapter:

“III American Infrastructure Opportunity Bonds

“3131. Issuance of American Infrastructure Opportunity Bonds and use of proceeds

“(a) Issuance of bonds—If the Secretary of the Treasury determines that the real rate is equal to zero percent or less, the Secretary shall—

“(1) issue Government bonds with a face value of $20,000,000,000; and

“(2) deposit amounts equivalent to the proceeds from such issuance into the Highway Trust Fund, of which 20 percent shall be deposited into the Mass Transit Account established under section 9503(e) of the Internal Revenue Code of 1986.

“(b) Definitions—For purposes of this section:

“(1) Federal interest rate—The term Federal interest rate means the current market yields on outstanding marketable obligations of the United States with remaining periods to maturity of approximately 1 year, as determined by the Secretary of the Treasury.

“(2) Inflation rate—The term inflation rate means the change in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor with respect to the previous calendar month.

“(3) Real rate—The term real rate means—

“(A) the Federal interest rate, minus

“(B) the inflation rate.”

(2)
in the analysis for such chapter, by adding at the end the following:

II Building U.S. Infrastructure by Leveraging Demands for Skills (BUILDS)

40101. Definitions

(a)
In general— In this title, except as otherwise provided in this title, the terms have the meanings given the terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
(b)
Apprenticeship, apprenticeship program— The term apprenticeship or apprenticeship program means an apprenticeship program registered under the Act of August 16, 1937 (commonly known as the “National Apprenticeship Act”; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.), including any requirement, standard, or rule promulgated under such Act, as such requirement, standard, or rule was in effect on December 30, 2019.
(c)
CTE terms— The terms area career and technical education school, articulation agreement, career guidance and academic counseling, credit transfer agreement, early college high school, high school, program of study, Tribal educational agency, and work-based learning have the meanings given the terms in section 3 of the Carl D. Perkins Career and Technical Education Act of 2006 (20 U.S.C. 2302).
(d)
Education and training provider—
(1)
In general— The term education and training provider means an entity listed in subparagraph (B) that provides academic curriculum and instruction related to targeted infrastructure industries.
(2)
Entities— An entity described in this subparagraph is as follows:
(A)
An area career and technical education school, early college high school, or high school providing career and technical education programs of study.
(B)
An Indian Tribe, Tribal organization, or Tribal educational agency.
(C)
A minority-serving institution (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a))).
(D)
A provider of adult education and literacy activities under the Adult Education and Family Literacy Act (29 U.S.C. 3271 et seq.).
(E)
A local agency administering plans under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.), other than section 112 or part C of that title (29 U.S.C. 732 and 741).
(F)
A related instruction provider for an apprenticeship program.
(G)
A public institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(H)
A provider included on the list of eligible providers of training services described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).
(I)
A consortium of entities described in any of subparagraph (A) through (H).
(e)
Eligible entity— The term eligible entity means—
(1)
an industry or sector partnership;
(2)
a State board or State workforce development agency, or a local board or local workforce development agency;
(3)
an eligible institution, or a consortium thereof;
(4)
an Indian Tribe, Tribal organization, or Tribal educational agency;
(5)
a labor organization or joint-labor management organization; or
(6)
a qualified intermediary.
(f)
Nontraditional population— The term nontraditional population means a group of individuals (such as a group of individuals from the same gender or race) the members of which comprise fewer than 25 percent of the individuals employed in a targeted infrastructure industry.
(g)
Qualified intermediary—
(1)
In general— The term qualified intermediary means an entity that demonstrates an expertise—
(A)
in engaging in the partnerships described in paragraph (2); and
(B)
serving participants and employers of programs funded under this title by—
(i)
connecting employers to programs funded under this title;
(ii)
assisting in the design and implementation of such programs, including curriculum development and delivery of instruction;
(iii)
providing professional development activities such as training to mentors;
(iv)
connecting students or workers to programs funded under this title;
(v)
developing and providing personalized support for individuals participating in programs funded under this title, including by partnering with organizations to provide access to or referrals for supportive services and financial advising; or
(vi)
providing services, resources, and supports for development, delivery, expansion, or improvement of programs funded under this title.
(2)
Required partnerships— In carrying out activities under this title, the qualified intermediary shall act in partnerships with—
(A)
industry or sector partnerships, including establishing a new industry or sector partnership or expanding an existing industry or sector partnership;
(B)
partnerships among employers, joint labor-management organizations, labor organizations, community-based organizations, State or local workforce development boards, education and training providers, social service organizations, economic development organizations, Indian Tribes or Tribal organizations, or one-stop operators, or one-stop partners, in the State workforce development system; or
(C)
partnerships among one or more of the entities described in subparagraphs (A) and (B).
(h)
Secretary— The term Secretary means the Secretary of Labor.
(i)
Targeted infrastructure industry— The term targeted infrastructure industry means an industry, including the transportation (including surface, transit, aviation, maritime, or railway transportation), construction, energy (including the deployment of renewable and clean energy, energy efficiency, transmission, and battery storage), information technology, or utilities industry) to be served by a grant, contract, or cooperative agreement under this title.

