[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1848 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1848
To rebuild and modernize the Nation's infrastructure to expand access
to broadband and Next Generation 9-1-1, rehabilitate drinking water
infrastructure, modernize the electric grid and energy supply
infrastructure, redevelop brownfields, strengthen health care
infrastructure, create jobs, and protect public health and the
environment, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2021
Mr. Pallone (for himself, Mr. Rush, Ms. Eshoo, Ms. DeGette, Mr. Michael
F. Doyle of Pennsylvania, Ms. Schakowsky, Mr. Butterfield, Ms. Matsui,
Ms. Castor of Florida, Mr. Sarbanes, Mr. McNerney, Mr. Welch, Mr.
Tonko, Ms. Clarke of New York, Mr. Schrader, Mr. Cardenas, Mr. Ruiz,
Mr. Peters, Mrs. Dingell, Mr. Veasey, Ms. Kuster, Ms. Kelly of
Illinois, Ms. Barragan, Mr. McEachin, Ms. Blunt Rochester, Mr. Soto,
Mr. O'Halleran, Miss Rice of New York, Ms. Craig, Ms. Schrier, Mrs.
Trahan, and Mrs. Fletcher) introduced the following bill; which was
referred to the Committee on Energy and Commerce, and in addition to
the Committees on Transportation and Infrastructure, Natural Resources,
Science, Space, and Technology, Ways and Means, Education and Labor,
Agriculture, and Oversight and Reform, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To rebuild and modernize the Nation's infrastructure to expand access
to broadband and Next Generation 9-1-1, rehabilitate drinking water
infrastructure, modernize the electric grid and energy supply
infrastructure, redevelop brownfields, strengthen health care
infrastructure, create jobs, and protect public health and the
environment, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Leading
Infrastructure For Tomorrow's America Act'' or the ``LIFT America
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--UNIVERSAL BROADBAND AND NEXT GENERATION 9-1-1
Sec. 10001. Definitions.
Sec. 10002. Sense of Congress.
Sec. 10003. Severability.
Subtitle A--Digital Equity
Sec. 11001. Definitions.
Part 1--Office of Internet Connectivity and Growth
Sec. 11101. Annual report of Office.
Sec. 11102. Study and report on affordability of adoption of broadband
service.
Sec. 11103. Authorization of appropriations.
Sec. 11104. Study and recommendations to connect socially disadvantaged
individuals.
Part 2--Digital Equity Programs
Sec. 11201. State Digital Equity Capacity Grant Program.
Sec. 11202. Digital Equity Competitive Grant Program.
Sec. 11203. Policy research, data collection, analysis and modeling,
evaluation, and dissemination.
Sec. 11204. General provisions.
Subtitle B--Broadband Affordability and Pricing Transparency
Part 1--Broadband Affordability
Sec. 12101. Authorization for additional funds for the Emergency
Broadband Connectivity Fund.
Sec. 12102. Grants to States to strengthen National Lifeline
Eligibility Verifier.
Sec. 12103. Federal coordination between National Eligibility Verifier
and National Accuracy Clearinghouse.
Sec. 12104. Definitions.
Part 2--Additional Authorization for Emergency Connectivity Fund
Sec. 12201. Additional authorization for Emergency Connectivity Fund.
Part 3--Pricing Transparency
Sec. 12301. Definitions.
Sec. 12302. Broadband transparency.
Sec. 12303. Distribution of data.
Sec. 12304. Coordination with certain other Federal agencies.
Sec. 12305. Adoption of consumer broadband labels.
Sec. 12306. GAO report.
Subtitle C--Broadband Access
Part 1--Expansion of Broadband Access
Sec. 13101. Expansion of broadband access in unserved areas and areas
with low-tier or mid-tier service.
Sec. 13102. Tribal internet expansion.
Part 2--Broadband Infrastructure Finance and Innovation
Sec. 13201. Short title.
Sec. 13202. Definitions.
Sec. 13203. Determination of eligibility and project selection.
Sec. 13204. Secured loans.
Sec. 13205. Lines of credit.
Sec. 13206. Alternative prudential lending standards for small
projects.
Sec. 13207. Program administration.
Sec. 13208. State and local permits.
Sec. 13209. Regulations.
Sec. 13210. Funding.
Sec. 13211. Reports to Congress.
Part 3--Wi-Fi on School Buses
Sec. 13301. E-rate support for school bus Wi-Fi.
Subtitle D--Community Broadband
Sec. 14001. State, local, public-private partnership, and co-op
broadband services.
Subtitle E--Next Generation 9-1-1
Sec. 15001. Further deployment of Next Generation 9-1-1.
TITLE II--DRINKING WATER INFRASTRUCTURE
Sec. 20001. Drinking Water SRF Funding.
Sec. 20002. Drinking water system resilience funding.
Sec. 20003. PFAS treatment grants.
Sec. 20004. Lead service line replacement.
Sec. 20005. Assistance for areas affected by natural disasters.
Sec. 20006. Allotments for territories.
TITLE III--CLEAN ENERGY INFRASTRUCTURE
Subtitle A--Grid Security and Modernization
Sec. 31001. 21st century power grid.
Sec. 31002. Strategic transformer reserve program.
Subtitle B--Energy Efficient Infrastructure
Part 1--Efficiency Grants for State and Local Governments
Sec. 32101. Energy efficient public buildings.
Sec. 32102. Energy Efficiency and Conservation Block Grant Program.
Part 2--Energy Improvements at Public School Facilities
Sec. 32201. Grants for energy efficiency improvements and renewable
energy improvements at public school
facilities.
Part 3--HOPE for HOMES
Sec. 32301. Definitions.
subpart a--hope training
Sec. 32311. Notice for HOPE Qualification training and grants.
Sec. 32312. Course criteria.
Sec. 32313. HOPE Qualification.
Sec. 32314. Grants.
Sec. 32315. Authorization of appropriations.
subpart b--home energy savings retrofit rebate program
Sec. 32321. Establishment of Home Energy Savings Retrofit Rebate
Program.
Sec. 32322. Partial system rebates.
Sec. 32323. State administered rebates.
Sec. 32324. Special provisions for moderate income households.
Sec. 32325. Evaluation reports to Congress.
Sec. 32326. Administration.
Sec. 32327. Treatment of rebates.
Sec. 32328. Authorization of appropriations.
subpart c--general provisions
Sec. 32331. Appointment of personnel.
Sec. 32332. Maintenance of funding.
Part 4--Energy and Water Performance at Federal Facilities
Sec. 32401. Energy and water performance requirement for Federal
facilities.
Part 5--Open Back Better
Sec. 32501. Facilities energy resiliency.
Sec. 32502. Personnel.
Subtitle C--Energy Supply Infrastructure
Sec. 33001. Grant program for solar installations located in, or that
serve, low-income and underserved areas.
Sec. 33002. Improving the natural gas distribution system.
Sec. 33003. Distributed energy resources.
Sec. 33004. Clean Energy and Sustainability Accelerator.
Sec. 33005. Dam safety.
Subtitle D--Smart Communities Infrastructure
Part 1--Smart Communities
Sec. 34101. 3C energy program.
Sec. 34102. Federal technology assistance.
Sec. 34103. Technology demonstration grant program.
Sec. 34104. Smart city or community.
Part 2--Clean Cities Coalition Program
Sec. 34201. Clean Cities Coalition Program.
Part 3--Vehicle Infrastructure
subpart a--electric vehicle infrastructure
Sec. 34311. Definitions.
Sec. 34312. Electric vehicle supply equipment rebate program.
Sec. 34313. Model building code for electric vehicle supply equipment.
Sec. 34314. Electric vehicle supply equipment coordination.
Sec. 34315. State consideration of electric vehicle charging.
Sec. 34316. State energy plans.
Sec. 34317. Transportation electrification.
Sec. 34318. Federal fleets.
subpart b--electric vehicles for underserved communities
Sec. 34321. Expanding access to electric vehicles in underserved and
disadvantaged communities.
Sec. 34322. Ensuring program benefits for underserved and disadvantaged
communities.
Sec. 34323. Definitions.
subpart c--port electrification and decarbonization
Sec. 34331. Definitions.
Sec. 34332. Grants to reduce air pollution at ports.
Sec. 34333. Model methodologies.
Sec. 34334. Port electrification.
Sec. 34335. Authorization of appropriations.
subpart d--other vehicles
Sec. 34341. Clean School Bus Program.
Sec. 34342. Pilot program for the electrification of certain
refrigerated vehicles.
Sec. 34343. Domestic Manufacturing Conversion Grant Program.
Sec. 34344. Advanced technology vehicles manufacturing incentive
program.
TITLE IV--HEALTH CARE INFRASTRUCTURE
Sec. 40001. Core public health infrastructure for State, local, Tribal,
and territorial health departments.
Sec. 40002. Core public health infrastructure and activities for CDC.
Sec. 40003. Hospital infrastructure.
Sec. 40004. Pilot program to improve laboratory infrastructure.
Sec. 40005. 21st century Indian health program hospitals and outpatient
health care facilities.
Sec. 40006. Pilot program to improve community-based care
infrastructure.
Sec. 40007. Community Health Center Capital Project Funding.
Sec. 40008. Energy efficiency.
TITLE V--BROWNFIELDS REDEVELOPMENT
Sec. 50001. Authorization of appropriations.
Sec. 50002. State response programs.
TITLE I--UNIVERSAL BROADBAND AND NEXT GENERATION 9-1-1
SEC. 10001. 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 such term 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. 10002. 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. 10003. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of such provision or amendment to any person or
circumstance is held to be invalid, the remainder of this title and the
amendments made by this title, and the application of such provision or
amendment to any other person or circumstance, shall not be affected
thereby.
Subtitle A--Digital Equity
SEC. 11001. 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.--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 11201 and the Digital Equity Competitive Grant
Program established under section 11202.
(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 11201(c)(3), a State with respect to
which the Assistant Secretary has approved an
application submitted to the Assistant Secretary under
subparagraph (C) of such section; and
(B) with respect to capacity grants awarded under
section 11201(d), a State with respect to which the
Assistant Secretary has approved an application
submitted to the Assistant Secretary under paragraph
(2) of such section.
(9) Federal broadband support program.--The term ``Federal
broadband support program'' has the meaning given such term in
section 903 of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116-260).
(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 within the National
Telecommunications and Information Administration.
(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'' has the meaning given such term in
section 903 of division FF of the Consolidated Appropriations
Act, 2021 (Public Law 116-260).
(21) Workforce development program.--The term ``workforce
development program'' has the meaning given the term in section
3 of the Workforce Innovation and Opportunity Act (29 U.S.C.
3102).
PART 1--OFFICE OF INTERNET CONNECTIVITY AND GROWTH
SEC. 11101. ANNUAL REPORT OF OFFICE.
Section 903(c)(2)(C) of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended by adding at
the end the following:
``(iv) A description of any non-economic
benefits of such broadband deployment efforts,
including any effect on civic engagement.
``(v) The extent to which residents of the
United States that received broadband as a
result of Federal broadband support programs
and the Universal Service Fund Programs
received broadband at the download and upload
speeds required by such programs.''.
SEC. 11102. STUDY AND REPORT ON AFFORDABILITY OF ADOPTION OF BROADBAND
SERVICE.
Section 903 of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116-260) is amended--
(1) by redesignating subsections (g) and (h) as subsections
(i) and (j), respectively; and
(2) by inserting after subsection (f) the following:
``(g) 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 subsection, 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 emergency
broadband benefit under section 904 of division N.
``(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 emergency
broadband benefit under section 904 of division N.
``(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 emergency broadband
benefit under section 904 of division N, 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 subsection, 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.
``(H) The extent to which, if at all, the Universal
Service Fund high-cost programs have enabled access to
reasonably comparable telephony and broadband services
at reasonably comparable rates in high-cost rural areas
as required by the Communications Act of 1934 (47
U.S.C. 151 et seq.), including a comparison of the
rates charged by recipients of support under such
programs in rural areas and rates charged in urban
areas, as determined by the Commission's annual survey.
``(2) Report.--Not later than 1 year after the date of the
enactment of this subsection, and biennially thereafter, the
Office shall submit to Congress a report on the results of the
study conducted under paragraph (1).
``(3) Definitions.--In this subsection:
``(A) Cost.--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.
``(B) Other definitions.--The terms `adoption of
broadband service' and `broadband service' have the
meanings given such terms in section 11001 of the
Leading Infrastructure For Tomorrow's America Act.''.
SEC. 11103. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Assistant Secretary
$26,000,000 for each of the fiscal years 2022 through 2026 for the
operations of the Office.
SEC. 11104. STUDY AND RECOMMENDATIONS TO CONNECT SOCIALLY DISADVANTAGED
INDIVIDUALS.
Section 903 of division FF of the Consolidated Appropriations Act,
2021 (Public Law 116-260), as amended by section 11102, is further
amended by inserting before subsection (i) (as redesignated by such
section) the following:
``(h) Study and Recommendations To Connect Socially Disadvantaged
Individuals.--
``(1) In general.--Not later than 12 months after the date
of the enactment of this subsection, the Office, in
consultation with the Commission and the Rural Utilities
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 service,
including the Universal Service Fund Programs and other Federal
broadband support programs, have expanded access to and
adoption of broadband service by socially disadvantaged
individuals as compared to individuals who are not socially
disadvantaged individuals.
``(2) Report and publication.--
``(A) Submission.--Not later than 18 months after
the date of the enactment of this subsection, the
Office shall submit a report on the results of the
study under paragraph (1) to--
``(i) the Committee on Energy and Commerce
of the House of Representatives;
``(ii) the Committee on Commerce, Science,
and Transportation of the Senate; and
``(iii) each agency administering a program
evaluated by such report.
``(B) Public publication.--Contemporaneously with
submitting the report required by subparagraph (A), the
Office shall publish such report on the public-facing
website of the Office.
``(C) Recommendations.--The report required by
subparagraph (A) shall include recommendations with
regard to how Federal funds for the Universal Service
Fund Programs and Federal broadband support programs
may be dispersed in an a manner that better expands
access to and adoption of broadband service by socially
disadvantaged individuals as compared to individuals
who are not socially disadvantaged individuals.
``(3) Definitions.--In this subsection:
``(A) Socially disadvantaged individual.--The term
`socially disadvantaged individual' has the meaning
given that term in section 8 of the Small Business Act
(15 U.S.C. 637).
``(B) Other definitions.--The terms `adoption of
broadband service' and `broadband service' have the
meanings given such terms in section 11001 of the
Leading Infrastructure For Tomorrow's America Act.''.
PART 2--DIGITAL EQUITY PROGRAMS
SEC. 11201. 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 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 2(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 11202(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 11202(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
11203(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) Authorization of Appropriations.--There are authorized to be
appropriated to the Assistant Secretary--
(1) for the award of grants under subsection (c)(3),
$60,000,000 for fiscal year 2022, and such amount is authorized
to remain available through fiscal year 2026; and
(2) for the award of grants under subsection (d),
$625,000,000 for fiscal year 2022, and such amount is
authorized to remain available through fiscal year 2026.
SEC. 11202. 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 11201(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
10001(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 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 11201(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 Commission), in order to provide
educational and employment opportunities to
those populations.
(iii) To implement, consistent with the
purposes of this part--
(I) training programs for covered
populations that cover basic, advanced,
and applied skills; or
(II) other workforce development
programs.
(iv) To make available equipment,
instrumentation, networking capability,
hardware and software, or digital network
technology for broadband service to covered
populations at low or no cost.
(v) To construct, upgrade, expend, or
operate new or existing public access computing
centers for covered populations through anchor
institutions.
(vi) To undertake any other project or
activity that the Assistant Secretary finds to
be consistent with the purposes for which the
Program is established.
(B) Evaluation.--
(i) In general.--An entity to which the
Assistant Secretary awards a grant under the
Program shall use not more than 10 percent of
the grant amounts to measure and evaluate the
activities supported with the grant amounts.
(ii) Submission to assistant secretary.--An
entity to which the Assistant Secretary awards
a grant under the Program shall submit to the
Assistant Secretary each measurement and
evaluation performed under clause (i)--
(I) in a manner specified by the
Assistant Secretary;
(II) not later than 15 months after
the date on which the entity is awarded
the grant amounts; and
(III) annually after the submission
described in subclause (II) for any
year in which the entity expends grant
amounts.
(C) Administrative costs.--An entity to which the
Assistant Secretary awards a grant under the Program
may use not more than 10 percent of the amount of the
grant for administrative costs in carrying out any of
the activities described in subparagraph (A).
(D) Time limitations.--With respect to a grant
awarded to an entity under the Program, the entity--
(i) except as provided in clause (ii),
shall expend the grant amounts during the 4-
year period beginning on the date on which the
entity is awarded the grant amounts; and
(ii) during the 1-year period beginning on
the date that is 4 years after the date on
which the entity is awarded the grant amounts,
may continue to measure and evaluate the
activities supported with the grant amounts, as
required under subparagraph (B).
(E) Contracting requirements.--All laborers and
mechanics employed by contractors or subcontractors in
the performance of construction, alteration, or repair
work carried out, in whole or in part, with a grant
under the Program shall be paid wages at rates not less
than those prevailing on projects of a similar
character in the locality as determined by the
Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With
respect to the labor standards in this subparagraph,
the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14
of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145
of title 40, United States Code.
(F) Neutrality requirement.--An employer to which
the Assistant Secretary awards a grant under the
Program shall remain neutral with respect to the
exercise of employees and labor organizations of the
right to organize and bargain under the National Labor
Relations Act (29 U.S.C. 151 et seq.).
(G) Referral of alleged violations of applicable
federal labor and employment laws.--The Assistant
Secretary shall refer any alleged violation of an
applicable labor and employment law to the appropriate
Federal agency for investigation and enforcement, any
alleged violation of subparagraph (E) or (F) to the
National Labor Relations Board for investigation and
enforcement, utilizing all appropriate remedies up to
and including debarment from the Program.
(e) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of any project for which the Assistant Secretary
awards a grant under the Program may not exceed 90 percent.
(2) Exception.--The Assistant Secretary may grant a waiver
with respect to the limitation on the Federal share of a
project described in paragraph (1) if--
(A) the applicant with respect to the project
petitions the Assistant Secretary for the waiver; and
(B) the Assistant Secretary determines that the
petition described in subparagraph (A) demonstrates
financial need.
(f) Assurances.--When applying for a grant under this section, an
entity shall include in the application for that grant assurances that
the entity will--
(1) use any grant funds that the entity is awarded in
accordance with any applicable statute, regulation, or
application procedure;
(2) adopt and use proper methods of administering any grant
that the entity is awarded, including by--
(A) enforcing any obligation imposed under law on
any agency, institution, organization, or other entity
that is responsible for carrying out a program to which
the grant relates;
(B) correcting any deficiency in the operation of a
program to which the grant relates, as identified
through an audit or another monitoring or evaluation
procedure; and
(C) adopting written procedures for the receipt and
resolution of complaints alleging a violation of law
with respect to a program to which the grant relates;
(3) cooperate with respect to any evaluation--
(A) of any program that relates to a grant awarded
to the entity; and
(B) that is carried out by or for the Assistant
Secretary or another Federal official;
(4) use fiscal control and fund accounting procedures that
ensure the proper disbursement of, and accounting for, any
Federal funds that the entity is awarded under the Program;
(5) submit to the Assistant Secretary any reports that may
be necessary to enable the Assistant Secretary to perform the
duties of the Assistant Secretary under the Program; and
(6) maintain any records and provide any information to the
Assistant Secretary, including those records, that the
Assistant Secretary determines is necessary to enable the
Assistant Secretary to perform the duties of the Assistant
Secretary under the Program.
(g) Termination of Grant.--In addition to other authority under
applicable law, the Assistant Secretary shall--
(1) terminate a grant awarded to an entity under this
section if, after notice to the entity and opportunity for a
hearing, the Assistant Secretary determines, and presents to
the entity a rationale and supporting information that clearly
demonstrates, that--
(A) the grant funds are not being used in a manner
that is consistent with the application with respect to
the grant submitted by the entity under subsection (c);
(B) the entity is not upholding assurances made by
the entity to the Assistant Secretary under subsection
(f); or
(C) the grant is no longer necessary to achieve the
original purpose for which the Assistant Secretary
awarded the grant; and
(2) with respect to any grant funds that the Assistant
Secretary terminates under paragraph (1) or under other
authority under applicable law, competitively award the grant
funds to another applicant (if such an applicant exists),
consistent with the requirements of this section.