40102. Grants authorized

(a)
In general— The Secretary, in consultation with the Secretary of Transportation, the Secretary of Energy, the Secretary of Commerce, the Secretary of Education, and the Chief of Engineers and Commanding General of the Army Corps of Engineers, shall award, on a competitive basis, grants, contracts, or cooperative agreements to eligible entities to plan and implement activities to achieve the strategic objectives described in section 40104(b) with respect to a targeted infrastructure industry identified in the application submitted under section 40103 by such eligible entities.
(b)
Types of awards— A grant, contract, or cooperative agreement awarded under this title may be in the form of—
(1)
an implementation grant, contract, or cooperative agreement, for entities seeking an initial grant under this title; or
(2)
a renewal grant, contract, or cooperative agreement for entities that have already received an implementation grant, contract, or cooperative agreement under this title.
(c)
Duration— Each grant awarded under this title shall be for a period not to exceed 3 years.
(d)
Amount— The amount of a grant, contract, or cooperative agreement awarded under this title may not exceed—
(1)
for an implementation grant, contract, or cooperative agreement, $2,500,000; and
(2)
for a renewal grant, contract, or cooperative agreement, $1,500,000.
(e)
Award basis—
(1)
Geographic diversity— The Secretary shall award funds under this title in a manner that ensures geographic diversity (such as urban and rural distribution) in the areas in which activities will be carried out using such funds.
(2)
Priority for awards— In awarding funds under this title, the Secretary shall give priority to eligible entities that—
(A)
in the case of awarding implementation grants, contracts, or cooperative agreements—
(i)
demonstrate long-term sustainability of a program or activity funded under this title;
(ii)
will serve a high number or high percentage of nontraditional populations and individuals with barriers to employment; and
(iii)
will provide a non-Federal share of the cost of the activities; and
(B)
in the case of awarding renewal grants, contracts, or cooperative agreements—
(i)
meet the criteria established in subparagraph (A); and
(ii)
have demonstrated ability to meet the—
(I)
strategic objectives of the implementation grant, contract or cooperative agreement described in section 40103(b)(4); and
(II)
meet or exceed the requirements of the evaluations and progress reports described in section 40104(f).

40103. Application

(a)
In general— An eligible entity desiring a grant. contract, or cooperative agreement under this title shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including the contents described in subsection (b).
(b)
Contents— An application submitted under this title shall contain, at a minimum—
(1)
a description of the entities engaged in activities funded under the grant, including—
(A)
evidence of the eligible entity’s capacity to carry out activities to achieve the strategic objectives described in section 40104(b); and
(B)
identification, and expected participation and responsibilities of each key stakeholder in the targeted infrastructure industry described in section 40104(b)(1) with which the eligible entity will partner to carry out such activities;
(2)
a description of the targeted infrastructure industry to be served by the eligible entity with funds received under this title, and a description of how such industry was identified, including—
(A)
the quantitative data and evidence that demonstrates the demand for employment in such industry in the geographic area served by the eligible entity under this title; and
(B)
a description of the local, State, or federally funded infrastructure projects with respect to which the eligible entity anticipates engaging the partners described in paragraph (1)(B);
(3)
a description of the workers that will be targeted or recruited by the eligible entity, including—
(A)
how recruitment activities will target nontraditional populations to improve the percentages of nontraditional populations employed in targeted infrastructure industries; and
(B)
a description of potential barriers to employment for targeted workers, and a description of strategies that will be used to help workers overcome such barriers;
(4)
a description of the strategic objectives described in section 40104(b) that the eligible entity intends to achieve concerning the targeted infrastructure industry and activities to be carried out as described in section 40104, including—
(A)
a timeline for progress towards achieving such strategic objectives;
(B)
a description of the manner in which the eligible entity intends to make sustainable progress towards achieving such strategic objectives; and
(C)
assurances the eligible entity will provide performance measures for measuring progress towards achieving such strategic objectives, as described in section 40104(f);
(5)
a description of the recognized postsecondary credentials that the eligible entity proposes to prepare individuals participating in activities under this title for, which shall—
(A)
be nationally or regionally portable and stackable;
(B)
be related to the targeted infrastructure industry that the eligible entity proposes to support; and
(C)
be aligned to a career pathway and work-based learning opportunity, such as an apprenticeship program or a pre-apprenticeship program articulating to an apprenticeship program;
(6)
a description of the Federal and non-Federal resources, available under provisions of law other than this title, that will be leveraged in support of the partnerships and activities under this title; and
(7)
a description of how the eligible entity or the education and training provider in partnership with such eligible entity under this title will establish or implement plans to be included on the list of eligible providers of training services described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d)).