(h) Reporting and Information Requirements; Internet Disclosure.--
The Assistant Secretary--
(1) shall--
(A) require any entity to which the Assistant
Secretary awards a grant under the Program to, for each
year during the period described in clause (i) of
subsection (d)(2)(D) with respect to the grant and
during the period described in clause (ii) of such
subsection with respect to the grant if the entity
continues to measure and evaluate the activities
supported with the grant amounts during such period,
submit to the Assistant Secretary a report, in a format
specified by the Assistant Secretary, regarding--
(i) the use by the entity of the grant
amounts; and
(ii) the progress of the entity towards
fulfilling the objectives for which the grant
was awarded;
(B) establish mechanisms to ensure appropriate use
of, and compliance with respect to all terms regarding,
grant funds awarded under the Program;
(C) create and maintain a fully searchable
database, which shall be accessible on the internet at
no cost to the public, that contains, at a minimum--
(i) a list of each entity that has applied
for a grant under the Program;
(ii) a description of each application
described in clause (i), including the proposed
purpose of each grant described in that clause;
(iii) the status of each application
described in clause (i), including whether the
Assistant Secretary has awarded a grant with
respect to the application and, if so, the
amount of the grant;
(iv) each report submitted by an entity
under subparagraph (A); and
(v) any other information that the
Assistant Secretary considers appropriate to
ensure that the public has sufficient
information to understand and monitor grants
awarded under the Program; and
(D) ensure that any entity with respect to which an
award is terminated under subsection (g) may, in a
timely manner, appeal or otherwise challenge that
termination; and
(2) may establish additional reporting and information
requirements for any recipient of a grant under the Program.
(i) Supplement Not Supplant.--A grant awarded to an entity under
the Program shall supplement, not supplant, other Federal or State
funds that have been made available to the entity to carry out
activities described in this section.
(j) Set Asides.--From amounts made available in a fiscal year to
carry out the Program, the Assistant Secretary shall reserve--
(1) not more than 5 percent for the implementation and
administration of the Program, which shall include--
(A) providing technical support and assistance,
including ensuring consistency in data reporting;
(B) providing assistance to entities to prepare the
applications of those entities with respect to grants
awarded under this section;
(C) developing the report required under section
11203(a); and
(D) conducting outreach to entities that may be
eligible to be awarded a grant under the Program
regarding opportunities to apply for such a grant; and
(2) not less than 5 percent to award grants directly to
Indian Tribes, tribally designated entities, and Native
Hawaiian organizations to allow those Tribes, entities, and
organizations to carry out the activities described in this
section.
(k) Rules.--The Assistant Secretary may prescribe such rules as may
be necessary to carry out this section.
(l) Authorization of Appropriations.--There are authorized to be
appropriated to the Assistant Secretary $625,000,000 to carry out this
section for fiscal year 2022, and such amount is authorized to remain
available through fiscal year 2026.
SEC. 11203. 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 11201(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 11201 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 11202 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 11201(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. 11204. 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 part.
(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 part in a technologically
neutral manner.
(c) Audit and Oversight.--There are authorized to be appropriated
to the Office of Inspector General of the Department of Commerce for
audits and oversight of funds made available to carry out this part,
$1,000,000 for fiscal year 2022, and such amount is authorized to
remain available through fiscal year 2026.
Subtitle B--Broadband Affordability and Pricing Transparency
PART 1--BROADBAND AFFORDABILITY
SEC. 12101. AUTHORIZATION FOR ADDITIONAL FUNDS FOR THE EMERGENCY
BROADBAND CONNECTIVITY FUND.
There are authorized to be appropriated to the Emergency Broadband
Connectivity Fund established under subsection (i) of section 904 of
title IX of division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260) $6,000,000,000 for fiscal year 2022 for the
purposes described in paragraph (3) of such subsection, and such amount
is authorized to remain available through fiscal year 2026.
SEC. 12102. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE
ELIGIBILITY VERIFIER.
(a) In General.--Not later than 45 days after the date of the
enactment of this Act, the Commission shall establish a program to
provide a grant, from amounts appropriated under subsection (d), to
each eligible entity for the purpose described under subsection (b).
(b) Purpose.--The Commission shall make a grant to each eligible
entity for the purpose of establishing or amending a connection between
the databases of such entity that contain information concerning the
receipt by a household, or a member of a household, of benefits under a
program administered by such entity (including any benefit provided
under the supplemental nutrition assistance program under the Food and
Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)) and the National
Lifeline Eligibility Verifier so that the receipt by a household, or a
member of a household, of benefits under such benefits program--
(1) is reflected in the National Lifeline Eligibility
Verifier; and
(2) can be used to verify eligibility for--
(A) the Lifeline program established under subpart
E, part 54, of title 47, Code of Federal Regulations
(or any successor regulation); and
(B) the Emergency Broadband Benefit Program
established under section 904(b) of title IX of
division N of the Consolidated Appropriations Act, 2021
(Public Law 116-260).
(c) Disbursement of Grant Funds.--Not later than 60 days after the
program established under subsection (a) is established, funds provided
under each grant made under such subsection shall be disbursed to the
entity receiving such grant.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $200,000,000 for fiscal year 2022 for the purposes of
carrying out this section, and such amount is authorized to remain
available through fiscal year 2026.
(e) Eligible Entities.--In this section, the term ``eligible
entity'' means an entity that--
(1) is a State or Tribal entity; and
(2) not later than 30 days after the date of the enactment
of this Act, submits to the Commission an application
containing such information as the Commission may require.
SEC. 12103. FEDERAL COORDINATION BETWEEN NATIONAL ELIGIBILITY VERIFIER
AND NATIONAL ACCURACY CLEARINGHOUSE.
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.
SEC. 12104. DEFINITIONS.
In this part:
(1) Automated connection.--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 into any
other connected system.
(2) 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).
(3) Tribal entity.--The term ``Tribal entity'' means any of
the following:
(A) The governing body of any Indian or Alaska
Native Tribe, band, nation, pueblo, village, community,
component band, or component reservation, individually
recognized (including parenthetically) in the list
published most recently as of the date of enactment of
this Act pursuant to section 104 of the Federally
Recognized Indian Tribe List Act of 1994 (25 U.S.C.
5131).
(B) The Department of Hawaiian Home Lands.
PART 2--ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY FUND
SEC. 12201. ADDITIONAL AUTHORIZATION FOR EMERGENCY CONNECTIVITY FUND.
There is authorized to be appropriated to the Emergency
Connectivity Fund established under section 7402(c) of the American
Rescue Plan Act of 2021 $2,000,000,000 for fiscal year 2022 for the
purposes described in such section, and such amount is authorized to
remain available through fiscal year 2026.
PART 3--PRICING TRANSPARENCY
SEC. 12301. DEFINITIONS.
In this part:
(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. 12302. 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. 12303. 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 part 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 subsection (g)
of section 903 of division FF of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), as added by this
title;
(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. 12304. 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''; and
(2) by amending subparagraph (B) to read as follows:
``(B) coordinate with the Postmaster General, the
heads of other Federal agencies that operate delivery
fleet vehicles, and the Director of the Bureau of the
Census for assistance with data collection whenever
coordination could feasibly yield more specific
geographic data.''; and
(3) by striking subparagraph (C).
SEC. 12305. ADOPTION OF CONSUMER BROADBAND LABELS.
(a) Final Rule.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall promulgate regulations to
promote and incentivize the widespread adoption of broadband consumer
labels, as described in the Public Notice of the Commission issued on
April 4, 2016 (DA 16-357), to disclose to consumers information
regarding broadband internet access service plans.
(b) Hearings.--In issuing the final rule under subsection (a), the
Commission shall conduct a series of public hearings to assess, at the
time of the proceeding--
(1) how consumers evaluate broadband internet access
service plans; and
(2) whether disclosures to consumers of information
regarding broadband internet access service plans, including
those required under section 8.1 of title 47, Code of Federal
Regulations, are available, effective, and sufficient.
SEC. 12306. GAO REPORT.
Not later than one year after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to the
Committee on Energy and Commerce of the House of Representatives, the
Committee on Agriculture of the House of Representatives, the Committee
on Transportation and Infrastructure of the House of the
Representatives, the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Environment and Public Works of the
Senate, and the Committee on Agriculture, Nutrition, and Forestry of
the Senate, a report that evaluates the process used by the Commission
for establishing, reviewing, and updating the upload and download
broadband internet access service speed thresholds, including--
(1) how the Commission reviews and updates broadband
internet access speed thresholds;
(2) whether the Commission considers future broadband
internet access service speed needs when establishing broadband
internet access service speed thresholds, including whether the
Commission considers the need, or the anticipated need, for
higher upload or download broadband internet access service
speeds in the five-year period and the ten-year period after
the date on which a broadband internet access service 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 service speed thresholds, including--
(A) the proliferation of internet-based business;
(B) working remotely and running a business from
home;
(C) video teleconferencing;
(D) distance learning;
(E) in-house web hosting; and
(F) cloud data storage.
Subtitle C--Broadband Access
PART 1--EXPANSION OF BROADBAND ACCESS
SEC. 13101. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS
WITH LOW-TIER OR MID-TIER SERVICE.
(a) In General.--Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by adding at the end the following new
section:
``SEC. 723. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS
WITH LOW-TIER OR MID-TIER SERVICE.
``(a) Program Established.--Not later than 180 days after the date
of the enactment of this section, the Commission, in consultation with
the Assistant Secretary, shall establish a program to expand access to
broadband service for unserved areas, areas with low-tier service,
areas with mid-tier service, and unserved anchor institutions in
accordance with the requirements of this section that--
``(1) is separate from any universal service program
established pursuant to section 254; and
``(2) does not require funding recipients to be designated
as eligible telecommunications carriers under section 214(e).
``(b) Use of Program Funds.--
``(1) Expanding access to broadband service through
national system of competitive bidding.--Not later than 18
months after the date of the enactment of this section, the
Commission shall award 75 percent of the amounts appropriated
under subsection (g) through national systems of competitive
bidding to funding recipients only to expand access to
broadband service in unserved areas and areas with low-tier
service.
``(2) Expanding access to broadband service through
states.--
``(A) Distribution of funds to states.--Not later
than 255 days after the date of the enactment of this
section, the Commission shall distribute 25 percent of
the amounts appropriated under subsection (g) among the
States, as follows:
``(i) $100,000,000 shall be distributed to
each of the 50 States, the District of
Columbia, and Puerto Rico.
``(ii) $100,000,000 shall be allocated
equally among and distributed to the United
States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the
Republic of Palau.
``(iii) The remainder shall be allocated
among and distributed to the entities described
in clause (i), in proportion to the population
of each such entity.
``(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) Federal and state coordination.--The Commission, in
consultation with the Office of Internet Connectivity and
Growth, shall establish processes through the rulemaking under
subsection (e) to--
``(A) permit a State to elect for the Commission to
conduct statewide systems of competitive bidding on
behalf of such State 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 latency that is sufficiently low to
allow multiple, simultaneous, 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 4 years after the date on which funding
is provided under this section for such project--
``(A) broadband service with a download speed of at
least 1 gigabit per second, an upload speed of at least
1 gigabit per second, and latency that is sufficiently
low to allow multiple, simultaneous, real-time,
interactive applications; or
``(B) 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, an upload speed of at least
10 gigabits per second per 1,000 users, and latency
that is sufficiently low to allow multiple,
simultaneous, real-time, interactive applications.
``(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 4 years after the date on
which funding is provided under this section for such
project--
``(i) broadband service with a download
speed of at least 1 gigabit per second, an
upload speed of at least 1 gigabit per second,
and latency that is sufficiently low to allow
multiple, simultaneous, real-time, interactive
applications; or
``(ii) 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, an upload speed of at least 10
gigabits per second per 1,000 users, and
latency that is sufficiently low to allow
multiple, simultaneous, real-time, interactive
applications; 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 multiple,
simultaneous, 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 with support from the local
community, demonstrated by at least one letter of
support from local elected officials in the community.
``(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.--
``(A) Standards.--The Commission shall establish,
through the rulemaking described in subsection (e),
objective standards to determine that each provider of
broadband service seeking to participate in a system of
competitive bidding--
``(i) is capable of carrying out the
project in a competent manner in compliance
with all applicable Federal, State, and local
laws;
``(ii) 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
``(iii) 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.
``(B) Determinations regarding providers.--An
entity administering a system of competitive bidding
(either a State or the Commission) may not permit a
provider of broadband service to participate in the
system of competitive bidding unless the entity first
determines, after notice and an opportunity for public
comment, that the provider meets the standards
established under subparagraph (A).
``(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 latency that is
sufficiently low to allow multiple, simultaneous, 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 that
the broadband service buildout milestones for all systems of
competitive bidding authorized under this section will be met;
``(5) that, except as provided in paragraphs (2) and (3) of
subsection (c), establish a maximum buildout timeframe of three
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) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission $79,500,000,000 for fiscal year 2022 to
carry out the program, and such amount is authorized to remain
available through fiscal year 2026.
``(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'--
``(A) 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; and
``(B) includes any entity described in subparagraph
(A) that serves an Indian Tribe, tribally designated
entity, or Native Hawaiian organization.
``(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 reached
through collective bargaining.
``(10) Funding recipient.--The term `funding recipient'
means an entity that receives funding for a project under this
section, which may include--
``(A) a private entity, a public-private
partnership, a cooperative, and a Tribal or municipal
broadband service provider; and
``(B) a consortium between any of the entities
described in subparagraph (A), including a consortium
that includes an investor-owned utility.
``(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 most recent Island Areas decennial
census of the Bureau of the Census for which data is available
as of the year before the date of the enactment of this
section.
``(12) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
``(13) 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.
``(14) 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).
``(15) 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.
``(16) 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 and 2000 Island
Areas decennial censuses of the Bureau of the Census and in the
most recent Island Areas decennial census of the Bureau of the
Census for which data is available as of the year before the
date of the enactment of this section.
``(17) 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)).
``(18) Program.--Unless otherwise indicated, the term
`program' means the program established under subsection (a).
``(19) 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.
``(20) State.--The term `State' has the meaning given such
term in section 3, except that such term also includes the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
``(21) Tribally designated entity.--The term `tribally
designated entity' means an entity designated by an Indian
Tribe for purposes of paragraph (2)(B).
``(22) 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.
``(23) Unserved area.--The term `unserved area' means an
area where--
``(A) the Commission reasonably believes there are
potential subscribers of broadband service; and
``(B) at least 90 percent of the population has no
access to broadband service or does not have access to
broadband service offered--
``(i) with a download speed of at least 25
megabits per second;
``(ii) with an upload speed of at least 25
megabits per second; and
``(iii) with latency that is sufficiently
low to allow multiple, simultaneous, real-time,
interactive applications.''.
(b) Authorization of Appropriations for Tribal Broadband
Connectivity Program.--
(1) In general.--Section 905(c) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) is
amended by adding at the end the following:
``(9) Authorization of appropriations.--There is authorized
to be appropriated to the Assistant Secretary $500,000,000 for
fiscal year 2022 to carry out the grant program under this
subsection, and such amount is authorized to remain available
through fiscal year 2026.''.
(2) Conforming amendments.--Section 905 of division N of
the Consolidated Appropriations Act, 2021 (Public Law 116-260)
is amended--
(A) in subsection (c), by inserting ``or paragraph
(9) of this subsection'' after ``subsection (b)(1)''
each place it appears; and
(B) in subsection (e)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting after
``this Act'' the following: ``(and, in
the case of the grant program under
subsection (c), not earlier than 30
days, and not later than 60 days, after
the date of enactment of any other law
making available amounts to carry out
such program)''; and
(II) in subparagraph (A), by
inserting after ``eligible entities and
covered partnerships'' the following:
``(or, in the case of a notice issued
by reason of the enactment of a law,
other than this Act, making available
amounts to carry out the grant program
under subsection (c), eligible
entities)''; and
(ii) in paragraph (2)(A), by inserting
after ``an eligible entity or covered
partnership'' the following: ``(or, in the case
of a notice issued by reason of the enactment
of a law, other than this Act, making available
amounts to carry out the grant program under
subsection (c), an eligible entity)''.
SEC. 13102. TRIBAL INTERNET EXPANSION.
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''.
PART 2--BROADBAND INFRASTRUCTURE FINANCE AND INNOVATION
SEC. 13201. SHORT TITLE.
This part may be cited as the ``Broadband Infrastructure Finance
and Innovation Act of 2021''.
SEC. 13202. DEFINITIONS.
In this part:
(1) BIFIA program.--The term ``BIFIA program'' means the
broadband infrastructure finance and innovation program
established under this part.
(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 13205 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 100 megabits per second; and
(III) with latency that is
sufficiently low to allow multiple,
simultaneous, 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 13204.
(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. 13203. 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 13206 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 part,
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
13206 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 part 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
13202(3)(A).
SEC. 13204. 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 13203;
(B) to refinance interim construction financing of
eligible project costs of any project selected under
section 13203; 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 13203; or
(ii) otherwise meets the requirements of
section 13203.
(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 13203(b)(2)(A)(ii)
or, in the case of a small project, the alternative
documentation provided under section 13203(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 13206 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 part; 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. 13205. 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 13203.
(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 13203(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
13203(b)(2)(B) instead of preliminary rating opinion
letters provided under section 13203(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 13206 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 13206 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
13204 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. 13206. 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. 13207. 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 13210(a), and after the set-aside for administrative expenses
under section 13210(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. 13208. 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. 13209. REGULATIONS.
The Assistant Secretary may promulgate such regulations as the
Assistant Secretary determines to be appropriate to carry out the BIFIA
program.
SEC. 13210. FUNDING.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Assistant Secretary $5,000,000,000 for fiscal year
2022 to carry out this part, and such amount is authorized to remain
available through fiscal year 2026.
(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. 13211. 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 13203(d).
PART 3--WI-FI ON SCHOOL BUSES
SEC. 13301. E-RATE SUPPORT FOR SCHOOL BUS WI-FI.
(a) Definition.--In this section, the term ``school bus'' means a
passenger motor vehicle that is--
(1) designed to carry a driver and not less than 5
passengers; and
(2) used significantly to transport early child education,
elementary school, or secondary school students to or from
school or an event related to school.
(b) Rulemaking.--Notwithstanding the limitations under paragraphs
(1)(B) and (2)(A) of section 254(h) of the Communications Act of 1934
(47 U.S.C. 254(h)) regarding the authorized recipients and uses of
discounted telecommunications services, not later than 180 days after
the date of 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.
Subtitle D--Community Broadband
SEC. 14001. STATE, LOCAL, PUBLIC-PRIVATE PARTNERSHIP, AND CO-OP
BROADBAND SERVICES.
Section 706 of the Telecommunications Act of 1996 (47 U.S.C. 1302)
is amended--
(1) by redesignating subsection (d) as subsection (e) and
inserting after subsection (c) the following:
``(d) State, Local, Public-Private Partnership, and Co-Op Advanced
Telecommunications Capability and Services.--
``(1) In general.--No State statute, regulation, or other
State legal requirement may prohibit or have the effect of
prohibiting any public provider, public-private partnership
provider, or cooperatively organized provider from providing,
to any person or any public or private entity, advanced
telecommunications capability or any service that utilizes the
advanced telecommunications capability provided by such
provider.
``(2) Antidiscrimination safeguards.--
``(A) Public providers.--To the extent any public
provider regulates competing private providers of
advanced telecommunications capability or services that
utilize advanced telecommunications capability, such
public provider shall apply its ordinances and rules
without discrimination in favor of itself or any
provider that it owns of services that utilize advanced
telecommunications capability.
``(B) Public-private partnership providers.--To the
extent any State or local entity that is part of a
public-private partnership provider regulates competing
private providers of advanced telecommunications
capability or services that utilize advanced
telecommunications capability, such State or local
entity shall apply its ordinances and rules without
discrimination in favor of such public-private
partnership provider or any provider that such State or
local entity or public-private partnership provider
owns of services that utilize advanced
telecommunications capability.