40104. Eligible activities

(a)
In general— An eligible entity receiving funds under this title shall carry out activities described this section to achieve the strategic objectives identified in the entity’s application under section 40103, including the objectives described in subsection (b).
(b)
Strategic objectives— The activities to be carried out with the funds awarded under this title shall be designed to achieve strategic objectives, including the following:
(1)
Recruiting key stakeholders (such as employers, labor organizations, local boards, and education and training providers, economic development agencies, and as applicable, qualified intermediaries) in the targeted infrastructure industry to establish or expand industry and sector partnerships for the purpose of—
(A)
assisting the eligible entity in carrying out the activities described in subsection (a); and
(B)
convening with the eligible entity in a collaborative structure that supports the sharing of information and best practices for supporting the development of a diverse workforce to support the targeted infrastructure industry.
(2)
Identifying the training needs of the State or local area in the targeted infrastructure industry, including—
(A)
needs for skills critical to competitiveness and innovation in the industry;
(B)
needs of the apprenticeship programs or other paid work-based learning programs supported by the funds; and
(C)
the needed establishment, expansion, or revisions of career pathways and academic curriculum in the targeted infrastructure industries to establish talent pipelines for such industry.
(3)
Identifying and quantifying any disparities or gaps in employment of nontraditional populations in the targeted infrastructure industries and establishing or expanding strategies to close such gaps.
(4)
Supporting the development of consortia of education and training providers receiving assistance under this title to align curricula, recognized postsecondary credentials, and programs to the targeted infrastructure industry needs and the credentials described in section 40103(b)(5), particularly for high-skill, high-wage or in-demand industry sectors or occupations related to the targeted infrastructure industry.
(5)
Providing information on activities carried out with such funds to the State and local board and the State agency carrying out the State program under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), including staff of the agency that provide services under such Act, to enable the State agency to inform recipients of unemployment compensation or the employment and training opportunities that may be offered through such activities.
(6)
Establishing or expanding partnerships with employers in industry or sector partnerships to attract potential workers from a diverse jobseeker base, including individuals with barriers to employment and nontraditional populations, by identifying any such barriers through analysis of the labor market data and recruitment strategies, and implementing strategies to help such workers overcome such barriers and increase diversity in the targeted infrastructure industries.
(c)
Planning activities— An eligible entity receiving a planning grant, contract, or cooperative agreement under this title shall use not more than $250,000 of such funds to carry out planning activities during the first year of the grant, contract, or agreement period, which may include—
(1)
establishing or expanding industry or sector partnerships described in subsection (b)(1);
(2)
conducting outreach to local labor organizations, employers, industry associations, education and training providers, economic development organizations, and qualified intermediaries, as applicable;
(3)
recruiting individuals for participation in programs assisted with funds under this title, including individuals with barriers to employment and nontraditional populations;
(4)
establishing or expanding paid work-based learning opportunities, including apprenticeship programs or programs articulating to apprenticeship programs;
(5)
establishing or implementing plans for any education and training provider receiving funding under this title to be included on the list of eligible providers of training services described in section 122(d) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3152(d));
(6)
establishing or implementing plans for awarding academic credit or providing for academic alignment towards credit pathways for programs or programs of study assisted with funds under this title, including academic credit for industry recognized credentials, competency-based education, work-based learning, or apprenticeship programs;
(7)
making available open, searchable, and comparable information on the recognized postsecondary credentials awarded under such programs, including the related skills or competencies and related employment and earnings outcomes;
(8)
conducting an evaluation of workforce needs in the local area; or
(9)
career pathway and curriculum development or expansion, program establishment, and acquiring equipment necessary to support activities permitted under this section.
(d)