``(3) Savings clause.--Nothing in this subsection shall
exempt a public provider, public-private partnership provider,
or cooperatively organized provider from any Federal or State
telecommunications law or regulation that applies to all
providers of advanced telecommunications capability or services
that utilize such advanced telecommunications capability.'';
and
(2) in subsection (e), as redesignated--
(A) in the matter preceding paragraph (1), by
striking ``this subsection'' and inserting ``this
section'';
(B) by redesignating paragraph (2) as paragraph
(3);
(C) by inserting after paragraph (1) the following:
``(2) Cooperatively organized provider.--The term
`cooperatively organized provider' means an entity that is
treated as a cooperative under Federal tax law and that
provides advanced telecommunications capability, or any service
that utilizes such advanced telecommunications capability, to
any person or public or private entity.''; and
(D) by adding at the end the following:
``(4) Public provider.--The term `public provider' means a
State or local entity that provides advanced telecommunications
capability, or any service that utilizes such advanced
telecommunications capability, to any person or public or
private entity.
``(5) Public-private partnership provider.--The term
`public-private partnership provider' means a public-private
partnership, between a State or local entity and a private
entity, that provides advanced telecommunications capability,
or any service that utilizes such advanced telecommunications
capability, to any person or public or private entity.
``(6) State or local entity.--The term `State or local
entity' means a State or political subdivision thereof, any
agency, authority, or instrumentality of a State or political
subdivision thereof, or an Indian Tribe (as defined in section
4(e) of the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 5304(e))).''.
Subtitle E--Next Generation 9-1-1
SEC. 15001. FURTHER DEPLOYMENT OF NEXT GENERATION 9-1-1.
(a) Findings.--Congress finds the following:
(1) The 9-1-1 systems of the United States, while a model
for the entire world, lack the advanced functionality,
interoperability, reliability, and capabilities that come with
the adoption of new digital communications technologies.
(2) Communications technologies currently available to the
public, including first responders and other public safety
personnel, have substantially outpaced the legacy
communications technologies still used by most emergency
communications centers in the 9-1-1 systems of the United
States.
(3) This lack of modern technology, when coupled with other
challenges, is impacting the ability of the 9-1-1 systems of
the United States to efficiently and effectively provide
responses to emergencies.
(4) Modernizing the 9-1-1 systems of the United States to
incorporate the new and evolving capabilities of broadband
voice and data communications is essential for the safety and
security of the public, including first responders and other
public safety personnel.
(5) Efforts to modernize the 9-1-1 systems of the United
States to date, while laudable and important, have been limited
due to a lack of funding and inconsistent or unclear policies
related to the governance, deployment, and operations of Next
Generation 9-1-1.
(6) A nationwide strategy for Next Generation 9-1-1 has
become essential to help guide the transition and create a
common framework for implementation of Next Generation 9-1-1
while preserving State, regional, and local control over the
governance and technology choices of the 9-1-1 systems of the
United States.
(7) Accelerated implementation of Next Generation 9-1-1
will--
(A) increase compatibility with emerging
communications trends;
(B) enhance the flexibility, reliability, and
survivability of the 9-1-1 systems of the United States
during major incidents;
(C) improve emergency response for the public,
including first responders and other public safety
personnel;
(D) promote the interoperability of the 9-1-1
systems of the United States with emergency response
providers including users of the Nationwide Public
Safety Broadband Network being deployed by the First
Responder Network Authority; and
(E) increase the cost effectiveness of operating
the 9-1-1 systems of the United States.
(b) 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.
(c) 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 and
reliable;
(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.
(d) Coordination of Next Generation 9-1-1 Implementation.--Part C
of title I of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following:
``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
``(a) Additional Functions of 9-1-1 Implementation Coordination
Office.--
``(1) Authority.--The Office shall implement the provisions
of this section.
``(2) Management plan.--
``(A) Development.--The Assistant Secretary and the
Administrator shall develop and may modify a management
plan for the grant program established under this
section, including by developing--
``(i) plans related to the organizational
structure of such program; and
``(ii) funding profiles for each fiscal
year of the duration of such program.
``(B) Submission to congress.--Not later than 90
days after the date of the enactment of this section or
90 days after the date on which the plan is modified,
as applicable, the Assistant Secretary and the
Administrator shall submit the management plan
developed or modified, as applicable, 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)(2)(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)(2)(A)(iii);
``(D) provide technical assistance to grantees in
support of efforts to explore efficiencies related to
Next Generation 9-1-1 functions;
``(E) receive, review, and recommend the approval
or disapproval of applications for grants under
subsection (b); and
``(F) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(4) Annual reports.--Not later than October 1 of each
year, the Assistant Secretary and the Administrator shall
submit to Congress a report on the activities of the Office to
meet the requirements described under paragraph (3) for the
previous year.
``(5) Nationwide next generation 9-1-1 security operations
center.--
``(A) Establishment.--There is established within
the Office the Nationwide Next Generation 9-1-1
Security Operations Center.
``(B) Organization.--The Office shall consider the
recommendations of the Next Generation 9-1-1 Advisory
Board established under section 160 in selecting the
appropriate personnel to best fulfill the Center's
mission.
``(C) Mission.--The Center shall--
``(i) serve as a centralized emergency
communications cybersecurity center that has
the ability to provide integrated intrusion,
detection and prevention services at multiple
levels and layers, in support of local
operations;
``(ii) provide forensic data to cyber
responders and investigators in the event of an
incident;
``(iii) activate pre-planned mitigation
measures as agreed upon with emergency
communications centers and as appropriate
during a cyber incident;
``(iv) assist application vendors and third
parties with a public safety mission, such as
mental health hotlines, telehealth providers,
vehicle telematics provider, and alarm
companies, in ensuring secure connectivity and
providing vetted and secure services; and
``(v) assist Federal, State, and local law
enforcement in identifying cyber criminals
whether located in the United States or
internationally.
``(b) Next Generation 9-1-1 Implementation Grants.--
``(1) 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 if--
``(i) the cost related to the training does
not exceed 3 percent of the total grant award,
or up to 5 percent of the total grant award if
sufficiently justified to the Office; and
``(ii) permissible costs may include--
``(I) actual wages incurred for
travel and attendance, including any
necessary overtime pay and backfill
wage;
``(II) travel expenses;
``(III) instructor expenses; and
``(IV) facility costs and training
materials;
``(D) public outreach and education on how best to
use Next Generation 9-1-1 and the capabilities and
usefulness of Next Generation 9-1-1; and
``(E) administrative cost associated with planning
and implementation of Next Generation 9-1-1, including
any cost related to planning for and preparing an
application and related materials as required by this
subsection, if--
``(i) the cost is fully documented in
materials submitted to the Office; and
``(ii) the cost is reasonable, necessary,
and does not exceed 1 percent of the total
grant award for an eligible entity and 1
percent of the total grant award for an
emergency communications center.
``(2) Coordination required.--In providing grants under
paragraph (1), the Assistant Secretary and the Administrator,
acting through the Office, shall require an eligible entity to
certify in the 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 the 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 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) ensures reliable operations;
``(III) enables emergency
communications centers to process,
analyze, and store multimedia, data,
and other information;
``(IV) incorporates the use of
effective cybersecurity resources;
``(V) uses open and competitive
request for proposal processes,
including through shared government
procurement vehicles, for deployment of
Next Generation 9-1-1;
``(VI) documents how input was
received and accounted for from
relevant rural and urban emergency
communications centers, regional
authorities, local authorities, and
Tribal authorities;
``(VII) 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) ensures full notice
and opportunity for
participation by relevant
stakeholders; and
``(bb) consults and
coordinates with the State
point of contact required by
clause (ii);
``(VIII) creates efficiencies
related to Next Generation 9-1-1
functions, including cybersecurity and
the virtualization and sharing of
infrastructure, equipment, and
services; and
``(IX) that an effective,
competitive approach to establishing
authentication, credentialing, secure
connections, and access is utilized,
including by--
``(aa) requiring
certificate authorities to be
capable of cross-certification
with other authorities;
``(bb) avoiding risk of a
single point of failure or
vulnerability; and
``(cc) adhering to Federal
agency best practices such as
those promulgated by the
National Institute of Standards
and Technology; and
``(B) in the case of an eligible entity that is a
Tribal Organization, the Tribal Organization has
complied with clauses (i) and (iii) of subparagraph
(A), and the State in which the Tribal Organization is
located has complied with clause (ii) of such
subparagraph.
``(3) Criteria.--
``(A) In general.--Not later than 9 months after
the date of the 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 subsection.
``(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 subsection; 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.
``(4) Grant certifications.--Each applicant for a grant
under this subsection 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 reliability and, by requiring the use of
commonly accepted standards, interoperability;
``(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 and effective
cybersecurity resources 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.
``(5) Condition of grant.--Each applicant for a grant under
this subsection 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 (4), all of the funds from such grant shall be
returned to the Office.
``(6) 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.
``(7) Prohibition.--Grants provided under this subsection
may not 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.
``(8) Funding and termination.--In addition to any funds
authorized for grants under section 158, there is authorized to
be appropriated $15,000,000,000 for fiscal years 2022 through
2026, of which $24,000,000 may be used by the Office for
reasonable and necessary administrative costs associated with
the grant program and to establish the Nationwide Next
Generation 9-1-1 Security Operations Center under subsection
(a)(5).
``(c) Definitions.--In this section and section 160:
``(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) Administrator.--The term `Administrator' means the
Administrator of the National Highway Traffic Safety
Administration.
``(3) Commonly accepted standards.--The term `commonly
accepted standards' means the technical standards followed by
the communications industry for network, device, and Internet
Protocol connectivity that enable interoperability, including
but not limited to--
``(A) 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 approved by the American National
Standards Institute (ANSI) that meet the definition of
interoperable within this section.
``(4) 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 (as defined in section 158(e)), or Next
Generation 9-1-1.
``(5) Eligible entity.--The term `eligible entity'--
``(A) means a State or a Tribal organization (as
defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304));
``(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 the certifications required under subsection
(b)(4).
``(6) 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.
``(7) Emergency response provider.--The term `emergency
response provider' has the meaning given that term under
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
``(8) 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 without the need for proprietary interfaces and
regardless of jurisdiction, equipment, device, software,
service provider, or other relevant factors.
``(9) Nationwide.--The term `nationwide' means each State
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.
``(10) 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).
``(11) 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.
``(12) Office.--The term `Office' means the Next Generation
9-1-1 Implementation Coordination Office established under
section 158.
``(13) Reliability.--The term `reliability' or `reliable'
means the employment of sufficient measures to ensure the
ongoing operation of Next Generation 9-1-1 including through
the use of geo-diverse, device- and network-agnostic elements
that provide more than one physical route between end points
with no common points where a single failure at that point
would cause all to fail.
``(14) 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.
``(15) 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. 160. ESTABLISHMENT OF NEXT GENERATION 9-1-1 ADVISORY BOARD.
``(a) Establishment.--The Assistant Secretary and Administrator,
acting through the Office, shall establish a `Next Generation 9-1-1
Advisory Board' (in this section referred to as the `Board') to advise
the Office in carrying out its duties and responsibilities under this
section and section 159.
``(b) Membership.--
``(1) Voting members.--Not later than 30 days after the
date of enactment of this section, the Assistant Secretary and
Administrator, acting through the Office, shall appoint 16
public safety members to the Board, of which--
``(A) 4 members shall be representative of local
law enforcement officials;
``(B) 4 members shall be representative of fire and
rescue officials;
``(C) 4 members shall be representative of
emergency medical service officials; and
``(D) 4 members shall be representative of 9-1-1
professionals.
``(2) Diversity of membership.--Members shall be
representatives of State and local governments, chosen to
reflect geographic and population density differences as well
as public safety organizations at the national level across the
United States.
``(3) Expertise.--All members shall have specific expertise
necessary for developing technical requirements under this
section, such as technical expertise, and public safety
communications and 9-1-1 expertise.
``(4) Rank and file members.--A rank and file member from
each of the public safety disciplines listed in subparagraphs
(A), (B), and (C), of paragraph (1) shall be appointed as a
voting member of the Board and shall be selected from an
organization that represents their public safety discipline at
the national level.
``(c) Period of Appointment.--
``(1) In general.--Except as provided in paragraph (2),
members of the Board shall be appointed for the life of the
Board.
``(2) Removal for cause.--A member of the Board may be
removed for cause upon the determination of the Assistant
Secretary and Administrator.
``(d) Vacancies.--Any vacancy in the Board shall be filled in the
same manner as the original appointment.
``(e) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(f) Chairperson and Vice Chairperson.--The Board shall select a
Chairperson and Vice Chairperson from among the voting members of the
Board.
``(g) Duties of the Board.--Not later than 120 days after the date
of the enactment of this section, the Board shall submit to the Office
recommendations concerning:
``(1) the importance of deploying Next Generation 9-1-1 in
rural and urban areas;
``(2) the importance of ensuring flexibility in guidance,
rules, and grant funding to allow for technology improvements;
``(3) the value of creating efficiencies related to Next
Generation 9-1-1 functions, including cybersecurity and the
virtualization and sharing of core infrastructure;
``(4) the value of enabling effective coordination among
State, local, Tribal, and territorial government entities to
ensure that the needs of emergency communications centers in
both rural and urban areas are taken into account in each plan
for the coordination and implementation of Next Generation 9-1-
1; and
``(5) the relevance of existing cybersecurity resources to
Next Generation 9-1-1 procurement and deployment.
``(h) Consideration by the Office.--The Office shall consider the
recommendations of the Board as the Office carries out the
responsibilities of the Office under this section.
``(i) Exemption From FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Board.
``(j) Duration of Authority.--The Board shall remain in place
throughout the period that grant funds are authorized under section
159(b)(1) to provide additional advice from time to time to the
Office.''.
(e) Savings Provision.--Nothing in this section or any amendment
made by this section 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) before the
date of the enactment of this section.
TITLE II--DRINKING WATER INFRASTRUCTURE
SEC. 20001. DRINKING WATER SRF FUNDING.
(a) Funding.--
(1) State revolving loan funds.--Section 1452(m)(1) of the
Safe Drinking Water Act (42 U.S.C. 300j-12(m)(1)) is amended--
(A) in subparagraph (B), by striking ``and'';
(B) in subparagraph (C), by striking ``2021.'' and
inserting ``2021;''; and
(C) 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
through 2026.''.
(2) 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
``2026''.
(3) 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 ``and
2021'' and inserting ``through 2026''.
(4) 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 ``2026''.
(5) 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 ``and 2021'' and inserting ``through 2026''.
(b) 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. 20002. DRINKING WATER SYSTEM RESILIENCE FUNDING.
Section 1433(g)(6) of the Safe Drinking Water Act (42 U.S.C. 300i-
2(g)(6)) is amended--
(1) by striking ``25,000,000'' and inserting
``50,000,000''; and
(2) by striking ``2020 and 2021'' and inserting ``2022
through 2026''.
SEC. 20003. PFAS TREATMENT GRANTS.
(a) Establishment of PFAS Infrastructure Grant Program.--Part E of
the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is amended by
adding at the end the following new section:
``SEC. 1459E. ASSISTANCE FOR COMMUNITY WATER SYSTEMS AFFECTED BY PFAS.
``(a) Establishment.--Not later than 180 days after the date of
enactment of this section, the Administrator shall establish a program
to award grants to affected community water systems to pay for capital
costs associated with the implementation of eligible treatment
technologies.
``(b) Applications.--
``(1) Guidance.--Not later than 12 months after the date of
enactment of this section, the Administrator shall publish
guidance describing the form and timing for community water
systems to apply for grants under this section.
``(2) Required information.--The Administrator shall
require a community water system applying for a grant under
this section to submit--
``(A) information showing the presence of PFAS in
water of the community water system; and
``(B) a certification that the treatment technology
in use by the community water system at the time of
application is not sufficient to remove all detectable
amounts of PFAS.
``(c) List of Eligible Treatment Technologies.--Not later than 150
days after the date of enactment of this section, and every 2 years
thereafter, the Administrator shall publish a list of treatment
technologies that the Administrator determines are effective at
removing all detectable amounts of PFAS from drinking water.
``(d) Priority for Funding.--In awarding grants under this section,
the Administrator shall prioritize affected community water systems
that--
``(1) serve a disadvantaged community;
``(2) will provide at least a 10-percent cost share for the
cost of implementing an eligible treatment technology; or
``(3) demonstrate the capacity to maintain the eligible
treatment technology to be implemented using the grant.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section not more than $500,000,000 for each
of the fiscal years 2022 through 2026.
``(2) Special rule.--Of the amounts authorized to be
appropriated by paragraph (1), $25,000,000 are authorized to be
appropriated for each of fiscal years 2022 and 2023 for grants
under subsection (a) to pay for capital costs associated with
the implementation of eligible treatment technologies during
the period beginning on October 1, 2014, and ending on the date
of enactment of this section.
``(f) Definitions.--In this section:
``(1) Affected community water system.--The term `affected
community water system' means a community water system that is
affected by the presence of PFAS in the water in the community
water system.
``(2) Disadvantaged community.--The term `disadvantaged
community' has the meaning given that term in section 1452.
``(3) Eligible treatment technology.--The term `eligible
treatment technology' means a treatment technology included on
the list published under subsection (c).''.
(b) 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.''.
SEC. 20004. LEAD SERVICE LINE REPLACEMENT.
(a) In General.--Section 1452 of the Safe Drinking Water Act (42
U.S.C. 300j-12) is amended by adding at the end the following:
``(u) Lead Service Line Replacement.--
``(1) In general.--In addition to the capitalization grants
to eligible States under subsection (a)(1), the Administrator
shall offer to enter into agreements with eligible States,
Indian Tribes, and the territories described in subsection (j)
to make capitalization grants, including letters of credit, to
such States, Indian Tribes, and territories under this
subsection to fund the replacement of lead service lines.
``(2) Allotments.--
``(A) States.--Funds made available under this
subsection shall be allotted and reallotted to the
extent practicable, to States as if allotted or
reallotted under subsection (a)(1) as a capitalization
grant under such subsection.
``(B) Indian tribes.--The Administrator shall set
aside 1\1/2\ percent of the amounts made available each
fiscal year to carry out this subsection to make grants
to Indian Tribes.
``(C) Other areas.--The funds made available under
this subsection shall be allotted to territories
described in subsection (j) in accordance with such
subsection.
``(3) Priority.--Each State that has entered into a
capitalization agreement pursuant to this section shall
annually prepare a plan that identifies the intended uses of
the amounts made available pursuant to this subsection, which
shall--
``(A) comply with the requirements of subsection
(b)(2); and
``(B) provide, to the maximum extent practicable,
that priority for the use of funds be given to projects
that replace lead service lines serving disadvantaged
communities and environmental justice communities.
``(4) American made iron and steel and prevailing wages.--
The requirements of paragraphs (4) and (5) of subsection (a)
shall apply to any project carried out in whole or in part with
funds made available under this subsection.
``(5) Limitation.--
``(A) Prohibition on partial line replacement.--
None of the funds made available under this subsection
may be used for partial lead service line replacement
if, at the conclusion of the service line replacement,
drinking water is delivered to a household, or to a
property under the jurisdiction of a local educational
agency, through a publicly or privately owned portion
of a lead service line.
``(B) No homeowner contribution.--Any recipient of
funds made available under this subsection shall offer
to replace any privately owned portion of the lead
service line at no cost to the private owner.
``(6) State contribution.--Notwithstanding subsection (e),
agreements under paragraph (1) shall not require that the State
deposit in the State loan fund from State moneys any
contribution before receiving funds pursuant to this
subsection.
``(7) Authorization of appropriations.--
``(A) In general.--There are authorized to be
appropriated to carry out this subsection
$4,500,000,000 for each of fiscal years 2022 through
2026. Such sums shall remain available until expended.
``(B) Additional amounts.--To the extent amounts
authorized to be appropriated under this subsection in
any fiscal year are not appropriated in that fiscal
year, such amounts are authorized to be appropriated in
a subsequent fiscal year. Such sums shall remain
available until expended.
``(8) Definitions.--For purposes of this subsection:
``(A) Disadvantaged community.--The term
`disadvantaged community' has the meaning given such
term in subsection (d)(3).
``(B) Environmental justice community.--The term
`environmental justice community' means any population
of color, community of color, indigenous community, or
low-income community that experiences a
disproportionate burden of the negative human health
and environmental impacts of pollution or other
environmental hazards.
``(C) Lead service line.--The term `lead service
line' means a pipe and its fittings, which are not lead
free (as defined in section 1417(d)), that connect the
drinking water main to the building inlet.''.
(b) Conforming Amendment.--Section 1452(m)(1) of the Safe Drinking
Water Act (42 U.S.C. 300j-12(m)(1)) is amended by striking ``(a)(2)(G)
and (t)'' and inserting ``(a)(2)(G), (t), and (u)''.
SEC. 20005. ASSISTANCE FOR AREAS AFFECTED BY NATURAL DISASTERS.
Section 2020 of America's Water Infrastructure Act of 2018 (Public
Law 115-270) is amended--
(1) in subsection (b)(1), by striking ``subsection (e)(1)''
and inserting ``subsection (f)(1)'';
(2) by redesignating subsections (c) through (e) as
subsections (d) through (f), respectively;
(3) by inserting after subsection (b) the following:
``(c) Assistance for Territories.--The Administrator may use funds
made available under subsection (f)(1) to make grants to Guam, the
Virgin Islands, American Samoa, and the Northern Mariana Islands for
the purposes of providing assistance to eligible systems to restore or
increase compliance with national primary drinking water
regulations.''; and
(4) in subsection (f), as so redesignated--
(A) in the heading, by striking ``State Revolving
Fund Capitalization''; and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by inserting ``and to make grants under
subsection (c) of this section,'' before ``to
be available''; and
(ii) in subparagraph (A), by inserting ``or
subsection (c), as applicable'' after
``subsection (b)(1)''.
SEC. 20006. 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''.
TITLE III--CLEAN ENERGY INFRASTRUCTURE
Subtitle A--Grid Security and Modernization
SEC. 31001. 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 charging infrastructure,
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 2022 through 2026, to remain
available until expended.
SEC. 31002. STRATEGIC TRANSFORMER RESERVE PROGRAM.
(a) Establishment.--The Secretary of Energy shall establish a
program to reduce the vulnerability of the electric grid to physical
attack, cyber attack, electromagnetic pulse, geomagnetic disturbances,
severe weather, climate change, and seismic events, including by--
(1) ensuring that large power transformers, generator step-
up transformers, and other critical electric grid equipment are
strategically located to ensure timely replacement of such
equipment as may be necessary to restore electric grid function
rapidly in the event of severe damage to the electric grid due
to physical attack, cyber attack, electromagnetic pulse,
geomagnetic disturbances, severe weather, climate change, or
seismic events; and
(2) establishing a coordinated plan to facilitate
transportation of large power transformers and other critical
electric grid equipment.
(b) Transformer Resilience and Advanced Components Program.--The
program established under subsection (a) shall include implementation
of the Transformer Resilience and Advanced Components program to--
(1) improve large power transformers and other critical
electric grid equipment by reducing their vulnerabilities; and
(2) develop, test, and deploy innovative equipment designs
that are more flexible and offer greater resiliency of electric
grid functions.
(c) Strategic Equipment Reserves.--
(1) Authorization.--In carrying out the program established
under subsection (a), the Secretary may establish one or more
federally owned strategic equipment reserves, as appropriate,
to ensure nationwide access to reserve equipment.
(2) Consideration.--In establishing any federally owned
strategic equipment reserve, the Secretary may consider
existing spare transformer and equipment programs and
requirements established by the private sector, regional
transmission operators, independent system operators, and State
regulatory authorities.
(d) Consultation.--The program established under subsection (a)
shall be carried out in consultation with the Federal Energy Regulatory
Commission, the Electricity Subsector Coordinating Council, the
Electric Reliability Organization, and owners and operators of critical
electric infrastructure and defense and military installations.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $75,000,000 for each of fiscal
years 2022 through 2026.
Subtitle B--Energy Efficient Infrastructure
PART 1--EFFICIENCY GRANTS FOR STATE AND LOCAL GOVERNMENTS
SEC. 32101. 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 (1), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(4) 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 2022 through 2026''.
SEC. 32102. 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 of the Energy Independence and
Security Act of 2007 (42 U.S.C. 17154) is amended--
(1) by amending paragraph (9) 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;'';
(2) in paragraph (13)(D), by striking ``and'';
(3) by redesignating paragraph (14) as paragraph (15); and
(4) by adding after paragraph (13) the following:
``(14) programs for financing energy efficiency, renewable
energy, and zero-emission transportation (and associated
infrastructure) capital investments, projects, and programs--
``(A) which may include loan programs and
performance contracting programs for leveraging of
additional public and private sector funds, and
programs which allow rebates, grants, or other
incentives for the purchase and installation of energy
efficiency, renewable energy, and zero-emission
transportation (and associated infrastructure)
measures; or
``(B) in addition to or in lieu of programs
described in subparagraph (A), which may be used in
connection with public or nonprofit buildings owned and
operated by a State, a political subdivision of a State
or an agency or instrumentality of a State, or an
organization exempt from taxation under section
501(c)(3) of title 26, United States Code; and''.
(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 for the provision of grants under the program
$3,500,000,000 for each of fiscal years 2022 through 2026.
``(2) Administrative costs.--There is authorized to be
appropriated to the Secretary for administrative expenses of
the program $35,000,000 for each of fiscal years 2022 through
2026.''.
(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)''.
PART 2--ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES
SEC. 32201. 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 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 2022 through 2026.
PART 3--HOPE FOR HOMES
SEC. 32301. DEFINITIONS.
In this part:
(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 manufactured home (as
such term is defined in section 603 of the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5402)), or 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 32321.
(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 32313.
(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 32312(a).
(11) HOPE training supplemental credit.--The term ``HOPE
training supplemental credit'' means a credit described in
section 32312(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 32323 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 32323 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) Multifamily building.--The term ``multifamily
building'' means a structure with 5 or more tenant-occupied
residential 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.
(17) Multifamily building owner.--The term ``multifamily
building owner'' means the owner of a tenant-occupied
multifamily building.
(18) Partial system rebate.--The term ``partial system
rebate'' means a rebate provided in accordance with section
32322.
(19) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(20) 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.
(21) 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).
Subpart A--HOPE Training
SEC. 32311. 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 32312 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 subpart.
SEC. 32312. 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, including energy
audits and assessments relevant to multifamily
buildings;
(C) home and multifamily building 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 Wi-Fi-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. 32313. 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 32312; and
(B) a HOPE training supplemental credit to any
individual that completes a course that meets the
applicable criteria under section 32312.
(2) Other entities.--The Secretary may authorize a State
energy office implementing an authorized program under
subsection (b)(2), an organization described in section
32314(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 3 HOPE training credits, of which at least 2 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 subpart.
SEC. 32314. 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 32312.
(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 32313(b).
SEC. 32315. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subpart
$500,000,000 for the period of fiscal years 2022 through 2026, to
remain available until expended.
Subpart B--Home Energy Savings Retrofit Rebate Program
SEC. 32321. 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 32322; and
(2) provide grants to States to carry out programs to
provide rebates in accordance with section 32323.
SEC. 32322. 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 or multifamily building owner a rebate, to be known as a
partial system rebate, of, except as provided in section 32324, up to--
(1) $800 for the purchase and installation of insulation
and air sealing within a home of the homeowner or the household
living in a multifamily building; and
(2) $1,500 for the purchase and installation of insulation
and air sealing within a home of the homeowner or the household
living in a multifamily building 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 32324,
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 of a homeowner or household
living in a multifamily building 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
32326(b) authorizing the contractor access to information in
the utility bills of the homeowner or the applicable
multifamily building owner has signed and submitted an
agreement with the contractor to provide whole-building
aggregate information about the building's energy use; and
(3) the contractor inputs, into the Department of Energy's
Building Performance Database--
(A) the energy usage for the home of a homeowner or
for the household living in a multifamily building 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 or multifamily
building owner 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 and
multifamily building owners 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 or multifamily
building owner 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 subpart 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. 32323. 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
32322, 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
32324, 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
32324, 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
32324, 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
32324, 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. 32324. SPECIAL PROVISIONS FOR MODERATE INCOME HOUSEHOLDS.
(a) Certifications.--The Secretary shall establish procedures for
certifying that the household of a homeowner or that, in the case of a
multifamily building, the majority of households in the building is
moderate income for purposes of this section.
(b) Percentages.--Subject to subsection (c), for households that
are certified pursuant to the procedures established under subsection
(a) as moderate income the--
(1) amount of a partial system rebate under section 32322
shall not exceed 60 percent of the applicable purchase and
installation costs described in section 32322(b)(1); and
(2) amount of--
(A) a modeled performance rebate under section
32323 provided shall be equal to 80 percent of the
applicable costs described in section 32323(d)(2)(A);
and
(B) a measured performance rebate under section
32323 provided shall be equal to 80 percent of the
applicable costs described in section 32323(e)(2)(A).
(c) Maximum Amounts.--For households 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 32322(a)(1) for the purchase and
installation of insulation and air sealing within a
home of the homeowner or the household living in a
multifamily building shall be $1,600; and
(B) under section 32322(a)(2) for the purchase and
installation of insulation and air sealing within a
home of the homeowner or the household living in a
multifamily building 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 32323 for
an energy audit and home energy efficiency retrofit that is
projected to reduce home energy use as described in--
(A) section 32323(d)(2)(B)(i) shall be $4,000; and
(B) section 32323(d)(2)(B)(ii) shall be $8,000; and
(3) of a measured performance rebate under section 32323
for a home energy efficiency retrofit that reduces home energy
use as described in--
(A) section 32323(e)(2)(B)(i) shall be $4,000; and
(B) section 32323(e)(2)(B)(ii) shall be $8,000.
(d) Outreach.--The Secretary shall establish procedures to--
(1) provide information to households of homeowners or
multifamily building owners 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 and owners, as applicable, to
such other programs and resources.
SEC. 32325. 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
subpart.
(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 subpart; and
(6) any other information the Secretary considers
appropriate.
SEC. 32326. 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 subpart.
(b) Information Collection.--The Secretary shall establish, and
make available to a homeowner, or the homeowner's designated
representative, seeking a rebate under this subpart, 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. 32327. TREATMENT OF REBATES.
For purposes of the Internal Revenue Code of 1986, gross income
shall not include any rebate received under this subpart.
SEC. 32328. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary to carry out this subpart $1,200,000,000 for each of fiscal
years 2022 through 2026, 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 subpart, taking into account any factors that the
Secretary determines to be appropriate.
Subpart C--General Provisions
SEC. 32331. 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 part.
SEC. 32332. MAINTENANCE OF FUNDING.
Each State receiving Federal funds pursuant to this part shall
provide reasonable assurances to the Secretary that it has established
policies and procedures designed to ensure that Federal funds provided
under this part will be used to supplement, and not to supplant, State
and local funds.
PART 4--ENERGY AND WATER PERFORMANCE AT FEDERAL FACILITIES
SEC. 32401. ENERGY AND WATER PERFORMANCE REQUIREMENT FOR FEDERAL
FACILITIES.
Section 543 of the National Energy Conservation Policy Act (42
U.S.C. 8253) is amended--
(1) 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.'';
(2) in subsection (c)--
(A) in paragraph (1), by striking ``Federal
building or collection of Federal buildings'' each
place it appears and inserting ``Federal facility'';
(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 Leading Infrastructure For Tomorrow's
America 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.'';
(3) in subsection (d)(2), by striking ``buildings'' and
inserting ``facilities'';
(4) in subsection (e)--
(A) 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.'';
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``paragraph (1).'' and inserting ``paragraph
(1)(A). Not later than 180 days after the date
of enactment of the Leading Infrastructure For
Tomorrow's America 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 (iii), by striking
``buildings'' and inserting
``facilities''; and
(III) in clause (iv), by striking
``building'' and inserting
``facility''; and
(C) in paragraph (4)(B), by striking ``buildings''
each place it appears and inserting ``facilities'';
(5) 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''; and
(C) 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 Leading Infrastructure For
Tomorrow's America Act''; and
(6) in subsection (g)(1)--
(A) by striking ``building'' and inserting
``facility''; and
(B) by striking ``energy efficient'' and inserting
``energy and water efficient''.
PART 5--OPEN BACK BETTER
SEC. 32501. 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 any population of
color, community of color, indigenous community, or low-income
community that experiences a disproportionate burden of the
negative human health and environmental impacts of pollution or
other environmental hazards.
(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'' means an annual
household income equal to, or less than, the greater of--
(A) 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
(B) 200 percent of the Federal poverty line.
(9) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with 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 under 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;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and Labor 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 $3,600,000,000
to carry out this subsection for each of fiscal years 2022
through 2026, to remain available until expended.
(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.--Not later than 60 days after the date of
enactment of this Act, the Secretary shall use the funds
appropriated under paragraph (4) to provide grants under the
AFFECT program under the Federal Energy Management Program of
the Department of Energy to implement covered projects.
(2) Private financing.--A recipient of a grant under
paragraph (1) shall--
(A) to the extent practicable, leverage private
financing for cost-effective energy efficiency,
renewable energy, resiliency, and other smart-building
improvements, such as by entering into an energy
service performance contract; but
(B) maintain the use of grant funds to carry out
covered projects with more project resiliency, public
health, and capital-intensive efficiency and emission
reduction components than are typically available
through private energy service performance contracts.
(3) Report.--Not later than 1 year after the date on which
grants are distributed under paragraph (1), and each year
thereafter until the funds appropriated under 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;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and Labor 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;
(D) the Committee on Energy and Commerce of the
House of Representatives; and
(E) the Committee on Education and Labor 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. 32502. PERSONNEL.
(a) In General.--To carry out section 32501, the Secretary of
Energy 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 2022 through 2026.
(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;
(4) the Committee on Energy and Commerce of the House of
Representatives; and
(5) the Committee on Education and Labor of the House of
Representatives.
Subtitle C--Energy Supply Infrastructure
SEC. 33001. 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 to--
(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 2022 through 2026, 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 2022 through 2026, to remain available until
expended.
(2) Amounts for planning projects.--Of the amounts
appropriated pursuant to this section over the period of fiscal
years 2022 through 2026, 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.
SEC. 33002. 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 infrastructure replacement, repair, and
maintenance programs that are approved by the rate-setting entity and
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 to carry out this section $250,000,000 in
each of fiscal years 2022 through 2026.
SEC. 33003. DISTRIBUTED ENERGY RESOURCES.
(a) Definitions.--In this section:
(1) Combined heat and power system.--The term ``combined
heat and power system'' means generation of electric energy and
heat in a single, integrated system that meets the efficiency
criteria in clauses (ii) and (iii) of section 48(c)(3)(A) of
the Internal Revenue Code of 1986, under which heat that is
conventionally rejected is recovered and used to meet thermal
energy requirements.
(2) Demand response.--The term ``demand response'' means
changes in electric usage by electric utility customers from
the normal consumption patterns of the customers in response
to--
(A) changes in the price of electricity over time;
or
(B) incentive payments designed to induce lower
electricity use at times of high wholesale market
prices or when system reliability is jeopardized.
(3) Distributed energy.--The term ``distributed energy''
means energy sources and systems that--
(A) produce electric or thermal energy close to the
point of use using renewable energy resources or waste
thermal energy;
(B) generate electricity using a combined heat and
power system;
(C) distribute electricity in microgrids;
(D) store electric or thermal energy; or
(E) distribute thermal energy or transfer thermal
energy to building heating and cooling systems through
a district energy system.
(4) District energy system.--The term ``district energy
system'' means a system that provides thermal energy to
buildings and other energy consumers from one or more plants to
individual buildings to provide space heating, air
conditioning, domestic hot water, industrial process energy,
and other end uses.
(5) Islanding.--The term ``islanding'' means a distributed
generator or energy storage device continuing to power a
location in the absence of electric power from the primary
source.
(6) Loan.--The term ``loan'' has the meaning given the term
``direct loan'' in section 502 of the Federal Credit Reform Act
of 1990 (2 U.S.C. 661a).
(7) Microgrid.--The term ``microgrid'' means an integrated
energy system consisting of interconnected 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 grid; and
(B) can connect and disconnect from the grid to
operate in both grid-connected mode and island mode.
(8) Renewable energy resource.--The term ``renewable energy
resource'' includes--
(A) biomass;
(B) geothermal energy;
(C) hydropower;
(D) landfill gas;
(E) municipal solid waste;
(F) ocean (including tidal, wave, current, and
thermal) energy;
(G) organic waste;
(H) photosynthetic processes;
(I) photovoltaic energy;
(J) solar energy; and
(K) wind.
(9) Renewable thermal energy.--The term ``renewable thermal
energy'' means heating or cooling energy derived from a
renewable energy resource.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(11) Thermal energy.--The term ``thermal energy'' means--
(A) heating energy in the form of hot water or
steam that is used to provide space heating, domestic
hot water, or process heat; or
(B) cooling energy in the form of chilled water,
ice, or other media that is used to provide air
conditioning, or process cooling.
(12) Waste thermal energy.--The term ``waste thermal
energy'' means energy that--
(A) is contained in--
(i) exhaust gases, exhaust steam, condenser
water, jacket cooling heat, or lubricating oil
in power generation systems;
(ii) exhaust heat, hot liquids, or flared
gas from any industrial process;
(iii) waste gas or industrial tail gas that
would otherwise be flared, incinerated, or
vented;
(iv) a pressure drop in any gas, excluding
any pressure drop to a condenser that
subsequently vents the resulting heat;
(v) condenser water from chilled water or
refrigeration plants; or
(vi) any other form of waste energy, as
determined by the Secretary; and
(B)(i) in the case of an existing facility, is not
being used; or
(ii) in the case of a new facility, is not
conventionally used in comparable systems.
(b) Distributed Energy Loan Program.--
(1) Loan program.--
(A) In general.--Subject to the provisions of this
paragraph and paragraphs (2) and (3), the Secretary
shall establish a program to provide to eligible
entities--
(i) loans for the deployment of distributed
energy systems in a specific project; and
(ii) loans to provide funding for programs
to finance the deployment of multiple
distributed energy systems through a revolving
loan fund, credit enhancement program, or other
financial assistance program.
(B) Eligibility.--Entities eligible to receive a
loan under subparagraph (A) include--
(i) a State, territory, or possession of
the United States;
(ii) a State energy office;
(iii) a tribal organization (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304));
(iv) an institution of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)); and
(v) an electric utility, including--
(I) a rural electric cooperative;
(II) a municipally owned electric
utility; and
(III) an investor-owned utility.
(C) Selection requirements.--In selecting eligible
entities to receive loans under this subsection, the
Secretary shall, to the maximum extent practicable,
ensure--
(i) regional diversity among eligible
entities to receive loans under this section,
including participation by rural States and
small States; and
(ii) that specific projects selected for
loans--
(I) expand on the existing
technology deployment program of the
Department of Energy; and
(II) are designed to achieve one or
more of the objectives described in
subparagraph (D).
(D) Objectives.--Each deployment selected for a
loan under subparagraph (A) shall promote one or more
of the following objectives:
(i) Improved security and resiliency of
energy supply in the event of disruptions
caused by extreme weather events, grid
equipment or software failure, or terrorist
acts.
(ii) Implementation of distributed energy
in order to increase use of local renewable
energy resources and waste thermal energy
sources.
(iii) Enhanced feasibility of microgrids,
demand response, or islanding.
(iv) Enhanced management of peak loads for
consumers and the grid.
(v) Enhanced reliability in rural areas,
including high energy cost rural areas.
(E) Restrictions on use of funds.--Any eligible
entity that receives a loan under subparagraph (A) may
only use the loan to fund programs relating to the
deployment of distributed energy systems.
(2) Loan terms and conditions.--
(A) Terms and conditions.--Notwithstanding any
other provision of law, in providing a loan under this
subsection, the Secretary shall provide the loan on
such terms and conditions as the Secretary determines,
after consultation with the Secretary of the Treasury,
in accordance with this subsection.
(B) Specific appropriation.--No loan shall be made
unless an appropriation for the full amount of the loan
has been specifically provided for that purpose.
(C) Repayment.--No loan shall be made unless the
Secretary determines that there is reasonable prospect
of repayment of the principal and interest by the
borrower of the loan.
(D) Interest rate.--A loan provided under this
section shall bear interest at a fixed rate that is
equal or approximately equal, in the determination of
the Secretary, to the interest rate for Treasury
securities of comparable maturity.
(E) Term.--The term of the loan shall require full
repayment over a period not to exceed the lesser of--
(i) 20 years; or
(ii) 90 percent of the projected useful
life of the physical asset to be financed by
the loan (as determined by the Secretary).
(F) Use of payments.--Payments of principal and
interest on the loan shall--
(i) be retained by the Secretary to support
energy research and development activities; and
(ii) remain available until expended,
subject to such conditions as are contained in
annual appropriations Acts.
(G) No penalty on early repayment.--The Secretary
may not assess any penalty for early repayment of a
loan provided under this subsection.