Employer engagement— An eligible entity receiving funds under this title shall use the grant funds to provide services to engage employers in efforts to achieve the strategic objectives identified in the partnership’s application under section 40103(b)(4), such as—
(1)
navigating the registration process for a sponsor of an apprenticeship program;
(2)
connecting the employer with an education and training provider, to support the development of curriculum for work-based learning opportunities, including the related instruction for apprenticeship programs;
(3)
providing training to incumbent workers to serve as trainers or mentors to individuals participating in a work-based learning program funded under this title;
(4)
subsidizing the wages and benefits for individuals participating in activities or programs funded under this title for a period of not more than 6 months for employers demonstrating financial need, including due to COVID–19; and
(5)
recruiting for employment or participation in programs funded under this title, including work-based learning programs, including—
(A)
individuals participating in programs under the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), or the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.);
(B)
recipients of assistance through the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
(C)
recipients of assistance through the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(D)
individuals with a barrier to employment; or
(E)
nontraditional populations in the targeted infrastructure industry served by such funds.
(e)
Participant supports— The eligible entity receiving funds under this title shall use the grant funds to provide services to support the success of individuals participating in a program supported under this title, which shall include—
(1)
in coordination with the State or local board—
(A)
training services as described in section 134(c)(3) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3));
(B)
career services as described in section 134(c)(2) of such Act; and
(C)
supportive services, such as child care and transportation;
(2)
providing access to necessary supplies, materials, technological devices, or required equipment, attire, and other supports necessary to participate in such programs or to start employment;
(3)
job placement assistance, including in paid work-based learning opportunities which may include apprenticeship programs, or employment at the completion of a program provided by an education and training provider;
(4)
providing career awareness activities, such as career guidance and academic counseling; and
(5)
services to ensure individuals served by funds under this title maintain employment after the completion of a program funded under this title for at least 12 months, including through the continuation of services described under paragraphs (1) through (4) as applicable continuation of services described under paragraphs (1) through (4).
(f)
Evaluation and progress reports— Not later than 1 year after receiving a grant under this title, and annually thereafter, the eligible entity receiving the grant shall submit a report to the Secretary and the Governor of the State that the eligible entity serves, that—
(1)
describes the activities funded under this title;
(2)
evaluates the progress the eligible entity has made towards achieving the strategic objectives identified under section 40103(b)(4); and
(3)
evaluates the levels of performance achieved by the eligible entity for training participants with respect to the performance indicators under section 116(b)(2)(A) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141(b)(2)(A)) for all such workers, disaggregated by each population specified in section 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)) and by race, ethnicity, sex, and age.
(g)
Administrative costs— An eligible partnership may use not more than 5 percent of the funds awarded through a grant, contract, or cooperative agreement under this title for administrative expenses in carrying out this section.

40105. Administration by the Secretary

(a)
In general— The Secretary may use not more than 2 percent of the amount appropriated under section 40106 for each fiscal year for administrative expenses to carry out this title, including the expenses of providing the technical assistance and oversight activities under subsection (b).
(b)
Technical assistance; oversight— The Secretary shall provide technical assistance and oversight to assist the eligible entities in applying for and administering grants awarded under this title.

40106. Authorization of appropriations

There are authorized to be appropriated to carry out this title such sums as may be necessary for fiscal year 2021 and each of the succeeding 4 fiscal years.

40107. Special rule

Any funds made available under this title that are used to fund an apprenticeship or apprenticeship program shall only be used for, or provided to, an apprenticeship or apprenticeship program that meets the definition of such term in section 40101 of this title, including any funds awarded for the purposes of grants, contracts, or cooperative agreements, or the development, implementation, or administration, of an apprenticeship or an apprenticeship program.