(H) Return of unused portion.--In order to receive
a loan under this subsection, an eligible entity shall
agree to return to the general fund of the Treasury any
portion of the loan amount that is unused by the
eligible entity within a reasonable period of time
after the date of the disbursement of the loan, as
determined by the Secretary.
(I) 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 loan 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.
(3) Rules and procedures; disbursement of loans.--
(A) Rules and procedures.--Not later than 180 days
after the date of enactment of this Act, the Secretary
shall adopt rules and procedures for carrying out the
loan program under paragraph (1).
(B) Disbursement of loans.--Not later than 1 year
after the date on which the rules and procedures under
subparagraph (A) are established, the Secretary shall
disburse the initial loans provided under this
subsection.
(4) Reports.--Not later than 2 years after the date of
receipt of the loan, and annually thereafter for the term of
the loan, an eligible entity that receives a loan under this
subsection shall submit to the Secretary a report describing
the performance of each program and activity carried out using
the loan, including itemized loan performance data.
(5) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection such sums as
are necessary.
(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, and design distributed energy
systems; and
(ii) to make grants to eligible entities so
that the eligible entities may contract to
obtain technical assistance to identify,
evaluate, plan, and design distributed energy
systems.
(B) Technical assistance.--The technical assistance
described in subparagraph (A) shall include assistance
with one or more of the following activities relating
to distributed energy systems:
(i) Identification of opportunities to use
distributed energy 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.
(C) Information dissemination.--The information
disseminated under subparagraph (A)(i) shall include--
(i) information relating to the topics
described in subparagraph (B), including case
studies of successful examples;
(ii) computer software and databases for
assessment, design, and operation and
maintenance of distributed energy systems; and
(iii) public databases that track the
operation and deployment of existing and
planned distributed energy systems.
(2) Eligibility.--Any nonprofit or for-profit entity shall
be eligible to receive technical assistance and grants under
the program.
(3) 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) facilitating the use of renewable
energy resources;
(ii) strengthening the reliability and
resiliency of energy infrastructure to the
impact of extreme weather events, power grid
failures, and interruptions in supply of fossil
fuels;
(iii) improving the feasibility of
microgrids or islanding, particularly in rural
areas, including high energy cost rural areas;
(iv) minimizing environmental impact,
including regulated air pollutants and
greenhouse gas emissions; and
(v) maximizing local job creation.
(4) 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 the initial
assessment to identify opportunities;
(B) 75 percent of the cost of feasibility studies
to assess the potential for the implementation;
(C) 60 percent of the cost of guidance on
overcoming barriers to implementation, including
financial, contracting, siting, and permitting issues;
and
(D) 45 percent of the cost of detailed engineering.
(5) Rules and procedures.--
(A) Rules.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall adopt
rules and procedures for carrying out the program.
(B) Grants.--Not later than 120 days after the date
of issuance of the rules and procedures for the
program, the Secretary shall issue grants under this
subsection.
(6) 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
the information provided in the reports submitted to
the Secretary under subsection (b)(4); 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 during the term of the program.
(7) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $250,000,000
for the period of fiscal years 2022 through 2026, to remain
available until expended.
SEC. 33004. CLEAN ENERGY AND SUSTAINABILITY ACCELERATOR.
Title XVI of the Energy Policy Act of 2005 (Public Law 109-58, as
amended) is amended by adding at the end the following new subtitle:
``Subtitle C--Clean Energy and Sustainability Accelerator
``SEC. 1621. DEFINITIONS.
``In this subtitle:
``(1) Accelerator.--The term `Accelerator' means the Clean
Energy and Sustainability Accelerator established under section
1622.
``(2) Board.--The term `Board' means the Board of Directors
of the Accelerator.
``(3) Chief executive officer.--The term `chief executive
officer' means the chief executive officer of the Accelerator.
``(4) Climate-impacted communities.--The term `climate-
impacted communities' includes--
``(A) communities of color, which include any
geographically distinct area the population of color of
which is higher than the average population of color of
the State in which the community is located;
``(B) communities that are already or are likely to
be the first communities to feel the direct negative
effects of climate change;
``(C) distressed neighborhoods, demonstrated by
indicators of need, including poverty, childhood
obesity rates, academic failure, and rates of juvenile
delinquency, adjudication, or incarceration;
``(D) low-income communities, defined as any census
block group in which 30 percent or more of the
population are individuals with low income;
``(E) low-income households, defined as a household
with annual income equal to, or less than, the greater
of--
``(i) an amount equal to 80 percent of the
median income of the area in which the
household is located, as reported by the
Department of Housing and Urban Development;
and
``(ii) 200 percent of the Federal poverty
line;
``(F) Tribal communities;
``(G) persistent poverty counties, defined as any
county that has had a poverty rate of 20 percent or
more for the past 30 years as measured by the 2000,
2010, and 2020 decennial censuses;
``(H) communities disproportionately affected by
environmental pollution and other hazards that can lead
to negative public health effects; and
``(I) communities that are economically reliant on
fossil fuel-based industries.
``(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 term `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, Territorial, and local green banks funded by the Clean
Energy and Sustainability Accelerator:
``(A) Renewable energy generation, including the
following:
``(i) Solar.
``(ii) Wind.
``(iii) Geothermal.
``(iv) Hydropower.
``(v) Ocean and hydrokinetic.
``(vi) Fuel cell.
``(B) Building energy efficiency, fuel switching,
and electrification.
``(C) Industrial decarbonization.
``(D) Grid technology such as transmission,
distribution, and storage to support clean energy
distribution, including smart-grid applications.
``(E) Agriculture and forestry projects that reduce
net greenhouse gas emissions.
``(F) Clean transportation, including the
following:
``(i) Battery electric vehicles.
``(ii) Plug-in hybrid electric vehicles.
``(iii) Hydrogen vehicles.
``(iv) Other zero-emissions fueled
vehicles.
``(v) Related vehicle charging and fueling
infrastructure.
``(G) Climate resilient infrastructure.
``(H) Any other key areas identified by the Board
as consistent with the mandate of the Accelerator as
described in section 1623.
``(11) Renewable energy generation.--The term `renewable
energy generation' means electricity created by sources that
are continually replenished by nature, such as the sun, wind,
and water.
``SEC. 1622. ESTABLISHMENT.
``(a) In General.--Not later than 1 year after the date of
enactment of this subtitle, there shall be established a nonprofit
corporation to be known as the Clean Energy and Sustainability
Accelerator.
``(b) Limitation.--The Accelerator shall not be an agency or
instrumentality of the Federal Government.
``(c) Full Faith and Credit.--The full faith and credit of the
United States shall not extend to the Accelerator.
``(d) Nonprofit Status.--The Accelerator shall maintain its status
as an organization exempt from taxation under the Internal Revenue Code
of 1986 (26 U.S.C. 1 et seq.).
``SEC. 1623. MANDATE.
``The Accelerator shall make the United States a world leader in
combating the causes and effects of climate change through the rapid
deployment of mature technologies and scaling of new technologies by
maximizing the reduction of emissions in the United States for every
dollar deployed by the Accelerator, including by--
``(1) providing financing support for investments in the
United States in low- and zero-emissions technologies and
processes in order to rapidly accelerate market penetration;
``(2) catalyzing and mobilizing private capital through
Federal investment and supporting a more robust marketplace for
clean technologies, while avoiding competition with private
investment;
``(3) enabling climate-impacted communities to benefit from
and afford projects and investments that reduce emissions;
``(4) providing support for workers and communities
impacted by the transition to a low-carbon economy;
``(5) supporting the creation of green banks within the
United States where green banks do not exist; and
``(6) causing the rapid transition to a clean energy
economy without raising energy costs to end users and seeking
to lower costs where possible.
``SEC. 1624. FINANCE AND INVESTMENT DIVISION.
``(a) In General.--There shall be within the Accelerator a finance
and investment division, which shall be responsible for--
``(1) the Accelerator's greenhouse gas emissions mitigation
efforts by directly financing qualifying projects or doing so
indirectly by providing capital to State, Territorial, 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, Territorial, and Local Green Bank Capitalization.--The
finance and investment division of the Accelerator shall make capital
available to State, Territorial, and local green banks to enable such
banks to finance qualifying projects in their markets that are better
served by a locally based entity, rather than through direct investment
by the Accelerator.
``(d) Investment Committee.--The debt, risk mitigation, and equity
investments made by the Accelerator shall be--
``(1) approved by the investment committee of the Board;
and
``(2) consistent with an investment policy that has been
established by the investment committee of the Board in
consultation with the risk management committee of the Board.
``SEC. 1625. START-UP DIVISION.
``There shall be within the Accelerator a Start-up Division, which
shall be responsible for providing technical assistance and start-up
funding to States and other political subdivisions that do not have
green banks to establish green banks in those States and political
subdivisions, including by working with relevant stakeholders in those
States and political subdivisions.
``SEC. 1626. ZERO-EMISSIONS FLEET AND RELATED INFRASTRUCTURE FINANCING
PROGRAM.
``Not later than 1 year after the date of establishment of the
Accelerator, the Accelerator shall explore the establishment of a
program to provide low- and zero-interest loans, up to 30 years in
length, to any school, metropolitan planning organization, or nonprofit
organization seeking financing for the acquisition of zero-emissions
vehicle fleets or associated infrastructure to support zero-emissions
vehicle fleets.
``SEC. 1627. PROJECT PRIORITIZATION AND REQUIREMENTS.
``(a) Emissions Reduction Mandate.--In investing in projects that
mitigate greenhouse gas emissions, the Accelerator shall maximize the
reduction of emissions in the United States for every dollar deployed
by the Accelerator.
``(b) Environmental Justice Prioritization.--
``(1) In general.--In order to address environmental
justice needs, the Accelerator shall, as applicable, prioritize
the provision of program benefits and investment activity that
are expected to directly or indirectly result in the deployment
of projects to serve, as a matter of official policy, climate-
impacted communities.
``(2) Minimum percentage.--The Accelerator shall ensure
that over the 30-year period of its charter 40 percent of its
investment activity is directed to serve climate-impacted
communities.
``(c) Consumer Protection.--
``(1) Prioritization.--Consistent with the mandate under
section 1623 to maximize the reduction of emissions in the
United States for every dollar deployed by the Accelerator, the
Accelerator shall prioritize qualified projects according to
benefits conferred on consumers and affected communities.
``(2) Consumer credit protection.--The Accelerator shall
ensure that any residential energy efficiency or distributed
clean energy project in which the Accelerator invests directly
or indirectly complies with the requirements of the Consumer
Credit Protection Act (15 U.S.C. 1601 et seq.), including, in
the case of a financial product that is a residential mortgage
loan, any requirements of title I of that Act relating to
residential mortgage loans (including any regulations
promulgated by the Bureau of Consumer Financial Protection
under section 129C(b)(3)(C) of that Act (15 U.S.C.
1639c(b)(3)(C))).
``(d) Labor.--
``(1) In general.--The Accelerator shall ensure that
laborers and mechanics employed by contractors and
subcontractors in construction work financed directly by the
Accelerator will be paid wages not less than those prevailing
on similar construction in the locality, as determined by the
Secretary of Labor under sections 3141 through 3144, 3146, and
3147 of title 40, United States Code.
``(2) Project labor agreement.--The Accelerator shall
ensure that projects financed directly by the Accelerator with
total capital costs of $100,000,000 or greater utilize a
project labor agreement.
``SEC. 1628. EXPLORATION OF ACCELERATED CLEAN ENERGY TRANSITION
PROGRAM.
``Not later than 1 year after the date on which the Accelerator is
established, the Board shall explore the establishment of an
accelerated clean energy transition program--
``(1) to expedite the transition within the power sector to
zero-emissions power generation facilities or assets; and
``(2) to simultaneously invest in local economic
development in communities affected by this transition away
from carbon-intensive facilities or assets.
``SEC. 1629. BOARD OF DIRECTORS.
``(a) In General.--The Accelerator shall operate under the
direction of a Board of Directors, which shall be composed of 7
members.
``(b) Initial Composition and Terms.--
``(1) Selection.--The initial members of the Board shall be
selected as follows:
``(A) Appointed members.--Three members shall be
appointed by the President, with the advice and consent
of the Senate, of whom no more than two shall belong to
the same political party.
``(B) Elected members.--Four members shall be
elected unanimously by the 3 members appointed and
confirmed pursuant to subparagraph (A).
``(2) Terms.--The terms of the initial members of the Board
shall be as follows:
``(A) The 3 members appointed and confirmed under
paragraph (1)(A) shall have initial 5-year terms.
``(B) Of the 4 members elected under paragraph
(1)(B), 2 shall have initial 3-year terms, and 2 shall
have initial 4-year terms.
``(c) Subsequent Composition and Terms.--
``(1) Selection.--Except for the selection of the initial
members of the Board for their initial terms under subsection
(b), the members of the Board shall be elected by the members
of the Board.
``(2) Disqualification.--A member of the Board shall be
disqualified from voting for any position on the Board for
which such member is a candidate.
``(3) Terms.--All members elected pursuant to paragraph (1)
shall have a term of 5 years.
``(d) Qualifications.--The members of the Board shall collectively
have expertise in--
``(1) the fields of clean energy, electric utilities,
industrial decarbonization, clean transportation, resiliency,
and agriculture and forestry practices;
``(2) climate change science;
``(3) finance and investments; and
``(4) environmental justice and matters related to the
energy and environmental needs of climate-impacted communities.
``(e) Restriction on Membership.--No officer or employee of the
Federal or any other level of government may be appointed or elected as
a member of the Board.
``(f) Quorum.--Five members of the Board shall constitute a quorum.
``(g) Bylaws.--
``(1) In general.--The Board shall adopt, and may amend,
such bylaws as are necessary for the proper management and
functioning of the Accelerator.
``(2) Officers.--In the bylaws described in paragraph (1),
the Board shall--
``(A) designate the officers of the Accelerator;
and
``(B) prescribe the duties of those officers.
``(h) Vacancies.--Any vacancy on the Board shall be filled through
election by the Board.
``(i) Interim Appointments.--A member elected to fill a vacancy
occurring before the expiration of the term for which the predecessor
of that member was appointed or elected shall serve for the remainder
of the term for which the predecessor of that member was appointed or
elected.
``(j) Reappointment.--A member of the Board may be elected for not
more than 1 additional term of service as a member of the Board.
``(k) Continuation of Service.--A member of the Board whose term
has expired may continue to serve on the Board until the date on which
a successor member is elected.
``(l) Chief Executive Officer.--The Board shall appoint a chief
executive officer who shall be responsible for--
``(1) hiring employees of the Accelerator;
``(2) establishing the 2 divisions of the Accelerator
described in sections 1624 and 1625; and
``(3) performing any other tasks necessary for the day-to-
day operations of the Accelerator.
``(m) Advisory Committee.--
``(1) Establishment.--The Accelerator shall establish an
advisory committee (in this subsection referred to as the
`advisory committee'), which shall be composed of not more than
13 members appointed by the Board on the recommendation of the
president of the Accelerator.
``(2) Members.--Members of the advisory committee shall be
broadly representative of interests concerned with the
environment, production, commerce, finance, agriculture,
forestry, labor, services, and State Government. Of such
members--
``(A) not fewer than 3 shall be representatives of
the small business community;
``(B) not fewer than 2 shall be representatives of
the labor community, except that no 2 members may be
from the same labor union;
``(C) not fewer than 2 shall be representatives of
the environmental nongovernmental organization
community, except that no 2 members may be from the
same environmental organization;
``(D) not fewer than 2 shall be representatives of
the environmental justice nongovernmental organization
community, except that no 2 members may be from the
same environmental organization;
``(E) not fewer than 2 shall be representatives of
the consumer protection and fair lending community,
except that no 2 members may be from the same consumer
protection or fair lending organization; and
``(F) not fewer than 2 shall be representatives of
the financial services industry with knowledge of and
experience in financing transactions for clean energy
and other sustainable infrastructure assets.
``(3) Meetings.--The advisory committee shall meet not less
frequently than once each quarter.
``(4) Duties.--The advisory committee shall--
``(A) advise the Accelerator on the programs
undertaken by the Accelerator; and
``(B) submit to the Congress an annual report with
comments from the advisory committee on the extent to
which the Accelerator is meeting the mandate described
in section 1623, including any suggestions for
improvement.
``(n) Chief Risk Officer.--
``(1) Appointment.--Subject to the approval of the Board,
the chief executive officer shall appoint a chief risk officer
from among individuals with experience at a senior level in
financial risk management, who--
``(A) shall report directly to the Board; and
``(B) shall be removable only by a majority vote of
the Board.
``(2) Duties.--The chief risk officer, in coordination with
the risk management and audit committees established under
section 1632, shall develop, implement, and manage a
comprehensive process for identifying, assessing, monitoring,
and limiting risks to the Accelerator, including the overall
portfolio diversification of the Accelerator.
``SEC. 1630. 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) Use of Funds and Recycling.--To the extent and in the amounts
provided in advance in appropriations Acts, the Accelerator--
``(1) may use funds transferred pursuant to subsection
(a)(1) to carry out this subtitle, including for operating
expenses; and
``(2) shall retain and manage all repayments and other
revenue received under this subtitle from financing fees,
interest, repaid loans, and other types of funding to carry out
this subtitle, including for--
``(A) operating expenses; and
``(B) recycling such payments and other revenue for
future lending and capital deployment in accordance
with this subtitle.
``(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 1631--
``(A) a risk management committee; and
``(B) an audit committee.
``SEC. 1631. ESTABLISHMENT OF RISK MANAGEMENT COMMITTEE AND AUDIT
COMMITTEE.
``(a) In General.--To assist the Board in fulfilling the duties and
responsibilities of the Board under this subtitle, the Board shall
establish a risk management committee and an audit committee.
``(b) Duties and Responsibilities of Risk Management Committee.--
Subject to the direction of the Board, the risk management committee
established under subsection (a) shall establish policies for and have
oversight responsibility for--
``(1) formulating the risk management policies of the
operations of the Accelerator;
``(2) reviewing and providing guidance on operation of the
global risk management framework of the Accelerator;
``(3) developing policies for--
``(A) investment;
``(B) enterprise risk management;
``(C) monitoring; and
``(D) management of strategic, reputational,
regulatory, operational, developmental, environmental,
social, and financial risks; and
``(4) developing the risk profile of the Accelerator,
including--
``(A) a risk management and compliance framework;
and
``(B) a governance structure to support that
framework.
``(c) Duties and Responsibilities of Audit Committee.--Subject to
the direction of the Board, the audit committee established under
subsection (a) shall have oversight responsibility for--
``(1) the integrity of--
``(A) the financial reporting of the Accelerator;
and
``(B) the systems of internal controls regarding
finance and accounting;
``(2) the integrity of the financial statements of the
Accelerator;
``(3) the performance of the internal audit function of the
Accelerator; and
``(4) compliance with the legal and regulatory requirements
related to the finances of the Accelerator.
``SEC. 1632. OVERSIGHT.
``(a) External Oversight.--The inspector general of the Department
of Energy shall have oversight responsibilities over the Accelerator.
``(b) Reports and Audit.--
``(1) Annual report.--The Accelerator shall publish an
annual report which shall be transmitted by the Accelerator to
the President and the Congress.
``(2) Annual audit of accounts.--The accounts of the
Accelerator shall be audited annually. Such audits shall be
conducted in accordance with generally accepted auditing
standards by independent certified public accountants who are
certified by a regulatory authority of the jurisdiction in
which the audit is undertaken.
``(3) Additional audits.--In addition to the annual audits
under paragraph (2), the financial transactions of the
Accelerator for any fiscal year during which Federal funds are
available to finance any portion of its operations may be
audited by the Government Accountability Office in accordance
with such rules and regulations as may be prescribed by the
Comptroller General of the United States.''.
SEC. 33005. DAM SAFETY.
(a) 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.''.
(b) 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.''.
(c) 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.
(d) FERC Dam Safety Technical Conference With States.--
(1) Technical conference.--Not later than April 1, 2022,
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--
(A) dam maintenance and repair;
(B) Risk Informed Decision Making (RIDM);
(C) climate and hydrological regional changes that
may affect the structural integrity of dams; and
(D) high hazard dams.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $1,000,000 for
fiscal year 2022.
(3) State defined.--In this subsection, the term ``State''
has the meaning given such term in section 3 of the Federal
Power Act (16 U.S.C. 796).
(e) Required Dam Safety Communications Between FERC and States.--
(1) In general.--The Commission, acting through the Office
of Energy Projects, shall notify a State within which a project
is located when--
(A) 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;
(B) after a period of 5 years starting on the date
a finding under subparagraph (A) is issued, the
licensee has failed to take actions to repair the dam
and other project works, as required by such finding;
and
(C) 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.
(2) 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--
(A) 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;
(B) all records documenting the history of
maintenance or repair work for the applicable dam and
other project works;
(C) information on the age of the dam and other
project works and the hazard classification of the dam
and other project works;
(D) the most recent assessment of the condition of
the dam and other project works by the Commission;
(E) as applicable, the most recent hydrologic
information used to determine the potential maximum
flood for the dam and other project works; and
(F) the results of the most recent risk assessment
completed on the dam and other project works.
(3) Definition.--In this subsection:
(A) Commission.--The term ``Commission'' means the
Federal Energy Regulatory Commission.
(B) Licensee.--The term ``licensee'' has the
meaning given such term in section 3 of the Federal
Power Act (16 U.S.C. 796).
(C) Project.--The term ``project'' has the meaning
given such term in section 3 of the Federal Power Act
(16 U.S.C. 796).
Subtitle D--Smart Communities Infrastructure
PART 1--SMART COMMUNITIES
SEC. 34101. 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 2022 through 2026.
SEC. 34102. 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 2022 through 2026.
SEC. 34103. 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 2022 through 2026.
SEC. 34104. SMART CITY OR COMMUNITY.
(a) In General.--In this subpart, 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.
PART 2--CLEAN CITIES COALITION PROGRAM
SEC. 34201. 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 2022;
(B) $60,000,000 for fiscal year 2023;
(C) $75,000,000 for fiscal year 2024;
(D) $90,000,000 for fiscal year 2025; and
(E) $100,000,000 for fiscal year 2026.
(2) Allocations.--The Secretary shall allocate funds made
available to carry out this section in each fiscal year as
follows:
(A) 30 percent of such funds shall be distributed
as awards under subsection (b)(3).
(B) 50 percent of such funds shall be distributed
as competitive awards under subsection (b)(4).
(C) 20 percent of such funds shall be used to carry
out the duties of the Secretary under this section.
PART 3--VEHICLE INFRASTRUCTURE
Subpart A--Electric Vehicle Infrastructure
SEC. 34311. DEFINITIONS.
In this part:
(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;
(B) a community in which climate change, pollution,
or environmental destruction have exacerbated systemic
racial, regional, social, environmental, and economic
injustices by disproportionately affecting indigenous
peoples, communities of color, migrant communities,
deindustrialized communities, depopulated rural
communities, the poor, low-income workers, women, the
elderly, the unhoused, people with disabilities, or
youth; or
(C) 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. 34312. ELECTRIC VEHICLE SUPPLY EQUIPMENT REBATE PROGRAM.
(a) Rebate Program.--Not later than January 1, 2022, 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, including
accessibility in compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 12101
et seq.).
(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;
(v) an identification of any existing
electric vehicle supply equipment that--
(I) is available to the public for
a minimum of 12 hours per day; and
(II) is not further than 50 miles
from the global positioning system
location identified under clause (iii);
and
(vi) 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) Networked direct current fast charging.--Of amounts
appropriated to carry out the rebate program, not more than 40
percent may be used for rebates of networked direct current
fast charging equipment.
(8) Hydrogen fuel cell refueling infrastructure.--Hydrogen
refueling equipment shall be eligible for a rebate under the
rebate program as though it were networked direct current fast
charging equipment. All requirements related to public
accessibility of installed locations shall apply.
(9) 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 2022 through 2026.
SEC. 34313. 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. 34314. 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, taking into
consideration range anxiety and the location of charging
infrastructure to ensure an electric vehicle can travel
throughout the United States without losing a charge; 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. 34315. 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 date of 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
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 adding at the end the following: ``In the case of
the standard established by paragraph (20) of section 111(d),
the reference contained in this subsection to the date of
enactment of this Act shall be deemed to be a reference to the
date of enactment of that paragraph.''.
(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.''.
(4) Prior and pending proceedings.--Section 124 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634)
is amended is amended by adding at the end the following: ``In
the case of the standard established by paragraph (20) of
section 111(d), the reference contained in this section to the
date of the enactment of this Act shall be deemed to be a
reference to the date of enactment of such paragraph (20).''.
SEC. 34316. 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 2022 through 2026.
``(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 2022 through
2026.''.
(c) State Energy Transportation Plans.--
(1) In general.--Part D of title III of the Energy Policy
and Conservation Act (42 U.S.C. 6321 et seq.) is further
amended by adding at the end the following:
``SEC. 367. STATE ENERGY TRANSPORTATION PLANS.
``(a) In General.--The Secretary may provide financial assistance
to a State to develop a State energy transportation plan, for inclusion
in a State energy conservation plan under section 362(d), to promote
the electrification of the transportation system, reduced consumption
of fossil fuels, and improved air quality.
``(b) Development.--A State developing a State energy
transportation plan under this section shall carry out this activity
through the State energy office that is responsible for developing the
State energy conservation plan under section 362.
``(c) Contents.--A State developing a State energy transportation
plan under this section shall include in such plan a plan to--
``(1) deploy a network of electric vehicle supply equipment
to ensure access to electricity for electric vehicles,
including commercial vehicles, to an extent that such electric
vehicles can travel throughout the State without running out of
a charge; and
``(2) promote modernization of the electric grid, including
through the use of renewable energy sources to power the
electric grid, to accommodate demand for power to operate
electric vehicle supply equipment and to utilize energy storage
capacity provided by electric vehicles, including commercial
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.''.
(2) Conforming amendment.--The table of sections for part D
of title III of the Energy Policy and Conservation Act is
further amended by adding at the end the following:
``Sec. 367. State energy security plans.''.
SEC. 34317. 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 such equipment for
medium- and heavy-duty vehicles, including at depots
and in-route locations;
``(K) multi-use charging hubs used for multiple
forms of transportation;
``(L) medium- and heavy-duty vehicle smart charging
management and refueling;
``(M) battery recycling and secondary use,
including for medium- and heavy-duty vehicles; and
``(N) sharing of best practices, and technical
assistance provided by the Department to public
utilities commissions and utilities, for medium- and
heavy-duty vehicle electrification.'';
(2) in subsection (b)--
(A) in paragraph (3)(A)(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 2022 through
2026'';
(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 2022 through
2026''; 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. 34318. FEDERAL FLEETS.
(a) Minimum Federal Fleet Requirement.--Section 303 of the Energy
Policy Act of 1992 (42 U.S.C. 13212) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) The Secretary, in consultation with the Administrator of
General Services, shall ensure that in acquiring medium- and heavy-duty
vehicles for a Federal fleet, a Federal entity shall acquire zero
emission vehicles to the maximum extent feasible.'';
(2) by striking subsection (b) and inserting the following:
``(b) Percentage Requirements.--
``(1) In general.--
``(A) Light-duty vehicles.--Beginning in fiscal
year 2025, 100 percent of the total number of light-
duty vehicles acquired by a Federal entity for a
Federal fleet shall be alternative fueled vehicles, of
which--
``(i) at least 50 percent shall be zero
emission vehicles or plug-in hybrids in fiscal
years 2025 through 2034;
``(ii) at least 75 percent shall be zero
emission vehicles or plug-in hybrids in fiscal
years 2035 through 2049; and
``(iii) 100 percent shall be zero emission
vehicles in fiscal year 2050 and thereafter.
``(B) Medium- and heavy-duty vehicles.--The
following percentages of the total number of medium-
and heavy-duty vehicles acquired by a Federal entity
for a Federal fleet shall be alternative fueled
vehicles:
``(i) At least 20 percent in fiscal years
2025 through 2029.
``(ii) At least 30 percent in fiscal years
2030 through 2039.
``(iii) At least 40 percent in fiscal years
2040 through 2049.
``(iv) At least 50 percent in fiscal year
2050 and thereafter.
``(2) Exception.--The Secretary, in consultation with the
Administrator of General Services where appropriate, may permit
a Federal entity to acquire for a Federal fleet a smaller
percentage than is required in paragraph (1) for a fiscal year,
so long as the aggregate percentage acquired for each class of
vehicle for all Federal fleets in the fiscal year is at least
equal to the required percentage.
``(3) Definitions.--In this subsection:
``(A) Federal fleet.--The term `Federal fleet'
means a fleet of vehicles that are centrally fueled or
capable of being centrally fueled and are owned,
operated, leased, or otherwise controlled by or
assigned to any Federal executive department, military
department, Government corporation, independent
establishment, or executive agency, the United States
Postal Service, the Congress, the courts of the United
States, or the Executive Office of the President. Such
term does not include--
``(i) motor vehicles held for lease or
rental to the general public;
``(ii) motor vehicles used for motor
vehicle manufacturer product evaluations or
tests;
``(iii) law enforcement vehicles;
``(iv) emergency vehicles; or
``(v) motor vehicles acquired and used for
military purposes that the Secretary of Defense
has certified to the Secretary must be exempt
for national security reasons.
``(B) Fleet.--The term `fleet' means--
``(i) 20 or more light-duty vehicles,
located in a metropolitan statistical area or
consolidated metropolitan statistical area, as
established by the Bureau of the Census, with a
1980 population of more than 250,000; or
``(ii) 10 or more medium- or heavy-duty
vehicles, located at a Federal facility or
located in a metropolitan statistical area or
consolidated metropolitan statistical area, as
established by the Bureau of the Census, with a
1980 population of more than 250,000.''; and
(3) in subsection (f)(2)(B)--
(A) by striking ``, either''; and
(B) in clause (i), by striking ``or'' and inserting
``and''.
(b) Federal Fleet Conservation Requirements.--Section 400FF(a) of
the Energy Policy and Conservation Act (42 U.S.C. 6374e) is amended--
(1) in paragraph (1)--
(A) by striking ``18 months after the date of
enactment of this section'' and inserting ``12 months
after the date of enactment of the Leading
Infrastructure For Tomorrow's America 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.''.
Subpart B--Electric Vehicles for Underserved Communities
SEC. 34321. EXPANDING ACCESS TO ELECTRIC VEHICLES IN UNDERSERVED AND
DISADVANTAGED COMMUNITIES.
(a) In General.--
(1) 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 throughout the
United States.
(2) 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 paragraph (1), which shall--
(A) describe the state of deployment of electric
vehicle charging infrastructure in underserved or
disadvantaged communities located in urban, suburban,
and rural areas, including description of--
(i) the state of deployment of electric
vehicle charging infrastructure that is--
(I) publicly accessible;
(II) installed in or available to
occupants of public and affordable
housing;
(III) installed in or available to
occupants of multi-unit dwellings;
(IV) available to public sector and
commercial fleets; and
(V) installed in or available at
places of work;
(ii) 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
publicly accessible electric vehicle charging
stations and electric vehicle charging stations
available to residents in publicly owned and
privately owned multi-unit dwellings;
(iii) ownership models for Level 2 charging
stations and DC FAST charging stations located
in residential multi-unit dwellings, commercial
buildings, and publicly accessible areas;
(iv) mechanisms for financing electric
vehicle charging stations; and
(v) rates charged for the use of Level 2
charging stations and DC FAST charging
stations;
(B) identify current barriers to expanding
deployment of electric vehicle charging infrastructure
in underserved or disadvantaged communities in urban,
suburban, and rural areas, including barriers to
expanding deployment of publicly accessible electric
vehicle charging infrastructure;
(C) identify the potential for, and barriers to,
recruiting and entering into contracts with locally
owned small and disadvantaged businesses, including
women and minority-owned businesses, to deploy electric
vehicle charging infrastructure in underserved or
disadvantaged communities in urban, suburban, and rural
areas;
(D) compile and provide an analysis of best
practices and policies used by State and local
governments, nonprofit organizations, and private
entities to increase deployment of electric vehicle
charging infrastructure in underserved or disadvantaged
communities in urban, suburban, and rural areas,
including best practices and policies relating to--
(i) public outreach and engagement;
(ii) increasing deployment of publicly
accessible electric vehicle charging
infrastructure; and
(iii) increasing deployment of electric
vehicle charging infrastructure in publicly
owned and privately owned multi-unit dwellings;
(E) to the extent practicable, enumerate and
identify in urban, suburban, and rural areas within
each State with detail at the level of ZIP Codes and
census tracts--
(i) the number of existing and planned
publicly accessible Level 2 charging stations
and DC FAST charging stations for 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 public sector and commercial fleet
electric vehicles and medium- and heavy-duty
electric vehicles; and
(iii) the number and type of electric
vehicle charging stations installed in or
available to occupants of public and affordable
housing; and
(F) describe the methodology used to obtain the
information provided in the report.
(b) Five-Year Update Assessment.--Not later than 5 years after the
date of the enactment of this Act, the Secretary shall--
(1) update the assessment conducted under subsection
(a)(1); and
(2) 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--
(A) update the information required by subsection
(a)(2); and
(B) include a description of case studies and key
lessons learned after the date on which the report
under subsection (a)(2) was submitted with respect to
expanding the deployment of electric vehicle charging
infrastructure in underserved or disadvantaged
communities in urban, suburban, and rural areas.
SEC. 34322. ENSURING PROGRAM BENEFITS FOR UNDERSERVED AND DISADVANTAGED
COMMUNITIES.
In administering a relevant program, the Secretary shall, to the
extent practicable, invest or direct available and relevant
programmatic resources so that such program--
(1) promotes electric vehicle charging infrastructure;
(2) supports clean and multi-modal transportation;
(3) provides improved air quality and emissions reductions;
and
(4) prioritizes the needs of underserved or disadvantaged
communities.
SEC. 34323. DEFINITIONS.
In this part:
(1) Electric vehicle charging infrastructure.--The term
``electric vehicle charging infrastructure'' means electric
vehicle supply equipment, including any conductors, electric
vehicle connectors, attachment plugs, and all other fittings,
devices, power outlets, or apparatuses installed specifically
for the purposes of delivering energy to an electric vehicle.
(2) Publicly accessible.--The term ``publicly accessible''
means, with respect to electric vehicle charging
infrastructure, electric vehicle charging infrastructure that
is available, at zero or reasonable cost, to members of the
public for the purpose of charging a privately owned or leased
electric vehicle, or electric vehicle that is available for use
by members of the general public as part of a ride service or
vehicle sharing service or program, including within or
around--
(A) public sidewalks and streets;
(B) public parks;
(C) public buildings, including--
(i) libraries;
(ii) schools; and
(iii) government offices;
(D) public parking;
(E) shopping centers; and
(F) commuter transit hubs.
(3) Relevant program.--The term ``relevant program'' means
a program of the Department of Energy, including--
(A) the State energy program under part D of title
III the Energy Policy and Conservation Act (42 U.S.C.
6321 et seq.);
(B) the Clean Cities program;
(C) the Energy Efficiency and Conservation Block
Grant Program established under section 542 of the
Energy Independence and Security Act of 2007 (42 U.S.C.
17152);
(D) loan guarantees made pursuant to title XVII of
the Energy Policy Act of 2005 (42 U.S.C. 16511 et
seq.); and
(E) such other programs as the Secretary determines
appropriate.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(5) Underserved or disadvantaged community.--The term
``underserved or disadvantaged community'' means a community
located within a ZIP Code or census tract that is identified
as--
(A) a low-income community;
(B) a community of color;
(C) a Tribal community;
(D) having a disproportionately low number of
electric vehicle charging stations per capita, compared
to similar areas; or
(E) any other community that the Secretary
determines is disproportionately vulnerable to, or
bears a disproportionate burden of, any combination of
economic, social, environmental, and climate stressors.
Subpart C--Port Electrification and Decarbonization
SEC. 34331. DEFINITIONS.
For purposes of this subtitle:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Alternative emissions control technology.--The term
``alternative emissions control technology'' means any
technology, technique, or measure that--
(A) captures the emissions of nitrogen oxide,
particulate matter, reactive organic compounds, and
greenhouse gases from the auxiliary engine and
auxiliary boiler of an ocean-going vessel at berth;
(B) is verified or approved by a State or Federal
air quality regulatory agency; and
(C) the use of which achieves at least the
equivalent reduction of such emissions as the use of
shore power for an ocean-going vessel at berth.
(3) Cargo-handling equipment.--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.
(4) Criteria pollutant.--The term ``criteria pollutant''
means any air pollutant for which a national ambient air
quality standard is in effect under section 109 of the Clean
Air Act (42 U.S.C. 7409).
(5) Distributed energy system.--
(A) In general.--The term ``distributed energy
system'' means any energy system that--
(i) is located on or near a customer site;
(ii) is operated on the customer side of
the electric meter; and
(iii) is interconnected with the electric
grid.
(B) Inclusions.--The term ``distributed energy
system'' includes--
(i) clean electricity generation;
(ii) energy efficiency;
(iii) energy demand management;
(iv) an energy storage system; and
(v) a microgrid.
(6) Eligible entity.--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 air
quality management district; or
(D) a private entity (including any nonprofit
organization) that--
(i) applies for a grant under this section
in partnership with an entity described in
subparagraph (A), (B), or (C); and
(ii) owns, operates, or uses the
facilities, cargo-handling equipment,
transportation equipment, or related technology
of a port.
(7) Energy storage system.--The term ``energy storage
system'' means any system, equipment, facility, or technology
that--
(A) is capable of storing energy for a period of
time and dispatching the stored energy; and
(B) uses a mechanical, electrical, chemical,
electrochemical, or thermal process to store energy
that--
(i) was generated at an earlier time for
use at a later time; or
(ii) was generated from a mechanical
process, and would otherwise be wasted, for use
at a later time.
(8) Environmental justice community.--The term
``environmental justice community'' means any population of
color, community of color, indigenous community, or low-income
community that experiences a disproportionate burden of the
negative human health and environmental impacts of pollution or
other environmental hazards.
(9) Fully automated cargo-handling equipment.--The term
``fully automated cargo-handling equipment'' means cargo-
handling equipment that does not require the exercise of human
intervention or control to operate or monitor, through either
direct or remote means.
(10) Harbor vessel.--The term ``harbor vessel'' means a
ship, boat, lighter, or maritime vessel designed for service at
and around a harbor or port.
(11) Nonattainment area.--The term ``nonattainment area''
has the meaning given such term in section 171 of the Clean Air
Act (42 U.S.C. 7501).
(12) Port.--The term ``port'' means any maritime port or
inland port.
(13) Port authority.--The term ``port authority'' means a
governmental or quasigovernmental authority formed by a
legislative body to operate a port.
(14) Qualified climate action plan.--The term ``qualified
climate action plan'' means a detailed and strategic plan
that--
(A) establishes goals for an eligible entity to
reduce emissions at one or more ports of--
(i) greenhouse gases;
(ii) criteria pollutants, and precursors
thereof; and
(iii) hazardous air pollutants;
(B) describes how an eligible entity will implement
measures at one or more ports to meet the goals
established in subparagraph (A);
(C) describes how an eligible entity has
implemented or will implement measures to increase the
resilience of the port or ports involved, including
measures related to withstanding and recovering from
extreme weather events;
(D) describes how an eligible entity will implement
emissions accounting and inventory practices to--
(i) determine baseline greenhouse gas
emissions at a port; and
(ii) measure the progress of the eligible
entity in reducing such emissions;
(E) demonstrates how implementation of the proposed
measures will not result in a net loss of jobs at the
port or ports involved; and
(F) includes a strategy to--
(i) collaborate with stakeholders that may
be affected by implementation of the plan,
including local environmental justice
communities and other near-port communities;
(ii) address the potential, cumulative,
community-level effects on stakeholders of
implementing the plan; and
(iii) provide effective, advance
communication to stakeholders to avoid and
minimize conflicts.
(15) Shore power.--The term ``shore power'' means the
provision of shoreside electrical power to a ship at berth that
has shut down main and auxiliary engines.
(16) Zero-emissions port equipment and technology.--The
term ``zero-emissions port equipment and technology''--
(A) means any equipment, technology, or measure
that--
(i) is used at a port; and
(ii)(I) produces zero exhaust emissions
of--
(aa) any criteria pollutant and
precursor thereof; and
(bb) any greenhouse gas, other than
water vapor; or
(II) captures 100 percent of the exhaust
emissions produced by an ocean-going vessel at
berth; and
(B) includes any equipment, technology, or measure
described in subparagraph (A) that is--
(i) cargo-handling equipment;
(ii) a harbor vessel;
(iii) shore power;
(iv) electrical charging infrastructure;
(v) a distributed energy system;
(vi) a vehicle, including an electric
transport refrigeration unit;
(vii) any technology or measure that
reduces vehicle idling;
(viii) any alternative emissions control
technology;
(ix) any equipment, technology, or measure
related to grid modernization; or
(x) any other technology, equipment, or
measure that the Administrator determines to be
appropriate.
SEC. 34332. GRANTS TO REDUCE AIR POLLUTION AT PORTS.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Administrator shall establish a program to
award grants to eligible entities to develop and implement a qualified
climate action plan at one or more ports.
(b) Grants.--In carrying out the program established under
subsection (a), the Administrator shall award the following types of
grants:
(1) Qualified climate action plan development.--The
Administrator may award grants to eligible entities for
development of a qualified climate action plan.
(2) Zero-emissions port equipment and technology.--
(A) In general.--The Administrator may award grants
to eligible entities to purchase, install, or utilize
zero-emissions port equipment and technology at one or
more ports.
(B) Relation to qualified climate action plan.--The
use of equipment and technology pursuant to a grant
under this subsection shall be consistent with the
qualified climate action plan of the eligible entity.
(c) Application.--
(1) In general.--To seek a grant that is awarded under
subsection (b), an eligible entity shall submit an application
to the Administrator at such time, in such manner, and
containing such information and assurances as the Administrator
may require.
(2) Concurrent applications.--An eligible entity may submit
concurrent applications for both types of grants described in
subsection (b), provided that the eligible entity demonstrates
how use of a grant awarded under subsection (b)(2) will be
consistent with the qualified climate action plan to be
developed using a grant awarded under subsection (b)(1).
(d) Prohibited Use.--An eligible entity may not use a grant awarded
under subsection (b)(2) to purchase fully automated cargo-handling
equipment or terminal infrastructure that is designed for fully
automated cargo-handling equipment.
(e) Cost Share.--An eligible entity may not use a grant awarded
under subsection (b)(2) to cover more than 80 percent of the cost of
purchasing, installing, or utilizing zero-emissions port equipment and
technology.
(f) Labor.--
(1) Wages.--All laborers and mechanics employed by a
subgrantee of an eligible entity, and any subgrantee thereof at
any tier, to perform construction, alteration, installation, or
repair work that is assisted, in whole or in part, by a grant
awarded under this section shall be paid wages at rates not
less than those prevailing on similar construction, alteration,
installation, or repair work 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) Labor standards.--With respect to the labor standards
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.
(3) Project labor agreement.--Any projects initiated using
a grant under subsection (b)(2) with total capital costs of
$1,000,000 or greater shall utilize a project labor agreement,
as described in section 8(f) of the National Labor Relations
Act (29 U.S.C. 158(f)).
(4) Protections.--An eligible entity may not extend use of
a grant provided under this subtitle to a subgrantee of the
eligible entity, and any subgrantee thereof at any tier, to
perform construction, alteration, installation, or repair work
at any location other than the port or ports involved.
(g) Priority.--The Administrator shall prioritize awarding grants
under subsection (b)(2) to eligible entities based on the following:
(1) The degree to which the eligible entity proposes to
reduce--
(A) the amount of greenhouse gases emitted at a
port;
(B) the amount of criteria pollutants, including
any precursor thereof, emitted at a port;
(C) the amount of hazardous air pollutants emitted
at a port; and
(D) health disparities in environmental justice
communities near a port.
(2) The degree to which the eligible entity--
(A) takes a regional approach, as applicable, to
reducing greenhouse gas emissions by collaborating
efforts with other ports and local electric utility
owners and operators;
(B) with respect to use of the grant, proposes to
enable increased electrification of infrastructure or
operations at the port or ports involved; and
(C) proposes to use equipment and technology that
is produced in the United States.
(3) The degree to which the eligible entity, any subgrantee
of such eligible entity, and any subgrantee thereof proposes to
hire individuals to carry out the installation of zero-
emissions port equipment and technology who--
(A) are domiciled--
(i) if the applicable installation area is
a major urban area, not further than 15 miles
from such installation area; and
(ii) if the applicable installation area is
not a major urban area, not further than 50
miles from such installation area;
(B) are displaced and unemployed energy workers;
(C) are members of the Armed Forces serving on
active duty, separated from active duty, or retired
from active duty;
(D) have been incarcerated or served time in a
juvenile or adult detention or correctional facility,
or been placed on probation, community supervision, or
in a diversion scheme;
(E) have a disability;
(F) are homeless;
(G) are receiving public assistance;
(H) lack a general education diploma or high school
diploma;
(I) are emancipated from the foster care system; or
(J) are registered apprentices with fewer than 15
percent of the required graduating apprentice hours in
a program.
(h) Outreach.--Not later than 90 days after the date on which funds
are made available to carry out this section, the Administrator shall
develop and carry out an educational outreach program to promote and
explain the program established under this subtitle.
(i) Reports.--
(1) Report to administrator.--Not later than 90 days after
receipt of a grant awarded under subsection (b), and thereafter
on a periodic basis to be determined by the Administrator, the
grantee shall submit to the Administrator a report on the
progress of the grantee in carrying out measures funded through
the grant.
(2) Annual report to congress.--Not later than 1 year after
the establishment of the program in subsection (a), and
annually thereafter, the Administrator shall submit to Congress
and make available on the public website of the Environmental
Protection Agency a report that includes, with respect to each
grant awarded under this section during the preceding calendar
year--
(A) the name and location of the eligible entity
that was awarded such grant;
(B) the amount of such grant that the eligible
entity was awarded;
(C) the name and location of each port where
measures are carried out;
(D) an estimate of the impact of measures on
reducing--
(i) the amount of greenhouse gases emitted
at each port;
(ii) the amount of criteria pollutants,
including any precursors thereof, emitted at
each port;
(iii) the amount of hazardous air
pollutants emitted at each port; and
(iv) health disparities in near-port
communities; and
(E) any other information the Administrator
determines necessary to understand the impact of grants
awarded under this subsection.
SEC. 34333. MODEL METHODOLOGIES.
The Administrator shall--
(1) develop model methodologies that may be used by an
eligible entity in developing emissions accounting and
inventory practices for a qualified climate action plan; and
(2) ensure that such methodologies are designed to measure
progress in reducing air pollution in near-port communities.
SEC. 34334. PORT ELECTRIFICATION.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Administrator, in consultation with the Secretary of
Energy, shall initiate a study to evaluate--
(1) how ports, intermodal port transfer facilities, and
surrounding communities may benefit from increased
electrification of port infrastructure or operations;
(2) the effects of increased electrification of port
infrastructure and operations on air quality and energy demand;
(3) the scale of investment needed to increase and maintain
electrification of port infrastructure and operations,
including an assessment of ports where zero-emissions port
equipment and technology have already been installed or
utilized;
(4) how emerging technologies and strategies may be used to
increase port electrification; and
(5) how ports and intermodal port transfer facilities can
partner with electric utility owners and operators and
electrical equipment providers to strengthen the reliability
and resiliency of the electric transmission and distribution
system, in order to enable greater deployment of zero-emissions
port equipment and technology.
(b) Report.--Not later than 1 year after initiating the study under
subsection (a), the Administrator shall submit to Congress and make
available on the public website of the Environmental Protection Agency
a report that describes the results of the study.
SEC. 34335. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this subtitle $750,000,000 for each of fiscal years 2022 through
2026, to remain available until expended.
(b) Development of Qualified Climate Action Plans.--In addition to
the authorization of appropriations in subsection (a), there is
authorized to be appropriated to carry out section 34332(b)(1)
$50,000,000 for fiscal year 2022, to remain available until expended.
(c) Nonattainment Areas.--To the extent practicable, at least 25
percent of amounts made available to carry out this subtitle in each
fiscal year shall be used to award grants under section 34332(b)(2) to
eligible entities to carry out measures at ports that are in a
nonattainment area.
Subpart D--Other Vehicles
SEC. 34341. CLEAN SCHOOL BUS PROGRAM.
(a) In General.--Section 741 of the Energy Policy Act of 2005 (42
U.S.C. 16091) is amended to read as follows:
``SEC. 741. CLEAN SCHOOL BUS PROGRAM.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Clean school bus.--The term `clean school bus' means
a school bus that is a zero-emission school bus.
``(3) Community of color.--The term `community of color'
means 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.
``(4) Eligible contractor.--The term `eligible contractor'
means a contractor that is a for-profit, not-for-profit, or
nonprofit entity that has the capacity--
``(A) to sell clean school buses, or charging or
other equipment needed to charge or maintain clean
school buses, to individuals or entities that own a
school bus or fleet of school buses; or
``(B) to arrange financing for such a sale.
``(5) Eligible recipient.--
``(A) In general.--Subject to subparagraph (B), the
term `eligible recipient' means--
``(i) 1 or more local or State governmental
entities responsible for--
``(I) providing school bus service
to 1 or more public school systems; or
``(II) the purchase of school
buses;
``(ii) a tribally controlled school (as
defined in section 5212 of the Tribally
Controlled Schools Act of 1988 (25 U.S.C.
2511));
``(iii) a nonprofit school transportation
association; or
``(iv) 1 or more contracting entities that
provide school bus service to 1 or more public
school systems.
``(B) Special requirements.--In the case of
eligible recipients identified under clauses (iii) and
(iv) of subparagraph (A), the Administrator shall
establish timely and appropriate requirements for
notice and may establish timely and appropriate
requirements for approval by the public school systems
that would be served by buses purchased using award
funds made available under this section.
``(6) Indigenous community.--The term `indigenous
community' means--
``(A) a federally recognized Indian Tribe;
``(B) a State-recognized Indian Tribe;
``(C) an Alaska Native or Native Hawaiian community
or organization; and
``(D) any other community of indigenous people,
including communities in other countries.
``(7) Low income.--The term `low income' means an annual
household income equal to, or less than, the greater of--
``(A) 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
``(B) 200 percent of the Federal poverty line.
``(8) Low-income community.--The term `low-income
community' means any census block group in which 30 percent or
more of the population are individuals with low income.
``(9) School bus.--The term `school bus' has the meaning
given the term `schoolbus' in section 30125(a) of title 49,
United States Code.
``(10) Scrap.--
``(A) In general.--The term `scrap' means, with
respect to a school bus engine replaced using funds
awarded under this section, to recycle, crush, or shred
the engine within such period and in such manner as
determined by the Administrator.
``(B) Exclusion.--The term `scrap' does not include
selling, leasing, exchanging, or otherwise disposing of
an engine described in subparagraph (A) for use in
another motor vehicle in any location.
``(11) Secretary.--The term `Secretary' means the Secretary
of Energy.
``(12) Zero-emission school bus.--The term `zero-emission
school bus' means a school bus with a drivetrain that produces,
under any possible operational mode or condition, zero exhaust
emission of--
``(A) any air pollutant that is listed pursuant to
section 108(a) of the Clean Air Act (42 U.S.C. 7408(a))
(or any precursor to such an air pollutant); and
``(B) any greenhouse gas.
``(b) Program for Replacement of Existing School Buses With Clean
School Buses.--
``(1) Establishment.--The Administrator, in consultation
with the Secretary, shall establish a program for--
``(A) making awards on a competitive basis of
grants, rebates, and low-cost revolving loans to
eligible recipients for the replacement of existing
school buses with clean school buses; and
``(B) making awards of contracts to eligible
contractors for providing rebates and low-cost
revolving loans for the replacement of existing school
buses with clean school buses.
``(2) Applications.--An applicant for an award under this
section shall submit to the Administrator an application at
such time, in such manner, and containing such information as
the Administrator 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 an award 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 subchapter IV of chapter 31 of
title 40, United States Code; and
``(ii) 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 (64 Stat. 1267; 5 U.S.C. App.) and section
3145 of title 40, United States Code;
``(B) a certification that no public work or
service normally performed by a public employee will be
privatized or subcontracted in carrying out a project
funded by the award;
``(C) to ensure a fair assessment of workforce
impact related to an award under this section, a
detailed accounting with respect to relevant employees,
including employees in each of management,
administration, operations, and maintenance, of the
eligible recipient at the time of the application,
including--
``(i) the number of employees, organized by
salary;
``(ii) the bargaining unit status of each
employee;
``(iii) the full- or part-time status of
each employee; and
``(iv) the job title of each employee; and
``(D) a description of coordination and advance
planning with the local electricity provider.
``(3) Eligible manufacturers.--
``(A) In general.--The Administrator shall maintain
and make publicly available a list of manufacturers of
clean school bus manufacturers from whom recipients of
awards under this section may order clean school buses.
``(B) Criteria.--The Administrator shall establish
a process by which manufacturers may seek inclusion on
the list established pursuant to this subparagraph,
which process shall include the submission of such
information as the Administrator may require,
including--
``(i) 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 manufacturer in
the preceding 3 years for violations of
applicable labor, employment, civil rights, or
health and safety laws; and
``(ii) specific information regarding the
actions the manufacturer 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 manufacturer will
take to ensure that its direct suppliers
demonstrate compliance with applicable labor,
employment, civil rights, and health and safety
laws.
``(4) Priority of applications.--
``(A) Highest priority.--In making awards under
paragraph (1), the Administrator shall give highest
priority to applicants that propose to replace school
buses that serve the highest number of students
(measured in absolute numbers or percentage of student
population) who are eligible for free or reduced price
lunches under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.).
``(B) Additional priority.--In making awards under
paragraph (1), the Administrator shall give priority to
applicants that propose to complement the assistance
received through the award by securing additional
sources of funding for the activities supported through
the award, such as through--
``(i) public-private partnerships with
electric companies;
``(ii) grants from other entities; or
``(iii) issuance of school bonds.
``(5) Use of school bus fleet.--All clean school buses
acquired with funds provided under this section shall--
``(A) be operated as part of the school bus fleet
for which the award was made for not less than 5 years;
``(B) be maintained, operated, charged, and fueled
according to manufacturer recommendations or State
requirements; and
``(C) not be manufactured or retrofitted with, or
otherwise have installed, a power unit or other
technology that creates air pollution within the school
bus, such as an unvented diesel passenger heater.
``(6) Awards.--
``(A) In general.--In making awards under paragraph
(1), the Administrator may make awards for up to 100
percent of the replacement costs for clean school
buses, provided that such replacement costs shall not
exceed 110 percent of the amount equal to the
difference between the cost of a clean school bus and
the cost of a diesel school bus.
``(B) Structuring awards.--In making an award under
paragraph (1)(A), the Administrator shall decide
whether to award a grant, rebate, or low-cost revolving
loan, or a combination thereof, based primarily on--
``(i) how best to facilitate replacing
existing school buses with clean school buses;
and
``(ii) the preference of the eligible
recipient.
``(C) Included costs.--Awards under paragraph (1)
may pay for--
``(i) acquisition and labor costs for
charging or other infrastructure needed to
charge or maintain clean school buses;
``(ii) workforce development and training,
to support the maintenance, charging, and
operations of electric school buses; and
``(iii) planning and technical activities
to support the adoption and deployment of clean
school buses.
``(D) Exception.--In the case of awards under
paragraph (1) to eligible recipients described in
subsection (a)(4)(A)(iv), the Administrator may make
awards for up to 70 percent of the replacement costs
for clean school buses, except that if such a recipient
demonstrates, to the satisfaction of the Administrator,
that its labor standards are equal to or exceed those
of the public school system that would be served by the
clean school buses acquired with an award under this
section, the Administrator may make an award to such
recipient for up to 90 percent of the replacement costs
for clean school buses.
``(E) Requirements.--The Administrator shall
require, as a condition of receiving an award under
this section, that award recipients--
``(i) do not, as a result of receiving the
award--
``(I) lay off, transfer, or demote
any current employee; or
``(II) reduce the salary or
benefits of any current employee or
worsen the conditions of work of any
current employee; and
``(ii) provide current employees with
training to effectively operate, maintain, or
otherwise adapt to new technologies relating to
clean school buses.
``(F) Buy america.--
``(i) In general.--Except as provided in
clause (ii), any clean school bus or electric
vehicle supply equipment purchased using funds
awarded under the this section shall comply
with the requirements described in section
5323(j) of title 49, United States Code.
``(ii) Exceptions.--
``(I) Waiver.--The Administrator
may provide a waiver to the
requirements describe in clause (i) in
the same manner and to the same extent
as the Secretary of Transportation may
provide a waiver under section
5323(j)(2) of title 49, United States
Code.
``(II) Percentage of components and
subcomponents.--The Administrator may
grant a waiver in accordance with
section 5323(j)(2)(C) of title 49,
United States Code, when a grant
recipient procures a clean school bus
or electric vehicle supply equipment
using funds awarded under the program
for which the cost of components and
subcomponents produced in the United
States--
``(aa) for each of fiscal
years 2022 through 2026, is
more than 60 percent of the
cost of all components of the
clean school bus; and
``(bb) for fiscal year 2026
and each fiscal year
thereafter, is more than 70
percent of the cost of all
components of the clean school
bus.
``(7) Deployment and distribution.--The Administrator
shall--
``(A) to the maximum extent practicable, achieve
nationwide deployment of clean school buses through the
program under this section;
``(B) ensure, as practicable, a broad geographic
distribution of awards under paragraph (1) each fiscal
year; and
``(C) solicit early applications for large-scale
deployments and, as soon as reasonably practicable,
award grants for at least one such large scale
deployment in a rural location and another in an urban
location, subject to the requirement that each such
award recipient--
``(i) participate in the development of
best practices, lessons learned, and other
information sharing to guide the implementation
of the award program, including relating to
building out associated infrastructure; and
``(ii) cooperate as specified in
subparagraph (D); and
``(D) develop, in cooperation with award
recipients, resources for future award recipients under
this section.
``(8) Scrappage.--
``(A) In general.--The Administrator shall require
the recipient of an award under paragraph (1) to
verify, not later than 1 year after receiving a clean
school bus purchased using the award, that the engine
of the replaced school bus has been scrapped.
``(B) Exception.--Subject to such conditions the
Administrator determines appropriate, giving
consideration to public health and reducing emissions
of pollutants, the Administrator may waive the
requirements of subparagraph (A) for school buses that
meet--
``(i) the emission standards applicable to
a new school bus as of the date of enactment of
the Leading Infrastructure For Tomorrow's
America Act; or
``(ii) subsequent emission standards that
are at least as stringent as the standards
referred to in clause (i).
``(c) Education and Outreach.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Leading Infrastructure For Tomorrow's America
Act, the Administrator shall develop an education and outreach
program to promote and explain the award program under this
section.
``(2) Coordination with stakeholders.--The education and
outreach program under paragraph (1) shall be designed and
conducted in conjunction with interested national school bus
transportation associations, labor unions, electric utilities,
manufacturers of clean school buses, manufacturers of
components of clean school buses, clean transportation
nonprofit organizations, and other stakeholders.
``(3) Components.--The education and outreach program under
paragraph (1) shall--
``(A) inform, encourage, and support potential
award recipients on the process of applying for awards
and fulfilling the requirements of awards;
``(B) describe the available technologies and the
benefits of the technologies;
``(C) explain the benefits of participating in the
award program;
``(D) make available information regarding best
practices, lessons learned, and technical and other
information regarding--
``(i) clean school bus acquisition and
deployment;
``(ii) the build-out of associated
infrastructure and advance planning with the
local electricity supplier;
``(iii) workforce development and training;
and
``(iv) any other information that, in the
judgment of the Administrator, is relevant to
transitioning to and deploying clean school
buses;
``(E) make available the information provided by
the Secretary pursuant to subsection (d);
``(F) in consultation with the Secretary, make
information available about how clean school buses can
be part of building community resilience to the effects
of climate change; and
``(G) include, as appropriate, information from the
annual report required under subsection (g).
``(d) DOE Assistance.--
``(1) Information gathering.--The Secretary shall gather,
and not less than annually share with the Administrator,
information regarding--
``(A) vehicle-to-grid technology, including best
practices and use-case scenarios;
``(B) the use of clean school buses for community
resilience; and
``(C) technical aspects of clean school bus
management and deployment.
``(2) Technical assistance.--The Secretary shall, in
response to a request from the Administrator, or from an
applicant for or recipient of an award under this section,
provide technical assistance in the development of an
application for or the use of award funds.
``(e) Administrative Costs.--The Administrator may use, for the
administrative costs of carrying out this section, not more than two
percent of the amounts made available to carry out this section for any
fiscal year.
``(f) Annual Report.--Not later than January 31 of each year, the
Administrator shall submit to Congress a report that--
``(1) evaluates the implementation of this section;
``(2) describes--
``(A) the total number of applications received for
awards under this section;
``(B) the number of clean school buses requested in
such applications;
``(C) the awards made under this section and the
criteria used to select the award recipients;
``(D) the awards made under this section for
charging and fueling infrastructure;
``(E) ongoing compliance with the commitments made
by manufacturers on the list maintained by the
Administrator under subsection (b)(3);
``(F) the estimated effect of the awards under this
section on emission of air pollutants, including
greenhouse gases; and
``(G) any other information the Administrator
considers appropriate; and
``(3) describes any waiver granted under subsection
(b)(5)(B) during the preceding year.
``(g) 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
2022 through 2026.
``(2) Allocation.--Of the amount authorized to be
appropriated for carrying out this section for each fiscal
year, no less than $52,000,000 shall be used for awards under
this section to eligible recipients proposing to replace school
buses to serve a community of color, indigenous community, low-
income community, or any community located in an air quality
area designated pursuant to section 107 of the Clean Air Act
(42 U.S.C. 7407) as nonattainment.''.
(b) Technical Amendment To Strike Redundant Authorization.--The
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (commonly referred to as ``SAFETEA-LU'') is amended--
(1) by striking section 6015 (42 U.S.C. 16091a); and
(2) in the table of contents in section 1(b) of such Act,
by striking the item relating to section 6015.
SEC. 34342. 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.
SEC. 34343. DOMESTIC MANUFACTURING CONVERSION GRANT PROGRAM.
(a) Hybrid Vehicles, Advanced Vehicles, and Fuel Cell Buses.--
Subtitle B of title VII of the Energy Policy Act of 2005 (42 U.S.C.
16061 et seq.) is amended--
(1) in the subtitle header, by inserting ``Plug-In Electric
Vehicles,'' before ``Hybrid Vehicles''; and
(2) in part 1, in the part header, by striking ``hybrid''
and inserting ``plug-in electric''.
(b) Plug-In Electric Vehicles.--Section 711 of the Energy Policy
Act of 2005 (42 U.S.C. 16061) is amended to read as follows:
``SEC. 711. PLUG-IN ELECTRIC VEHICLES.
``The Secretary shall accelerate efforts, related to domestic
manufacturing, that are directed toward the improvement of batteries,
power electronics, and other technologies for use in plug-in electric
vehicles.''.
(c) Efficient Hybrid and Advanced Diesel Vehicles.--Section 712 of
the Energy Policy Act of 2005 (42 U.S.C. 16062) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by inserting ``, plug-in
electric,'' after ``efficient hybrid''; and
(B) by amending paragraph (3) to read as follows:
``(3) Priority.--Priority shall be given to--
``(A) the refurbishment or retooling of
manufacturing facilities that have recently ceased
operation or would otherwise cease operation in the
near future; and
``(B) applications containing--
``(i) 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 subchapter IV of
chapter 31 of title 40, United States
Code; and
``(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 (64 Stat. 1267; 5 U.S.C.
App.) and section 3145 of title 40,
United States Code;
``(ii) 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;
``(iii) 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; and
``(iv) an estimate and description of the
jobs and types of jobs to be retained or
created by the project and the specific actions
the applicant will take to increase employment
and retention of dislocated workers, veterans,
individuals from low-income communities, women,
minorities, and other groups underrepresented
in manufacturing, and individuals with a
barrier to employment.''; and
(2) by striking subsection (c) and inserting the following:
``(c) Cost Share and Guarantee of Operation.--
``(1) Condition.--A recipient of a grant under this section
shall pay the Secretary the full amount of the grant if the
facility financed in whole or in part under this subsection
fails to manufacture goods for a period of at least 10 years
after the completion of construction.
``(2) Cost share.--Section 988(c) shall apply to a grant
made under this subsection.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $2,500,000,000
for each of fiscal years 2022 through 2026.
``(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.''.
(d) Conforming Amendment.--The table of contents of the Energy
Policy Act of 2005 is amended--
(1) in the item relating to subtitle B of title VII, by
inserting ``Plug-In Electric Vehicles,'' before ``Hybrid
Vehicles'';
(2) in the item relating to part 1 of such subtitle, by
striking ``Hybrid'' and inserting ``Plug-In Electric''; and
(3) in the item relating to section 711, by striking
``Hybrid'' and inserting ``Plug-in electric''.
SEC. 34344. 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) by amending paragraph to read as follows:
``(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--
``(i) meets the Bin 160 Tier III emission
standard established in regulations issued by
the Administrator of the Environmental
Protection Agency under section 202(i) of the
Clean Air Act (42 U.S.C. 7521(i)), or a lower-
numbered Bin emission standard;
``(ii) meets any new emission standard in
effect for fine particulate matter prescribed
by the Administrator under that Act (42 U.S.C.
7401 et seq.); and
``(iii) either--
``(I) complies with the applicable
regulatory standard for emissions of
greenhouse gases for model year 2027 or
later; or
``(II) emits zero emissions of
greenhouse gases; or
``(C) a heavy-duty vehicle (excluding a medium-duty
passenger vehicle) that--
``(i) 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);
``(ii) complies with the applicable
regulatory standard for emissions of greenhouse
gases for model year 2030 or later; or
``(iii) emits zero emissions of greenhouse
gases.'';
(B) by striking paragraph (2) and redesignating
paragraph (3) as paragraph (2);
(C) by striking paragraph (4) and inserting the
following:
``(3) Qualifying component.--The term `qualifying
component' means a material, technology, component, system, or
subsystem in an advanced technology vehicle, including an
ultra-efficient component.
``(4) Ultra-efficient component.--The term `ultra-efficient
component' means--
``(A) a component of an ultra efficient vehicle;
``(B) fuel cell technology;
``(C) battery technology, including a battery cell,
battery, battery management system, or thermal control
system;
``(D) an automotive semiconductor or computer;
``(E) an electric motor, axle, or component; and
``(F) an advanced lightweight, high-strength, or
high-performance material.''; and
(D) in paragraph (5)--
(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.--
Notwithstanding paragraph (1), a facility funding award under
such paragraph may pay not more than 80 percent of the cost of
a project 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
``2026'' 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 subchapter IV of chapter 31 of
title 40, United States Code; and
``(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 (64 Stat. 1267; 5 U.S.C.
App.) and section 3145 of title 40, United
States Code;
``(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;
``(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; and
``(D) an estimate and description of the jobs and
types of jobs to be retained or created by the project
and the specific actions the applicant will take to
increase employment and retention of dislocated
workers, veterans, individuals from low-income
communities, women, minorities, and other groups
underrepresented in manufacturing, and individuals with
a barrier to employment.'';
(B) by amending paragraph (3) to read as follows:
``(3) Selection of eligible projects.--
``(A) In general.--The Secretary shall select
eligible projects to receive loans under this
subsection in cases in which the Secretary determines--
``(i) the loan 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
``(ii) the amount of the loan (when
combined with amounts available to the loan
recipient from other sources) will be
sufficient to carry out the project.
``(B) Reasonable prospect of repayment.--The
Secretary shall base a determination of whether there
is a reasonable prospect of repayment of the principal
and interest on a loan under subparagraph (A) on a
comprehensive evaluation of whether the loan recipient
has a reasonable prospect of repaying the principal and
interest, including evaluation of--
``(i) the strength of an eligible project's
contractual terms (if commercially reasonably
available);
``(ii) the forecast of noncontractual cash
flows supported by market projections from
reputable sources, as determined by the
Secretary;
``(iii) cash sweeps and other structure
enhancements;
``(iv) the projected financial strength of
the loan recipient at the time of loan close
and projected throughout the loan term after
the project is completed;
``(v) the financial strength of the loan
recipient's investors and strategic partners,
if applicable; and
``(vi) other financial metrics and analyses
that are relied upon by the private lending
community and nationally recognized credit
rating agencies, as determined appropriate by
the Secretary.''; and
(C) in paragraph (4)--
(i) in subparagraph (B)(i), by striking ``;
and'' and inserting ``; or'';
(ii) in subparagraph (C), by striking ``;
and'' and inserting a semicolon;
(iii) in subparagraph (D), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(E) shall be subject to the condition that the
loan is not subordinate to other financing.'';
(5) by amending subsection (e) to read as follows:
``(e) Regulations.--Not later than 6 months after the date of
enactment of the Leading Infrastructure For Tomorrow's America Act, the
Secretary shall issue a final rule establishing regulations to carry
out this section.'';
(6) by amending subsection (f) to read as follows:
``(f) Fees.--The Secretary shall charge and collect fees for loans
under this section in amounts the Secretary determines are sufficient
to cover applicable administrative expenses (including any costs
associated with third-party consultants engaged by the Secretary),
which may not exceed $100,000 or 10 basis points of the loan and may
not be collected prior to financial closing.'';
(7) 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 (which may be idle),
give priority to those facilities that are or would be--
``(1) oldest or in existence for at least 20 years;
``(2) recently closed, or at risk of closure;
``(3) utilized primarily for the manufacture of medium-duty
passenger vehicles or other heavy-duty vehicles that emit zero
greenhouse gas emissions; or
``(4) utilized primarily for the manufacture of ultra-
efficient components.'';
(8) 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'';
(9) by striking subsection (i) and redesignating subsection
(j) as subsection (i); and
(10) by adding at the end the following:
``(j) Coordination.--In carrying out this section, the Secretary
shall coordinate with relevant vehicle, bioenergy, and hydrogen and
fuel cell demonstration project activities supported by the Department.
``(k) Outreach.--In carrying out this section, the Secretary
shall--
``(1) provide assistance with the completion of
applications for awards or loans under this section; and
``(2) conduct outreach, including through conferences and
online programs, to disseminate information on awards and loans
under this section to potential applicants.
``(l) Report.--Not later than 2 years after the date of the
enactment of this subsection, and every 3 years thereafter, the
Secretary shall submit to Congress a report on the status of projects
supported by a loan under this section, including--
``(1) a list of projects receiving a loan under this
section, including the loan amount and construction status of
each such project;
``(2) the status of each project's loan repayment,
including future repayment projections;
``(3) data regarding the number of direct and indirect jobs
retained, restored, or created by financed projects;
``(4) the number of new projects projected to receive a
loan under this section in the next 2 years and the aggregate
loan amount;
``(5) evaluation of ongoing compliance with the assurances
and commitments and of the predictions made by applicants
pursuant to subsection (d)(2); and
``(6) any other metrics the Secretary finds appropriate.''.
TITLE IV--HEALTH CARE INFRASTRUCTURE
SEC. 40001. CORE PUBLIC HEALTH INFRASTRUCTURE FOR STATE, LOCAL, TRIBAL,
AND TERRITORIAL HEALTH DEPARTMENTS.
(a) Program.--The Secretary of Health and Human Services (in this
title referred to as the ``Secretary''), acting through the Director of
the Centers for Disease Control and Prevention, shall establish a core
public health infrastructure program consisting of awarding grants
under subsection (b).
(b) Grants.--
(1) Award.--For the purpose of addressing core public
health infrastructure needs, the Secretary--
(A) shall award a grant to each State health
department; and
(B) may award grants on a competitive basis to
State, local, Tribal, or territorial health
departments.
(2) Allocation.--Of the total amount of funds awarded as
grants under this subsection for a fiscal year--
(A) not less than 50 percent shall be for grants to
State health departments under paragraph (1)(A); and
(B) not less than 30 percent shall be for grants to
State, local, Tribal, or territorial health departments
under paragraph (1)(B).
(c) Use of Funds.--A State, local, Tribal, or territorial health
department receiving a grant under subsection (b) shall use the grant
funds to address core public health infrastructure needs, including
those identified in the accreditation process under subsection (g).
(d) Formula Grants to State Health Departments.--In making grants
under subsection (b)(1)(A), the Secretary shall award funds to each
State health department in accordance with--
(1) a formula based on population size, burden of
preventable disease and disability, and core public health
infrastructure gaps, including those identified in the
accreditation process under subsection (g); and
(2) application requirements established by the Secretary,
including a requirement that the State health department submit
a plan that demonstrates to the satisfaction of the Secretary
that the State's health department will--
(A) address its highest priority core public health
infrastructure needs; and
(B) as appropriate, allocate funds to local health
departments within the State.
(e) Competitive Grants to State, Local, Tribal, and Territorial
Health Departments.--In making grants under subsection (b)(1)(B), the
Secretary shall give priority to applicants demonstrating core public
health infrastructure needs identified in the accreditation process
under subsection (g).
(f) Maintenance of Effort.--The Secretary may award a grant to an
entity under subsection (b) only if the entity demonstrates to the
satisfaction of the Secretary that--
(1) funds received through the grant will be expended only
to supplement, and not supplant, non-Federal and Federal funds
otherwise available to the entity for the purpose of addressing
core public health infrastructure needs; and
(2) with respect to activities for which the grant is
awarded, the entity will maintain expenditures of non-Federal
amounts for such activities at a level not less than the level
of such expenditures maintained by the entity for the fiscal
year preceding the fiscal year for which the entity receives
the grant.
(g) Establishment of a Public Health Accreditation Program.--
(1) In general.--The Secretary shall--
(A) develop, and periodically review and update,
standards for voluntary accreditation of State, local,
Tribal, and territorial health departments and public
health laboratories for the purpose of advancing the
quality and performance of such departments and
laboratories; and
(B) implement a program to accredit such health
departments and laboratories in accordance with such
standards.
(2) Cooperative agreement.--The Secretary may enter into a
cooperative agreement with a private nonprofit entity to carry
out paragraph (1).
(h) Report.--The Secretary shall submit to the Congress an annual
report on progress being made to accredit entities under subsection
(g), including--
(1) a strategy, including goals and objectives, for
accrediting entities under subsection (g) and achieving the
purpose described in subsection (g)(1)(A);
(2) identification of gaps in research related to core
public health infrastructure; and
(3) recommendations of priority areas for such research.
(i) Definition.--In this section, the term ``core public health
infrastructure'' includes--
(1) workforce capacity and competency;
(2) laboratory systems;
(3) testing capacity, including test platforms, mobile
testing units, and personnel;
(4) health information, health information systems, and
health information analysis;
(5) disease surveillance;
(6) contact tracing;
(7) communications;
(8) financing;
(9) other relevant components of organizational capacity;
and
(10) other related activities.
(j) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated $6,000,000,000 for the period
of fiscal years 2022 through 2026.
SEC. 40002. CORE PUBLIC HEALTH INFRASTRUCTURE AND ACTIVITIES FOR CDC.
(a) In General.--The Secretary, acting through the Director of the
Centers for Disease Control and Prevention, shall expand and improve
the core public health infrastructure and activities of the Centers for
Disease Control and Prevention to address unmet and emerging public
health needs.
(b) Report.--The Secretary shall submit to the Congress an annual
report on the activities funded through this section.
(c) Definition.--In this section, the term ``core public health
infrastructure'' has the meaning given to such term in section 40001.
(d) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $1,000,000,000 for the period of
fiscal years 2022 through 2026.
SEC. 40003. 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 ``; and''; and
(C) by adding at the end the following:
``(iii) increase capacity and update hospitals and other
medical facilities in order to better serve communities in
need.''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Priority.--In awarding grants under this subsection, the
Secretary shall give priority to applicants whose projects will
include, by design, public health emergency preparedness or
cybersecurity against cyber threats.
``(4) American Iron and Steel Products.--
``(A) In general.--As a condition on receipt of a grant
under this subsection for a project, an entity shall ensure
that all of the iron and steel products used in the project are
produced in the United States.
``(B) Application.--Subparagraph (A) shall be waived in any
case or category of cases in which the Secretary finds that--
``(i) applying subparagraph (A) would be
inconsistent with the public interest;
``(ii) iron and steel products are not produced in
the United States in sufficient and reasonably
available quantities and of a satisfactory quality; or
``(iii) inclusion of iron and steel products
produced in the United States will increase the cost of
the overall project by more than 25 percent.
``(C) Waiver.--If the Secretary receives a request for a
waiver under this paragraph, the Secretary shall make available
to the public, on an informal basis, a copy of the request and
information available to the Secretary concerning the request,
and shall allow for informal public input on the request for at
least 15 days prior to making a finding based on the request.
The Secretary shall make the request and accompanying
information available by electronic means, including on the
official public internet site of the Department of Health and
Human Services.
``(D) International agreements.--This paragraph shall be
applied in a manner consistent with United States obligations
under international agreements.
``(E) Management and oversight.--The Secretary may retain
up to 0.25 percent of the funds appropriated for this
subsection for management and oversight of the requirements of
this paragraph.
``(F) Effective date.--This paragraph does not apply with
respect to a project if a State agency approves the engineering
plans and specifications for the project, in that agency's
capacity to approve such plans and specifications prior to a
project requesting bids, prior to the date of enactment of this
paragraph.
``(5) Authorization of Appropriations.--To carry out this
subsection, there is authorized to be appropriated $2,000,000,000 for
each of fiscal years 2022 through 2026.''.
(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. 40004. PILOT PROGRAM TO IMPROVE LABORATORY INFRASTRUCTURE.
(a) In General.--The Secretary shall award grants to States and
political subdivisions of States to support the improvement,
renovation, or modernization of infrastructure at clinical laboratories
(as defined in section 353 of the Public Health Service Act (42 U.S.C.
263a)) that will help to improve SARS-CoV-2 and COVID-19 testing and
response activities, including the expansion and enhancement of testing
capacity at such laboratories.
(b) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $4,500,000,000 for the period of
fiscal years 2022 through 2026.
SEC. 40005. 21ST CENTURY INDIAN HEALTH PROGRAM HOSPITALS AND OUTPATIENT
HEALTH CARE FACILITIES.
The Indian Health Care Improvement Act is amended by inserting
after section 301 of such Act (25 U.S.C. 1631) the following:
``SEC. 301A. ADDITIONAL FUNDING FOR PLANNING, DESIGN, CONSTRUCTION,
MODERNIZATION, AND RENOVATION OF HOSPITALS AND OUTPATIENT
HEALTH CARE FACILITIES.
``(a) Additional Funding.--For the purpose described in subsection
(b), in addition to any other funds available for such purpose, there
is authorized to be appropriated $5,000,000,000 for the period of
fiscal years 2022 through 2026.
``(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.''.
SEC. 40006. PILOT PROGRAM TO IMPROVE COMMUNITY-BASED CARE
INFRASTRUCTURE.
(a) In General.--The Secretary 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) Authorization of Appropriations.--To carry out this section,
there is authorized to be appropriated $500,000,000 for the period of
fiscal years 2022 through 2026.
SEC. 40007. 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 2022
through 2026.
``(2) Expedited awards.--The Secretary of Health and Human
Services shall take such steps as may be necessary to expedite
the award of grants for capital projects pursuant to paragraph
(1) and ensure that some such awards are made during fiscal
year 2022.''.
SEC. 40008. ENERGY EFFICIENCY.
(a) In General.--As a condition on receipt of a grant for a project
under section 40004 or 40006, or under section 1610(a) of the Public
Health Service Act, as amended by section 40003, section 301A of the
Indian Health Care Improvement Act, as added by section 40005, or
section 10503(c) of the Patient Protection and Affordable Care Act, as
amended by section 40007, a grant recipient shall ensure that the
project increases--
(1) energy efficiency;
(2) energy resilience; or
(3) the use of renewable energy.
(b) Application.--Subsection (a) shall be waived in any case or
category of cases in which the Secretary finds that applying subsection
(a)--
(1) would be inconsistent with the public interest; or
(2) 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 section, 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 the provisions of law
referred to in subsection (a) for management and oversight of the
requirements of this section.
(e) Effective Date.--This section 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 section.
TITLE V--BROWNFIELDS REDEVELOPMENT
SEC. 50001. 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 is
authorized to be appropriated to carry out this subsection--
``(A) $350,000,000 for fiscal year 2022;
``(B) $400,000,000 for fiscal year 2023;
``(C) $450,000,000 for fiscal year 2024;
``(D) $500,000,000 for fiscal year 2025; and
``(E) $550,000,000 for fiscal year 2026.''.
SEC. 50002. 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 is authorized to be appropriated to
carry out this subsection--
``(A) $70,000,000 for fiscal year 2022;
``(B) $80,000,000 for fiscal year 2023;
``(C) $90,000,000 for fiscal year 2024;
``(D) $100,000,000 for fiscal year 2025; and
``(E) $110,000,000 for fiscal year 2026.''.
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